1. Active Calendar 1.I. Active Calendar For The August 15th, 2022 Regular Meeting Documents: ACTIVE CALENDAR AUGUST 15 2022.PDF 2. Supporting Legislation 2.I. Supporting Legislation For The August 15th, 2022 Regular Meeting Documents: AUGUST 15, 2022.PDF 3. Minutes 4. Majority Consent (MC) 5. Supporting Document 5.I. Ordinance 13.52.22 Documents: ORDINANCE 13.52.22 (ROBINSON)-THE SALE TO THE CITY SCHOOL DISTRICT OF ALBANY OF 56 NORTH LARK STREET.PDF 5.I.i. 30621565 - City Of Albany - UG Electric Easement Documents: 30621565 - CITY OF ALBANY - UG ELECTRIC EASEMENT.PDF 5.I.i.1. 30621565 - City Of Albany Exhibit A Documents: 30621565 - CITY OF ALBANY EXHIBIT A.PDF 6. Written Comment 7. Amended Legislation 8. Meeting Agenda 8.I. Agenda For The August 15th, 2022 Regular Meeting Documents: 22 AGENDA 08015.PDF Page 1 of 1 Albany Common Council Active Calendar Meeting of Monday, August 15, 2022 (NOTE: The Active Calendar is meant to indicate items which are anticipated to come up for action at the indicated Common Council meeting. Items on a committee agenda prior to the indicated Council meeting are included subject to committee action and recommendation. New items on the agenda for introduction, but which will not be acted upon on the evening of introduction is not included on the Active Calendar. This Calendar does not preclude the addition of items for action by Majority Consent of the Council. Items added by Majority Consent are those which were not available for the agenda within the required deadline but which cannot wait for the subsequent Council meeting for introduction and/or action.) Section Number Agenda Sponsor Subject Number Ordinances Held 13.52.22 2 Robinson AN ORDINANCE AUTHORIZING THE SALE TO THE CITY SCHOOL DISTRICT OF ALBANY OF 56 NORTH LARK STREET (TAX MAP PARCEL NUMBER 65.65-4-1) (a) Pending Discussion at Caucus on Wednesday, August 10, 2022 @ 5:30pm, IN PERSON in the Council Chamber, 2nd Floor, City Hall (08/05/2022) COMMON COUNCIL OF THE CITY OF ALBANY SUPPORT LEGISLATION AUGUST 15, 2022 ORDINANCES 18.82.22 AN ORDINANCE AUTHORIZING AND DIRECTING THE GRANT TO NATIONAL GRID OF AN EASEMENT OVER A PORTION OF CITY-OWNED PROPERTY WITHIN LINCOLN PARK AT THE BEAVER CREEK SATELLITE FACILITY FOR THE INSTALLATION OF A TRANSFORMER AND ELECTRICAL LINE RESOLUTIONS 81.82.22 A RESOLUTION OF THE COMMON COUNCIL APPROVING AN AMENDMENT TO THE FINANCING AGREEMENT BY AND AMONG THE ALBANY WATER BOARD, THE CITY OF ALBANY AND THE ALBANY MUNICIPAL WATER FINANCE AUTHORITY RELATING TO CERTAIN CAPITAL PROJECTS AND AUTHORIZING THE EXECUTION AND DELIVERY OF CERTAIN DOCUMENTS BY THE CITY IN CONNECTION WITH THE ISSUANCE OF OBLIGATIONS BY THE ALBANY MUNICIPAL WATER FINANCE AUTHORITY Council Member Adams introduced the following: ORDINANCE 18.82.22 AN ORDINANCE AUTHORIZING AND DIRECTING THE GRANT TO NATIONAL GRID OF AN EASEMENT OVER A PORTION OF CITY-OWNED PROPERTY WITHIN LINCOLN PARK AT THE BEAVER CREEK SATELLITE FACILITY FOR THE INSTALLATION OF A TRANSFORMER AND ELECTRICAL LINE The City of Albany, in Common Council convened, does hereby ordain and enact: Section 1. It is hereby authorized that the City of Albany grants an easement to National Grid over a portion of City-owned property at 6 MLK Blvd (Tax Id. 76.10-1-3), commonly referred to as the Beaver Creek Satellite Facility, in Lincoln Park, in the City of Albany, for the purpose of the installation of transformer and electrical line, and as described more fully in the easement attached hereto. Section 2. The form, content, terms, and conditions of such easement shall be approved by the Corporation Counsel. Section 3. The Grantee shall not hinder, interfere with, prevent, delay, obstruct, or adversely affect the Grantor in the reasonable exercise of its governmental operations or function. Section 4. This ordinance shall take effect immediately. APPROVED AS TO FORM THIS 5TH DAY OF AUGUST 2022 __________________________ Corporation Counsel To: Danielle Gillespie, City Clerk From: Brett Williams, Esq., Senior Assistant Corporation Counsel Re: Common Council Legislation Supporting Memorandum Date: June 10, 2022 Sponsor: Council Member Adams ORDINANCE 18.82.22 TITLE AN ORDINANCE AUTHORIZING AND DIRECTING THE GRANT TO NATIONAL GRID OF AN EASEMENT OVER A PORTION OF CITY-OWNED PROPERTY WITHIN LINCOLN PARK AT THE BEAVER CREEK SATELLITE FACILITY FOR THE INSTALLATION OF A TRANSFORMER AND ELECTRICAL LINE GENERAL PURPOSE OF LEGISLATION National Grid has gas and electric distribution and transmission facilities and properties located throughout the City of Albany and Capital Region. In this instance, the City of Albany seeks to grant a utility easement to National Grid over