1. Active Calendar 1.I. September 7, 2023 | Active Calendar Documents: ACTIVE CALENDAR SEPTEMBER 7 2023.PDF 2. Supporting Legislation 2.I. September 7, 2023 | Supporting Legislation Documents: SEPTEMBER 7, 2023.PDF 2.II. September 7, 2023 | Active Legislation Documents: 230923 ACTIVE LEGISLATION.PDF 3. Minutes 4. Majority Consent (MC) 5. Supporting Document 6. Written Comment 7. Amended Legislation 8. Meeting Agenda 8.I. September 7, 2023 | Agenda Documents: 23 AGENDA 0907.PDF Page 1 of 2 Albany Common Council Active Calendar Meeting of Thursday September 7, 2023 (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 (b) 28.62.23 9 Keegan AN ORDINANCE AMENDING CHAPTER 313 (SOLID WASTE) OF THE CODE OF THE CITY OF ALBANY BY ADDING A PERMITING SYSTEM FOR COMMERCIAL HAULERS OF SOLID WASTE Resolutions Introduced (a) 90.91.23R N/A All A RESOLUTION OF THE COMMON COUNCIL CELEBRATING SEPTEMBER 4, 2023 AS LABOR DAY Resolutions Introduced (a) 91.91.23R N/A Kimbrough A RESOLUTION OF THE COMMON COUNCIL RECOGNIZING SEPTEMBER AS SUICIDE AWARENESS MONTH IN THE CITY OF ALBANY Resolutions Introduced (a) 92.91.23R N/A Robinson A RESOLUTION OF THE COMMON COUNCIL ENCOURAGING THE CITY OF ALBANY TO SEEK ENVIRONMENTAL BOND ACT FUNDING FOR THE PATROON CREEK GREENWAY Resolutions Introduced (a) 93.91.23R N/A Romero A RESOLUTION OF THE COMMON COUNCIL RECOGNIZING AUGUST 31, 2023 AS INTERNATIONAL OVERDOSE AWARENESS DAY AND SEPTEMBER 13 AS NEW YORK’S STATEWIDE OVERDOSE AWARENESS DAY Resolutions Introduced (a) 94.91.23R N/A Balarin A RESOLUTION OF THE COMMON COUNCIL Page 2 of 2 RECOGNIZING HISPANIC HERITAGE MONTH AND CELEBRATING THE HERITAGE AND CULTURE OF LATINOS IN THE UNITED STATES AND THE IMMENSE CONTRIBUTIONS OF LATINOS TO THE UNITED STATES Resolutions Held (b) 88.82.23R 8 Flynn A RESOLUTION OF THE COMMON COUNCIL ENCOURAGING THE PUBLIC TO REFRAIN FROM GIVING MONEY DIRECTLY TO INDIVIDUALS SEEKING MONEY FROM OTHERS (a) Pending Discussions at Caucus on Wednesday, August 30, 2023 @ 5:30pm IN PERSON in the Council Chamber, 2nd Floor, City Hall (b) Pending discussions at General Services, Health and Environment Committee Meeting, Tuesday, September 5, 2023 @ 5:30pm IN PERSON in the Council Chamber, 2nd Floor, City Hall (8/25/2023) COMMON COUNCIL OF THE CITY OF ALBANY SUPPORT LEGISLATION SEPTEMBER 7, 2023 RESOLUTIONS 90.91.23R A RESOLUTION OF THE COMMON COUNCIL CELEBRATING SEPTEMBER 4, 2023 AS LABOR DAY 91.91.23R A RESOLUTION OF THE COMMON COUNCIL RECOGNIZING SEPTEMBER AS SUICIDE AWARENESS MONTH IN THE CITY OF ALBANY 92.91.23R A RESOLUTION OF THE COMMON COUNCIL ENCOURAGING THE CITY OF ALBANY TO SEEK ENVIRONMENTAL BOND ACT FUNDING FOR THE PATROON CREEK GREENWAY 93.91.23R A RESOLUTION OF THE COMMON COUNCIL RECOGNIZING AUGUST 31, 2023 AS INTERNATIONAL OVERDOSE AWARENESS DAY AND SEPTEMBER 13 AS NEW YORK’S STATEWIDE OVERDOSE AWARENESS DAY 94.91.23R A RESOLUTION OF THE COMMON COUNCIL RECOGNIZING HISPANIC HERITAGE MONTH AND CELEBRATING THE HERITAGE AND CULTURE OF LATINOS IN THE UNITED STATES AND THE IMMENSE CONTRIBUTIONS OF LATINOS TO THE UNITED STATES Council Members Adams, Anane, Balarin, Clarke, Farrell, Flynn, Frederick, Hoey, Johnson, Keegan, Kimbrough, Love, Robinson, Romero and Zamer introduced the following: RESOLUTION NUMBER 90.91.23R A RESOLUTION OF THE COMMON COUNCIL CELEBRATING SEPTEMBER 4, 2023 AS LABOR DAY WHEREAS, the American working class, having experienced the drudgery of day-to-day labor and reeling from the Industrial Revolution’s effects on the mind and body, sought a day for rest from the shop floors and festivities with likeminded laborers around September; and WHEREAS, the initial founding of the holiday is in dispute, with both Peter J. McGuire and Matthew Maguire sharing the claim to fame, but what is not in dispute is the role of their unions and participating labor in promoting and celebrating the holiday; and WHEREAS, the Central Labor Union organized a Labor Day celebration and parade on September 5, 1882 and proceeded to organize similar festivities the following year; and WHEREAS, thirty states had established Labor Day as a holiday by 1894 and Congress would follow shortly, establishing a federal Labor Day for the first Monday of September; and WHEREAS, Labor Day on the national level applied solely to federal workers and it was through concerted union efforts to establish Labor Day as a wider holiday through one-day