1. Meeting Agenda 1.I. August 5, 2024 | Combined Agenda And Active Calendar Documents: 24 AGENDA-ACTIVE-CALENDAR 0805 AMENDED.PDF 2. Supporting Legislation Legislation that is being introduced for the first time 2.I. August 5, 2024 | Supporting Legislation Documents: AMENDED AUGUST 5, 2024.PDF 3. Active Legislation Legislation that was previously introduced and is now being considered by the body 3.I. August 5, 2024 | Active Legislation Documents: 240805 ACTIVE LEGISLATION.PDF 4. Majority Consent (MC) 5. Supporting Document 5.I. County Planning Board Decisions Documents: 01-2407040532 - ORDINANCE 3.21.24.PDF 01-2407040531 - ORDINANCE 10.42.24.PDF 6. Minutes 7. Written Comment 8. Active Calendar AGENDA FOR THE REGULAR MEETING OF THE ALBANY COMMON COUNCIL Monday, August 5, 2024 The Common Council meets the first and third Monday of each month at 7:00 p.m. (note: when Monday falls on a legal holiday or day of special observance, the Council meeting is ordinarily moved to the following Thursday). This meeting will be held in the Common Council Chambers in City Hall and live streamed on Facebook. If we experience any technical difficulties on Facebook, the video will be streamed to YouTube. For more information on how to be heard please visit our website. If you wish to speak during the meeting or provide written comments, they must be received by 12noon on the day of the meeting. All comments are memorialized on our Facebook page, website, and are subject to FOIL. ORDER OF BUSINESS: Roll Call Welcome Pledge of Allegiance Moment of Silence Public Hearings Public Comment Period (30 Minutes) Approval of Minutes from Previous Meetings Consideration of Local Laws Communications from the Mayor, Department Heads and other City Officials Consideration of Vetoes Presentation of Petitions and Communications Reports of Standing Committees Reports of Ad Hoc Committees Consideration of Ordinances Consideration of Resolutions Additional Public Comment (30 Minutes) Miscellaneous or Unfinished Business Adjournment (Revised 8/1/2024) Page 1 of 11 Albany Common Council Active Calendar Monday, August 5, 2024 The Active Calendar is meant to indicate items which are anticipated to come up for action at the indicated Common Council meeting. Items on a committee agenda prior to the indicated Council meeting are included subject to committee action and recommendation. New items on the agenda for introduction, but which will not be acted upon on the evening of introduction is not included on the Active Calendar. This Calendar does not preclude the addition of items for action by Majority Consent of the Council. Items added by Majority Consent are those which were not available for the agenda within the required deadline but which cannot wait for the subsequent Council meeting for introduction and/or action. Legislation Prime Sponsor Subject Local Laws Held Robinson A LOCAL LAW AMENDING ARTICLE XLIV (GENERAL D of 2024 PROVISIONS) OF PART 33 (COMMUNITY POLICE REVIEW BOARD) OF CHAPTER 42 (DEPARTMENTS AND *As Amended* COMMISSIONS) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO TRANSITIONING THE CPRB INTO THE CITY⠀⠀⠀⠀⠀⠀⠀⠀⠀⠀⠀⠀⠀⠀⠀⠀⠀⠀⠀⠀⠀⠀⠀⠀⠀⠀⠀⠀⠀⠀⠀⠀⠀⠀ Ordinances Held Anane AN ORDINANCE AMENDING CHAPTER 375 (UNIFIED 3.21.24 SUSTAINABLE DEVELOPMENT ORDINANCE) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO SMOKE OR VAPE SHOPS ⠀⠀⠀⠀⠀⠀⠀⠀⠀⠀⠀⠀⠀⠀⠀ *As Amended* Ordinances Held Balarin AN ORDINANCE AMENDING CHAPTER 375 (UNIFIED 10.42.24 SUSTAINABLE DEVELOPMENT ORDINANCE) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO COMMERCIAL *As Amended* FOOD PREPARATION⠀⠀⠀⠀⠀ Resolutions Introduced Love A RESOLUTION OF THE COMMON COUNCIL 83.81.24R ENCOURAGING NEW YORK STATE TO ENACT A TAX HOLIDAY Resolutions Introduced Romero A RESOLUTION OF THE COMMON COUNCIL AUTHORIZING 84.81.24R THE ACCEPTANCE OF FUNDS FROM THE NEW YORK STATE OFFICE OF PARKS, RECREATION AND HISTORIC PRESERVATION FOR THE WASHINGTON PARK PLAYGROUND PROJECT (Revised 8/1/2024) Page 2 of 11 Local Laws Introduced 1 Robinson Local Law I of 2024 A LOCAL LAW AMENDING PART 36 (COMMISSION ON HUMAN RIGHTS) OF CHAPTER 42 (DEPARTMENTS AND COMMISSIONS) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO DESIGNATING AN END-OF-TERM DATE FOR COMMISSION MEMBERS *Referred to Human Resources & Human Rights* (Revised 8/1/2024) Page 3 of 11 Local Laws Held 1 Johnson Local Law C of 2022 A LOCAL LAW AMENDING CHAPTER 42 (DEPARTMENTS AND COMMISSIONS) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO CREATING A PUBLIC SAFETY COMMISSION *Referred to Public Safety | Discussed: 6/9/2022* 2 Balarin Local Law G of 2022 A LOCAL LAW AMENDING PART 4 (HISTORIC RESOURCES COMMISSION), PART 13 (PLANNING BOARD OF CITY OF ALBANY), AND PART 35 (BOARD OF ZONING APPEALS) OF CHAPTER 42 (DEPARTMENTS AND COMMISSIONS) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO REDUCING THE SIZE OF THE HISTORIC RESOURCES COMMISSION AND AUTHORIZING THE APPOINTMENT OF ALTERNATE MEMBERS TO THE HISTORIC RESOURCES COMMISSION, CITY PLANNING BOARD, AND BOARD OF ZONING APPEALS *Referred to Planning, Economic Development & Land Use | Discussed: 12/21/2022* 3 Romero Local Law I of 2022 A LOCAL LAW CREATING A COMMUNITY COMMISSION TO STUDY THE ENACTMENT OF REPARATIONS REMEDIES RELATED TO THE SALE OF CANNABIS IN THE CITY OF ALBANY *Referred to Joint Finance and Human Rights Committee | Discussed: 5/13/2024* 4 Romero Local Law J of 2022 A LOCAL LAW AMENDING ARTICLE VIIB (ALBANY POLICE DEPARTMENT INTERACTIONS) OF PART 1 (DEPARTMENT OF POLICE) OF CHAPTER 42 (DEPARTMENTS AND COMMISSION) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO PROHIBITING THE ALBANY POLICE DEPARTMENT FROM PURCHASING, STOCKPILING, AND USING KINETIC ENERGY MUNITIONS *Referred to Public Safety | Discussed: 9/28/2022* 5 Romero Local Law K of 2022 A LOCAL LAW AMENDING ARTICLE VIIB (ALBANY POLICE DEPARTMENT INTERACTIONS) OF PART 1 (DEPARTMENT OF POLICE) OF CHAPTER 42 (DEPARTMENTS AND COMMISSION) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO PROHIBITING THE ALBANY POLICE DEPARTMENT FROM PURCHASING, STOCKPILING, AND USING CHEMICAL WEAPONS *Referred to Public Safety | Discussed: 9/28/2022* 6 Kimbrough Local Law L of 2022 A LOCAL LAW AMENDING ARTICLE VIIB (ALBANY POLICE DEPARTMENT INTERACTIONS) OF PART 1 (DEPARTMENT OF POLICE) OF CHAPTER 42 (DEPARTMENTS AND COMMISSIONS) OF THE CODE OF THE CITY OF ALBANY WITH REGARD TO THE USE OF CHEMICAL WEAPONS AND KINETIC ENERGY MUNITIONS ON CIVILIAN POPULATIONS *Referred to Public Safety | Discussed: 9/28/2022* 7 Adams Local Law F of 2023 A LOCAL LAW AMENDING PART 4 (RESIDENTIAL OCCUPANCY PERMIT AND RENTAL DWELLING REGISTRY) OF CHAPTER 231 (HOUSING) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO REQUIRING SUCH PERMITS FOR SHORT-TERM RENTAL DWELLING UNITS *Referred to Law, Buildings & Code Enforcement | Discussed: 4/3/2024* 8 Anane Local Law L of 2023 A LOCAL LAW AMENDING PART II (GENERAL LEGISLATION) OF THE CODE OF THE CITY OF ALBANY BY ENACTING A NEW CHAPTER 337 TO BE ENTITLED “TOBACCO RETAIL LICENSE” *Referred to Law, Buildings & Code Enforcement* (Revised 8/1/2024) Page 4 of 11 9 Farrell Local Law C of 2024 A LOCAL LAW AMENDING CHAPTER 133 (BUILDING CONSTRUCTION) OF THE CODE OF THE CITY OF ALBANY BY ADDING A NEW ARTICLE XV (GREEN BUILDING REQUIREMENTS) THERETO AND PROVIDING FOR A COOL ROOF REQUIREMENT *Passed the Law, Buildings & Code Enforcement Committee | Discussed: 5/1/2024* 10 Robinson *Under Consideration* Local Law D of 2024 A LOCAL LAW AMENDING ARTICLE XLIV (GENERAL PROVISIONS) OF PART 33 (COMMUNITY POLICE REVIEW BOARD) OF CHAPTER 42 (DEPARTMENTS AND COMMISSIONS) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO TRANSITIONING THE CPRB INTO THE CITY⠀⠀⠀⠀⠀⠀⠀⠀⠀⠀⠀⠀⠀⠀⠀⠀⠀⠀⠀⠀⠀⠀⠀⠀⠀⠀⠀⠀⠀⠀⠀⠀⠀⠀ *Passed the Public Safety Committee | Discussed: 7/17/2024* 11 Farrell Local Law F of 2024 A LOCAL LAW CREATING A NEW CHAPTER 50 (ETHICS) OF THE CODE OF THE CITY OF ALBANY BY ESTABLISHING A CODE OF ETHICS FOR THE CITY OF ALBANY AND A BOARD OF ETHICS *Referred to Council Operations & Ethics* 12 Flynn Local Law G of 2024 A LOCAL LAW AMENDING SECTIONS 301 AND 403 OF THE CHARTER OF THE CITY OF ALBANY IN RELATION TO THE DEPUTY MAYOR *Referred to Law, Buildings & Code Enforcement* (Revised 8/1/2024) Page 5 of 11 Ordinances Introduced 1 Balarin Ordinance 23.81.24 AN ORDINANCE AMENDING CHAPTER 375 (UNIFIED SUSTAINABLE DEVELOPMENT ORDINANCE) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO ADDING SINGLE-, TWO-, AND THREE- UNIT DETATCHED DWELLINGS AS PERMITTED USES IN THE MU-CI ZONING DISTRICT *Referred to Planning, Economic Development & Land Use* 2 Farrell Ordinance 24.81.24 AN ORDINANCE AMENDING CHAPTER 359 (VEHICLES AND TRAFFIC) AND CHAPTER 251 (PARKS AND RECREATION) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO THE OPERATION OF ACTIVE TRANSPORTATION IN THE CITY OF ALBANY *Referred to Law, Buildings & Code Enforcement* (Revised 8/1/2024) Page 6 of 11 Ordinances Held 1 Farrell Ordinance 16.72.22 AN ORDINANCE AMENDING ARTICLE I (BICYCLES AND ALL MOTOR VEHICLES) OF CHAPTER 359 (VEHICLES AND TRAFFIC) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO THE REGULATION OF SKATEBOARDING ON SIDEWALKS *Referred to Law, Buildings & Code Enforcement* 2 Love Ordinance 19.91.22 AN ORDINANCE AMENDING PART 21 (COMMON COUNCIL) OF CHAPTER 42 (DEPARTMENTS AND COMMISSIONS) OF THE CODE OF THE CITY OF ALBANY ENACTING A SUMMER RECESS IN LEGISLATIVE SESSIONS *Referred to Council Operations & Ethics* 3 Anane Ordinance 49.121.22 AN ORDINANCE AMENDING PART 3 (DEPARTMENT OF PUBLIC SAFETY) OF CHAPTER 42 (DEPARTMENTS AND COMMISSIONS) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO POLICE DEPARTMENT REPORTING REQUIREMENTS *Referred to Public Safety* 4 Romero Ordinance 15.41.23 AN ORDINANCE AMENDING ARTICLE V (COMPLETE STREETS) OF CHAPTER 323 (STREETS AND SIDEWALKS) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO PEDESTRIAN SIGNALIZATION AND PEDESTRIAN INTERVALS *Referred to Law, Buildings & Code Enforcement | Discussed: 6/26/2023* 5 Farrell Ordinance 16.42.23 AN ORDINANCE AMENDING ARTICLE V (UNNECESSARY AND UNUSUAL NOISES) OF CHAPTER 255 (PEACE AND GOOD ORDER) OF THE CODE OF THE CITY OF ALBANY *Referred to Law, Buildings & Code Enforcement | Discussed: 2/27/2024* 6 Kimbrough Ordinance 26.61.23 AN ORDINANCE AMENDING CHAPTER 48 (EQUAL OPPORTUNITY PROTECTIONS) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO EXPANDING THE SCOPE OF MINORITY AND WOMEN- OWNED AND CONTROLLED BUSINESSES *Referred to Human Resources & Human Rights | Discussed: 9/14/2023* 7 Keegan Ordinance 28.62.23 AN ORDINANCE AMENDING CHAPTER 313 (SOLID WASTE) OF THE CODE OF THE CITY OF ALBANY BY ADDING A PERMITTING SYSTEM FOR COMMERCIAL HAULERS OF SOLID WASTE *Referred to General Services, Health & Environment | Discussed: 7/31/2023* 8 Adams Ordinance 33.82.23 AN ORDINANCE AUTHORIZING THE SALE OF CITY-OWNED PARCELS AT 34 IRVING STREET (TAX MAP PARCEL NUMBER 76.40-2-10), 38 IRVING STREET (TAX MAP PARCEL NUMBER 76.40-2-9), AND 181 MYRTLE AVENUE (TAX MAP PARCEL NUMBER 76.40-2-37) TO CAPITAL ROOTS, INC. *Referred to Finance, Assessment and Taxation | Discussed: 9/18/2023* 9 Adams Ordinance 35.92.23 AN ORDINANCE AMENDING ARTICLE XIII (PARKING METERS) OF CHAPTER 359 (VEHICLES AND TRAFFIC) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO RENAMING COLUMBUS DAY TO INDIGENOUS PEOPLES DAY *Referred to Law, Buildings & Code Enforcement* (Revised 8/1/2024) Page 7 of 11 10 Romero Ordinance 38.101.23 AN ORDINANCE AMENDING ARTICLE XII (VEHICLE AND TRAFFIC CONTROLS) OF CHAPTER 359 (VEHICLES AND TRAFFIC) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO PEDESTRIAN SAFETY INFRASTRUCTURE *Referred to Law, Buildings & Code Enforcement | Discussed: 4/3/2024* 11 Anane *Under Consideration* Ordinance 3.21.24 AN ORDINANCE AMENDING CHAPTER 375 (UNIFIED SUSTAINABLE DEVELOPMENT ORDINANCE) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO SMOKE OR VAPE SHOPS ⠀⠀⠀⠀⠀⠀⠀⠀⠀⠀⠀⠀⠀⠀⠀ *Passed the Planning, Economic Development & Land Use Committee | Discussed: 6/17/2024* 12 Flynn Ordinance 4.21.24 AN ORDINANCE AMENDING ARTICLE I (REMOVAL OF GARBAGE) CHAPTER 313 (SOLID WASTE) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO THE FINE STRUCTURE FOR VIOLATIONS OF THE SAID ARTICLE *Referred to Law, Buildings & Code Enforcement* 13 Adams Ordinance 8.32.24 AN ORDINANCE AMENDING CHAPTER 359 (VEHICLES AND TRAFFIC) OF THE CODE OF THE CITY OF ALBANY ALLOWING MORE EMPLOYEE RESIDENTIAL PARKING PERMITS *Referred to Law, Buildings & Code Enforcement* 14 Balarin *Under Consideration* Ordinance 10.42.24 AN ORDINANCE AMENDING CHAPTER 375 (UNIFIED SUSTAINABLE DEVELOPMENT ORDINANCE) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO COMMERCIAL FOOD PREPARATION⠀⠀⠀⠀⠀ *Passed the Planning, Economic Development & Land Use Committee | Discussed: 6/10/2024* 15 Johnson Ordinance 11.51.24 AN ORDINANCE OF THE COMMON COUNCIL AUTHORIZING THE SALE OF 92 ALEXANDER STREET (TAX MAP PARCEL NUMBER 76.64-2-11) TO BENJAMIN MORTON *Referred to Finance, Assessment and Taxation* 16 Romero Ordinance 14.51.24 AN ORDINANCE AMENDING PART 10 (BOARD OF CONTRACT AND SUPPLY) OF CHAPTER 42 (DEPARTMENTS AND COMMISSIONS) OF THE CODE OF THE CITY OF ALBANY TO REQUIRE PROJECT LABOR AGREEMENTS IN THE CITY OF ALBANY FOR CERTAIN CONSTRUCTION PROJECTS *Referred to Law, Buildings & Code Enforcement* 17 Romero Ordinance 15.51.24 AN ORDINANCE AMENDING CHAPTER 62 (LABOR) OF PART I (ADMINISTRATIVE LEGISLATION) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO PROHIBITING UNJUST TERMINATIONS *Referred to Law, Buildings & Code Enforcement* 18 Flynn Ordinance 17.53.24 AN ORDINANCE REPEALING PART 3 (CABARETS) OF CHAPTER 111 (AMUSEMENTS) OF THE CODE OF THE CITY OF ALBANY *Referred to Planning, Economic Development & Land Use* (Revised 8/1/2024) Page 8 of 11 19 Farrell Ordinance 18.61.24 AN ORDINANCE AMENDING PART II OF THE CODE OF THE CITY OF ALBANY IN RELATION TO CREATING A PILOT PROGRAM FOR STREET PERFORMERS *Referred to Law, Buildings & Code Enforcement* 20 Keegan Ordinance 19.62.24 AN ORDINANCE AMENDING ARTICLE VIII (PUBLIC NUISANCE ABATEMENT) OF CHAPTER 255 (PEACE AND GOOD ORDER) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO CORRECTING DEFINITIONS TO MATCH STATE LAW *Referred to Law, Buildings & Code Enforcement* 21 Romero Ordinance 20.62.24 AN ORDINANCE AMENDING SECTION 357-74 (“ESTABLISHMENT OF A RESIDENTIAL PARKING PERMIT SYSTEM”) OF CHAPTER 359 (“VEHICLES