a portion of City-owned property located at 6 MLK Blvd, commonly referred to as the Beaver Creek Satellite Facility (hereinafter the “Facility”), in Lincoln Park, in the City of Albany, for the purpose of installing a transformer and electrical line to power the Beaver Creek Satellite Facility. National Grid’s transformer and electrical line, requiring the easement herein described, are necessary to power the Facility. The transformer will be installed adjacent to the Facility and the electrical line will travel from the entrance of the Facility, around the Facility, to the Southwest corner of the Facility. The easement request has been reviewed by the Technical Review Committee. The Department of General Services noted that National Grid will be required to apply for and receive approval of a street-opening permit for the installation work. All associated project work, construction, and permit and filing fees shall be at National Grid’s sole cost and expense. The transformer and electrical will remain National Grid’s property. The form, content, terms, and conditions of the easement, once authorized, will be approved by the Corporation Counsel. NECESSITY FOR LEGISLATION AND ANY CHANGE TO EXISTING LAW Common Council approval is required for land transactions, such as the granting of a permanent easement over municipal property. FISCAL IMPACT(S) None identified. Council Member Frederick introduced the following: RESOLUTION 81.82.22R A RESOLUTION OF THE COMMON COUNCIL APPROVING AN AMENDMENT TO THE FINANCING AGREEMENT BY AND AMONG THE ALBANY WATER BOARD, THE CITY OF ALBANY AND THE ALBANY MUNICIPAL WATER FINANCE AUTHORITY RELATING TO CERTAIN CAPITAL PROJECTS AND AUTHORIZING THE EXECUTION AND DELIVERY OF CERTAIN DOCUMENTS BY THE CITY IN CONNECTION WITH THE ISSUANCE OF OBLIGATIONS BY THE ALBANY MUNICIPAL WATER FINANCE AUTHORITY WHEREAS, the Albany Municipal Water Finance Authority (the “Authority”) is undertaking certain capital projects consisting of various water and sewer system improvements (collectively, the “Projects”), as described on “Schedule A” attached hereto; and WHEREAS, the Authority has, by supplemental bond resolutions, each adopted on December 17, 2021 (collectively, the “Bond Resolutions”), authorized the issuance of bonds and notes (collectively, the “Obligations”) by the Authority to finance the Projects; and WHEREAS, pursuant to section 1115-h(1) of the Public Authorities Law of the State of New York (the “Act”), the Albany Water Board (the “Board”), the City of Albany (the “City”), and the Authority have entered into an agreement dated as of October 1, 1987 (the “Financing Agreement”) for the purposes of providing for the construction and financing of certain projects described in Appendix A to the Financing Agreement; and WHEREAS, in connection with the financing of the Projects by the Authority, it is necessary that the City, the Board, and the Authority enter into an amendment of the Financing Agreement to add the description of the Projects to the list of projects to be financed; and WHEREAS, any potential environmental impacts of the undertaking of the Projects have been previously addressed by the Board by resolutions dated November 19, 2021 or by the Authority pursuant to a Consent Order entered into with the New York State Department of Environmental Conservation, and, therefore, no other determination or procedures under the State Environmental Quality Review Act (“SEQR”) are required; and WHEREAS, the Board convened a public hearing pursuant to the requirement of Section 1115-h(4) and Section 1115-h(6) of the Act on July 21, 2022, with notice of such hearing being duly published pursuant to the Act, and such users of the System (as defined in the Financing Agreement) in attendance wishing to be heard were heard at that time; NOW, THEREFORE, BE IT RESOLVED by the Common Council that the Financing Agreement is hereby authorized to be amended to add the Projects described on “Schedule A” to this Resolution; and BE IT FURTHER RESOLVED that the members and officers of the City are hereby authorized and directed for and in the name and on behalf of the City to do all acts and things required and to execute and deliver all such additional certificates and instruments and to do all such further acts and things as may be necessary or in the opinion of the member or officer acting, desirable and proper to effect the purposes of the foregoing Resolution, and the issuance of the bonds, notes or other Obligations of the Authority in furtherance of the Projects contemplated by the amendment of the Financing Agreement is hereby approved; and BE IT FINALLY RESOLVED that this resolution