1. Active Calendar 1.I. Active Calendar August 1 2022 Documents: ACTIVE CALENDAR AUGUST 1 2022.PDF 2. Supporting Legislation 2.I. August 1, 2022 Documents: AUGUST 1, 2022.PDF 3. Minutes 4. Majority Consent (MC) 5. Supporting Document 5.I. 17.81.22 - Attachment A- Site Plan Documents: 17.81.22 - ATTACHMENT A- SITE PLAN.PDF 5.I.i. 17.81.22 - Attachment B- Appraisal Documents: 17.81.22 - ATTACHMENT B- APPRAISAL.PDF 5.I.ii. Resolution 63.62.22R (Clarke) A RESOLUTION OF THE COMMON COUNCIL REAPPOINTING ZACHARY SIMPSON TO THE PUBLIC, EDUCATION AND GOVERNMENT ACCESS OVERSIGHT BOARD Documents: RESOLUTION 63.62.22R (CLARKE) REAPPOINTING ZACHARY SIMPSON TO THE PUBLIC, EDUCATION AND GOVERNMENT ACCESS OVERSIGHT BOARD.PDF 5.I.iii. Ordinance 15.62.22 (Clarke) Changes The Composition Of The PEGAccess Board Documents: ORDINANCE 15.62.22 (CLARKE) CHANGES THE COMPOSITION OF THE PEGACCESS BOARD.PDF 5.I.iv. Resolution 64.61.22R (Clarke) REAPPOINTING DONALD HYMAN TO THE PUBLIC, EDUCATION AND GOVERNMENT ACCESS OVERSIGHT BOARD Documents: RESOLUTION 64.61.22R (CLARKE) REAPPOINTING DONALD HYMAN TO THE PUBLIC, EDUCATION AND GOVERNMENT ACCESS OVERSIGHT BOARD.PDF EDUCATION AND GOVERNMENT ACCESS OVERSIGHT BOARD Documents: RESOLUTION 64.61.22R (CLARKE) REAPPOINTING DONALD HYMAN TO THE PUBLIC, EDUCATION AND GOVERNMENT ACCESS OVERSIGHT BOARD.PDF 6. Written Comment 7. Amended Legislation 8. Meeting Agenda 8.I. 22 Agenda 0801 Documents: 22 AGENDA 0801.PDF Page 1 of 2 Albany Common Council Active Calendar Meeting of Monday, August 1, 2022 (NOTE: The Active Calendar is meant to indicate items which are anticipated to come up for action at the indicated Common Council meeting. Items on a committee agenda prior to the indicated Council meeting are included subject to committee action and recommendation. New items on the agenda for introduction, but which will not be acted upon on the evening of introduction is not included on the Active Calendar. This Calendar does not preclude the addition of items for action by Majority Consent of the Council. Items added by Majority Consent are those which were not available for the agenda within the required deadline but which cannot wait for the subsequent Council meeting for introduction and/or action.) Section Number Agenda Sponsor Subject Number Ordinances Held (a) 15.62.22 3 Clarke AN ORDINANCE AMENDING PART 38 (PUBLIC, EDUCATION AND GOVERNMENT ACCESS OVERSIGHT BOARD [PEGAOB]) OF CHAPTER 42 (DEPARTMENTS AND COMMISSIONS) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO THE COMPOSITION OF THE PUBLIC, EDUCATION AND GOVNERMENT ACCESS OVERSIGHT BOARD Resolution Held (a) 63.61.22R 3 Clarke A RESOLUTION OF THE COMMON COUNCIL REAPPOINTING ZACHARY SIMPSON TO THE PUBLIC, EDUCATION AND GOVERNMENT ACCESS OVERSIGHT BOARD Resolution Held (a) 64.61.22R 4 Clarke A RESOLUTION OF THE COMMON COUNCIL REAPPOINTING DONALD HYMAN TO THE PUBLIC, EDUCATION AND GOVERNMENT ACCESS OVERSIGHT BOARD Resolution Introduced (a) 76.81.22R Clarke A RESOLUTION SUPPORTING THE CENTRAL DISTRICT MANAGEMENT ASSOCIATION IN ITS APPLICATION TO NEW YORK STATE HOMES AND COMMUNITY RENEWAL FOR STATE ASSISTANCE IN FUNDING MICROENTERPRISE GRANTS Page 2 of 2 Resolution Introduced (a) 78.81.22R Love, at the A RESOLUTION request of the HONORING CHEF Mayor WIDJIONO “YONO” PURNOMO AND DONNA PURNOMO AND RENAMING A PORTION OF CHAPEL STREET IN THEIR HONOR Resolution Introduced (a) 79.81.22R Clarke A RESOLUTION SUPPORTING CENTRAL DISTRICT MANAGEMENT ASSOCIATION IN ITS APPLICATION TO NEW YORK STATE HOMES AND COMMUNITY RENEWAL FOR STATE ASSISTANCE IN FUNDING THE STEAM GARDEN PROJECT (a) Pending Discussion at Caucus on Wednesday, July 27, 2022 @ 5:30pm, IN PERSON in the Council Chamber, 2nd Floor, City Hall (07/22/2022) COMMON COUNCIL OF THE CITY OF ALBANY SUPPORT LEGISLATION AUGUST 1, 2022 ORDINANCES 17.81.22 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 REIGHT- OF-WAY OF BRIDGE STREET FOR THE CONSTRUCTION AND MAINTENANCE OF AN ADA COMPLIANT RAMP AND DECT AT DRUTHERS BREWING COMPANY RESOLUTIONS 76.81.22R A RESOLUTION SUPPORTING THE CENTRAL DISTRICT MANAGEMENT ASSOCIATION IN ITS APPLICATION TO NEW YORK STATE HOMES AND COMMUNITY RENEWAL FOR STATE ASSISTANCE IN FUNDING MICROENTERPRISE GRANTS 77.81.22R A RESOLUTION HONORING CHRISTINE YOUNG AND RENAMING THE CORNER OF DELAWARE AVENUE AND MYRTLE AVENUE IN HER HONOR 78.81.22R A RESOLUTION HONORING CHEF WIDJIONO “YONO” PURNOMO AND DONNA PURNOMO AND RENAMING A PORTION OF CHAPEL STREET IN THEIR HONOR 79.81.22R A RESOLUTION SUPPORTING CENTRAL DISTRICT MANAGEMENT ASSOCIATION IN ITS APPLICATION TO NEW YORK STATE HOMES AND COMMUNITY RENEWAL FOR STATE ASSISTANCE IN FUNDING THE STEAM GARDEN PROJECT Council Member Kimbrough introduced the following: ORDINANCE 17.81.22 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 The City of Albany, in Common Council convened, does hereby ordain and enact: Section 1. The City of Albany is hereby authorized to grant an easement to 1053 Brewing, LLC over a portion of the Bridge Street right-of-way in the area of 1053 Broadway, in the City of Albany for the purpose of construction and maintenance of an ADA compliant ramp and deck as requested by the property owner, and as described more fully in the legal description attached hereto. Section 2. The form, content, terms and conditions of such easement shall be approved by the Corporation Counsel. Section 3. The Grantee shall not hinder, interfere with, prevent, delay, obstruct, or adversely affect the Grantor in the reasonable exercise of its governmental operations or functions. Section 4. This ordinance shall take effect immediately. APPROVED AS TO FORM THIS 22ND DAY OF JULY, 2022 ______________________________ Corporation Counsel To: Danielle Gillespie, City Clerk From: Martha Mahoney, Assistant Corporation Counsel Brett Williams, Senior Assistant Corporation Counsel Re: Request for Common Council Legislation Supporting Memorandum Date: July 8, 2022 Sponsor: Council Member Kimbrough ORDINANCE 17.81.22 TITLE 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 GENERAL PURPOSE OF THE LEGISLATION The purpose of this ordinance is to authorize the grant of an