AND TRAFFIC”) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO MODIFYING THE BOUNDARIES OF THE RESIDENTIAL PARKING PERMIT SYSTEM *Referred to Planning, Economic Development & Land Use* 22 Frederick Ordinance 21.71.24 AN ORDINANCE AMENDING ARTICLE II (TRAFFIC REGULATIONS) OF CHAPTER 359 (VEHICLES AND TRAFFIC) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO TRUCK PARKING RESTRICTIONS *Referred to Law, Buildings & Code Enforcement* 23 Keegan Ordinance 22.72.24 AN ORDINANCE AMENDING ARTICLE IX (PROHIBITION AGAINST CERTAIN FORMS OF AGGRESSIVE SOLICITATION) OF CHAPTER 255 (PEACE AND GOOD ORDER) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO EXPANDING THE DEFINITIONS OF AGGRESSIVE SOLICITATION *Referred to Public Safety* (Revised 8/1/2024) Page 9 of 11 Resolutions Introduced 1 Frederick Resolution 82.81.24R A RESOLUTION OF THE COMMON COUNCIL APPROVING A TRANSFER OF BUDGETED FUNDS AND A CHANGE IN THE AUTHORIZED POSITIONS INCLUDED IN THE 2024 CITY BUDGET, WHICH WILL AFFECT A SALARY RATE OR SALARY TOTAL *Referred to Finance, Assessment and Taxation* 2 Love *Under Consideration* Resolution 83.81.24R A RESOLUTION OF THE COMMON COUNCIL ENCOURAGING NEW YORK STATE TO ENACT A TAX HOLIDAY 3 Romero *Under Consideration* Resolution 84.81.24R A RESOLUTION OF THE COMMON COUNCIL AUTHORIZING THE ACCEPTANCE OF FUNDS FROM THE NEW YORK STATE OFFICE OF PARKS, RECREATION AND HISTORIC PRESERVATION FOR THE WASHINGTON PARK PLAYGROUND PROJECT 4 Balarin Resolution 85.81.24R A RESOLUTION OF THE COMMON COUNCIL REAPPOINTING KIRK DANIELS TO THE PUBLIC, EDUCATION AND GOVERNMENT ACCESS OVERSIGHT BOARD *Referred to PEG Ad Hoc* 5 Robinson Resolution 86.81.24R A RESOLUTION OF THE COMMON COUNCIL REAPPOINTING RICHARD CONTI AS A MEMBER OF THE COMMISSION ON HUMAN RIGHTS *Referred to Human Resources & Human Rights* (Revised 8/1/2024) Page 10 of 11 Resolutions Held 1 Hoey Resolution 14.21.22R A RESOLUTION OF THE COMMON COUNCIL EXPRESSING ITS DESIRE TO CREATE A BIKE/WALKING TRAIL ALONG THE NEW YORK STATE THRUWAY *Referred to Parks, Recreation & Family Services* 2 Clarke Resolution 9.21.23R A RESOLUTION OF THE COMMON COUNCIL HONORING THE LIFE OF BEVERLY BARDEQUEZ AND RENAMING A PORTION OF RAPP ROAD IN HER HONOR *Passed the General Services, Health & Environment Committee | Discussed: 2/15/2023* 3 Adams Resolution 95.92.23R A RESOLUTION OF THE COMMON COUNCIL DECLARING THE SECOND MONDAY IN OCTOBER OF EACH YEAR AS INDIGENOUS PEOPLES' DAY IN ALBANY *Referred to Law, Buildings & Code Enforcement* 4 Love Resolution 9.12.24R (MC) A RESOLUTION OF THE COMMON COUNCIL RECOGNIZING INCREASED VIOLENCE IN THE CITY OF ALBANY AND REAFFIRMING THE COUNCIL’S COMMITMENT TO A PERMANENT END TO VIOLENCE IN OUR COMMUNITIES *Referred to Public Safety | Discussed: 2/13/2024* 5 Keegan Resolution 54.53.24R A RESOLUTION OF THE COMMON COUNCIL ENCOURAGING OUR COMMUNITY TO SUPPORT THE EQUAL RIGHTS AMENDMENT 6 Robinson Resolution 77.72.24R A RESOLUTION OF THE COMMON COUNCIL HONORING THE LIFE AND LEGACY OF GAIL S. ELLIOT AND RENAMING A PORTION OF NORTHERN BOULEVARD IN HER HONOR *Referred to General Services, Health & Environment* (Revised 8/1/2024) Page 11 of 11 COMMON COUNCIL OF THE CITY OF ALBANY SUPPORT LEGISLATION AUGUST 5, 2024 LOCAL LAWS I of 2024 A LOCAL LAW AMENDING PART 36 (COMMISSION ON HUMAN RIGHTS) OF CHAPTER 42 (DEPARTMENTS AND COMMISSIONS) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO DESIGNATING AN END-OF-TERM DATE FOR COMMISSION MEMBERS ORDINANCES 23.81.24 AN ORDINANCE AMENDING CHAPTER 375 (UNIFIED SUSTAINABLE DEVELOPMENT ORDINANCE) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO ADDING SINGLE- , TWO-, AND THREE-UNIT DEATCHED DWELLINGS AS PERMITTED USES IN THE MU-CI ZONING DISTRICT 24.81.24 AN ORDINANCE AMENDING CHAPTER 359 (VEHICLES AND TRAFFIC) AND CHAPTER 251 (PARKS AND RECREATION) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO THE OPERATION OF ACTIVE TRANSPORTATION IN THE CITY OF ALBANY RESOLUTIONS 82.81.24R A RESOLUTION OF THE COMMON COUNCIL APPROVING A TRANSFER OF BUDGETED FUNDS AND A CHANGE IN THE AUTHORIZED POSITIONS INCLUDED IN THE 2024 CITY BUDGET, WHICH WILL AFFECT A SALARY RATE OR SALARY TOTAL 83.81.24R A RESOLUTION OF THE COMMON COUNCIL ENCOURAGING NEW YORK STATE TO ENACT A TAX HOLIDAY 84.81.24R A RESOLUTION OF THE COMMON COUNCIL AUTHORIZING THE ACCEPTANCE OF FUNDS FROM THE NEW YORK STATE OFFICE OF PARKS, RECREATION AND HISTORIC PRESERVATION FOR THE WASHINGTON PARK PLAYGROUND PROJECT 85.81.24R A RESOLUTION OF THE COMMON COUNCIL REAPPOINTING KIRK DANIELS TO THE PUBLIC, EDUCATION AND GOVERNMENT ACCESS OVERSIGHT BOARD 86.81.24R A RESOLUTION OF THE COMMON COUNCIL REAPPOINTING RICHARD CONTI AS A MEMBER OF THE COMMISSION ON HUMAN RIGHTS Council Member Robinson, on behalf of the Committee on Human Resources and Human Rights, introduced the following: LOCAL LAW I OF 2024 A LOCAL LAW AMENDING PART 36 (COMMISSION ON HUMAN RIGHTS) OF CHAPTER 42 (DEPARTMENTS AND COMMISSIONS) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO DESIGNATING AN END-OF-TERM DATE FOR COMMISSION MEMBERS Be it enacted, by the Common Council of the City of Albany, as follows: Section 1. Section 42-362 (Establishment; Appointment of Members) of Article XLVII (General Provisions) of Part 36 (Commission on Human Rights) of Chapter 42 (Departments and Commissions) of Part I (Administrative Legislation) of the Code of the City of Albany is hereby amended to read as follows: § 42-362 Establishment; Appointment of Members A. There is hereby established a Commission on Human Rights comprised of nine members, five of whom shall be appointed by the Mayor and four of whom shall be appointed by the Common Council B. Members shall be appointed for three-year terms; provided, however, that: 1. Of members initially appointed by the Mayor, one shall be for a term of one year, two shall be for a term of two years, and two shall be for a term of three years. 2. Of members initially appointed by the Common Council, one shall be for a term of one year, one shall be for a term of two years, and two shall be for a term of three years. C. No member of the Commission shall serve for a period which exceeds two consecutive three-year terms; provided, however, that a member may be considered for reappointment to the Commission after one year of non-membership; and provided, further, that appointment to fill a vacancy in an unexpired term shall not apply to the limitations in terms of service otherwise applicable under this subsection. D. Members shall continue to serve on the Commission until their successors have been appointed. E. Annually, from among its membership, the Commission shall elect a Chair and such other Matter in strikethrough to be deleted. Matter underlined is new material. officers as determined. F. Five members of the Commission shall constitute a quorum. Five votes shall be required for any action. G. The Commission shall develop such rules and bylaws as necessary for the transaction of business and the conduct of meetings. H. The term-end date for members of the Commission shall be the 31st day of December for each year the membership term is set to expire. Section 2. Notwithstanding any inconsistent provision of Part 36 (Commission on Human Rights) of Chapter 42 (Departments and Commissions) of the Code of the City of Albany, in order to effectuate the provisions of subsection H of section 42-362 of such Code as added by section one of this local law, the term-end date for sitting members of the Commission on Human Rights as of the effective date of this local law shall be extended to the 31st day of December of the year in which their term would otherwise expire. The Commissioner of Administrative Services, in consultation with the City Clerk, shall compile a revised roster of commission members with updated term expiration dates pursuant to this local law. Section 3. This Local Law shall take effect upon final passage, public hearing, and filing with the Secretary of the State of New York. APPROVED AS TO FORM THIS 25TH DAY OF JULY, 2024 ________________________________ Corporation Counsel Matter in strikethrough to be deleted. Matter underlined is new material. To: Shaniqua Jackson, City Clerk From: Brett Williams, Senior Assistant Corporation Counsel Re: Common Council Legislation Supporting Memorandum Date: July 25, 2024 Sponsor: Robinson, on behalf of the Committee on Human Resources and Human Rights Local Law I of 2024 TITLE A LOCAL LAW AMENDING PART 36 (COMMISSION ON HUMAN RIGHTS) OF CHAPTER 42 (DEPARTMENTS AND COMMISSIONS) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO DESIGNATING AN END-OF-TERM DATE FOR COMMISSION MEMBERS GENERAL PURPOSE OF LEGISLATION This local law will set a uniform date of December 31 on which all Commission on Human Rights (“CHR”) terms will terminate, as opposed to the current situation, in which terms end three years from whatever day the particular member was appointed. NECESSITY FOR LEGISLATION AND ANY CHANGE TO EXISTING LAW Currently, various terms of membership on the CHR terminate on different days in May, August, September, and October. In order to avoid the confusion that can arise from this situation make appointments and reappointments easier and more consistent, this local law will set all CHR terms to expire on December 31 of the year in which the term is set to expire. In order to effectuate this new structure, Section 2 of this local law (which will not, itself, be codified in the City Code) specifies that the terms of all sitting members of the CHR will be extended to December 31 of whatever year their terms are set to expire. FISCAL IMPACT None. Council Member Balarin, on behalf of the Committee on Planning, Economic Development and Land Use, introduced the following: ORDINANCE 23.81.24 AN ORDINANCE AMENDING CHAPTER 375 (UNIFIED SUSTAINABLE DEVELOPMENT ORDINANCE) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO ADDING SINGLE-, TWO-, AND THREE-UNIT DEATCHED DWELLINGS AS PERMITTED USES IN THE MU-CI ZONING DISTRICT The City of Albany, in Common Council convened, does hereby ordain and enact: Section 1. Section 375-302 (Permitted Use Table) of Article III (Use Regulations) of Chapter 375 (Unified Sustainable Development Ordinance) of Part II (General Legislation) of the Code of the City of Albany is amended to read as follows: Table 375.302.1 Permitted Use Table P=Permitted Use | C=Conditional Use | A=Accessory Use | T=Temporary Use Use-Specific Special Residential Mixed-Use Standard in Article Purpose III Zoning District MU-FW MU-FM MU-NC MU-CU MU-CH MU-NE MU-FC MU-DT MU-FS MU-CI R-1M R-1L R-M R-V R-T R-2 LC I-1 I-2 LAND USE CATEGORY RESIDENTIAL USES Household Living Dwelling, single-unit P P P P[12] P P P P P § 375-303(2)(a)(i) detached Dwelling, two- P C[2] P P[12] P P P P P § 375-303(2)(a)(ii) unit detached Dwelling, three- P P P P[12] P P P P P § 375-303(2)(a)(iii) unit detached Dwelling, C[2] C P[12] P P P P P P P P P P P P § 375-303(2)(a)(iv) townhouse Dwelling, live- C[2] C[2] C[2] C C P P P P P P P P P P P P § 375-303(2)(a)(v) work Dwelling, multi- C[2] C[2][3] C[2][3] P P P P P P P P P P P C § 375-303(2)(a)(vi) unit Rooming house C C C C C C C § 375-303(2)(a)(vii) Section 2. This ordinance shall take effect immediately. Matter in strikethrough to be deleted. Matter underlined is new material. APPROVED AS TO FORM THIS 25TH DAY OF JULY, 2024 ________________________________ Corporation Counsel Matter in strikethrough to be deleted. Matter underlined is new material. To: Shaniqua Jackson, City Clerk From: Brett Williams, Senior Assistant Corporation Counsel Re: Common Council Legislation Supporting Memorandum Date: July 25, 2024 Sponsor: Balarin, on behalf of the Committee on Planning, Economic Development and Land Use ORDINANCE 23.81.24 TITLE AN ORDINANCE AMENDING CHAPTER 375 (UNIFIED SUSTAINABLE DEVELOPMENT ORDINANCE) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO ADDING SINGLE-, TWO-, AND THREE-UNIT DETACHED DWELLINGS AS PERMITTED USES IN THE MU-CI ZONING DISTRICT GENERAL PURPOSE OF LEGISLATION The USDO currently does not allow single-, two- and three-unit detached dwellings as a permitted use in the MU-CI (Mixed-Use Campus/Institutional) zoning district. This legislation will add these uses to those already permitted within the district, allowing buildings previously constructed as single-, two- and three-unit detached dwellings to be re-occupied as such or new such uses to be constructed, as appropriate. NECESSITY FOR LEGISLATION AND CHANGE TO EXISITING LAW Upon review of potential reuse allowances for the former College of Saint Rose property, zoned MU-CI, it was identified that certain desirable land uses were not permitted. The college property contains numerous buildings that were originally constructed as single-, two- or three-unit dwellings. In order for these dwellings to be marketed and re-occupied for these purposes, the properties in question will need to be rezoned or the uses added to the permitted use allowances for the MU-CI zoning district. The latter approach is the more prudent approach that allows the most flexible reuse of the former college-owned properties. FISCAL IMPACT None. Council Members Farrell and Zamer introduced the following: ORDINANCE 24.81.24 AN ORDINANCE AMENDING CHAPTER 359 (VEHICLES AND TRAFFIC) AND CHAPTER 251 (PARKS AND RECREATION) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO THE OPERATION OF ACTIVE TRANSPORTATION IN THE CITY OF ALBANY The City of Albany, in Common Council convened, does hereby ordain and enact: Section 1. Article I (Bicycles and Motor Vehicles) of Chapter 359 (Vehicles and Traffic) of Part II (General Legislation) of the Code of the City of Albany is hereby amended to read as follows: Article I Bicycles and All Motor Vehicles § 359-1 Definitions All persons riding or propelling with the feet a bicycle, tricycle, velocipede or other vehicle of propulsion on the public streets or avenues or in the parks of this City shall attach to and carry on such vehicle an alarm bell, which said bell the persons shall ring or sound on approaching and within 30 feet of the intersection of any street or avenue proposed to be crossed. For purposes of this Article, the following terms shall have the following meanings: Bicycle A two or three wheeled device upon which a person or persons may ride, propelled by human power through a belt, a chain or gears, with