shall take effect immediately. SCHEDULE A DESCRIPTION OF THE PROJECTS Project Name Summary Project Description 1. Combined Sewer Combined sewer overflows (“CSOs”) are point sources subject to the National Project – Phase III Pollutant Discharge Elimination System (“NPDES”) permit requirements, including both technology and water quality based requirements of the Clean Water CWSRF #5402-14-04 Act (“CWA”). The Albany Water Board (“AWB”) is working collaboratively on a regional basis with the Cities of Cohoes, Rensselaer, Troy, Watervliet and the Village of Green Island to reduce combined sewer discharges to receiving waters in order to maintain compliance with the CWA standards (NYS Department of Environmental Conservation (“Department”) Consent Order Case # CO4- 20120911-01); and improve water quality conditions to support recreational activities and development efforts throughout the Capital District. The six communities, often referred to as the Albany Pool Communities (“APCs”), collectively own and operate 92 CSOs that discharge to the Hudson and Mohawk Rivers, and their tributaries. The Albany Pool Combined Sewer Overflow (“CSO”) Long Term Control Plan (“LTCP”) has been developed in accordance with the USEPA CSO Policy and utilizes a regional watershed approach. The Albany Pool CSO LTCP provides for specific Program Definition and Schedule of Compliance under the executed Order on Consent for a defined regional plan (or program) which addresses the CWA water quality standards and requirements. The LTCP utilizes a combination of “grey” and “green” solutions to provide for the improvement of the APCs infrastructure and support the sustainability of these important Capital District communities. The CSO LTCP was approved by the Department in January of 2014. The AWB’s State Pollution Discharge Elimination System (“SPDES”) Permit for the City of Albany’s wastewater system and CSOs hence forth requires the implementation and construction of all projects listed in the executed Order on Consent, and as set forth under the Albany Pool CSO LTCP Program Definition and Schedule of Compliance. The AWB is soliciting project financing and grant funding in support of the implementation of the Albany Pool CSO LTCP under the 2022 Clean Water State Revolving Fund (“CWSRF”) and New York State Water Infrastructure Improvement Act (“WIIA”) Programs. Specifically, the financing and grant applications seek funding assistance in regard to the planning, design, implementation and/or construction of the defined program requirements for the last remaining five-year tranche, or for the period from 2023 to 2027. Projects which are defined in the Schedule of Compliance within this time period include, but are not specifically limited to, the following: • BMP-11: Remove Liberty Overflow, City of Albany - The project will provide for the elimination of CSO 015 resulting in a reduction in annual CSO volumes and reduced impacts to the Hudson River. • BMP-13: Remove Schuyler Overflow, City of Albany - The project will provide for the elimination of CSO 022 resulting in a reduction in annual CSO volumes and reduced impacts to the Hudson River. • SSS-13: Van Buren Street Stream Separation, City of Troy – The project diverts an unnamed stream from the CSS, thereby removing inflow to increase conveyance capacity and reduce the frequency and volume of CSOs. • SSS-14: Manor Avenue Sewer Rehabilitation, City of Cohoes – The project entails sewer separation and rehabilitation work along Manor Avenue resulting in a reduction in stormwater flows and infiltration, thereby reserving conveyance capacity and reducing the frequency and intensity of CSO events. • STCF-04: “Little C” Floatable Control Facility, City of Cohoes – The project will serve to collect floatable debris and materials associated with the “Little C” outfall discharging to the Mohawk River. • TE-03: Cross Street Trunk Sewer Rehabilitation Phase II, City of Troy – The project involves the replacement and/or rehabilitation of the sewer in the vicinity of Upper Campbell Avenue to reduce I&I, thereby reserving conveyance capacity and reducing the frequency and intensity of CSO events. Additional costs incurred during this period will also include those associated with the implementation of the required program elements and administration fees; as well as technical, legal, and financial support or special counsel necessary for the implementation of the CSO LTCP. While a Schedule of Compliance is detailed within the executed Order on Consent, the APCs must reserve the ability to re- prioritize program elements or projects in order to pursue specific grant and funding opportunities; and/or as specifically directed by the Department under any modifications to the Order on Consent. As such, any costs incurred which specifically support the implementation of the Albany Pool CSO LTCP shall be eligible for coverage under this resolution; as specifically agreed upon by the APCs and/or as mandated by the Department. 