easement to 1053 Brewing, LLC, so that an ADA-compliant deck and ramp may be constructed, installed, and maintained at Druthers Brewing Company to accommodate the need for additional outdoor seating in the City’s Bridge Street right-of-way. Chris Martell, the owner of 1053 Brewing, LLC, which owns 1053 Broadway and operates Druthers Brewing Company, located at 1053 Broadway, seeks an easement to install, construct, and maintain an ADA-Compliant ramp and deck for additional seating at Druthers. Mr. Martell submitted applications for three area variances associated with this project to the Board of Zoning Appeals (the “Board”), and the Board conditionally approved each on March 16, 2022. During the Board’s review of the three area variances, the Board served as lead agency for the coordinated review of the project (an Unlisted Action) under SEQRA and identified the Common Council as an involved agency. The Common Council consented to the Board’s lead agency designation on December 30, 2021. On February 2, 2022, the Board adopted a Determination of Non-Significance Resolution and issued and adopted a Negative Declaration for the project, thus fully complying with and concluding the SEQRA process. As an aside, please note that before requesting area variances and this easement, Mr. Martell explored other options, such as purchasing 1043 Broadway and building a rooftop deck to accommodate additional outdoor seating. For various reasons, these options were not available to Mr. Martell. A site plan map of the proposed ramp and deck, and an appraisal report for the subject property, are included herewith as Attachments “A” and “B,” respectively. NECESSITY FOR LEGISLATION AND ANY CHANGE TO EXISTING LAW Common Council approval is required for land transactions, such as the granting of a permanent easement in the City’s right-of-way. SPECIFICS OF REAL PROPERTY SALE OR ACQUISITION (if applicable) The subject portion of the Bridge Street Right-of-Way in the area of 1053 Broadway has a valuation of approximately $3,500. The requester has obtained an appraisal report, which is included herewith as Attachment “B.” FISCAL IMPACT The requester will pay the $3,500 fair market value identified for the subject property in the attached appraisal report (Attachment “B”). Council Member Clarke introduced the following: RESOLUTION NUMBER 76.81.22R A RESOLUTION SUPPORTING THE CENTRAL DISTRICT MANAGEMENT ASSOCIATION IN ITS APPLICATION TO NEW YORK STATE HOMES AND COMMUNITY RENEWAL FOR STATE ASSISTANCE IN FUNDING MICROENTERPRISE GRANTS WHEREAS, Central District Management Association is requesting financial aid from the State of New York to assist in funding a citywide program to provide specialized technical assistance, through microenterprise grants of $2,500 to $25,000, based on need, to Albany business that were significantly impacted by the COVID-19 pandemic; and WHEREAS, Central District Management is applying to New York State Homes and Community Renewal for funding under through the CARES Act; and WHEREAS, the grant application requires that the applicant obtain the approval and endorsement of the governing body of the municipality in which the project that would benefit from the grant is located; and WHEREAS, the proposed application supports and advances the goals of the adopted 2030 Albany comprehensive plan, the citywide economic development strategy, and applicable neighborhood revitalization plans; and WHEREAS, the proposed application supports and advances the established goals of the Capital Region Economic Development Council and will have a significant regional impact; NOW, THEREFORE, BE IT RESOLVED, that the Common Council of the City of Albany does hereby approve and endorse the application of Central District Management Association to New York State Homes and Community Renewals’ for funding under the New York State Community Development Block Grant CARES Act to help fund microenterprise grants for Albany businesses that were significantly impacted by the COVID-19 pandemic. To: Danielle Gillespie, City Clerk From: Brett Williams, Esq., Senior Assistant Corporation Counsel Re: Supporting Memorandum Date: July 20, 2022 Sponsor: Council Member Clarke RESOLUTION 76.81.22R TITLE A RESOLUTION SUPPORTING THE CENTRAL DISTRICT MANAGEMENT ASSOCIATION IN ITS APPLICATION TO NEW YORK STATE HOMES AND COMMUNITY RENEWAL FOR STATE ASSISTANCE IN FUNDING MICROENTERPRISE GRANTS GENERAL PURPOSE OF LEGISLATION Central District Management Association is requesting Common Council support of an application for funding through the CARES act to help fund a program that will provide specialized technical assistance to Albany businesses that were significantly impacted by the global pandemic over the past two years through a consortium of partners in the small business and entrepreneurial network. Microenterprise grants will range from $2,500 to $25,000 based on need identified through their individual counseling sessions. Grants will be eligible to be used for working capital, furniture, fixtures, and equipment. Led by the Central Avenue Business Improvement District (the BID), these micro-enterprise grants will be open to a range of businesses in scale and type. The goal is to provide one on one counseling to identify their highest needs to weather the impacts of COVID-19 on their business/industry and to combine that with direct, flexible financial assistance that will ensure their resiliency and longevity for the future. NECESSITY FOR LEGISLATION AND ANY CHANGE TO EXISTING LAW The Common Council’s support for this grant request, evidenced by resolution, is required by New York State Housing and Community Renewal. Passage at the August 1, 2022 meeting is requested due to the requirement for applicants to submit the approved resolutions with their application(s) prior to the August 4, 2022 deadline. FISCAL IMPACT(S) None. Council Member Adams introduced the following: RESOLUTION NUMBER 77.81.22R A RESOLUTION HONORING CHRISTINE YOUNG AND RENAMING THE CORNER OF DELAWARE AVENUE AND MYRTLE AVENUE IN HER HONOR WHEREAS, Christine Young started working as a Crossing Officer for the