such wheels in a tandem or tricycle, except that it shall not include such a device having solid tires and intended for use only on a sidewalk by pre-teenage children. Bicycles with Electric Assist are not bicycles for purposes of this Chapter. Bicycle with Electric Assist A bicycle which is no more than thirty-six inches wide and has an electric motor of less than seven hundred fifty watts, equipped with operable pedals, meeting the equipment and manufacturing requirements for bicycles adopted by the Consumer Product Safety Commission under 16 C.F.R. Part 1512.1 et seq. and meeting the requirements of one of the following three classes: A. Class one bicycle with electric assist. A bicycle with electric assist having an electric motor that provides assistance only when the person operating such bicycle is pedaling, and that ceases to provide assistance when such bicycle reaches a speed of twenty miles per hour. B. Class two bicycle with electric assist. A bicycle with electric assist having an electric motor that may be used exclusively to propel such bicycle, and that is not capable of providing assistance when such bicycle reaches a speed of twenty miles per hour. C. Class three bicycle with electric assist. Solely within a city having a population of one million or more, a bicycle with electric assist having an electric motor that may be used exclusively to propel such bicycle, and that is not capable of providing assistance when such bicycle reaches a speed of twenty-five miles per hour. Electric Scooter A device weighing less than one hundred pounds that (a) has handlebars, a floorboard or a seat that can be stood or sat upon by the operator, and an electric motor, (b) can be powered by the electric motor and/or human power, and (c) has a maximum speed of no more than twenty miles per hour on a paved level surface when powered solely by the electric motor. Other Human Propelled Device Any human powered device not included in the definitions of “Bicycle” or “Pedestrian” herein, including, but not limited to, skateboards, roller skates, unicycles, and similar devices. Pedestrian Any individual walking or traveling in a wheelchair or other mobility aid used to provide transportation for a disabled person. Unregistered Motorized Device Any vehicle that cannot be registered or operated on New York State sidewalks, streets or highways. This definition does not include bicycles, electric scooters, or bicycles with electric assist as defined in this Chapter, and it does not include wheelchairs and other mobility aids used to provide transportation for a disabled person. § 359-2 Speed limit for bicycles. Public Roadways No person using a bicycle, tricycle, velocipede or other vehicle of propulsion on the public streets or avenues or parks of this City shall propel such vehicle at a rate of speed greater than eight miles an hour, and all such persons shall observe the law of the road. Bicycles, Electric Scooters, Bicycles with electric assist, and other Human Powered Devices may be operated upon the public roadways of this City consistent with New York State Vehicle Traffic Law Article 34. § 359-3 Number abreast limited. All Terrain Vehicles No greater number of persons than two abreast shall parade or ride in the streets or avenues or parks of this City at any time on such bicycles, tricycles, velocipedes or other vehicles of propulsion. Nothing herein shall permit the use of All Terrain Vehicles, as defined in chapter 357 of the Code of the City of Albany, to operate on the streets, sidewalks, paths, or public property of the City of Albany. § 359-4 Riding on sidewalks prohibited; exceptions. No person shall ride any bicycle, tricycle, velocipede or other vehicle of propulsion on or over any footpath in any of the parks, or on or over any of the sidewalks of any of the streets or avenues in this City, except if it is to go into a yard, lot or building; provided, however, that the foregoing provision of this section shall not apply to children under 10 years of age; and provided further that this section shall not be so construed as to prohibit the riding of any bicycle, tricycle or similar vehicle upon or over the unpaved portion of the sidewalk of any such street or streets outside of the thickly settled part of the City as shall be designated in writing by the Mayor. Every designation so made as aforesaid shall be filed with the Chief of Police and may be revoked by the Mayor at any time in his discretion. A. Bicycles and other human propelled devices as defined in this Article are permitted to operate on the sidewalk in the City of Albany so long as they do not exceed five (5) mph and maintain a distance of at least five (5) feet from any pedestrian. B. Electric scooters and bicycles with electric assist may not be operated on any sidewalk in the City of Albany § 359-5 Operation of motor vehicles generally. A. It is required that all motor vehicles operated within the City of Albany be in good and safe operating condition, and each shall be operated only: 1. While having a valid New York State Certificate of Inspection affixed on the vehicle in the proper location. 2. While in full compliance with Article 9 of the Vehicle and Traffic Law of the State of New York, as amended, which article is fully incorporated herein by reference. 3. While in full compliance with Article 10 of the Vehicle and Traffic Law of the State of New York, as amended, which article is fully incorporated herein by reference. 4. While in full compliance with Article 2 of the Transportation Law of the State of New York, as amended, which article is fully incorporated herein by reference. 5. While in full compliance with Article 6 of the Transportation Law of the State of New York, as amended, which article is fully incorporated herein by reference. 6. While in full compliance with Article 21 of the Tax Law of the State of New York, as amended, which article is fully incorporated herein by reference. 7. While in full compliance with Article 49 of the Code of Federal Regulations, as amended, which article is fully incorporated herein by reference. 8. While registered in accordance with Article 14 of the Vehicle and Traffic Law of the State of New York, as amended, which article is fully incorporated herein by reference. B. No motor vehicle may operated within the City of Albany if that vehicle has been determined to be in an unsafe condition by a certified New York State inspector or by a person certified by the State of New York to conduct such inspections. C. No motor vehicle may operate within the City of Albany if it has been determined that the vehicle should be put out of service by a New York State Department of Transportation inspector. § 359-6 Driver restrictions. No person shall operate or drive a motor vehicle nor permit another person to operate or drive a motor vehicle unless the person driving or operating the motor vehicle is duly and properly licensed with a license for the class of vehicle being operated which is in full force and effect and valid pursuant to Articles 19 and 20 of the Vehicle and Traffic Law of the State of New York, as amended, which articles are fully incorporated herein by reference. § 359-7 Motorized scooters. A. Definition of "motorized scooter." For purposes of this section, the term "motorized scooter" shall mean any wheeled device that is designed to be stood or sat upon by the operator, is powered by an electric motor or by a gasoline motor that is capable of propelling the device without human power, is less than 24 inches in height and is not capable of being registered with the New York State Department of Motor Vehicles. For the purposes of this section, the term "motorized scooter" shall not include wheelchairs or other mobility aids designed for use by disabled persons, electric- or gas-powered devices not capable of exceeding 15 miles per hour or "electric personal assistive mobility devices" defined as self-balancing, two-non-tandem-wheeled devices designed to transport one person by means of an electric propulsion system. B. No person shall operate a motorized scooter unregistered motorized device on public streets or roadways in the City of Albany pursuant to the New York State Vehicle and Traffic Law. CB. Any person who violates Subsection B of this section may be liable for a civil penalty in the amount of no more than $1,000. Authorized employees of the Police Department shall have the authority to enforce the provisions of this section. In addition, such violation shall be a traffic infraction and shall be punishable in accordance with § 1800 of the New York State Vehicle and Traffic Law. DC. Any motorized scooter unregistered motorized device that has been used or is being used in violation of the provisions of this section may be impounded and shall not be released until any and all removal charges and storage fees and the applicable fines have been paid or a bond has been posted in an amount satisfactory to the Chief of Police. ED. No person shall sell, lease or rent an motorized scooter unregistered motorized device to another person in the City of Albany without informing such buyer, leaser or renter, in writing, that the motorized scooters unregistered motorized device as defined in this section chapter are illegal to be driven on public streets or roadways pursuant to the New York State Vehicle and Traffic Law. Further, anyone selling, leasing or renting motorized scooters unregistered motorized device shall, at his or her place of business, post a sign not less than 8 1/2 inches by 14 inches stating their illegal use on public streets and roadways pursuant to the New York State Vehicle and Traffic Law. FE. Any person who violates Subsection D of this section may be liable for a civil penalty of no more than $1,000 for each violation. Each sale, lease or rental of a motorized scooter in violation of Subsection D shall be deemed a separate violation. Authorized employees of the Department, the Police Department, and of any other agency designated by the Mayor shall have the authority to enforce the provisions of this section. Section 2. Section 359-24 (Vehicle Use on Areas Designated for Bicycles) of Article II (Regulations) of Chapter 359 (Vehicles and Traffic) of Part II (General Legislation) of the Code of the City of Albany is hereby amended to read as follows: § 359-24 Motor Vvehicle use on areas designated for bicycles. Except as provided in § 359-23 above and § 25.05 of the Parks and Recreation Law, no motor vehicle shall be operated on a path, lane, shoulder or portion of a slope that has been designated for the use of bicycles. Section 3. Section 359-112 (Drivers to exercise due care) of Article XII (Vehicle and Traffic Controls) of Chapter 359 (Vehicles and Traffic) of Part II (General Legislation) of the Code of the City of Albany is hereby amended to read as follows: § 359-112 Drivers to exercise due care. A. Notwithstanding the provisions of any other law to the contrary, every driver of a vehicle shall exercise due care to avoid colliding with any bicyclist bicycle, electric scooter, bicycle with electric assist, other human powered vehicle, pedestrian or domestic animal upon any roadway and shall give warning by sounding the horn when necessary. For the purpose of this section, the term "domestic animal" shall mean domesticated sheep, cattle and goats which are under the supervision and control of a pedestrian. B. Approaching h Horses. (1) Notwithstanding the provisions of any other law to the contrary, eEvery driver of a vehicle shall exercise due care to avoid colliding with any horse being ridden or led along a public highway. (2) Every driver of a vehicle shall, at a reasonable and prudent speed, approach a horse being ridden or led along a public highway so as to avoid frightening such horse and shall pass the horse at a reasonable distance. (3) No driver of a vehicle shall sound the horn when approaching or passing any bicycle, electric scooter, bicycle with electric assist, other human powered vehicle, pedestrian, or domestic animal being ridden or led horse on a public highway. Section 3. Section 251-7 (Use of bicycles, tricycles, and vehicles in Washington Park and Beaver Park) of Article I (Public Grounds Designated as Parks; Government and Care of Parks and Parkways) of Chapter 251 (Parks and Recreation) of Part II (General Legislation) of the Code of the City of Albany is hereby amended to read as follows: § 251-7 Use of bicycles, tricycles and vVehicles in Washington Park and Beaver City Parks. A. No animals, bicycles, tricycles or motors or vehicles shall be permitted to either stand, congregate or loiter upon the driveways of these parks or in any other parts thereof to the obstruction of the way or to the inconvenience of or interference with travel therein, except on such occasions as may be specially designated by the Superintendent Commissioner of Parks and Recreation. B. Neither shall bicycles, tricycles, motors or vehicles go together in numbers or abreast, except in pairs, to the inconvenience, obstruction or interference with the driving public. C. No part of such Washington or Lincoln parks shall be used for a place of instruction in the use or management of any vehicle. including bicycles, tricycles and motors, and drivers or wheelmen must turn to the right hand in passing, and in all cases bicycles, tricycles and motors must carry lighted lamps after dark. D. No vehicle drawn by horses, or propelled in any other way, including bicycles, tricycles and motors, shall travel or use the park roads at a greater rate of speed than eight miles an hour, and on short curves four miles an hour. E. The use of bicycles, tricycles or vehicles of any kind is not permitted on the paths or walks of these parks. FD. The Commissioner of Parks and Recreation shall regulate the parking of motor vehicles within and upon the roadways of Washington Park in connection with special events and theatrical events held therein and may establish and collect fees to offset the expense thereof. E. The Commissioner of Parks and Recreation shall, in coordination with the Active Transportation Planning Commission, designate times and days where park traffic is expected to be low to permit instruction in the use of non-motor vehicles in Washington and Lincoln Parks. Section 4. This