2. Beaver Creek Flow The Albany Water Board (“AWB”) is soliciting project financing and grant funding Management and in support of the Beaver Creek Flow Management and Inflow Reduction Project Inflow Reduction under the 2022 Clean Water State Revolving Fund (“CWSRF”) and New York State Project Water Infrastructure Improvement Act (“WIIA”) Programs. Specifically, the financing and grant applications seek funding assistance in regard to the planning, CWSRF #5402-18-00 design, implementation and/or construction of the Project. Proposed improvements will achieve a 10.6 million gallon reduction in the untreated overflow volumes on an average annual basis. The Project will include the modernization of the flow controls within the “Big C” regulator to optimize the management of wet weather flows. The new flow controls will operate based upon flow conditions at the Beaver Creek Satellite Treatment Facility as well as the real-time conditions within the Hudson River Interceptor Sewer (“HRIS”). The project will also include measures to prevent inflow from the Hudson River, during periods of high river stages and estuary tidal surges. The Preferred Alternative proposes to utilize a stainless steel in-line flap gate system which will be designed to provide adequate backflow prevention of river waters while also minimizing headloss and enhancing flow properties through the gates. An in-line application of this technology will allow for a cost-effective solution; and will provide enhanced access for inspection and maintenance of the tide gates. The reduction of Hudson River inflows through the CSO during high river stages will provide additional capacity within the HRIS and reduce the treatment of river inflows at the Albany County Water Purification District’s South Wastewater Treatment Plant. The Project will effectively serve to protect, preserve, and enhance surface water quality in the Hudson River; and support additional recreational activities and development efforts. 3. Academy Road The Albany Water Board (“AWB”) is soliciting project financing and grant funding Constructed in support of the Academy Road Constructed Wetlands Project under the 2022 Wetlands Project Clean Water State Revolving Fund (“CWSRF”) and New York State Water Infrastructure Improvement Act (“WIIA”) Programs. Specifically, the financing CWSRF #5402-17-00 and grant applications seek funding assistance in regard to the planning, design, implementation, and construction of the Project. The Project consists of the expansion and conversion of an existing, small stormwater detention basin, located to the north of Hackett Boulevard and to the east of Academy Road and Congregation Beth Emeth, into a constructed wetland area. The constructed wetland will allow the City of Albany Water Department to detain up to 2.9 million gallons or 3-inches of runoff from the surrounding watershed area; thereby increasing the amount of infiltration and evapotranspiration while improving the water quality of the stormwater flows captured. The expanded volume of the constructed wetland will provide a reduction in stormwater runoff that is currently conveyed to the existing combined sewer system; and will serve to abate flooding and surface discharges along the Hackett Boulevard corridor. Providing solutions to abate the existing flooding problems along Hackett Boulevard is a priority for the AWB and City leadership. This project builds upon previous capital investments in the Beaver Creek Sewer District to implement green infrastructure (“GI”) practices in conjunction with the City's "smart wastewater infrastructure system". The project effectively promotes additional GI practices in the collection system to abate flooding along this important transportation corridor; and supports the City's commitment to reduce combined sewer overflows (“CSOs”) under the executed Order on Consent for the Albany Pool CSO Long Term Control Plan. To: Danielle Gillespie, City Clerk From: Brett Williams, Esq., Senior Assistant Corporation Counsel Re: Request for Common Council Legislation Supporting Memorandum Date: July 28, 2022 Sponsor: Frederick RESOLUTION NUMBER 81.82.22R TITLE A RESOLUTION OF THE COMMON COUNCIL APPROVING AN AMENDMENT TO THE FINANCING AGREEMENT BY AND AMONG THE ALBANY WATER BOARD, THE CITY OF ALBANY AND THE ALBANY MUNICIPAL WATER