City School District of Albany in 1967; and WHEREAS, through her service as a Crossing Officer, Mrs. Young directed traffic to keep all children and everyone crossing the street safe, while keeping motorists moving safely and at a steady pace; and WHEREAS, she is best known for her work at the busy corner of Delaware and Myrtle Avenues, having also served at several other corners throughout the years; and WHEREAS, the corner of Delaware and Myrtle, where Mrs. Young kept motorists and pedestrians safe until her retirement after 31 years of service, is in the same neighborhood where she raised her two children; and WHEREAS, Mrs. Young is well known by the community for her tremendous service to several generations and all ages, for which hard work and dedication she has been recognized, honored, and awarded, including with the Mayor’s Award in 1997; and WHEREAS, Mrs. Young’s contagious smile, cheerful attitude, reliability, and eagerness to ensure everyone’s safety on the corners she patrolled are what make her so unique and earned her everyone’s respect and cooperation; and WHEREAS, Mrs. Young truly enjoyed interacting and working with all those who crossed the street at her corners; NOW, THEREFORE, BE IT RESOLVED, that the Common Council of the City of Albany honors Christine Young for her contributions and dedication to residents of the City and renames the corner of Delaware and Myrtle Avenues “Christine Young Way” in her honor. To: Danielle Gillespie, City Clerk From: John-Raphael Pichardo, Esq., Research Counsel Re: Common Council Legislation Supporting Memorandum Date: June 28, 2022 Sponsor: Council Member Adams RESOLUTION NUMBER 77.81.22R TITLE A RESOLUTION HONORING CHRISTINE YOUNG AND RENAMING THE CORNER OF DELAWARE AVENUE AND MYRTLE AVENUE IN HER HONOR GENERAL PURPOSE OF LEGISLATION This resolution honors Mrs. Christine Young and renames the corner of Delaware Ave and Myrtle Ave in her Honor. FISCAL IMPACT(S) The cost of the sign. Council Member Love, at the request of the Mayor introduced the following: RESOLUTION 78.81.22R A RESOLUTION HONORING CHEF WIDJIONO “YONO” PURNOMO AND DONNA PURNOMO AND RENAMING A PORTION OF CHAPEL STREET IN THEIR HONOR WHEREAS, in 1971 Chef Widjiono “Yono” Purnomo left his native Jakarta, Indonesia to work aboard the famed Holland America ocean liner SS Rotterdam, on which he served for seven years; and WHEREAS, in 1976 Chef Purnomo met a passenger named Donna J. Metallo and the pair carried on a shipboard romance (against rules for crew members), fell in love, and eventually settled in Albany soon thereafter; and WHEREAS, in 1982 the Purnomos began their careers as restaurateurs when they purchased the 21 Club, located across from the State Capitol, at which Yono had been the Maître d’ for several years; and WHEREAS, Chef Yono’s focus is in the kitchen, Donna, in addition to being an acclaimed pastry chef, is the “business head” of the operation – a serial multitasker with more than twenty years’ experience handling all financial and administrative matters for Wind and Dine Group, LLC WHEREAS, following a devastating fire in December of 1985, the Purnomos moved their restaurant operations to 289 Hamilton Street, in the shadow of the Empire State Plaza, where “Yono’s,” one of Upstate New York’s most acclaimed fine dining restaurants was born on September 30, 1986; and WHEREAS, Yono’s remained on Hamilton Street until late 1999, moved briefly to Colvin Avenue, and has since, together with is companion restaurant “dp: An American Brasserie,” become a fixture of downtown for the past 16 years from its location at Chapel Street and Sheridan Avenue; and WHEREAS, Yono’s, Chef Yono, and Donna have been recognized by, nominated for, and won nearly every industry award imaginable, by entities including the New York State Restaurant Foundation, the James Beard Foundation, Wine Spectator, Distinguished Restaurants of America, and the American Culinary Federation; and WHEREAS, Chef Yono strives to introduce his native culture and cuisine through cooking classes, demonstrations and lectures for schools, civic organizations, and fellow chefs, and he is affiliated with more than 75 charitable and community service organizations; and WHEREAS, Donna has always been similarly engaged in many charitable and community activities, foundations, and advisory boards, including the Albany Medical Center Foundation, SUNY Cobleskill, and the FBI Citizens Academy; and WHEREAS, together the Purnomos have also helped to found the Culinary Cornucopia and Wine and Dine for the Arts – both charitable fundraiser events – and established the Yono’s Scholarship Foundation; and WHEREAS, throughout the years, the Purnomos have employed and mentored hundreds of young culinary and dining room professionals and advised countless budding restaurateurs on the ins and outs of the hospitality industry; and WHEREAS, entering into a retirement at the close of a joint career stretching more than forty years, the Purnomos have tried to live and work according a credo instilled in Chef Yono by his mentor, Certified Master Chef Fritz Sonnenschmidt, culinary Dean of the Culinary Institute of American in Hyde Park, New York: “To cook with your head, your heart, and your hands; NOW, THEREFORE, BE IT RESOLVED, that the Common Council of the City of Albany honors the lives, careers, and community contributions of Chef Widjiono “Yono” Purnomo and Donna Purnomo upon their retirement by renaming Chapel Street from Monroe Avenue to Sheridan Avenue “Chef Yono and Donna Purnomo Way” in their honor; and BE IT FURTHER RESOVLED, that the Common Council directs that signs reading “Chef Yono and Donna Purnomo Way” shall be produced and placed in consultation with the Division of Traffic Engineering. To: Danielle Gillespie, City Clerk From: Brett Williams, Senior Assistant Corporation Counsel Re: Common Council Legislation Supporting Memorandum Date: July 22, 2022 Sponsor: Council Member Love, at the request of the Mayor RESOLUTION 78.81.22R TITLE A RESOLUTION HONORING CHEF WIDJIONO “YONO” PURNOMO AND DONNA PURNOMO AND RENAMING A PORTION OF CHAPEL STREET IN THEIR HONOR