strikes and other action that it grew to cover broader employment; and WHEREAS, Labor Day now not only honors those past struggles, but acknowledges the present endeavors of workers across diverse sectors – from education to healthcare, construction to technology, and a wide variety of fields in between; and WHEREAS, those present endeavors are exemplified by the City of Albany boasting the highest overall share of union-represented workers in the country and a higher-than-the-national- average share of private sector unionization with great potential to grow; and WHEREAS, this diverse workforce in the City of Albany, through their hard work, dedication, and perseverance across all forms of employment, embodies the American spirit and ensures the provision of a fair day’s wage for a fair day’s work; and NOW, THEREFORE, BE IT RESOLVED, that the Common Council of the City of Albany remains committed to efforts by workers in the City to share in the rich history of Labor Day by connecting with their fellow workers, considering unionization, and finding time to rest to recover from their workdays; and BE IT FURTHER RESOLVED, that the Common Council of the City of Albany celebrates September 4, 2023 as Labor Day. To: Shaniqua Jackson, Acting City Clerk From: Bryan Jimenez, Senior Legislative Aide Re: Common Council Legislation Supporting Memorandum Date: August 23, 2023 Sponsor: Council Members Adams, Anane, Balarin, Clarke, Farrell, Flynn, Frederick, Hoey, Johnson, Keegan, Kimbrough, Love, Robinson, Romero and Zamer RESOLUTION NUMBER 90.91.23R TITLE A RESOLUTION OF THE COMMON COUNCIL CELEBRATING SEPTEMBER 4, 2023 AS LABOR DAY GENERAL PURPOSE OF LEGISLATION To recognize the importance of the City of Albany workforce and celebrate it in relation to Labor Day. NECESSITY FOR LEGISLATION AND ANY CHANGE TO EXISTING LAW N/A. FISCAL IMPACT None. Council Member Kimbrough introduced the following: Resolution Number 91.91.23R A RESOLUTION OF THE COMMON COUNCIL RECOGNIZING SEPTEMBER AS SUICIDE AWARENESS MONTH IN ALBANY WHEREAS, the every year, thousands of individuals, across all walks of life, are tragically affected by suicide, an issue of paramount public health concern; and WHEREAS, the community of Albany, New York, is not immune to the profound and devastating impacts of suicide, which touches the lives of our neighbors, friends, families, and colleagues; and WHEREAS, the observance of Suicide Awareness Month provides an opportunity for our community to come together, share resources, stories, and experiences, to destigmatize conversations around the issue, and to promote understanding, compassion, and support for those affected by suicide, both personally and through the suicide of a friend or loved one; and WHEREAS, it is crucial that we actively work towards a community where individuals feel safe seeking help, where they know they are not alone, and where mental health is valued as much as physical health; and WHEREAS, Albany's mental health professionals, educators, public service personnel, and countless community organizations and advocates work tirelessly to provide support, counseling, intervention, and outreach to those in crisis and to their loved ones; and WHEREAS, by promoting awareness and providing education about warning signs, risk factors, and resources available, we can empower our community to take action, potentially saving lives and making a difference; and WHEREAS, it is not always obvious who is and is not in pain and in need of help; NOW, THEREFORE, BE IT RESOLVED that the Common Council of the City of Albany recognizes September as Suicide Awareness Month in the City of Albany; and BE IT FURTHER RESOLVED that all residents are encouraged to learn more about the significance of this issue, to reach out to those in need, to offer a listening ear, to support local initiatives and organizations dedicated to suicide prevention, and to remember and honor the lives lost to suicide. To: Shaniqua Jackson, Acting City Clerk From: Jake Eisland, Esq., Research Counsel Re: Request for Common Council Legislation Supporting Memorandum Date: August 23, 2023 Sponsor: Council Member Kimbrough RESOLUTION NUMBER 91.91.23R TITLE A RESOLUTION OF THE COMMON COUNCIL RECOGNIZING SEPTEMBER AS SUICIDE AWARENESS MONTH IN ALBANY GENERAL PURPOSE OF LEGISLATION To recognize September as Suicide Awareness Month. FISCAL