FINANCE AUTHORITY RELATING TO CERTAIN CAPITAL PROJECTS AND AUTHORIZING THE EXECUTION AND DELIVERY OF CERTAIN DOCUMENTS BY THE CITY IN CONNECTION WITH THE ISSUANCE OF OBLIGATIONS BY THE ALBANY MUNICIPAL WATER FINANCE AUTHORITY GENERAL PURPOSE OF LEGISLATION Section 2.1 of the Financing Agreement provides that upon the decision by the Authority and the Board to undertake additional capital projects (the “Additional Projects”), and the determination by the Authority to finance the Additional Projects by the issuance of obligations by the Authority, the Financing Agreement must be amended to include the Additional Projects. As a party to the financing agreement, the City must approve such amendments. NECESSITY FOR LEGISLATION AND ANY CHANGE TO EXISTING LAW Amendments to the Financing Agreement must be approved by resolution of the Common Council. FISCAL IMPACT(S) None. Council Member Robinson introduced the following: Ordinance Number 13.52.22 AN ORDINANCE AUTHORIZING THE SALE TO THE CITY SCHOOL DISTRICT OF ALBANY OF 56 NORTH LARK STREET (TAX MAP PARCEL NUMBER 65.65-4-1) The City of Albany, in Common Council convened, does hereby ordain and enact: Section 1. It is hereby ordered and directed that all the right, title and interest of the City of Albany in and to the 2.0± acre parcel at 56 North Lark Street (tax map parcel number 65.65-4- 1) be sold at private sale pursuant to the provisions of Local Law No. 4 of 1984 to the City School District of the City of Albany. SUBJECT to all easements, restrictions and rights-of-way of record. Section 2. It is hereby determined that the aforesaid property has been abandoned for municipal or public purposes. Section 3. The form, content, terms and conditions of such conveyance shall be approved by the Corporation Counsel and shall be subject to the approval of the Board of Estimate and Apportionment, and if approved by said Board, the Mayor is hereby authorized and directed to execute a proper deed of conveyance for a valuable consideration. Section 4. This ordinance shall take effect immediately. APPROVED AS TO FORM THIS 4TH DAY OF MAY, 2022. _________________________________ Corporation Counsel To: Danielle Gillespie, City Clerk From: Brett Williams, Esq., Senior Assistant Corporation Counsel Re: Common Council Legislation Supporting Memorandum Date: May 4, 2022 Sponsor: Council Member Robinson ORDINANCE NUMBER 13.52.22 TITLE AN ORDINANCE AUTHORIZING THE SALE TO THE CITY SCHOOL DISTRICT OF ALBANY OF 56 NORTH LARK STREET (TAX MAP PARCEL NUMBER 65.65-4-1) GENERAL PURPOSE OF LEGISLATION For many years, the Albany City School District was controlled, and its property was owned by, the City of Albany. When the School District became independent it took title to many of its properties, as it ought to have. However, whether on purpose or inadvertently, it seems that the City retained title to certain properties used and operated by the independent School District, while the status of some other properties remains unclear. This ordinance and the transfer it approves are part of a broader effort that will occur over the coming months to clarify the School District’s title to a number of properties it has used and operated for many years. Once approved, the City will deed its interest in the subject property over to the School District by quitclaim deed. The form, content, terms and conditions of the conveyance, once authorized, will be approved by the Corporation Counsel. NECESSITY FOR LEGISLATION AND ANY CHANGE TO EXISTING LAW Under Local Law 4 of 1984, the sale of City-owned property requires Council approval by a three- fourths majority vote. This is accomplished by ordinance. SPECIFICS OF REAL PROPERTY SALE OR ACQUISITION This particular property, 56 North Lark Street (tax map no. 65.65-4-1), commonly referred to as 50 North Lark Street, is a roughly 2 acre parcel on which sits a building formerly occupied by the New Covenant Charter School. Currently, the City of Albany owns the land on which the building sits, but not the building itself. The building is owned by the School District, which leases the land on which the building sits from the City through a ground lease. Transfer of the City’s interest in the property to the School District will unite both land and improvements under School District ownership. FISCAL IMPACT(S) The City will not seek any remuneration from the School District, which has owned, operated, and maintained the improvements on the property for many years. GRANT OF EASEMENT CITY OF ALBANY of 24 Eagle Street, Albany, New York 12207 (hereinafter referred to as “Grantor”), for consideration of One Dollar ($1.00), and other valuable considerations