GENERAL PURPOSE OF LEGISLATION This resolution honors Chef Widjiono “Yono” and Donna Purnomo, leading figures in the Albany hospitality and charitable communities for more than forty years, on the occasion of their retirement. NECESSITY FOR LEGISLATION AND ANY CHANGE TO EXISTING LAW Sections 323-63.2 and 323-63.3 of the Code of the City of Albany require the Common Council to review and approve all applications for honorary street renamings. Such approval is accomplished by resolution of the Council. Note that Code § 323-63.2 (A)(2) states that “no living individual shall be the subject of a proposed dedication, except by unanimous consent of the Common Council.” Since both Chef Yono and Donna Purnomo are still living, this resolution will require unanimous consent. FISCAL IMPACT None. REQUESTED TIME FRAME FOR APPROVAL The Purnomos’ retirement party is to be held on August 14, 2022 and the applicant would like to have this resolution available at that party. It is thus requested that the Council pass this resolution at its August 1 meeting, as that is the only meeting remaining before the 14th. Council Member Clarke introduced the following: RESOLUTION NUMBER 79.81.22R A RESOLUTION SUPPORTING CENTRAL DISTRICT MANAGEMENT ASSOCIATION IN ITS APPLICATION TO NEW YORK STATE HOMES AND COMMUNITY RENEWAL FOR STATE ASSISTANCE IN FUNDING THE STEAM GARDEN PROJECT WHEREAS, Central District Management Association is requesting financial aid from the State of New York to assist in funding the STEAM Garden project in the City of Albany; and WHEREAS, Central District Management Association is applying to New York State Homes and Community Renewal for funding under the New York Main Street Program, Downtown Stabilization Project activity; and WHEREAS, the grant application requires that the applicant obtain the approval and endorsement of the governing body of the municipality in which the project will be located; and WHEREAS, the proposed application supports and advances the goals of the adopted Albany 2030 comprehensive plan, the citywide economic development strategy and applicable neighborhood revitalization plans; and WHEREAS, the proposed application supports and advances the established goals of the Capital Region Economic Development Council and will have a significant regional impact; NOW, THEREFORE, BE IT RESOLVED, that the Common Council of the City of Albany does hereby approve and endorse the application of Central District Management Association to New York State Homes and Community Renewal’s New York Main Street Program for funding to aid the STEAM Garden project. To: Danielle Gillespie, City Clerk From: Brett Williams, Esq., Senior Assistant Corporation Counsel Re: Supporting Memorandum Date: July 22, 2022 Sponsor: Council Member Love RESOLUTION 79.81.22R TITLE A RESOLUTION SUPPORTING CENTRAL DISTRICT MANAGEMENT ASSOCIATION IN ITS APPLICATION TO NEW YORK STATE HOMES AND COMMUNITY RENEWAL FOR STATE ASSISTANCE IN FUNDING THE STEAM GARDEN PROJECT GENERAL PURPOSE OF LEGISLATION Central District Management Association is requesting Common Council support of an application for CFA funding to facilitate further renovations at 297 Central Avenue, home of the STEAM Garden project, the goal of the project is to finish additional incubator space in the STEAM Garden. NECESSITY FOR LEGISLATION AND ANY CHANGE TO EXISTING LAW New York State Homes and Community Development requires Council approval for this grant application. Though similar to the grant application approved by the Council in Resolution 69.72.22R, this is a distinct grant application which requires separate Council approval. FISCAL IMPACT(S) None. REQUESTED TIME FRAME FOR PASSAGE Passage is requested for the August 1, 2022 meeting so that Central District Management may meet its filing deadline for the requested grant. BIKE LANE SITE LOCATION MAP SITE IMPROVEMENTS FOR 1053 BREWING LLC ENVIRONMENTAL DESIGN 1" = 10' LOCATED AT 1053 BROADWAY PARTNERSHIP, LLP SITE PLAN CITY OF ALBANY TAX MAP SBL# 1 OF 1 PRELIMINARY 900 Route 146 Clifton Park, New York 12065 ALBANY COUNTY, NEW YORK MAY 10, 2021 (518) 371-7621 edpllp.com APPRAISAL OF REAL PROPERTY LOCATED AT: 1053 Broadway Menands, NY 12204 FOR: Druthers Brewing Company 1053 Broadway Albany, NY 12204 AS OF: 11/8/2021 BY: William Moore The Appraisal Company P.O.Box 4596 Saratoga Springs, NY 12866 (518)583-6188 NYS Cert #46000009321 The Appraisal Company (518) 583-6188 Serial# 93DC2A65 Form GA2 - "TOTAL" appraisal software by a la mode, inc. - 1-800-ALAMODE esign.alamode.com/verify The Appraisal Company P.O. Box 4596 Saratoga Springs, NY 12866-6727 (518) 583-6188 11/10/2021 Druthers Brewing Company 1053 Broadway Albany, NY 12204 Re: Property: 1053 Broadway Menands, NY 12204 Borrower: N/A File No.: 112216phil Opinion of Value: $ 3,500 Effective Date: 11/8/2021 In accordance with your request, we have appraised the above referenced property. The report of that appraisal is attached, which is of an easement portion of the real estate on the side of the subject structure. The purpose of the appraisal is to develop an opinion of market value for the property described in this appraisal report, which is an easement to be granted by the City of Albany to 1053 Brewing. This report is based on a physical analysis of the site and improvements, a locational analysis of the neighborhood and city, and an economic analysis of the market for properties such as the subject. The appraisal was developed and the report was prepared in accordance with the Uniform Standards of Professional Appraisal Practice. The opinion of value reported above is as of the stated effective date and is contingent upon the certification and limiting conditions attached. It has been a pleasure to assist you. Please do not hesitate to contact me or any of my staff if we can be of additional service to you. Sincerely,esign.alamode.com/verify Serial:93DC2A65 William Moore NY State Certified General Appraiser License or Certification #: 46000009321 State: NY Expires: 12/07/2022 appraisalsaratoga@msn.com Serial# 93DC2A65 esign.alamode.com/verify Client Druthers Brewing Company File No. 