IMPACT(S) None. Council Members Robinson, Balarin, Clarke, Kimbrough, Keegan, and Love introduced the following: Resolution Number 92.91.23R A RESOLUTION IN ENCOURAGING THE CITY OF ALBANY TO SEEK ENVIRONMENTAL BOND ACT FUNDING FOR THE PATROON CREEK GREENWAY WHEREAS, the Albany Bicycle Coalition promotes bicycling in the Capital Region, which enhances the quality of life, and encourages an attractive, multi-modal vibrant community; and WHEREAS, the Albany Bicycle Coalition advocates for protected, buffered and conventional bicycle lanes, multi-use paths, way-finding signage, improved road surfaces and safe drainage grates, bike share, traffic calming, education for people in cars, on bicycles or on foot, and bicycle parking/racks and repair/air stations; and WHEREAS, the Albany Bicycle Coalition supports the development of the Patroon Creek Greenway project; and WHEREAS, the recently passed Clean Water, Clean Air, and Green Jobs Environmental Bond Act (Environmental Bond Act) provides for unprecedented funding opportunities for projects such as multi-use paths, which will enhance the quality of life for Albany residents and visitors; and WHEREAS, Environmental Bond Act funding should be used to fund greenway trail development; and WHEREAS, the Albany Bicycle Coalition supports any and all endeavors that may be taken to secure Environmental Bond Act funding for the Patroon Creek Greenway project; and WHEREAS, modern greenway trails are resilient to climate change, enable zero carbon active transportation options, and provide alternative routing during emergencies; and; WHEREAS, greenway trails create opportunities for recreation, economic development, and conservation; and WHEREAS, the Patroon Creek Greenway project is a perfect example of such an undertaking, well along in its development, tightly integrated with the active mobility plans of Albany, and recognized as being a cost-effective asset for and connector of our various communities; and WHEREAS, the Patroon Creek Greenway feasibility study was completed in September of 2022 in coordination with the Capital District Transportation Committee and the City of Albany; and WHEREAS, the Patroon Creek Greenway will positively impact previously redlined communities in West Hill, Arbor Hill and the South End; and WHEREAS, West Hill, Arbor Hill, and the South End have been disproportionately impacted by Interstate 787, Interstate 90, and the Empire State Plaza arterial by their elimination of housing, economic opportunities, air and noise pollution, and traffic violence; and WHEREAS, our previously redlined communities are least likely to own motor vehicles and most likely to rely on multi-modal transit to navigate through our communities; and WHEREAS, the Patroon Creek Greenway project plan encompasses the priorities of the Environmental Bond Act as a project that advances environmental justice, mitigates climate change, creates jobs, and protects our natural resources; NOW, THEREFORE, BE IT RESOLVED that the Albany Common Council supports the pursuit of Environmental Bond Act funding for the purposes of completing the Patroon Creek Greenway project; and BE IT FURTHER RESOLVED that the Albany Common Council recognizes the Albany Bicycle Coalition’s advocacy on behalf of the Patroon Creek Greenway project; and BE IT EVEN FURTHER RESOLVED that a copy of this resolution be provided to City of Albany Mayor Kathy Sheehan, State Assemblywoman Patricia Fahy, State Senator Neil Breslin, Capital District Transportation Committee Executive Director Sandra Misiewicz AICP, NYS Department of Environmental Conservation Commissioner Basil Seggos, NYS Parks, Recreation and Historic Preservation Commissioner Erik Kulleseid, President and Chief Executive Officer NYS Environmental Facilities Corporation Maureen A. Coleman Esq, NYS Secretary of State Robert Rodriguez, NYS Department of Agriculture and Markets Commissioner Richard A. Ball, NYS Department of Transportation Commissioner Ydanis Rodriguez, NYS Energy Research Development Authority President and Chief Executive Officer Doreen M. Harris, NYS Office of Resilient Homes and Community Renewal Executive Director Katie Brennan, NYS Office of General Services Commissioner Jeannette M. Moy, and NYS Adirondack Park Agency Executive Director Barbara Rice. To: Shaniqua Jackson, Acting City Clerk From: Jake Eisland, Esq., Research Counsel