ordinance shall take effect 30 days after enactment. APPROVED AS TO FORM THIS 26TH DAY OF JULY, 2024 _____________________________ Corporation Counsel To: Shaniqua Jackson, City Clerk From: Jake Eisland, Research Counsel Re: Common Council Legislation Supporting Memorandum Date: May 23, 2024 Sponsor: Council Members Farrell and Zamer ORDINANCE 24.81.24 TITLE AN ORDINANCE AMENDING CHAPTER 359 (VEHICLES AND TRAFFIC) AND CHAPTER 251 (PARKS AND RECREATION) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO THE OPERATION OF ACTIVE TRANSPORTATION IN THE CITY OF ALBANY GENERAL PURPOSE OF LEGISLATION To improve the safety and easy of using Active Transportation on the streets and in the parks of the City of Albany. NECESSITY FOR LEGISLATION AND ANY CHANGE TO EXISTING LAW Albany’s Code pertaining to vehicles is old and outdated, offering more deference for horses than pedestrians or users of Active Transportation. This legislation adopts state definitions for various types of vehicles and ensures certain laws only apply to motor vehicles, Furthermore, bicycles and other human propelled devices are safest when they are in a protected lane separated from motor vehicles. The National Highway Transportation Safety Administration suggests minimizing sidewalk riding in order to be visible and predictable to drivers. However, when there is no protected lane, as is too often the case, the sidewalk can be the safest choice when traffic volume or speed is high. Nonetheless, pedestrians always have the right of way on sidewalks and bicycles, and other human propelled devices on the sidewalk are safest when they maintain speeds similar to pedestrians. FISCAL IMPACT TBD Council Member Frederick, on behalf of the Committee on Finance, Assessment, and Taxation, introduced the following: RESOLUTION 82.81.24R A RESOLUTION OF THE COMMON COUNCIL APPROVING A TRANSFER OF BUDGETED FUNDS AND A CHANGE IN THE AUTHORIZED POSITIONS INCLUDED IN THE 2024 CITY BUDGET, WHICH WILL AFFECT A SALARY RATE OR SALARY TOTAL WHEREAS, section 604 (D)(b) of the Charter of the City of Albany dictates that any transfer of budgeted funds that affects a salary rate or salary total, occurring after the adoption of the annual budget, requires the approval of the Common Council; and WHEREAS, the New York State Public Employment Relations Board has ordered the City to create two (2) Equipment Operator III positions pursuant to the provisions of Section 6.3.4 of the collective bargaining agreement between the City and the Albany Blue Collar Workers Union (AFSCME); and WHEREAS, the Department of General Services has requested such change in its authorized positons included in the 2024 City Budget; and WHEREAS, in furtherance of these requests, the Budget Director has requested that the amendments reflected in the subsequent chart to the authorized positions of the Department General Services be made; Action Title Budget Line Grade Range Create Equipment Operator III A.1492.Positions B.9 56,930 Create Equipment Operator III A.1492.Positions B.9 56,930 Delete Equipment Operator II A.1492.Positions B.7 48,942 Delete Equipment Operator II A.1492.Positions B.7 48,942 NOW, THEREFORE, BE IT RESOLVED, that the Common Council of the City of Albany consents to the above-described transfer of budgeted funds affecting a salary rate or salary total in order to effectuate the change in the Department of General Services staffing for 2024. To: Shaniqua Jackson, City Clerk From: Brett Williams, Esq., Senior Assistant Corporation Counsel Re: Common Council Legislation Supporting Memorandum Date: July 18, 2024 Sponsor: Council Member Frederick on behalf of the Finance Committee RESOLUTION 82.81.24R TITLE A RESOLUTION OF THE COMMON COUNCIL APPROVING A TRANSFER OF BUDGETED FUNDS AND A CHANGE IN THE AUTHORIZED POSITIONS INCLUDED IN THE 2024 CITY BUDGET, WHICH WILL AFFECT A SALARY RATE OR SALARY TOTAL GENERAL PURPOSE OF LEGISLATION The purpose of the legislation is to make changes required in order to effectuate a change in the staffing of the Department of General Services to comply with an order of the NYS Public Employment Relations Board. NECESSITY FOR LEGISLATION AND ANY CHANGE TO EXISTING LAW Pursuant to section 604 (D)(b) of the City Charter “any transfer of budgeted funds that affects any salary rate or salary total” requires the approval of the Common Council. FISCAL IMPACT None. Sufficient salary appropriations for these staffing changes were included in the 2024 Adopted Budget. Council Member Love introduced the following: RESOLUTION 83.81.24R A RESOLUTION OF THE COMMON COUNCIL ENCOURAGING NEW YORK STATE TO ENACT A TAX HOLIDAY WHEREAS, a tax holiday that temporarily suspends sales tax can be a valuable tool to stimulate the economy in Albany, as well as across the Capital Region and New York State; and WHEREAS, New York State sparked the modern trend, holding tax holidays for several years between 1997 to 2006; and WHEREAS, in 2006, New York State passed a year-round exemption of the statewide 4% sales tax for clothes and footwear sold for less than $110, giving the option for counties to opt-in to exempt these items from their portion of the sales tax; and WHEREAS, a 2017 study by the Federal Reserve showed that tax holidays during periods when consumers shop for necessities (such as back-to-school and emergency preparation) is especially beneficial to low-income households; and WHEREAS, in 2024, nineteen states are holding a tax holiday, many during the back-to- school season in order to lessen the financial burden on families; and WHEREAS, the small businesses that are the cornerstone of Albany neighborhoods, employing Albany’s residents and beautifying commercial corridors, are still reeling from the economic impact of the COVID-19 pandemic; and WHEREAS, consumers have been faced with inflation exceeding expectations in the years since the start of the COVID-19 pandemic and any sales tax rate contributes to the increased cost of goods; and WHEREAS, the Urban-Brookings Tax Policy Center has found that tax holidays can be an effective strategy to make states more competitive and encourage consumers to make purchases during specific times, such as for the purposes of weather emergency preparation; and WHEREAS, support has been shown in the New York State Legislature for a tax holiday; Senate Bill S4744A was introduced in the 2023-2024 Legislative Session which would specifically exempt school supplies from sales tax during a consecutive 15-day period, ending on Labor Day; and NOW, THEREFORE, BE IT RESOLVED, that the Albany Common Council urges the New York State Legislature to adopt a tax holiday in order to stimulate the local economy, provide relief to consumers, and encourage Albany residents to patronize small businesses. To: Shaniqua Jackson, City Clerk From: Juliette Geraghty, Junior Legislative Aide Re: Common Council Legislation Supporting Memorandum Date: July 22, 2024 Sponsor: Council Member Love RESOLUTION 83.81.24R TITLE A RESOLUTION OF THE COMMON COUNCIL ENCOURAGING NEW YORK STATE TO ENACT A TAX HOLIDAY GENERAL PURPOSE OF LEGISLATION This resolution urging New York State to adopt a tax-free holiday. NECESSITY FOR LEGISLATION AND ANY CHANGE TO EXISTING LAW N/A FISCAL IMPACT May lead to a reduction in Sales and Use Tax receipts if New York State implements a tax holiday. Council Member Romero introduced the following: RESOLUTION 84.81.24R A RESOLUTION OF THE COMMON COUNCIL AUTHORIZING THE ACCEPTANCE OF FUNDS FROM THE NEW YORK STATE OFFICE OF PARKS, RECREATION AND HISTORIC PRESERVATION FOR THE WASHINGTON PARK PLAYGROUND PROJECT WHEREAS, Resolution 79.72.23R, passed by this Council on July 17, 2023, authorized the City of Albany to apply for financial assistance from the New York State Office of Parks, Recreation and Historic Preservation (“OPRHP”) for funding from the Environmental Protection Fund for the purpose of funding the renovations, upgrades, and improvements to the Washington Park Playground and WHEREAS, the City of Albany did subsequently apply for the said financial assistance; NOW, THEREFORE, BE IT RESOLVED, that the City of Albany is authorized and directed to accept these grant funds for the project described in the grant application; and BE IT FURTHER RESOLVED, that the City of Albany is authorized and directed to agree to the terms and conditions of the State of New York Contract for Grants (“Contract”) with OPRHP for such Washington Park Playground Project; and BE IT FURTHER RESOLVED, that the City of Albany is authorized and directed to agree to the terms and conditions of any required deed of easement granted to OPRHP that affects title to real property owned by the municipality and improved by the grant funds, which may be a duly recorded public access covenant, conservation easement, and/or preservation covenant; and BE IT FURTHER RESOLVED, that the Common Council of the City of Albany delegates signing authority to execute the Contract and any amendments thereto, and any required deed of easement, and any other certifications to the individual who holds the office of Mayor of the City of Albany. To: Shaniqua Jackson, City Clerk From: Brett Williams, Senior Assistant Corporation Counsel Re: Common Council Legislation Supporting Memorandum Date: July 26, 2024 RESOLUTION 84.81.24R TITLE A RESOLUTION OF THE COMMON COUNCIL AUTHORIZING THE ACCEPTANCE OF FUNDS FROM THE NEW YORK STATE OFFICE OF PARKS, RECREATION AND HISTORIC PRESERVATION FOR THE WASHINGTON PARK PLAYGROUND PROJECT GENERAL PURPOSE OF LEGISLATION The Council recently, by Resolution 79.72.23R, authorized the City to apply for grant funding for the Washington Park Playground Project through the New York State Office of Parks, Recreation and Historic Preservation’s Environmental Protection Fund. This resolution, required by OPRHP will authorize the City to accept such funds, in the amount of $262,500, authorizes the City to enter into a Contract for Grants with OPRHP, states that the City will grant OPRHP any necessary easements or covenants associated with the project, and designates the Mayor to sign the Contract and any easement or covenant documents. NECESSITY FOR LEGISLATION AND ANY CHANGE TO EXISTING LAW OPRHP requires the Common Council to execute this resolution, which is essentially a form resolution provided by OPRHP, before it will disburse the grant funds to the City. FISCAL IMPACT The City will be able to accept grant funding. Council Member Balarin, on behalf of the Ad-Hoc Committee on PEG Access, introduced the following: RESOLUTION 85.81.24R A RESOLUTION OF THE COMMON COUNCIL REAPPOINTING KIRK DANIELS TO THE PUBLIC, EDUCATION AND GOVERNMENT ACCESS OVERSIGHT BOARD WHEREAS, the Common Council of the City of Albany has the authority, pursuant to section 42-376 of the Code of the City of Albany, to appoint members of the Public, Education, and Government Access Oversight Board; and WHEREAS, the term of such Board members shall be for three years; NOW, THEREFORE, BE IT RESOLVED, that the Common Council of the City of Albany hereby reappoints Kirk Daniels to the PEGAOB for a term ending July 1, 2027. To: Shaniqua Jackson, City Clerk From: Bryan Jimenez, Senior Legislative Aide Re: Request for Common Council Legislation Supporting Memorandum Date: July 23, 2024 Sponsor: Council Member Balarin, on behalf of the Ad-Hoc Committee on PEG Access RESOLUTION 85.81.24R TITLE A RESOLUTION OF THE COMMON COUNCIL REAPPOINTING KIRK DANIELS TO THE PUBLIC, EDUCATION, AND GOVERNMENT ACCESS OVERSIGHT BOARD GENERAL PURPOSE OF LEGISLATION To reappoint Kirk Daniels to the Public, Education, and Government Access Oversight Board (PEG Access). NECESSITY FOR LEGISLATION AND ANY CHANGE TO EXISTING LAW Mr. Daniels' term ended on July 1, 2024. He has expressed interest in re-appointment to the board for another 3 year term. This resolution is necessary to re-appoint Mr. Daniels. FISCAL IMPACT(S) None. Council Member Robinson, on the behalf of Human Resources and Human Rights Committee, introduced the following: Resolution Number 86.81.24R A RESOLUTION OF THE COMMON COUNCIL REAPPOINTING RICHARD CONTI AS A MEMBER OF THE COMMISSION ON HUMAN RIGHTS WHEREAS, the Common Council of the City of Albany has the authority, pursuant to the Section 42-362 of Chapter 42 of the Code of the City of Albany, to appoint members of the Commission on Human Rights; and WHEREAS, the term of such Commission members shall be for three years and shall only serve two full consecutive terms; and WHEREAS, Richard Conti was appointed to serve for the remainder of a vacancy and is permitted to serve for two three-year terms; NOW, THEREFORE, BE IT RESOLVED, that Richard Conti is hereby reappointed as a member of the Commission on Human Rights for a term expiring August 21, 2027. To: Shaniqua Jackson, City Clerk From: Bryan Jimenez, Senior Legislative Aide Re: Request for Common Council Legislation Supporting Memorandum Date: July 23, 2024 Sponsor: Council Member Robinson, on behalf of the Human Resources and Human Rights Committee RESOLUTION 86.81.24R TITLE A RESOLUTION OF THE COMMON COUNCIL REAPPOINTING RICHARD CONTI AS A MEMBER OF THE COMMISSION ON HUMAN RIGHTS GENERAL PURPOSE OF LEGISLATION To reappoint Richard Conti to the Commission on Human Rights. NECESSITY FOR LEGISLATION AND ANY CHANGE TO EXISTING LAW Conti's term will end on August 21, 2024. They have expressed interest in re-appointment to the board for a 3 year term. This resolution is necessary to re-appoint Conti. FISCAL IMPACT(S) None. COMMON COUNCIL OF THE CITY OF ALBANY ACTIVE LEGISLATION PREVIOUSLY INTRODUCED LEGISLATION NOW UNDER CONSIDERATION AUGUST 5, 2024 LOCAL LAWS D OF 2024 (AA 7/15) A LOCAL LAW AMENDING ARTICLE XLIV (GENERAL PROVISIONS) OF PART 33 (COMMUNITY POLICE REVIEW BOARD) OF CHAPTER 42 (DEPARTMENTS AND COMMISSIONS) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO TRANSITIONING THE COMMUNITY POLICE REVIEW BOARD INTO THE CITY OF ALBANY ORDINANCES 3.21.24 AN ORDINANCE AMENDING CHAPTER 375 (UNIFIED SUSTAINABLE DEVELOPMENT ORDINANCE) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO SMOKE OR VAPE SHOPS 10.42.24 AN ORDINANCE AMENDING CHAPTER 375 (UNIFIED SUSTAINABLE DEVELOPMENT ORDINANCE) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO COMMERCIAL FOOD PREPARATION Council Member Robinson, Hoey, and Romero introduced the following: LOCAL LAW D OF 2024 (As Amended 