112216phil Property Address 1053 Broadway City Menands County Albany State NY Zip Code 12204 Appraiser William Moore APPRAISAL AND REPORT IDENTIFICATION This Report is one of the following types: Appraisal Report (A written report prepared under Standards Rule 2-2(a) , pursuant to the Scope of Work, as disclosed elsewhere in this report.) Restricted (A written report prepared under Standards Rule 2-2(b) , pursuant to the Scope of Work, as disclosed elsewhere in this report, Appraisal Report restricted to the stated intended use by the specified client or intended user.) Comments on Standards Rule 2-3 I certify that, to the best of my knowledge and belief: - The statements of fact contained in this report are true and correct. - The reported analyses, opinions, and conclusions are limited only by the reported assumptions and limiting conditions and are my personal, impartial, and unbiased professional analyses, opinions, and conclusions. - Unless otherwise indicated, I have no present or prospective interest in the property that is the subject of this report and no personal interest with respect to the parties involved. - Unless otherwise indicated, I have performed no services, as an appraiser or in any other capacity, regarding the property that is the subject of this report within the three-year period immediately preceding acceptance of this assignment. - I have no bias with respect to the property that is the subject of this report or the parties involved with this assignment. - My engagement in this assignment was not contingent upon developing or reporting predetermined results. - My compensation for completing this assignment is not contingent upon the development or reporting of a predetermined value or direction in value that favors the cause of the client, the amount of the value opinion, the attainment of a stipulated result, or the occurrence of a subsequent event directly related to the intended use of this appraisal. - My analyses, opinions, and conclusions were developed, and this report has been prepared, in conformity with the Uniform Standards of Professional Appraisal Practice that were in effect at the time this report was prepared. - Unless otherwise indicated, I have made a personal inspection of the property that is the subject of this report. - Unless otherwise indicated, no one provided significant real property appraisal assistance to the person(s) signing this certification (if there are exceptions, the name of each individual providing significant real property appraisal assistance is stated elsewhere in this report). Comments on Appraisal and Report Identification Note any USPAP related issues requiring disclosure and any State mandated requirements: Fee Simple Interest: Is defined as absolute ownership unencumbered by any other interest or estate, subject only to the limitations imposed by the governmental powers of taxation, eminent domain, police power, and escheat. Source: Appraisal Institute, The Dictionary of Real Estate Appraisal, 5th ed. (Chicago: Appraisal Institute, 2010). esign.alamode.com/verify Serial:93DC2A65 APPRAISER: SUPERVISORY or CO-APPRAISER (if applicable): Signature: Signature: Name: William Moore Name: NY State Certified General Appraiser State Certification #: 46000009321 State Certification #: or State License #: or State License #: State: NY Expiration Date of Certification or License: 12/07/2022 State: Expiration Date of Certification or License: Date of Signature and Report: 11/10/2021 Date of Signature: Effective Date of Appraisal: 11/8/2021 Inspection of Subject: None Interior and Exterior Exterior-Only Inspection of Subject: None Interior and Exterior Exterior-Only Date of Inspection (if applicable): 11/8/2021 Date of Inspection (if applicable): Serial# 93DC2A65 Form ID14 - "TOTAL" appraisal software by a la mode, inc. - 1-800-ALAMODE esign.alamode.com/verify SUMMARY OF SALIENT FEATURES Subject Address 1053 Broadway Legal Description Recorded Albany County Clerk City Menands SUBJECT INFORMATION County Albany State NY Zip Code 12204 Census Tract 0001.00 Map Reference 10580 PRICE & DATE Contract Price $ N/A Date of Contract N/A Client Druthers Brewing Company PARTIES Appraiser William Moore Size (Square Feet) Vacant Land Price per Square Foot $ DESCRIPTION OF IMPROVEMENTS Location Commercial Area Age 0 Condition 0 Total Rooms 0 Bedrooms 0 Baths 0 Appraiser William Moore APPRAISER Effective Date of Appraisal 11/8/2021 VALUE Opinion of Value $ 3,500 Serial# 93DC2A65 Form SSF - "TOTAL" appraisal software by a la mode, inc. - 1-800-ALAMODE esign.alamode.com/verify The Appraisal Company (518) 583-6188 FIRREA / USPAP ADDENDUM Client Druthers Brewing Company File No. 112216phil Property Address 1053 Broadway City Menands County Albany State NY Zip Code 12204 Appraiser William Moore Purpose The purpose of this appraisal report is to provide the client with an accurate and adequately supported opinion of the market value of the subject property as of 11/08/2021. Scope of Work In preparing the appraisal, the appraiser: Inspected the subject site from Broadway. Reviewed City of Albany assessor records on the subject. Checked for any sales history on the subject during the past 3 years. Reviewed CRMLS records in order to determine if the subject property has been offered for sale in the past 12 months. Gathered information on comparable sales which have occurred during the past year. Confirmed comparable sales information. Analyzed the data and applied the sales analysis for the subject property. The cost analysis is not applicable as this is currently vacant land. The income analysis is not applicable as this is currently vacant land. Intended Use / Intended User Intended Use: Determine present day market value of the easement frontng Bridge Street and adjacent to 1053 Broadway. No other use is authorized. Intended User(s): The intended user of this report is Druthers Brewing Company. No other users have been identified by the appraiser. History of Property Current listing information: CRMLS indicates the subject has not been listed in the past 12 months. Prior sale: NYS ORPS indicates no sales on the subject in past 3 years. Exposure Time / Marketing Time Please see multi-purpose addendum. Personal (non-realty) Transfers Not applicable. Additional Comments Hypothetical Condition that the proposed easement is in place. Please note that the referenced portions are to the property owned by 1053 Brewing, the easement is to the side of the building fronting Bridge Street Certification Supplement 1. This appraisal assignment was not based on a requested minimum valuation, a specific valuation, or an approval of a loan. 2. My compensation is not contingent upon the reporting of a predetermined value or direction in value that favors the cause of the client, the amount of the value estimate, the attainment of a stipulated result or the occurrence of a subsequent event. 