Re: Request for Common Council Legislation Supporting Memorandum Date: August 24, 2023 Sponsor: Council Members Robinson, Balarin, Clarke, Kimbrough, Keegan, and Love RESOLUTION NUMBER 92.91.23R TITLE A RESOLUTION OF THE COMMON COUNCIL ENCOURAGING THE CITY OF ALBANY TO SEEK ENVIRONMENTAL BOND ACT FUNDING FOR THE PATROON CREEK GREENWAY GENERAL PURPOSE OF LEGISLATION To express support for the Patroon Greenway Project and the Albany Bicycle Coalition’s effort to secure funding. FISCAL IMPACT(S) None. Council Member Romero introduced the following: Resolution Number 93.91.23R A RESOLUTION OF THE COMMON COUNCIL RECOGNIZING AUGUST 31, 2023 AS INTERNATIONAL OVERDOSE AWARENESS DAY AND SEPTEMBER 13 AS NEW YORK’S STATEWIDE OVERDOSE AWARENESS DAY WHEREAS, every year, countless lives are lost to drug overdoses, a tragedy that impacts families, friends, and communities both locally and globally; and WHEREAS, the City of Albany acknowledges the profound heartbreak and despair caused by drug-related harms and the importance of remembering those who have lost their lives or suffered permanent injury due to drug overdose; and WHEREAS, recognizing and raising awareness about the global problem of drug overdose and the preventable nature of many such incidents can foster change, reduce the stigma surrounding drug-related deaths, and create a supportive environment for those affected; and WHEREAS, August 31st is globally recognized as "International Overdose Awareness Day", a day dedicated to raising awareness, promoting understanding, and advocating for evidence-based interventions that can save lives; and WHEREAS, September 13, 2023 will be New York’s third annual statewide overdose awareness day, which honors the lives of individuals lost to overdose and recognizes people, providers and programs working to reduce stigma and overdose in New York State; and WHEREAS, the City of Albany believes in the importance of community-based efforts, harm reduction strategies, and continuous education to reduce the incidence of drug overdoses; and WHEREAS, it is essential to foster an atmosphere of support for those currently struggling with substance abuse, as well as their loved ones, by promoting resources and services available within our community; NOW, THEREFORE, BE IT RESOLVED, that the Common Council of the City of Albany honors those we have lost to overdose and extends its deepest sympathies to families and friends who have experienced such a loss, while reaffirming its commitment to working collectively to prevent further tragedies; and BE IT FURTHER RESOLVED that the Common Council encourages all Albany residents, businesses, and community organizations to participate in and support activities that raise overdose awareness and education, such as Albany County’s Free Opioid Overdose Prevention Training at the County Health Building on November 7th. To: Shaniqua Jackson, Acting City Clerk From: Jake Eisland, Esq., Research Counsel Re: Request for Common Council Legislation Supporting Memorandum Date: August 23, 2023 Sponsor: Council Members Romero RESOLUTION NUMBER 93.91.23R TITLE A RESOLUTION OF THE COMMON COUNCIL RECOGNIZING AUGUST 31, 2023 AS INTERNATIONAL OVERDOSE AWARENESS DAY AND SEPTEMBER 13 AS NEW YORK’S STATEWIDE OVERDOSE AWARENESS DAY GENERAL PURPOSE OF LEGISLATION To recognize the International and Statewide Overdose Awareness Days FISCAL IMPACT(S) None. Council Members Balarin, Frederick and Romero introduced the following: RESOLUTION NUMBER 94.91.23R A RESOLUTION OF THE COMMON COUNCIL RECOGNIZING HISPANIC HERITAGE MONTH AND CELEBRATING THE HERITAGE AND CULTURE OF LATINOS IN THE UNITED STATES AND THE IMMENSE CONTRIBUTIONS OF LATINOS TO THE UNITED STATES WHEREAS, from September 15, 2023 through October 15, 2023, the United States celebrates Hispanic Heritage Month; and WHEREAS, September 15 coincides with the national independence days for many Latin American countries, including Guatemala, El Salvador, Honduras, Nicaragua, and Costa Rica. Mexico’s national independence day follows on the 16th, while Chile’s occurs on the 18th, and Belize’s is on the 21st; and WHEREAS, as of the 2020 Census, the Bureau of the Census states that the Hispanic or Latino population living in the United States is 62.1 million people, comprising 18.7 percent of the total population of the United States, up from 50.5 million in the 2010 