07/15/2024) A LOCAL LAW AMENDING ARTICLE XLIV (GENERAL PROVISIONS) OF PART 33 (COMMUNITY POLICE REVIEW BOARD) OF CHAPTER 42 (DEPARTMENTS AND COMMISSIONS) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO TRANSITIONING THE COMMUNITY POLICE REVIEW BOARD INTO THE CITY OF ALBANY Be it enacted by the Common Council of the City of Albany as follows: Section 1. Article XLIV (General Provisions) of Part 33 (Community Police Review Board) of Chapter 42 (Departments and Commissions) of Part I (Administrative Legislation) of the Code of the City of Albany is hereby amended to read as follows: § 42-332 Legislative findings; purpose. A. The Common Council hereby finds and declares that abuse of authority, incivility, rudeness, prejudice or discrimination based upon race, gender, color, national origin, economic status, religion, age, sexual orientation, marital or domestic partner status, or mental or physical ability has no place in the actions, customs, practices, policies or procedures of the City of Albany Police Department. B. The Common Council further finds and declares that it is in the public interest of the City of Albany to have an independent mechanism to fairly review the conduct of law enforcement officials. C. The Common Council further finds and declares that the conduct of law enforcement officials is subject to public, departmental and executive scrutiny and accountability. D. The Common Council further finds and declares that an effective program to improve the relationship between the community and the Albany Police Department requires certain independent authority and power to review the handling of complaints of police misconduct. E. The purpose of this Part 33 is to create an independent review body with respect to complaints of misconduct by officers of the Albany Police Department. The remedies created by this Part 33 are in addition to any others provided by common law or statute. Its goals are to improve communication between the Police Department and the community, to increase police accountability and credibility with the public and to create a complaint review process that is free from bias and informed of actual police practices. F. The Common Council recognizes that, since November 1, 2000, the CPRB has operated under a model in which it has solely contracted with outside entities in performance of its statutorily mandated powers and duties bestowed by this chapter. Material in strikethrough to be deleted. New material is underlined. G. It has become necessary, for practical, budgetary, and good governance reasons to ensure that the CPRB and its members are incorporated into the formal structure of the City of Albany as a separate agency under the oversight of the Common Council with independent day-to-day operations under the direction of the CPRB. § 42-333 Definitions. For purposes of this Part, the following words and phrases shall have the meanings described in this section: ADMINISTRATIVE AGENCY The agency responsible for administration of the CPRB pursuant a request for qualifications (RFQs), as described in § 42-352. APD The City of Albany Police Department. CHIEF The Chief of Police of the Albany Police Department. COMPLAINT A statement concerning police conduct which is either submitted to the Community Police Review Board for filing with the Albany Police Department or filed directly with the Albany Police Department. CPRB The Community Police Review Board. EMPLOYEES Within this Part, employees shall mean individuals hired by the Albany Common Council, or their designee, who shall be responsible for performing tasks assigned to them by the Program Director and as within their responsibilities per the determination of the Civil Service Commission, but shall not mean the members of the Community Police Review Board. GENDER Shall have the same meaning as set forth in § 48-25 (Definitions) of Article III (Omnibus Human Rights Law) of Chapter 48 (Equal Opportunity Protections) of this Code. MEDIATION A structured dispute resolution process in which a neutral third party assists the disputants by facilitating a nonbinding intervention. OFFICER Any sworn police officer of the City of Albany Police Department affected by an individual's complaint. Material in strikethrough to be deleted. New material is underlined. PROFESSIONAL STANDARDS The Professional Standards Unit of the City of Albany Police Department. PROGRAM DIRECTOR An individual hired by the Albany Common Council, or their designee, to act as the director of the day-to-day operations of the Community Police Review Board to serve at the pleasure of the Common Council and at the direction of the Community Police Review Board. § 42-334 CPRB establishment; appointment of members; funding. A. There is hereby established a Community Police Review Board (CPRB) comprised of nine members, five of whom shall be appointed by the Common Council and four of whom shall be appointed by the Mayor. B. Members shall be appointed for three-year terms; provided, however, that: 1. Of members initially appointed by the Common Council: one shall be for a term of one year; two shall be for a term of two years; and two shall be for a term of three years. 2. Of members initially appointed by the Mayor: one shall be for a term of one year; one shall be for a term of two years; and two shall be for a term of three years. C. No member of the CPRB shall serve for a period which exceeds two full consecutive terms; provided, however, that a member may be considered for reappointment to the CPRB after one year of non-membership; and provided, further, that an appointment to fill a vacancy in an unexpired term shall not apply to the limitations in terms of service otherwise applicable under this subsection. D. Members shall continue to serve on the CPRB until their successors have been appointed. E. Annually, the members of the CPRB shall elect from their membership a member to serve as Chair. F. Upon submission to the Common Council, the annual proposed City of Albany operating budget shall include a separate appropriation to fund CPRB operations in an amount which is not less than 1% of the total proposed budget of the Albany Police Department. G. The Corporation Counsel shall advise and represent the Board as it would other public boards in accordance with applicable state and local law(s). Additionally, the CPRB may seek and retain separate legal counsel, whether on staff or contract, for any purpose otherwise authorized under this Part 33 in addition to utilization of the services of the Corporation Counsel at the CPRB's discretion. H. The CPRB shall annually adopt an operating budget within amounts available which, upon adoption, shall be transmitted to the Mayor and members of the Common Council. All Material in strikethrough to be deleted. New material is underlined. contracts for outside services (legal or other) shall be procured in accordance with applicable procurement requirements. I. The CPRB shall have access to all services and resources granted to all city departments and offices, including but not limited to: office space; budgetary, purchasing, and payroll services; IT services; human resource services; and security services; as well as those specifically authorized by this Part; and as needed for the conduct of its operations. J. By operation of law and the City of Albany Charter, the CPRB is incorporated into the City of Albany under the oversight of the Common Council, and shall have its day-to-day operations directed independently by the Program Director. § 42-335 Functions and Duties of the Program Director A. The Common Council shall, upon consultation with the CPRB, and by resolution of the Common Council, hire a Program Director of the CPRB. The Program Director shall serve under the supervision and at the pleasure of the Common Council. B. The day-to-day administrative operations of the CPRB shall be under the control of the Program Director. C. The Program Director shall be responsible for ensuring the proper functioning of the CPRB and shall coordinate with the Chair of the CPRB to perform such duties as are needed for the performance of the duties of the CPRB and its members. The Program Director shall prepare and present such reports enumerated herein and as required by resolution, ordinance, or local law duly enacted by the Common Council. D. The Program Director shall have the authority to recommend to the Common Council that the Common Council, or their designee, hire and/or terminate such additional employees as may be authorized by the CPRB’s annual budgetary appropriations, and any amendments made thereto by the Board of Estimate and Apportionment, but the authority to hire and terminate employees authorized by such appropriations rests with the Common Council. E. The Program Director shall have the authority to direct such employees pursuant to all applicable laws, rules, and contracts. § 42-3356 Removal of members; filling of vacancies. CPRB members may be removed at any time for cause by a two-thirds vote of the Common Council. Any vacancy occasioned by resignation, death or removal of a member shall be filled within 60 days in the same manner as the predecessor to fill the unexpired term. § 42-3367 Qualifications of members. Material in strikethrough to be deleted. New material is underlined. A. Members of the CPRB shall reside in the City of Albany and possess a reputation for fairness, integrity and responsibility and have demonstrated an active interest in public affairs and service. B. The Common Council and the Mayor shall endeavor to reflect community diversity in their appointments, including income level, race, ethnicity, age, gender, sexual orientation and experience, and shall, in their appointments, solicit recommendations from the community. Officers (as defined in the City of Albany Charter), current employees of the City of Albany and the immediate relatives of officers and employees shall not be eligible for appointment. C. Members of the CPRB and their immediate family shall not be former employees of APD. § 42-3378 Quorum. Five members of the CPRB shall constitute a quorum. Five votes shall be required for any action. § 42-3389 Bylaws and rules. The CPRB, with the advice and assistance of the Administrative Agency, shall adopt, and the Common Council shall approve, rules and bylaws for the transaction of CPRB affairs, including the manner of calling and giving notice of special meetings and the appointment and duties of any special committees. § 42-33940 Training and orientation of members; employees The Administrative Agency shall coordinate and conduct training and orientation of CPRB members and recommend for adoption by the Common Council written standards for orientation of appointees and continuing training of all CPRB members. A. The Department of Administrative Services shall provide standard onboarding training to employees. B. The Program Director shall designate an individual or firm to collaborate on an orientation that shall contain two training programs, which shall be approved by the Common Council, one training which shall be for CPRB members and the other shall be for employees. CPRB members shall Completion of the complete the orientation program concerning the goals, powers and procedures of the CPRB is required before a member may participate as a voting member and employees, including the Program Director, shall complete such training within two months of the start of their employment. In addition, graduation from the Albany Police Department's Community Police Academy (the curriculum of which shall include training in the laws applicable to public record concerns, internal affairs investigations, confidentiality issues and liability statutes; training in police procedures; participation in ride-alongs; defensive tactics training; firearms familiarization; and emergency vehicle operations) within six months of the start of the member’s term is required at the soonest available opportunity shall be required for continued service on the Board, unless the Program Director certifies to the Common Council that a member is unable to be present due to extraordinary circumstances, including, but not limited to: disability; illness; quarantine order; the death of an immediate family member where such term is defined to include a spouse, parent, sibling, child, domestic partner, or individual for whom the member is the designated guardian; caregiving responsibilities for an Material in strikethrough to be deleted. New material is underlined. immediate family member; or any other significant or unexpected factor that may preclude attendance, and in such case the member shall attend the next available opportunity. Further, an Administrative Agency individual or firm, to be selected by the Program Director, shall provide to CPRB members, and the members shall undergo, continuing education on issues related to the interaction between civilians and police officers from the perspectives of both the complainant and the police officer and shall additionally include a review and update of relevant federal and state statutory amendments and case law. Further, at least one member of the CPRB shall be designated to become a member of the National Association of Civilian Oversight of Law Enforcement, and at least one member shall attend its annual conference. § 42-3401 Recommendations, reports, data collection and analysis. A. The CPRB may make recommendations to the Common Council and the Mayor regarding police policies and practices relevant to the goals of community policing and the exercise of discretionary authority by police officers. B. The Administrative Agency Program Director, on behalf of the CPRB, shall file quarterly and biannual reports with the Common Council and the Mayor which contain statistics and summaries of complaints, including a comparison of the CPRB's findings with the final determinations of the Department. The Program Director shall also file such other reports as requested by the Common Council with the Common Council and the Mayor. The Administrative Agency CPRB shall contract work with one or more local colleges, universities or research institutions to conduct surveys of complainants concerning the level of their satisfaction with the process and to conduct surveys of the community