paid, the receipt and sufficiency of which are hereby acknowledged under seal, hereby grants to NIAGARA MOHAWK POWER CORPORATION, a New York corporation, having an address at 300 Erie Boulevard West, Syracuse, New York 13202 and VERIZON NEW YORK INC., having an address of 140 West Street, New York, New York 10007 (hereinafter collectively referred to as “Grantees”), for Grantees and their lessees, licensees, successors, and assigns, the perpetual right and easement as described in Section 1 below (the “Easement”) in, under, through, over, across, and upon the Grantor’s land, as described in Section 2 below (the “Grantor’s Land”). Section 1 – Description of the Easement. The “Easement” granted by the Grantor to the Grantees consists of a perpetual easement and right-of-way, with the right, privilege, and authority to: a. Construct, reconstruct, relocate, extend, repair, maintain, operate, inspect, patrol, and, at its pleasure, abandon or remove underground electric and communication facilities including a line or lines of wires or cables (either direct-buried or installed in underground conduits), handholes, manholes, conduit, vaults, junction boxes, pad-mount transformers, housings, connectors, switches and switching equipment, pipes, pedestals, closures, ducts and duct work, markers, cables, connections to overhead and underground lines, insulators, transformers, braces, fittings, foundations, anchors, lateral service lines, communications facilities, and other fixtures and appurtenances (collectively, the “Facilities”), which the Grantees shall require now and from time to time, for the transmission and distribution of high and low voltage electric current and for the transmission of intelligence and communication purposes, by any means, whether now existing or hereafter devised, for public or private use, in, upon, over, under, and across that portion of the Grantor’s Land described in Section 3 below (the “Easement Area”), and the highways abutting or running through the Grantor’s Land, and to renew, replace, add to, and otherwise change the Facilities and each and every part thereof and the location thereof within the Easement Area, and utilize the Facilities within the Easement Area for the purpose of providing service to the Grantor and others; b. From time to time, without further payment therefor, clear and keep cleared, by physical, chemical, or other means, the Easement Area of any and all trees, vegetation, roots, aboveground or belowground structures, improvements, or other obstructions and trim and/or remove other trees, roots and vegetation adjacent to the Easement Area that, in the opinion of one or both of the Grantees, may interfere with the construction, operation, and maintenance of the Facilities. The first clearing may be for less than the full width and may be widened from time to time to the full width; c. Excavate or change the grade of the Grantor’s Land as is reasonable, necessary, and proper for any and all purposes described in this Section 1; provided, however, that the Grantees will, upon completion of their work, backfill and restore any excavated areas to reasonably the same condition as existed prior to such excavation; and d. Pass and repass along the Easement Area to and from the adjoining lands and pass and repass over, across, and upon the Grantor’s Land to and from the Easement Area, and construct, reconstruct, relocate, use, and maintain such footbridges, causeways, and ways of access, if any, thereon, as is reasonable and necessary in order to exercise to the fullest extent the Easement. Section 2 – Description of Grantor’s Land. The “Grantor’s Land” is described in the Code of the City of Albany, Section 251-14.1(B) – Lincoln Park-Beaver Creek Clean River Project [Added 6-30-2021 by L.L. No. 9-2021 (K-2021)] and consists of land described as being part of Tax Parcel No. 76.10-1-3 of the City of Albany, County of Albany, New York, commonly known as 6 Dr. Martin Luther King Jr. Blvd. Section 3 – Location of the Easement Area. The “Easement Area” shall consist of a portion of the Grantor’s Land 20 feet in width throughout its extent, the centerline of the Easement Area being the centerline of the Facilities. The general location of the Easement Area is shown on the sketch entitled, “Work Request #30621565” which sketch is attached hereto as Exhibit A and recorded herewith, copies of which are in the possession of the Grantor and the Grantees. The final and definitive location(s) of the Easement Area shall become established by and upon the final installation and erection of the Facilities by the Grantees in substantial compliance with Exhibit A hereto. Section 