3. I have not performed any services, as an appraiser or in any other capacity, regarding the subject of this report within the three year period immediately preceding acceptance of this assignment. esign.alamode.com/verify Serial:93DC2A65 Supervisory Appraiser: William Moore Appraiser: Signed Date: 11/10/2021 Signed Date: Certification or License #: 46000009321 Certification or License #: Certification or License State: NY Expires: 12/07/2022 Certification or License State: Expires: Effective Date of Appraisal: Inspection of Subject: Did Not Exterior Only Interior and Exterior Serial# 93DC2A65 Form FUA_LG2 - "TOTAL" appraisal software by a la mode, inc. - 1-800-ALAMODE esign.alamode.com/verify LAND APPRAISAL REPORT File No.112216phil Borrower N/A Census Tract 0001.00 Map Reference 10580 Property Address 1053 Broadway City Menands County Albany State NY Zip Code 12204 IDENTIFICATION Legal Description Recorded Albany County Clerk Sale Price $ N/A Date of Sale N/A Loan Term N/A yrs. Property Rights Appraised Fee Leasehold De Minimis PUD Actual Real Estate Taxes $ 288 (yr) Loan charges to be paid by seller $ 0 Other sales concessions 0 Lender/Client Druthers Brewing Company Address 1187 Troy Schenectady Road, Latham, NY 12110 Occupant N/A Appraiser William Moore Instructions to Appraiser Estimate present day market value of easement fronting Bridge Street. Location Urban Suburban Rural Good Avg. Fair Poor Built Up Over 75% 25% to 75% Under 25% Employment Stability Growth Rate Fully Dev. Rapid Steady Slow Convenience to Employment Property Values Increasing Stable Declining Convenience to Shopping Demand/Supply Shortage In Balance Oversupply Convenience to Schools Marketing Time Under 3 Mos. 4-6 Mos. Over 6 Mos. Adequacy of Public Transportation Present Land Use 50% 1 Family 20% 2-4 Family 20% Apts. 0% Condo 10% Commercial Recreational Facilities NEIGHBORHOOD % Industrial % Vacant % Adequacy of Utilities Change in Present Land Use Not Likely Likely (*) Taking Place (*) Property Compatibility (*) From To Protection from Detrimental Conditions Predominant Occupancy Owner Tenant 20 % Vacant Police and Fire Protection Single Family Price Range $ 10,000 to $ 150,000 Predominant Value $ 100,000 General Appearance of Properties Single Family Age 45 yrs. to 150 yrs. Predominant Age 50 yrs. Appeal to Market Comments including those factors, favorable or unfavorable, affecting marketability (e.g. public parks, schools, view, noise): Lot located in urban area. Close proximity to local convience amenities. Albany City School system. Easement to be given to 1053 Brewing for exterior seating. Dimensions .037 Acres = 0.037 Sq. Ft. or Acres Corner Lot Zoning classification Light Industrial Present Improvements do do not conform to zoning regulations Highest and best use Present use Other (specify) NA-Easement Only Public Other (Describe) OFF SITE IMPROVEMENTS Topo Level Elec. Street Access Public Private Size Average Gas Surface Asphalt Shape Rectangle SITE Water Maintenance Public Private View Average San. Sewer Storm Sewer Curb/Gutter Drainage Assumed average Underground Elect. & Tel. Sidewalk Street Lights Is the property located in a HUD Identified Special Flood Hazard Area? No Yes Comments (favorable or unfavorable including any apparent adverse easements, encroachments, or other adverse conditions): This appraisal is of the easement that may be granted on the Bridge Street side of 1053 Broadway The undersigned has recited three recent sales of properties most similar and proximate to subject and has considered these in the market analysis. The description includes a dollar adjustment reflecting market reaction to those items of significant variation between the subject and comparable properties. If a significant item in the comparable property is superior to or more favorable than the subject property, a minus (-) adjustment is made thus reducing the indicated value of subject; if a significant item in the comparable is inferior to or less favorable than the subject property, a plus (+) adjustment is made thus increasing the indicated value of the subject. ITEM SUBJECT PROPERTY COMPARABLE NO. 1 COMPARABLE NO. 2 COMPARABLE NO. 3 Address 1053 Broadway 26 Fulton St 777 Broadway 83 N Lake Ave Menands Albany, NY 12209 Albany, NY 12208 Albany, NY 12206 Proximity to Subject 1.52 miles SW 0.68 miles SW 1.55 miles W Sales Price $ N/A $ 5,300 $ 8,000 $ 10,000 MARKET DATA ANALYSIS Price Per Acre $ $ 203,846 $ 150,943 $ 200,000 Data Source Inspection/Assessor NYS ORPS NYS ORPS NYS ORPS Date of Sale and DESCRIPTION DESCRIPTION +(–)$ Adjust. DESCRIPTION +(–)$ Adjust. DESCRIPTION +(–)$ Adjust. Time Adjustment N/A 7/23/2021 08/01/2018 0 04/09/2020 0 Location Commercial Area Commercial Commercial Area Commercial Area Site/View 0.037 Commercial/Core Industrial/Commer Commercial/Mixed Acreage .037 ac .026 ac +2,500 .053 ac -2,500 .05 ac -2,500 Improvements None None None None Ownership Easement Only Fee Simple -3,500 Fee Simple -3,500 Fee Simple -3,500 Sales or Financing N/A N/A N/A N/A Concessions Net Adj. (Total) + – $ -1,000 + – $ -6,000 + – $ -6,000 Indicated Value of Subject $ $ $ 4,300 2,000 4,000 Comments on Market Data: Normal 6 month time guideline had to be exceeded on 2 sales. Given the subject is for an easement only an adjustment was made for the non ownership of that portion of the parcel. Please note while the 1053 Broadway parcel is referenced the actual land will be from the City of Albany. 