census; and WHEREAS, Arizona, California, Colorado, Florida, Georgia, Illinois, New Jersey, New Mexico, New York, North Carolina, Pennsylvania, and Texas are each home to 1 million or more Hispanic residents, as of 2019; and WHEREAS, the Latino population in the United States is projected to grow to 111,200,00 people by 2060, at which point the Latino population will comprise more than 28 percent of the total population of the United States; and WHEREAS, the Latino population in the United States is currently the third largest population of Latinos worldwide, exceeding the size of the population in every Latin American and Caribbean country except Mexico and Brazil; and WHEREAS, Latinos comprised 62 percent of the total growth in United States voters from 2020 to 2018, culminating in an estimated 34.5 million Latinos eligible to submit their ballots; and WHEREAS, in 2018, the annual purchasing power of Hispanic Americans was an estimated $1.9 trillion, which is an amount greater than the economy of all except 11 countries in the world; and WHEREAS, Hispanic-owned businesses made up about 6.5 percent of all businesses in the United States in 2020, yielding $472.3 billion in annual receipts and employed about 2.9 million employees; and WHEREAS, Latinos are helping to run the economic engine of the United States; in 2021 nearly 1 in 4 new businesses were Hispanic-owned and the nearly five million Hispanic-owned employer businesses contributed over $800 billion to the economy annually; and WHEREAS, the 2023 theme for Hispanic Heritage Month is “Latinos: Driving Prosperity, Power, and Progress in America”; and WHEREAS, a key contributor to advancing the theme is the deep Hispanic American commitment to family and community, the enduring work ethic, and the perseverance to succeed and contribute to society; and WHEREAS, these characteristics are no better showcased than in the attitudes and aspirations of the large groups of asylees being received with open arms by the City of Albany, the vast majority of whom hail from Latin America, who bring with them the remembrance of those they were forced to leave behind and the hopes of being reunited once more; and WHEREAS, dedicated non-profits and volunteers have risen up to the challenge of providing services for these migrants when others, including states like Texas and Florida, have failed them; NOW THEREFORE, BE IT RESOLVED, that the Common Council of the City of Albany hereby recognizes the celebration of Hispanic Heritage Month from September 15, 2023, through October 15, 2023 and esteems the integral role of Latinos and the manifold heritages of Latinos in the economy, culture, and identity of the United States; and BE IT FURTHER RESOLVED, that the Common Council urges the people of the City of Albany to observe Hispanic Heritage Month with appropriate programs and activities that celebrate the contributions of Latinos to the United States; and BE IT EVEN FURTHER RESOLVED that a copy of this resolution, suitably engrossed, be transmitted to Capital District Latinos, the Refugee and Immigrant Support Services of Emmaus, and Albany Law School’s Immigration Law Clinic. To: Shaniqua Jackson, Acting City Clerk From: Bryan Jimenez, Senior Legislative Aide Re: Request for Common Council Legislation Supporting Memorandum Date: August 23, 2023 SPONSOR Council Members Balarin, Frederick & Romero RESOLUTION NUMBER 94.91.23R TITLE A RESOLUTION OF THE COMMON COUNCIL RECOGNIZING HISPANIC HERITAGE MONTH AND CELEBRATING THE HERITAGE AND CULTURE OF LATINOS IN THE UNITED STATES AND THE IMMENSE CONTRIBUTIONS OF LATINOS TO THE UNITED STATES GENERAL PURPOSE OF LEGISLATION To recognize Hispanic Heritage Month. FISCAL IMPACT(S) None. COMMON COUNCIL OF THE CITY OF ALBANY ACTIVE LEGISLATION PREVIOUSLY INTRODUCED LEGISLATION NOW UNDER CONSIDERATION SEPTEMBER 7, 2023 ORDINANCES 28.62.23 AN ORDINANCE AMENDING CHAPTER 313 (SOLID WASTE) OF THE CODE OF THE CITY OF ALBANY BY ADDING A PERMITING SYSTEM FOR COMMERCIAL HAULERS OF SOLID WASTE RESOLUTIONS 88.82.23R A RESOLUTION OF THE COMMON COUNCIL ENCOURAGING THE PUBLIC TO REFRAIN FROM GIVING MONEY DIRECTLY TO INDIVIDUALS SEEKING MONEY FROM OTHERS 1 Council Members Keegan, Flynn Romero, and Zamer introduced the following: ORDINANCE 28.62.23 AN ORDINANCE AMENDING CHAPTER 313 (SOLID WASTE) OF THE CODE OF THE CITY OF ALBANY BY ADDING A PERMITING SYSTEM