4 – Facilities Ownership. It is agreed that the Facilities shall remain the property of the Grantees, its successors and assigns. Section 5 – General Provisions. The Grantor, for itself, its heirs, legal representatives, successors, and assigns, hereby covenants and agrees with the Grantees that no act will be permitted within the Easement Area which is inconsistent with the Easement hereby granted; no buildings or structures, or replacements thereof or additions thereto, swimming pools, or obstructions will be erected or constructed above or below grade within the Easement Area; no trees shall be grown, cultivated, or harvested, and no excavating, mining, or blasting shall be undertaken within the Easement Area without the prior written consent of the UG E & T Dist Easement WR# 30-22-30621565(7101) Grantees, it being the intent that the Easement herein conveyed is intended to prohibit the longitudinal or parallel use or occupancy of said Easement Area by surface or subsurface activities or structures which might damage or interfere with the Facilities; the Easement shall not be modified nor the Easement Area relocated by the Grantor without the Grantees’ prior written consent; the present grade or ground level of the Easement Area will not be changed by excavation or filling; the Grantees shall quietly enjoy the Grantor’s Land; and the Grantor will forever warrant title to the Grantor’s Land. The Grantees, their successors and assigns, are hereby expressly given and granted the right to assign this Easement, or any part thereof, or interest therein, and the same shall be divisible between or among two or more owners, as to any right or rights created hereunder, so that each assignee or owner shall have the full right, privilege, and authority herein granted, to be owned and enjoyed either in common or severally. This Grant of Easement shall at all times be deemed to be and shall be a continuing covenant running with the Grantor’s Land and shall inure to and be binding upon the successors, heirs, legal representatives, and assigns of the parties named in this Grant of Easement. IN WITNESS WHEREOF, the Grantor has duly executed this Grant of Easement under seal this _________ day of _______________________, 20____. CITY OF ALBANY By:__________________________________________(L.S.) Title:_________________________________________ State of __________________ County of _________________ On the ____ day of ____________________ in the year 20___, before me, the undersigned, personally appeared _____________________________________________ , personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies), and that by his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument. __________________________________________ Notary Public Complete for ALL Grantors: Please print name and address of Grantor(s) (If Grantor is other than an individual(s), print name and address of Company and include name and title of signer): Name(s): Address: 24 Eagle Street Company: City of Albany City/Village/Town: Albany Title: State: NY Zip Code: 12207 PLEASE RECORD & RETURN TO: National Grid Attention: Halina Gajewski, Supervisor Right of Way & Survey Engineering 1125 Broadway Albany, NY 12204 WR# 30-22-30621565(7101) 2 EASEMENT WR# 30621565 EASEMENT SKETCH – EXHIBIT A NOT TO SCALE Sketch for the Proposed Installation Work Request # on Lands N/F of Designer: Machabee, Dan. City of Albany 30-22-30621565 6 Dr. Martin Luther King Jr Blvd. Date: 08/01/2022 City of Albany County of Albany Tax ID# 76.10-1-3 AGENDA FOR THE REGULAR MEETING OF THE ALBANY COMMON COUNCIL Monday, August 15, 2022 The Common Council meets the first and third Monday of each month at 7:00 p.m. (note: when Monday falls on a legal holiday or day of special observance, the Council meeting is ordinarily moved to the following Thursday). This meeting will be held in the Common Council Chambers in City Hall and live streamed on Facebook. If we experience any technical difficulties on Facebook, the video will be streamed to YouTube. For more information on how to be heard please visit our website. If you wish to speak during the meeting or provide written comments, they must be received by 12noon on the day of the meeting. All comments are memorialized on our Facebook page, website, and are subject to FOIL. ORDER OF BUSINESS: Roll Call Welcome Pledge of Allegiance Moment of Silence Public Hearings Public Comment Period (30 Minutes) Approval of Minutes from Previous Meetings Consideration of Local Laws Communications from the Mayor, Department Heads and other City Officials Consideration of Vetoes Presentation of Petitions and Communications Reports of Standing