to get feedback concerning the CPRB and the Police Department. The results of those surveys shall be reported to the CPRB, the Chief and the Common Council. In addition, the Administrative Agency CPRB shall collect data concerning alleged offenses and offenders and report this data to the Chief. The Chief shall analyze and use the data concerning repeat alleged offenses and offenders to implement an “early warning system” to track repeat alleged offenses and offenders reported to CPRB and the Police Department. C. The Chief shall issue a quarterly report to the CPRB on disciplinary investigations and action taken within the Department and resolutions thereof. Such reports shall include both individualized information about specific cases and aggregate information. Additionally, the CPRB is authorized to request a report from the Chief on whether disciplinary action was taken in any specific case. D. The CPRB may perform, or cause to be performed, an audit to assess the investigation and adjudication of civilian complaints. § 42-3412 Member responsibilities. CPRB members shall: Material in strikethrough to be deleted. New material is underlined. A. Maintain absolute confidentiality with respect to confidential or privileged information they receive and maintain a thorough knowledge of the legal protection accorded to police records, including the penalties imposed for violations. B. Obey all laws respecting individuals' rights of privacy and confidentiality of records. C Not remove any Police Department, Professional Standards, personnel or other confidential files, records or tapes from City offices except as authorized under this article. D. Excuse themselves from participating in the review of any complaint in which they have a personal, professional or financial conflict of interest. E. Conduct themselves at all times in a manner that will maintain public confidence in the fairness, impartiality and integrity of the CPRB and refrain from making any prejudicial comments with respect to the CPRB, complainants or police officers. F. Participate in orientation and training programs in accordance with § 42-33940 of this Part. § 42-3423 Initiation of complaints. A. Complaints may be received directly by the CPRB, or upon referral from OPS, the Mayor, the Common Council, any Council Member, the City Clerk, or the Chief. Any complaint received and accepted by the CPRB shall be transmitted to OPS, and any complaint received and accepted by OPS shall be transmitted to the CPRB. Complaints shall be filed within 180 days of the date of the incident giving rise to the complaint. B. The CPRB shall receive complaints by telephone, in person, by mail, email or web form. Complaints shall be received and considered, whether submitted under signature or anonymous. Efforts to simplify the procedure shall be made to encourage filing. Professional standards of confidentiality with regard to the written release of information and informed consent shall apply to all complaints filed. With respect to the confidentiality of all interested parties, the CPRB shall comply with all local, state, and federal laws. C. Before proceeding with the complaint process, the CPRB shall make the complainant aware of and provide a referral to organizations that advocate for people who have experienced police misconduct and can explain the process of the CPRB and other options that exist beyond the CPRB's jurisdiction. D. The CPRB shall have full access to information about any officer involved in the events that are the subject of a complaint, including information about prior complaints involving that officer and any action taken in response to those complaints. It shall be within the discretion of the CPRB whether to discuss in a public meeting, or include in the CPRB's findings, or otherwise make public, such information that is not otherwise subject to confidentiality standards. Material in strikethrough to be deleted. New material is underlined. E. When a complaint is filed, and OPS is in the possession of any audio or video footage pertaining to the incident (including, but not limited to, body camera footage and dashboard camera footage), OPS shall make such footage available for any members of the CPRB upon request. If OPS fails to make the footage available within 14 days of the request, it shall forward a notice to the CPRB and the Common Council explaining the delay. Upon request of the CPRB, the Common Council may, after consideration, direct the release of such footage to the CPRB notwithstanding the requested delay. It shall be within the discretion of the CPRB whether to discuss in a public meeting, or include in the CPRB's findings, or otherwise make public, such information. F. When a complaint is filed, the Chief or their designee and the CPRB shall, pursuant to § 42-3478, determine whether the mediation is appropriate. § 42-3434 Powers and duties. A. The CPRB shall have the power to conduct independent investigations as it deems warranted, even in the absence of a complaint being filed with either OPS or CPRB; the power to issue subpoenas to compel testimony and the production of evidence, and the power to discipline officers if a complaint of misconduct is sustained subject to due process procedures and findings. B. The CPRB shall establish a disciplinary matrix in conjunction with the Chief. Such matrix shall include clearly delineated penalty levels with ranges of sanctions which progressively increase based on the gravity of the misconduct and the number of prior sustained complaints. The CPRB, in consultation with the Chief, shall review the disciplinary matrix annually, and consider any recommended changes. The CPRB shall also seek input from the public while establishing and reviewing disciplinary matrices. The Chief shall decide the final version of the disciplinary matrix to be used after public input facilitated with the CPRB. C. The CPRB shall periodically review and assess APD policies, procedures, patterns, practices and training and may recommend changes to the APD. Written acknowledgment of receipt of recommendations will be sent to the Chair of CPRB from the Chief within 60 days with a detailed listing of what items are and are not being implemented. D. The CPRB and the Chief shall establish a cooperative relationship to ensure the orderly and efficient flow of information. E. Accessibility. 1. The CPRB shall provide or arrange language access for limited- or non-English proficient complainants and witnesses at all stages of the investigative and adjudicative process. Language access shall be available during all operating hours of the CPRB. Material in strikethrough to be deleted. New material is underlined. 2. The CPRB shall provide reasonable accommodations in accordance with federal, state and local law to individuals with disabilities at all stages of the investigative and adjudicative process. Such accommodations shall be available during all operating hours of the CPRB and shall include but not be limited to: accessible means of egress, accessible means of communication via auxiliary aids or services giving primary consideration to preferences of the individual deserving such services, and access to ASL interpreters. F. Investigation of complaints. 1. The CPRB may interview complainants, witnesses and APD officers, and gather relevant evidence. OPS shall provide the CPRB with written notice of the commencement of any investigation, and likewise, the CPRB shall provide the OPS with written notice of the commencement of any investigation. 2. The CPRB shall have the power to investigate any and all conduct, acts or omissions by any APD officer independent of any investigation conducted by OPS. 3. Subpoenas may be issued by the CPRB at any time during the review and adjudication processes. Such subpoenas may compel the attendance of witnesses, APD officers, APD employees, and/or persons, and require the production of records and other materials, including records of the APD, other persons or other agencies. A copy of any subpoena served upon an APD officer or employee shall also be delivered to the Chief. CPRB subpoenas are enforceable pursuant to relevant provisions of Article 23 of the New York Civil Practice Law and Rules. 4. Upon receipt of a complaint, within the time frame allotted in accordance with any applicable police collective bargaining agreement, OPS shall provide to the CPRB its entire investigative case file related to the complaint. Thereafter, OPS shall send any newly acquired evidence to the CPRB within five business days of the acquisition of the evidence. If OPS makes any findings with respect to the complaint, they shall send all such findings to the CPRB within five business days. 5. One police officer holding the rank of Captain or higher shall be made available by the Chief to the CPRB at the CPRB's request to serve as a consultant or advisor should questions arise from members of the CPRB regarding specific police practices, policies, or general orders. The officer so assigned shall be neither from OPS nor the commanding officer of the officer(s) involved in the case being reviewed. 6. A complainant may, at any time, decline to have their complaint investigated and reviewed by the CPRB. Such declination must be made in writing. 7. Statements made by complainants, APD officers or employees, or witnesses are subject to the CPRB's determinations of weight and credibility. Participation or lack Material in strikethrough to be deleted. New material is underlined. of participation in the hearing process may be considered by the CPRB as one factor in their determination of credibility. 8. The Chief shall take no final action on a complaint, whether received directly by the APD or by the CPRB, until receipt of the CPRB's findings and decision, or notice that the CPRB has determined no disciplinary action is appropriate. Nonetheless, the Chief shall retain the authority to suspend an APD officer during the investigation and adjudication of a complaint against the APD officer, as well as the authority to impose any additional discipline for an officer above and beyond that recommended by the CPRB. Any documentary information that the Chief discusses in public or with the media must be made available to the CPRB. § 42-3445 Findings of the CPRB. A. The CPRB, after review and deliberation of an investigation, shall, by majority vote, make one of the following findings on the case: 1. Sustained: where the review discloses sufficient facts to prove the allegations made in the complaint. 2. Not Sustained: where the review fails to disclose sufficient facts to prove or disprove the allegation made in the complaint. 3. Exonerated: where the acts which provide the basis for the complaint occurred, but the review shows that such acts were proper. 4. Unfounded: where the review shows that the act or acts complained of did not occur or were misconstrued. 5. Ineffective Policy or Training: where the matter does not involve guilt or lack thereof, but rather ineffective departmental policy or training to address the situation. 6. No Finding: where, for example, the complainant failed to produce information to further the investigation; or where the investigation revealed that another agency was responsible and the complaint or complainant has been referred to that agency; or where the complainant withdrew the complaint; or where the complainant is unavailable to clarify the complaint. B. If the CPRB fails to render a finding referenced above within 60 days of its receipt of the preliminary report of the Department's findings, the complaint file shall be returned to the Chief for disposition of the matter, unless the CPRB shall advise the Chief, the complainant and the affected officer in writing of the reason for the delay in rendering its finding. In such case, the CPRB shall provide the Chief, the complainant and the affected officer with monthly updates on the status of the complaint. In any event, if the CPRB fails to render a finding referenced above within 120 days of its receipt of the preliminary report of the Material in strikethrough to be deleted. New material is underlined. Department's findings, the complaint file shall be returned to the Chief for disposition of the matter. § 42-3456 Final determination. At the conclusion of its review, the CPRB shall make its finding known to the Chief, the affected officer and the complainant within 30 days. The Chief of Police shall review the Department's preliminary report in light of the CPRB's finding and then make the Department's final determination known to the CPRB, the affected officer and the complainant. In the event that the Department's final determination is inconsistent with the CPRB's finding, the CPRB may request that the Chief provide a written explanation of the Department's final determination. § 42-3467 Mediation process. A. A mediation process shall be established and coordinated by the Administrative Agency APD and CPRB in accordance with this section and Part 3 of this chapter. B. Mediation shall be conducted at no cost to the complainant or officer by highly trained and experienced mediators selected from a list compiled by the Administrative Agency Program Director and the Chief of Police, or their respective designees, and approved by the Common Council and the Mayor. The Administrative Agency Program Director, the Common Council and the Mayor shall endeavor to reflect community diversity in this list of mediators. The Administrative Agency Program Director shall develop an appropriate training curriculum which each mediator shall be required to complete. Each mediator shall be a graduate of the Albany Police Department's Community Police Academy. In addition, the Administrative Agency mediators shall undergo continuing education on issues related to the interaction between civilians and police officers from the perspectives of both the complainant and the police officer. C. Upon receipt of complaint, unless the case involves an allegation of excessive force, an alleged violation of civil rights or an allegation of criminal conduct against an officer, or the complaint is a result of an incident that involves an arrest, or if there was an injury to either party, or if there was property damage by an officer, the complaint will be considered