FOR COMMERCIAL HAULERS OF SOLID WASTE The City of Albany, in Common Council convened, does hereby ordain and enact: Section 1 Chapter 313 (Solid Waste) of Part II (General Legislation) of the Code of the City of Albany is amended by adding a new Article VIII, titled Commercial Hauler Permit to read as follows: §313-60 Purpose The Common Council deems it in the best interest of the citizenry of the City of Albany to formalize the permitting system for commercial haulers of refuse. §313-61 Applications for Commercial Hauler Permit A. A commercial hauler shall be required to obtain from the Department of General Services one permit for each vehicle. B. Commercial haulers depositing solid waste at a City of Albany Landfill shall only deposit solid waste collected within the City of Albany in such landfill and must comply with this chapter. C. Application for permit. (1) A commercial hauler applying for said permit(s) shall fill out and submit an application form to the Department of General Services for approval. (2) Each applicant for such permit(s) shall provide the following information on an application form. The applicant shall answer all questions on the permit application and provide any other information required by any applicable law or ordinance or deemed necessary by the Department of General Services to determine the fitness of the applicant. One application form that provides the following information may be used by applicants who are applying for multiple permits. A list attached to the application identifying each vehicle and/or piece of equipment requiring a permit will be required. (a) The name and address of the applicant and of all persons having a financial interest in the business. (b) A brief description of the vehicles intended to be used within the city, including the manufacturer, factory number, type of body (for example, 2 tank, enclosed pickup, packer, van and so forth), weight of the vehicle unladen, maximum load to be carried, and New York State registration number. (c) The location where the vehicle and container are stored or garaged when not in use. (d) The place or places where the applicant shall dispose of the garbage, refuse, rubbish, trash, recyclables or liquid waste collected and the manner of disposal. (e) Proof of financial responsibility in the event of injury to persons or property by reason of the negligent operation of any vehicle used in the business. C. In addition to providing acceptable answers to the information required to be provided on the application form, the following criteria must be met by applicants for a G-1 permit for a vehicle with a gross maximum vehicle weight of 10 tons or more: (1) Applicants for a license shall possess and, upon request of the designated City official, provide a proposed collection route which shall consist of the following: (a) Two hundred paying customers that are residential houses within the town; (b) Forty paying customers that are commercial stops within the town; (c) Two thousand dollars of receivables (on average) for residential business per month in town; or (d) Six thousand five hundred dollars of receivables (on average) for commercial business per month in town. (2) Every vehicle of 10 or more tons gross maximum vehicle weight used for the collection of solid or liquid waste within the City of Albany shall: (a) Have an enclosed, watertight body or suitable provisions for covering the body. (b) Be kept clean, sanitary and in good working order. (c) Have lettering of contrasting color to the background on the sides of the vehicle indicating the company name with lettering at least six inches high. (d) Have both the vehicle's unladen vehicle weight in pounds, its gross maximum vehicle weight in pounds and its capacity in cubic yards, or, in the case of C-Permit vehicles, its capacity in gallons, displayed on the driver's and passenger's side. 3 D. Fee schedule and expiration of permits. (1) The Commissioner of General Services or their designee shall adopt a schedule of fees for solid waste permits issued pursuant to this article (2) Commercial Hauling Permits shall be valid from July 1 to June 30. No extensions shall be permitted, and permits shall expire at the close of the business on the date indicated. The fee shall not be prorated regardless of the date of purchase. E. Procedure for issuance of permits. The commissioner