Committees Reports of Ad Hoc Committees Consideration of Ordinances Consideration of Resolutions Additional Public Comment (30 Minutes) Miscellaneous or Unfinished Business Adjournment 1 LOCAL LAWS INTRODUCED 2 LOCAL LAWS HELD 1. Johnson LOCAL LAW C-2022 A LOCAL LAW AMENDING CHAPTER 42 (DEPARTMENTS AND COMMISSIONS) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO CREATING A PUBLIC SAFETY COMMISSION *Referred to Public Safety* 2. Hoey LOCAL LAW F of 2022 A LOCAL LAW AMENDING PART 3 (DEPARTMENT OF PUBLIC SAFETY) OF CHAPTER 42 (BOARDS AND COMMISSIONS) OF THE CODE OF THE CITY OF ALBANY *Referred to Public Safety* 3. Planning LOCAL LAW G OF 2022 A LOCAL LAW AMENDING PART 4 (HISTORIC RESOURCES COMMISSION), PART 13 (PLANNING BOARD OF CITY OF ALBANY), AND PART 35 (BOARD OF ZONING APPEALS) OF CHAPTER 42 (DEPARTMENTS AND COMMISSIONS) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO REDUCING THE SIZE OF THE HISTORIC RESOURCES COMMISSION AND AUTHORIZING THE APPOINTMENT OF ALTERNATE MEMBERS TO THE HISTORIC RESOURCES COMMISSION, CITY PLANNING BOARD, AND BOARD OF ZONING APPEALS *Referred to Planning, Economic Development, and Land Use Committee* 4. Romero LOCAL LAW H of 2022 A LOCAL LAW AMENDING CHAPTER 231 (HOUSING) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO CREATING A PUBLIC CODE VIOLATION DATABASE *Referred to Law, Buildings and Code Enforcement Committee* 5. 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 3 6. Romero LOCAL LAW J of 2022 A LOCAL LAW AMENDING ARTICLE VIIB (ALBANY POLICE DEPARMENT INTERACTIONS) OF PART 1 (DEPARTMENT OF POLICE) OF CHAPTER 42 (DEPARTMENTS AND COMMISSION) OF THE CODE OF THE CITY OF ALBANY IN REALTION TO PROHIBITING THE ALBANY POLICE DEPARMENT FROM PURCHASING, STOCKPILING, AND USING KINETIC ENERGY MUNITIONS *Referred to Public Safety Committee* 7. Romero LOCAL LAW K of 2022 A LOCAL LAW AMENDING ARTICLE VIIB (ALBANY POLICE DEPARMENT INTERACTIONS) OF PART 1 (DEPARTMENT OF POLICE) OF CHAPTER 42 (DEPARTMENTS AND COMMISSION) OF THE CODE OF THE CITY OF ALBANY IN REALTION TO PROHIBITING THE ALBANY POLICE DEPARMENT FROM PURCHASING, STOCKPILING, AND USING CHEMICAL WEAPONS *Referred to Public Safety Committee* 4 ORDINANCES INTRODUCED 18.82.22 AN ORDINANCE AUTHORIZING AND DIRECTING THE GRANT TO NATIONAL GRID OF AN EASEMENT OVER A PORTION OF CITY- OWNED PROPERTY WITHIN LINCOLN PARK AT THE BEAVER CREEK SATELLITE FACILITY FOR THE INSTALLATION OF A TRANSFORMER AND ELECTRICAL LINE 5 ORDINANCES HELD 1. Balarin Ordinance 4.21.22 AN ORDINANCE AMENDING CHAPTER 375 (UNIFIED SUSTAINABLE DEVELOPMENT ORDINANCE) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO INCREASING THE AFFORDABLE HOUSING REQUIREMENT IN NEW DEVELOPMENTS *Referred to Planning, Economic Development and Land Use* 2. Robinson Ordinance 13.52.22 AN ORDINANCE AUTHORIZING THE SALE TO THE CITY SCHOOL DISTRICT OF ALBANY OF 56 NORTH LARK STREET (TAX MAP PARCEL NUMBER 65.65-4-1) 3. 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 and Code Enforcement Committee* 4. Kimbrough Ordinance 17.81.22 AN ORDINANCE AUTHORIZING AND DIRECTING THE GRANT TO 1053 BREWING, LLC, OF AN EASEMENT IN THE CITY OF ALBANY OVER A PORTION OF THE CITY REIGHT-OF-WAY OF BRIDGE STREET FOR THE CONSTRUCTION AND MAINTENANCE OF AN ADA COMPLIANT RAMP AND DECT AT DRUTHERS BREWING COMPANY *Referred to Finance, Assessment, and Taxation Committee* 6 RESOLUTIONS INTRODUCED 81.82.22R A RESOLUTION OF THE COMMON COUNCIL APPROVING AN AMENDMENT TO THE FINANCING AGREEMENT BY AND AMONG THE ALBANY WATER BOARD, THE CITY OF ALBANY AND THE ALBANY MUNICIPAL WATER FINANCE AUTHORITY RELATING TO CERTAIN CAPITAL PROJECTS AND AUTHORIZING THE EXECUTION AND DELIVERY OF CERTAIN DOCUMENTS BY THE CITY IN CONNECTION WITH THE ISSUANCE OF OBLIGATIONS BY THE ALBANY MUNICIPAL WATER FINANCE AUTHORITY 7 RESOLUTIONS HELD 1. Hoey Resolution 13.21.22R A RESOLUTION OF THE COMMON COUNCIL REQUESTING THE ALBANY WATER BOARD TO FLOURINATE THE WATER OF THE CITY OF ALBANY *Referred to General Services, Health & Environment Committee* 2. Hoey Resolution 14.21.22R A RESOLUTION OF THE COMMON COUNCIL EXPRESSING ITS DESIRE TO CREATE A BIKE/WALKING TRAIL ALONG THE NEW YORK STATE THRUWAY *Referred to Parks, Recreation, and Family Service* 3. Love Resolution 72.72.22R A RESOLUTION OF THE COMMON COUNCIL HONORING PHILLIP MOORE, THE OWNER/OPERATOR OF THE SILVER SLIPPER, AND RENAMING A PORTION OF ORANGE STREET IN HIS HONOR *Referred to General Services, Health and Environment Committee* 4. Kimbrough Resolution 74.72.22R A RESOLUTION OF THE COMMON COUNCIL ESTABLISHING STANDARD WORK DAYS FOR THE COMMON COUNCIL AS REQUIRED BY REGULATION 315.4 OF THE NEW YORK STATE COMPTROLLER EFFECTIVE AUGUST 12, 2009 8