1053 Broadway is being utilized as reference. Comments and Conditions of Appraisal: Market approach provides the sole credence for the final determination of value. Appraised value based on subject site as is at time of inspection. RECONCILIATION Final Reconciliation: esign.alamode.com/verify The adjusted sale prices ofSerial:93DC2A65 the above comparables would support a final value determination of $3,500 for the easement as marked on the survey. I ESTIMATE THE MARKET VALUE, AS DEFINED, OF SUBJECT PROPERTY AS OF 11/8/2021 20 16 to be $ 3,500 William Moore Did Did Not Physically Inspect Property Appraiser(s) Review Appraiser (if applicable) [Y2K] The Appraisal Company (518) 583-6188 Serial# 93DC2A65 esign.alamode.com/verify Form LND - "TOTAL" appraisal software by a la mode, inc. - 1-800-ALAMODE ENVIRONMENTAL ADDENDUM APPARENT* HAZARDOUS SUBSTANCES AND/OR DETRIMENTAL ENVIRONMENTAL CONDITIONS Client Druthers Brewing Company Address 1053 Broadway City Menands County Albany State NY Zip code 12204 Appraiser William Moore *Apparent is defined as that which is visible, obvious, evident or manifest to the appraiser. This universal Environmental Addendum is for use with any real estate appraisal. Only the statements which have been checked by the appraiser apply to the property being appraised. This addendum reports the results of the appraiser's routine inspection of and inquiries about the subject property and its surrounding area. It also states what assumptions were made about the existence (or nonexistence) of any hazardous substances and/or detrimental environmental conditions. The appraiser is not an expert environmental inspector and therefore might be unaware of existing hazardous substances and/or detrimental environmental conditions which may have a negative effect on the safety and value of the property. It is possible that tests and inspections made by a qualified environmental inspector would reveal the existence of hazardous materials and/or detrimental environmental conditions on or around the property that would negatively affect its safety and value. DRINKING WATER Drinking Water is supplied to the subject from a municipal water supply which is considered safe. However the only way to be absolutely certain that the water meets published standards is to have it tested at all discharge points. Drinking Water is supplied by a well or other non-municipal source. It is recommended that tests be made to be certain that the property is supplied with adequate pure water. Lead can get into drinking water from its source, the pipes, at all discharge points, plumbing fixtures and/or appliances. The only way to be certain that water does not contain an unacceptable lead level is to have it tested at all discharge points. X The value estimated in this appraisal is based on the assumption that there is an adequate supply of safe, lead-free Drinking Water. Comments Vacant land. SANITARY WASTE DISPOSAL Sanitary Waste is removed from the property by a municipal sewer system. Sanitary Waste is disposed of by a septic system or other sanitary on site waste disposal system. The only way to determine that the disposal system is adequate and in good working condition is to have it inspected by a qualified inspector. X The value estimated in this appraisal is based on the assumption that the Sanitary Waste is disposed of by a municipal sewer or an adequate properly permitted alternate treatment system in good condition. Comments Vacant land. SOIL CONTAMINANTS There are no apparent signs of Soil Contaminants on or near the subject property (except as reported in Comments below). It is possible that research, inspection and testing by a qualified environmental inspector would reveal existing and/or potential hazardous substances and/or detrimental environmental conditions on or around the property that would negatively affect its safety and value. X The value estimated in this appraisal is based on the assumption that the subject property is free of Soil Contaminants. Comments ASBESTOS All or part of the improvements were constructed before 1979 when Asbestos was a common building material. The only way to be certain that the property is free of friable and non-friable Asbestos is to have it inspected and tested by a qualified asbestos inspector. The improvements were constructed after 1979. No apparent friable Asbestos was observed (except as reported in Comments below). X The value estimated in this appraisal is based on the assumption that there is no uncontained friable Asbestos or other hazardous Asbestos material on the property. Comments Vacant land. PCBs (POLYCHLORINATED BIPHENYLS) There were no apparent leaking fluorescent light ballasts, capacitors or transformers anywhere on or nearby the property (except as reported in Comments below). There was no apparent visible or documented evidence known to the appraiser of soil or groundwater contamination from PCBs anywhere on the property (except as reported in Comments below). X The value estimated in this appraisal is based on the assumption that there are no uncontained PCBs on or nearby the property. Comments RADON X The appraiser is not aware of any Radon tests made on the subject property within the past 12 months (except as reported in Comments below). X The appraiser is not aware of any indication that the local water supplies have been found to have elevated levels of Radon or Radium. X The appraiser is not aware of any nearby properties (except as reported in Comments below) that were or currently are used for uranium, thorium or radium extraction or phosphate processing. X The value estimated in this appraisal is based on the assumption that the Radon level is at or below EPA recommended levels. Comments The Appraisal Company (518) 583-6188 Serial# 93DC2A65 Form 69F - "TOTAL" appraisal software by a la mode, inc. - 1-800-ALAMODE esign.alamode.com/verify USTs (UNDERGROUND STORAGE TANKS) There is no apparent visible or documented evidence known to the appraiser of any USTs on the