appropriate for mediation. D. An eligible complaint shall be reviewed for potential recommendation for mediation by the Board and by the Chief or his designee. Five members of the Board, selected by lot, will shall be contacted by the Administrative Agency and a decision made decide, on behalf of the Board, as to the appropriateness for mediation by a majority of those five members. A decision regarding mediation shall be made within two business days by both the Board and the Chief. If either the Board or the Chief finds a complaint inappropriate for mediation, then the matter shall be referred to OPS for investigation consistent with this article. E. If the Board and the Chief recommend a complaint for mediation, both the complainant and the officer will have the option of electing to continue with the mediation process. If Material in strikethrough to be deleted. New material is underlined. either party declines mediation, or fails to participate in the mediation within 30 days then the matter shall be referred to OPS for investigation consistent with this article. F. If the parties agree to mediate, then the complaint will not be investigated by the Police Department regardless of the outcome of the mediation, unless such complaint is subsequently referred back to OPS pursuant to §§ 42-347(F) and (J). G. If the parties agree to mediate, the process shall follow the mediation protocols adopted by the Board. H. Every reasonable effort shall be made to schedule mediation during an officer's normal working hours. I. Mediators shall conduct mediation sessions with officers and complainants at times and places agreed upon by the parties. If the parties cannot agree upon a time and place to mediate within one month of the recommendation for mediation, the matter shall be referred to OPS for investigation consistent with this article and the case will proceed as if mediation was declined and referred back to OPS for investigation. J. In conducting the mediation, the mediators may not impose an outcome on the parties. K. Mediation sessions shall be closed to the public. Matters discussed shall be confidential. L. Statements and records disclosed during mediation may not be disclosed or introduced in evidence during any judicial or administrative proceeding, and mediators may not be compelled by a subpoena to give testimony or produce anything related to the mediation. M. Upon the completion of the mediation process, the CPRB shall issue a finding of “Mediated,” and the allegations shall be deleted from the officer's CPRB history. § 42-3478 Meetings. A. The CPRB shall hold its first meeting within 30 days after a quorum of its members has completed the orientation program. At that meeting, the CPRB shall fix the time and place for its regularly scheduled meetings. B. The CPRB may conduct both public and closed meetings as allowed or required by the Open Meetings Law. C. The Chief shall designate a representative from Professional Standards to attend meetings of the CPRB and to provide information and advice to the CPRB. The representative shall not be viewed as a member of the CPRB. D. Officers and complainants may attend meetings of the CPRB. Material in strikethrough to be deleted. New material is underlined. E. The Administrative Agency shall provide all staff services to the CPRB, including the maintenance of CPRB files and records. Furthermore, the Administrative Agency shall be responsible for the preparation of CPRB reports and review findings and recommendations referenced in this Part. § 42-3489 Suspension of proceedings. Upon the written recommendation of the Corporation Counsel, the Common Council and the Mayor concurrently may suspend the CPRB review of any complaint where a separate criminal investigation is underway or where a civil action against the City is underway or pending. Upon the conclusion of such separate proceedings, the CPRB may resume or undertake its review. § 42-34950 Information sharing. The CPRB shall forward, in writing, to the Chief any new case-specific information it obtains during the course of an investigation concerning an incident or practice subject to a complaint. Similarly, during the course of a CPRB review, the Chief shall forward to the CPRB, in writing, any new case-specific information the Chief obtains after the conclusion of the Professional Standards investigation and the submission of the Department's preliminary report to the CPRB referenced in § 42-3434 of this Part concerning an incident or police practice subject to a complaint. § 42-3501 Community outreach. The CPRB, with the assistance of the Administrative Agency, shall inform the public about the CPRB and its duties. It shall develop and administer an ongoing program for the education of the public as to the mission and purposes of the CPRB process and the law established by this Part, which shall include the use of informational pamphlets and seminars. § 42-350.1 Retention of Administrative Agency. In consultation with the CPRB and the Common Council, the Administrative Agency shall be retained pursuant to a request for qualifications (RFQ), periodically issued by the Corporation Counsel, to undertake the administrative functions of such agency as set forth in this Part 33. Such agency shall have the capacity to undertake legal and other research as necessary, development of administrative procedures, and statistical and report compilation in addition to such other functions set forth in this Part. § 42-351.1 Construction of Part. The purposes of this Part favor resolution of ambiguity toward the goal of promoting public documentation and openness in the resolution of complaints of misconduct by police officers. This Part shall be deemed to supersede and repeal any and all provisions of local laws or local administrative orders which are inconsistent or conflict with any provisions of this Part. No report, finding or determination made pursuant to this Part shall in any way conflict with or abridge the rights of complainants or officers guaranteed by the United States Constitution, the New York State Constitution or any federal or state law, rule, regulation or administrative order. § 42-352 Severability. If any clause, sentence, paragraph, sections or part of this Part shall be adjudged by any court of competent jurisdiction to be invalid or otherwise unenforceable, such judgment shall not affect, Material in strikethrough to be deleted. New material is underlined. impair or invalidate the remainder thereof but shall be confined in its operation to the clause, sentence, paragraph, sections or part thereof directly involved in the controversy in which such judgment shall have been rendered. Section 2. This local law shall take effect upon passage, public hearing and filing with the New York Secretary of State, but shall not take effect earlier than January 1, 2025. APPROVED AS TO FORM THIS 12TH DAY OF JULY, 2024 _________________________________ Corporation Counsel Material in strikethrough to be deleted. New material is underlined. To: Shaniqua Jackson, City Clerk From: Jake Eisland, Research Counsel Bryan Jimenez, Senior Legislative Aide Re: Common Council Legislation Supporting Memorandum Date: April 3, 2024 Updated: July 16, 2024 Sponsors: Council Members Robinson, Hoey, and Romero LOCAL LAW D OF 2024 (As Amended 07/15/2024) TITLE A LOCAL LAW AMENDING ARTICLE XLIV (GENERAL PROVISIONS) OF PART 33 (COMMUNITY POLICE REVIEW BOARD) OF CHAPTER 42 (DEPARTMENTS AND COMMISSIONS) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO TRANSITIONING THE COMMUNITY POLICE REVIEW BOARD INTO THE CITY OF ALBANY GENERAL PURPOSE OF LEGISLATION By operation of this law, the CPRB shall be separated from an administrative agency and incorporated into the city. The Common Council shall hire a Program Director, which shall be under the Common Council pursuant to § 301(b) of the Charter of the City of Albany, to perform tasks on behalf of the CPRB, including organizing and expensing the CPRB's budget, with Common Council oversight, to improve the CPRB's operational efficiency in conducting police oversight. NECESSITY FOR LEGISLATION AND ANY CHANGE TO EXSITING LAW The Common Council recognizes that, since November 1, 2000, the CPRB has operated under a model in which it has solely contracted with outside entities in performance of its statutorily mandated powers and duties bestowed by this chapter. It has become necessary, for practical, budgetary, and good governance reasons to ensure that the CPRB and its members are incorporated into the formal structure of the City of Albany, while at the same time maintaining its critical function of objective and unbiased police oversight in the City of Albany. At the end of 2024, the CPRB's contract with the Government Law Center at Albany Law School will end. Currently, the operation of the CPRB is required by law to be dependent on the existence of an administrative agency such as the Government Law Center. This legislation retains the structure and independence of the CPRB while assigning an employee of the Common Council to address the needs of the Board. FISCAL IMPACT(S) TBD Matter in strikethrough to be deleted. Matter underlined is new material. Council Member Anane introduced the following: ORDINANCE 3.21.24 (As Amended 7/1/24) AN ORDINANCE AMENDING CHAPTER 375 (UNIFIED SUSTAINABLE DEVELOPMENT ORDINANCE) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO SMOKE OR VAPE SHOPS The City of Albany, in Common Council convened, does hereby ordain and enact: Section 1. Section 375-302 (Permitted Use Table) of Article III (Use Regulations) of Chapter 375 (Unified Sustainable Development Ordinance) of Part II (General Legislation) of the Code of the City of Albany is hereby amended to read as follows: Table 375.302.1 Permitted Use Table P=Permitted Use | C=Conditional Use | A=Accessory Use | T=Temporary Use Special Residential Mixed-Use Purpose Use-Specific MU-FW Zoning District Standard in MU-FM MU-NC MU-CU MU-CH MU-NE MU-FC MU-DT MU-FS MU-CI R-1M R-1L R-M R-V R-T R-2 LC I-1 I-2 Article III LAND USE CATEGORY COMMERCIAL USES Retail § 375- Adult retail C C P 303(4)(f)(i) P[5] P[6][7] § 375- Cannabis dispensary C P P P P P P P A A 303(4)(f)(ii) Controlled substance C C C C P P § 375- dispensary 303(4)(f)(iii) § 375- Convenience retail P[5 P P P P P P P P[6][7] P 303(4)(f)(iv) § 375- General retail C P[5 P P P P P P P P[6][7] A 303(4)(f)(v) P[5] P[6][7] § 375- Smoke or vape shop C P P P P P P 303(4)(f)(vi) § 375- 303(4)(f)(vi) Specialty retail P[1] P[1] P[1] P[4] P[5] P P P P P P P P[6][7] A § 375- 303(4)(f)(vii) § 375- 303(4)(f)(vii) Supermarket P P P C P P P P[6][7] P § 375- 303(4)(f)(viii) Matter in strikethrough to be deleted. Matter underlined is new material. Section 2. Subparagraph viii (Smoke or vape shop) of paragraph f (Retail) of subsection 4 (Commercial Uses) of section 375-303 (Use-specific standards) of article III (Use Regulations) of Chapter 375 (Unified Sustainable Development Ordinance) of Part II (General Legislation) of the Code of the City of Albany is added as follows: (vi) Smoke or vape shop. A. No smoke or vape shop use shall be located within 1,000 feet of another smoke or vape shop use. B. No smoke or vape shop use shall be located within 500 feet of a school. C. No smoke or vape shop use shall be located within 250 feet of a religious institution. (vi) (vii) Specialty retail (vii) (viii) Supermarket Section 3. Paragraph c (Minimum required and maximum parking allowed) of Subsection 2 (Off-street parking requirement) of Section 375-405 (Parking and loading) of Article IV (Development Standards) of Chapter 375 (Unified Sustainable Development Ordinance) of Part II (General Legislation) of the Code of the City of Albany is added as follows: (c) Minimum required and maximum parking allowed. (i) In all zoning districts, off-street parking shall be provided in accordance with Table 375.405.1, Minimum and Maximum Off-Street Parking, as adjusted by other provisions of this USDO. Table 375.405.1 Minimum and Maximum Off-Street Parking GFA = Gross Floor Area; NLA = Net Leasable Area Minimum Number of Spaces Maximum Number of Spaces Land Use Category Required Allowed COMMERCIAL USES Retail General retail 1 per 400 square feet NLA 1 per 350 square feet NLA Specialty retail 1 per 400 square feet NLA 1 per 350 square feet NLA Adult retail 1 per 300 square feet NLA 1 per 250 square feet NLA Cannabis dispensary 1 per 400 square feet NLA 1 per 350 square feet NLA Controlled substance 1 per 300 square feet NLA 1 per 250 square feet NLA dispensary Convenience retail 1 per 300 square feet NLA 1 per 250 square feet NLA Smoke or vape shop 1 per 400 square feet NLA 1 per 350 square feet NLA Supermarket 1 per 300 square feet NLA 1 per 250 square feet NLA Matter in strikethrough to be deleted. Matter underlined is new material. Section 4. Section 375-602 (Definitions) of Article VI (Rules of Construction; Definitions) of Chapter 375 (Unified Sustainable Development Ordinance) of Part II (General Legislation) of the Code of the City of Albany is hereby amended by adding a new definition, to be inserted into the section in its proper alphabetical place, to read as follows: SMOKE OR VAPE SHOP An establishment primarily engaged in the retail sale of tobacco, tobacco products, or tobacco paraphernalia, electronic smoking devices, liquid nicotine containers or vapor products. A use shall be defined as a smoke or vape shop by considering factors such as the proportion of floor area dedicated to the display or sale of said products, the proportion of total revenue derived from said products, and the overall marketing or branding of the establishment. Section 5. This ordinance shall take effect immediately. APPROVED AS TO FORM THIS 25TH DAY OF JANUARY, 2024 ________________________________ Corporation Counsel Matter in strikethrough to be deleted. Matter underlined is new material. To: Shaniqua Jackson, Acting City Clerk From; Brett Williams, Senior Assistant Corporation Counsel Re: Common Council Legislation Supporting Memorandum Date: January 24, 2024 Sponsor: Council Member Anane ORDINANCE 3.21.24 (As Amended 7/1/24) TITLE AN ORDINANCE AMENDING CHAPTER 375 (UNIFIED SUSTAINABLE DEVELOPMENT ORDINANCE) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO SMOKE OR VAPE SHOPS GENERAL PURPOSE OF LEGISLATION