property nor any known historical use of the property that would likely have had USTs. There are no apparent petroleum storage and/or delivery facilities (including gasoline stations or chemical manufacturing plants) located on adjacent properties (except as reported in Comments below). There are apparent signs of USTs existing now or in the past on the subject property. It is recommended that an inspection by a qualified UST inspector be obtained to determine the location of any USTs together with their condition and proper registration if they are active; and if they are inactive, to determine whether they were deactivated in accordance with sound industry practices. X The value estimated in this appraisal is based on the assumption that any functioning USTs are not leaking and are properly registered and that any abandoned USTs are free from contamination and were properly drained, filled and sealed. Comments NEARBY HAZARDOUS WASTE SITES There are no apparent Hazardous Waste Sites on the subject property or nearby the subject property (except as reported in Comments below). Hazardous Waste Site search by a trained environmental engineer may determine that there is one or more Hazardous Waste Sites on or in the area of the subject property. X The value estimated in this appraisal is based on the assumption that there are no Hazardous Waste Sites on or nearby the subject property that negatively affect the value or safety of the property. Comments UREA FORMALDEHYDE (UFFI) INSULATION All or part of the improvements were constructed before 1982 when UREA foam insulation was a common building material. The only way to be certain that the property is free of UREA formaldehyde is to have it inspected by a qualified UREA formaldehyde inspector. The improvements were constructed after 1982. No apparent UREA formaldehyde materials were observed (except as reported in Comments below). X The value estimated in this appraisal is based on the assumption that there is no significant UFFI insulation or other UREA formaldehyde material on the property. Comments Vacant Land. LEAD PAINT All or part of the improvements were constructed before 1980 when Lead Paint was a common building material. There is no apparent visible or known documented evidence of peeling or flaking Lead Paint on the floors, walls or ceilings (except as reported in Comments below). The only way to be certain that the property is free of surface or subsurface Lead Paint is to have it inspected by a qualifed inspector. The improvements were constructed after 1980. No apparent Lead Paint was observed (except as reported in Comments below). X The value estimated in this appraisal is based on the assumption that there is no flaking or peeling Lead Paint on the property. Comments Vacant land. AIR POLLUTION There are no apparent signs of Air Pollution at the time of the inspection nor were any reported (except as reported in Comments below). The only way to be certain that the air is free of pollution is to have it tested. X The value estimated in this appraisal is based on the assumption that the property is free of Air Pollution. Comments WETLANDS/FLOOD PLAINS X The site does not contain any apparent Wetlands/Flood Plains (except as reported in Comments below). The only way to be certain that the site is free of Wetlands/ Flood Plains is to have it inspected by a qualified environmental professional. X The value estimated in this appraisal is based on the assumption that there are no Wetlands/Flood Plains on the property (except as reported in Comments below). Comments MISCELLANEOUS ENVIRONMENTAL HAZARDS There are no other apparent miscellaneous hazardous substances and/or detrimental environmental conditions on or in the area of the site except as indicated below: Excess Noise Radiation + Electromagnetic Radiation Light Pollution Waste Heat Acid Mine Drainage Agricultural Pollution Geological Hazards Nearby Hazardous Property Infectious Medical Wastes Pesticides Others (Chemical Storage + Storage Drums, Pipelines, etc.) X The value estimated in this appraisal is based on the assumption that there are no Miscellaneous environmental Hazards (except those reported above) that would negatively affect the value of the property. When any of the environmental assumptions made in this addendum are not correct, the estimated value in this appraisal may not be valid. Serial# 93DC2A65 Form 69F - "TOTAL" appraisal software by a la mode, inc. - 1-800-ALAMODE esign.alamode.com/verify Aerial Map Client Druthers Brewing Company Property Address 1053 Broadway City Menands County Albany State NY Zip Code 12204 Appraiser William Moore Serial# 93DC2A65 Form MAP.LOC - "TOTAL" appraisal software by a la mode, inc. - 1-800-ALAMODE esign.alamode.com/verify Proposed Easement Client Druthers Brewing Company Property Address 1053 Broadway City Menands County Albany State NY Zip Code 12204 Appraiser William Moore Serial# 93DC2A65 Form MAP.LOC - "TOTAL" appraisal software by a la mode, inc. - 1-800-ALAMODE esign.alamode.com/verify Comparable Sales Map Client Druthers Brewing Company Property Address 1053 Broadway City Menands County Albany State NY Zip Code 12204 Appraiser William Moore Serial# 93DC2A65 Form MAP.LOC - "TOTAL" appraisal software by a la mode, inc. - 1-800-ALAMODE esign.alamode.com/verify 001021304ÿ0637ÿ89 8 ÿ  ÿÿÿÿ!" # ÿ6ÿ0$4%&7'(%ÿ)* +,ÿ02ÿ3230ÿ0(637630ÿ- . /ÿ0/1 1ÿ234 013 Subject 67 879 32- ÿ;<ÿ=9>ÿ?; %)ÿ*ÿ%+, -.'-'/01 02/03045 @A 011ÿ34567ÿ89 ÿ 64ÿÿ7ÿ4ÿÿ81  %ÿ'(ÿ% 8 !ÿ"#8$# 8 7 4 + 01! ,-"ÿÿ/ 01- #8$2ÿ8&ÿ78482'1 ^,!, 02"ÿG,7 ÿ@,83ÿ 2>,-  !" : !E2  !"ÿ 2 !, ,-ÿD1- ,3,< m  !" 4,5 /2 3,- ! ,,3, 6-782 hji g f [U\ÿÿ]W QU VUW RS42 @2/,!-,ÿ -,+, ,ÿ:N ;,;-  ;ÿTÿ,-,3,  !ÿH- 8 D2E=, +,-= , fhgek A 42E,E gek f h ?," Gÿ1=< +,-!Eÿ ;62- @ , <- 23 9,-2ÿ, :3;,, abcd @IBCÿ 0,=,ÿÿB !- >",ÿ@>2,!>,  !ÿ0,,; 0--= ,- Tÿ?!=2!,,2!= D3E abl be a 055!- iji  !"ÿ 2 !, ,-ÿD1- ,3,< fgh  I!L243,2!ÿ -20"ÿ571- ÿM!" @N2!1;!, ÿ D @,,E>21;5, 6 25 ! 9ÿ4 7ÿH!-, @,ÿK2>,ÿ0 571-  !"ÿ/N2!=ÿ0,!, Tÿ12>ÿD ÿ: 1!><  !" 62=<ÿ@>< #8$2ÿ8&ÿY9'4Z16452Z 0!2!= I /23,;!  15!2 X1 E I!238ÿÿ LGN!  !" 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