This ordinance clarifies certain ambiguities present in the USDO as to how smoke shops, vape shops, tobacco or vape consumption businesses and other retail businesses primarily engaged in the sale of smoking and tobacco products should be classified and regulated. NECESSITY FOR LEGISLATION AND CHANGES TO EXISITING LAW The legalization of cannabis at the state level has led to an influx of smoke shops, vape shops, tobacco or vape consumption businesses and other retail businesses primarily engaged in the sale of smoking and tobacco products, and tobacco or cannabis paraphernalia throughout the City. While considerable licensing requirements exist, and many zoning functions preempted, under New York State Law regarding cannabis uses, no such state-wide authority exists which regulates smoke shops, vape shops and tobacco or vape consumption businesses. TIME FRAME FOR PASSAGE Applications for smoke or vape shops will be delayed until such time that the USDO is amended. Accordingly, it is recommended that the proposed amendments be considered as expeditiously as is practicable. FISCAL IMPACTS Unknown. Material in strikethrough to be deleted. Matter underlined is new material. Council Member Balarin, on behalf of the Committee on Planning, Economic Development, and Land Use, introduced the following: ORDINANCE 10.42.24 (As Amended 06/17/2024) AN ORDINANCE AMENDING CHAPTER 375 (UNIFIED SUSTAINABLE DEVELOPMENT ORDINANCE) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO COMMERCIAL FOOD PREPARATION The City of Albany, in Common Council convened, does hereby ordain and enact: Section 1. Section 375-302 (Permitted Use Table) of Article III (Use Regulations) of Chapter 375 (Unified Sustainable Development Ordinance) of Part II (General Legislation) of the Code of the City of Albany is hereby amended to read as follows: Table 375.302.1 Permitted Use Table P=Permitted Use | C=Conditional Use | A=Accessory Use | T=Temporary Use Special Residential Mixed-Use Purpose Use-Specific MU-FW Zoning District Standard in MU-FM MU-NC MU-CU MU-CH MU-NE MU-FC MU-DT MU-FS MU-CI R-1M R-1L R-M R-V R-T R-2 LC I-1 I-2 Article III LAND USE CATEGORY COMMERCIAL USES Office and Services Beauty salon, spa or § 375- P[1] P[1] P[1] P[4] P[5] P P P P P P P P[6][7] P P barbershop 303(4)(d)(i) § 375- Blood plasma center[9] C C C C 303(4)(d)(ii) Commercial food P[4] P[5] P P P P P P P P P P § 375- preparation 303(4)(d)(iii) § 375- 303(4)(d)(iii) Funeral home C C P C P § 375- 303(4)(d)(iv) § 375- Laboratory or research C C C C C C C C[6] P P 303(4)(d)(iv) facility § 375- 303(4)(d)(v) § 375- P[6][7] 303(4)(d)(v) Medical clinic P P P P P P P P A § 375- 303(4)(d)(vi) § 375- 303(4)(d)(vi) Office, general C[1] C[1] C[1] C[4] P[5] P P P P P P P P[6][7] P A § 375- 303(4)(d)(vii) Material in strikethrough to be deleted. Matter underlined is new material. Table 375.302.1 Permitted Use Table P=Permitted Use | C=Conditional Use | A=Accessory Use | T=Temporary Use Special Residential Mixed-Use Purpose Use-Specific MU-FW Zoning District Standard in MU-FM MU-NC MU-CU MU-CH MU-NE MU-FC MU-DT MU-FS MU-CI R-1M R-1L R-M R-V R-T R-2 LC I-1 I-2 Article III LAND USE CATEGORY § 375- Personal or business [1] [1] [1] [5] [6][7] 303(4)(d)(vii) C C C C P P P P P P P P P P P service § 375- 303(4)(d)(viii) § 375- P[1] P[1] P[1] C[4] P[5] P[6][7] 303(4)(d)(viii) Professional office P P P P P P P P A § 375- 303(4)(d)(ix) § 375- P[6][7] 303(4)(d)(ix) Trade school C P P P P P P P P P § 375- 303(4)(d)(x) Section 2. Paragraph (d) (Office and services) of subsection (4) (Commercial Uses) of section 375-303 (Use-specific standards) of Article III (Use Regulations) of Chapter 375 (Unified Sustainable Development Ordinance) of Part II (General Legislation) of the Code of the City of Albany is hereby amended by adding a new subparagraph (x) (Commercial food preparation) to read as follows: (x) Commercial food preparation. A. Where this use occupies a shopfront space in the MU-NE, MU-NC, MU-CU, MU- DT, MU-FC, MU-FS or MU-FM districts, it must contain a food service or retail component for on-site sales. Section 3. Section 375-602 (Definitions) of Article VI (Rules of Construction; Definitions) of Chapter 375 (Unified Sustainable Development Ordinance) of Part II (General Legislation) of the Code of the City of Albany is hereby amended to read as follows, with the new definition to be inserted into the section in its alphabetically appropriate place: COMMERCIAL FOOD PREPARATION: A facility in which food is processed or otherwise prepared, primarily for off-site consumption and/or sales. Facilities may be shared among various food processors, producers, or preparers. Uses may include, but are not limited to: commissary kitchen, ghost kitchen, cloud kitchen and catering. DISPATCH SERVICE A building or a portion of a building from which vehicles are dispatched to perform services, including, but not limited to, couriers, deliveries, security services, locksmiths, caterers, and taxis. Material in strikethrough to be deleted. Matter underlined is new material. SHOPFRONT A room or set of rooms, making up a nonresidential tenant space, and collectively facing the street on the ground floor of a commercial or mixed-use building that includes a high percentage of transparent windows to create visual interest from the adjacent public sidewalk. Section 4. Paragraph c (Minimum required and maximum allowed) of subsection 2 (Off- street parking requirement) of section 375-405 (Parking and Loading) of Article IV (Development Standards) of Chapter 375 of the Code of the City of Albany is hereby amended to read as follows: (c) (i) In all zoning districts, off-street parking shall be provided in accordance with Table 375.405.1, Minimum and Maximum Off-Street Parking, as adjusted by other provisions of this USDO. Table 375.405.1 Minimum and Maximum Off-Street Parking GFA = Gross Floor Area; NLA = Net Leasable Area Land Use Category Minimum Number of Spaces Required Maximum Number of Spaces Allowed COMMERCIAL USES Office and Services Beauty salon, spa or 1 per 400 square feet NLA 1 per 350 square feet NLA barbershop Blood plasma center Commercial food preparation 1 per 750 square feet NLA 1 per 550 square feet NLA Funeral home or crematorium 1 per 100 square feet of main assembly 1 per 85 square feet of main assembly room room Laboratory or research facility 1 per 400 square feet NLA 1 per 350 square feet NLA Medical clinic 1 per 300 square feet NLA 1 per 250 square feet NLA Office, general 1 per 400 square feet NLA 1 per 350 square feet NLA Personal or business service 1 per 400 square feet NLA 1 per 350 square feet NLA Professional office 1 per 400 square feet NLA 1 per 350 square feet NLA Trade school 1 per 400 square feet NLA 1 per 350 square feet NLA Section 5. This ordinance shall take effect immediately. APPROVED AS TO FORM THIS 7TH DAY OF JUNE, 2024 ________________________________ Corporation Counsel Material in strikethrough to be deleted. Matter underlined is new material. To: Shaniqua Jackson, City Clerk From: Brett Williams, Esq., Senior Assistant Corporation Counsel Re: Common Council Legislation Supporting Memorandum Date: April 4, 2024 Sponsor: Council Member Balarin on behalf of Planning Committee ORDINANCE 10.42.24 (As Amended 06/17/2024) TITLE AN ORDINANCE AMENDING CHAPTER 375 (UNIFIED SUSTAINABLE DEVELOPMENT ORDINANCE) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO COMMERCIAL FOOD PREPARATION GENERAL PURPOSE OF LEGISLATION The USDO contains certain ambiguities as to how commissary kitchen, ghost kitchen, cloud kitchen and catering and other businesses primarily engaged in the commercial preparation of food should be classified and regulated. NECESSITY FOR LEGISLATION AND CHANGES TO EXISITING LAW The Planning Department received an inquiry for such use and upon review determined that the use is not adequately addressed by the current provisions within the USDO. FISCAL IMPACTS None. Material in strikethrough to be deleted. Matter underlined is new material. ALBANY COUNTY PLANNING BOARD NOTIFICATION RECOMMENDATION DATE: July 18th , 2024 Case #: 01-2407040532 Project Name: Ordinance 3.21.24 Project Location: City of Albany Tax Map Number: N/A Referring Agency: City of Albany Legislative Board Considerations: Amendment of zoning ordinance to clarify certain ambiguities related to smoke shops, vape shops, tobacco, and other retail businesses that primarily engage in the sale of smoking and tobacco products. ACPB Defer to local consideration Recommendation: 1. This board has found that the proposed action will have no impact upon the jurisdictional determinant referring to this case, nor will it have significant countywide or intermunicipal impact. Advisory: ___________________________ Gopika Muddappa, Senior Planner Albany County Planning Board NOTE:  This recommendation is rendered in compliance with applicable requirements of Section 239 of New York State General Municipal Law. Final determination on this matter rests with the appropriate municipal body.  A recommendation of “APPROVE” or “MODIFY LOCAL APPROVAL” should not be interpreted as a recommendation by this body that the referring agency approve the matter referred. Such recommendation does not indicate that this body has reviewed all local concerns; rather the referral has met certain countywide considerations. Evaluation of local criteria is the responsibility of the referring agency.  General Municipal Law Section 239 requires that the local agency notify the county within thirty days of its final action. Please use the OFFICIAL NOTICE OF LOCAL ACTION form that is attached for this purpose.  General Municipal Law Section 239 sets forth the procedural requirements for taking local action contrary to the County Planning Board’s recommendation of objection or conditional approval.  Albany County is required to submit a Municipal Separate Storm Sewer System Permit (MS4) (No. GP-0-10-002) Notice of Intent (NOI) to comply with the NYS DEC permit for the control of wastewater and stormwater discharges in accordance with the Clean Water Act. Construction Activity Permit No. GP-0-1-001 issued by NYSDEC is also required for activity with soil disturbances of one acre or more. The law is required by the Clean Water Act to control point source discharges to ground water as well as surface waters. 449 New Salem Road, Voorheesville, NY 12186 TELEPHONE: (518) 655-7932 FAX: (518) 765-3459 In compliance with Article 12-B, Section 239 of New York State General Municipal Law, this serves as official notification to the Albany County Planning Board of the action taken on the application described above. LOCAL ACTION ON ACPB RECOMMENDATION: AGREED WITH COUNTY PLANNING BOARD RECOMMENDATIONS TO MODIFY OR DISAPPROVE OVER-RULED COUNTY PLANNING BOARD RECOMMENDATIONS TO MODIFY OR DISAPPROVE LOCAL DECISION ON PROJECT: PROJECT APPROVED PROJECT DISAPPROVED VOTE RECORDED: ______________________________ DATE OF LOCAL ACTION: _________________________ Set forth the reasons for any action contrary to the ACPB recommendations (use additional sheets if needed): SIGNED: ___________________________________ TITLE: ________________________________________ ALBANY COUNTY PLANNING BOARD NOTIFICATION RECOMMENDATION DATE: July 18th , 2024 Case #: 01-2407040531 Project Name: Ordinance 10.42.24 Project Location: City of Albany Tax Map Number: N/A Referring Agency: City of Albany Legislative Board Considerations: Amendment of zoning ordinance to rectify the ambiguities related to commissary kitchen, ghost kitchen, cloud kitchen, catering, and other businesses primarily engaged in the commercial preparation of food. ACPB Defer to local consideration Recommendation: 1. This board has found that the proposed action will have no impact upon the jurisdictional determinant referring to this case, nor will it have significant countywide or intermunicipal impact. Advisory: ___________________________ Gopika Muddappa, Senior Planner Albany County Planning Board NOTE:  This recommendation is rendered in compliance with applicable requirements of Section 239 of New York State General Municipal Law. Final determination on this matter rests with the appropriate municipal body.  A recommendation of “APPROVE” or “MODIFY LOCAL APPROVAL” should not be interpreted as a recommendation by this body that the referring agency approve the matter referred. Such recommendation does not indicate that this body has reviewed all local concerns; rather the referral has met certain countywide considerations. Evaluation of local criteria is the responsibility of the referring agency.  General Municipal Law Section 239 requires that the local agency notify the county within thirty days of its final action. Please use the OFFICIAL NOTICE OF LOCAL ACTION form that is attached for this purpose.  General Municipal Law Section 239 sets forth the procedural requirements for taking local action contrary to the County Planning Board’s recommendation of objection or conditional approval.  Albany County is required to submit a Municipal Separate Storm Sewer System Permit (MS4) (No. GP-0-10-002) Notice of Intent (NOI) to comply with the NYS DEC permit for the control of wastewater and stormwater discharges in accordance with the Clean Water Act. Construction Activity Permit No. GP-0-1-001 issued by NYSDEC is also required for activity with soil disturbances of one acre or more. The law is required by the Clean Water Act to control point source discharges to ground water as well as surface waters. 449 New Salem Road, Voorheesville, NY 12186 TELEPHONE: (518) 655-7932 FAX: (518) 765-3459 In compliance with Article 12-B, Section 239 of New York State General Municipal Law, this serves as official notification to the Albany County Planning Board of the action taken on the application described above. LOCAL ACTION ON ACPB RECOMMENDATION: AGREED WITH COUNTY PLANNING BOARD RECOMMENDATIONS TO MODIFY OR DISAPPROVE OVER-RULED COUNTY PLANNING BOARD RECOMMENDATIONS TO MODIFY OR DISAPPROVE LOCAL DECISION ON PROJECT: PROJECT APPROVED PROJECT DISAPPROVED VOTE RECORDED: ______________________________ DATE OF LOCAL ACTION: _________________________ Set forth the reasons for any action contrary to the ACPB recommendations (use additional sheets if needed): SIGNED: ___________________________________ TITLE: ________________________________________