of the Department of General Services may designate an official or an employee of the Department to review applications for permits, to approve or deny the issuance of these permits or to revoke said permit(s). The issuance of a permit(s) may be denied where one or more of the following grounds is found to exist: (1) The applicant has been found to be unfit and unable to properly perform the service proposed and the applicant is unable to provide sufficient or suitable equipment to meet the requirements of the city. (2) The applicant has failed and/or refused, without reasonable cause, to collect and dispose of solid waste, except in a situation where a contract between the permittee and his customer has been lawfully terminated. (3) The applicant has failed to account for or pay any permit or fees due to the City within 60 days of the fee being imposed. (4) The applicant is insolvent or has made a general assignment for the benefit of creditors or has been adjudged bankrupt or a money judgment has been secured against him upon which an execution has been returned wholly or partly satisfied. (5) The applicant has failed to keep and maintain any records required by the City or has refused to allow the inspection thereof. (6) The applicant has violated any of the provisions of this chapter or has failed to comply with any of the requirements stipulated herein. (7) The applicant has ceased to operate as a commercial solid waste collector for which a permit was previously issued. (8) The applicant has made a false statement in his permit application. (9) The applicant has been found to have collected solid waste from outside the City and to have disposed of the same in a public disposal facility with the City. (10) The applicant has been found to have disposed of waste upon the surface of the 4 ground within the City or within the waterways of the City or in a disposal facility not approved for such use by the New York State Department of Environmental Conservation. (11) The applicant has been found to have violated any of the posted rules pertaining to safe operation of a City-owned landfill. F. With respect to any permit issued by the Department of General Services pursuant to this article, receipt shall be issued with an individual identification number which shall be permanently assigned and displayed on each vehicle. A copy of the receipt shall be kept available within the vehicle for inspection upon demand. G. The permanent permit number shall be printed on the permit. The permit shall be permanently affixed to the window on the driver's side of the vehicle. A new permit may be issued at no cost during the permit period if the original permit becomes illegible or if the vehicle for which it was issued is sold or has its license numbers changed, provided that the original permits are surrendered to the Department of General Services at the time the new permit is issued. §313-62 Revocation of permit. A. A license issued pursuant to this article for the commercial hauling of solid waste may be revoked by the Department of General Services after a hearing where the permit holder was given notice, in writing, served upon the licensee, by mail or otherwise, if the permit holder engaged in one or more of the following: (1) Sixty (60) calendar days have passed since the payment due date set forth on the commercial hauler's billing statement and the commercial hauler has failed to pay in full all of the fees owed to the City pursuant to this chapter. (2) The permit holder has failed to comply with any of the provisions of this article with respect to the collection and disposal of solid waste or that any provision of this article has been violated. (3) The permit holder has made a material misrepresentation upon his application for the permit. (4) The permit holder has violated regulations adopted by the Department of General Services under §313-63. B. A commercial hauler whose permits are revoked shall regain access to the City landfill only after the occurrence of both of the following: (1) The commercial hauler: (a) Has made payment in full of the fees owed to the City pursuant to this 5 chapter; or (b) Has entered into an agreement to pay all of the fees owed to the City pursuant to this chapter and such payment agreement has been accepted by the Department of General Services (2) The commercial hauler has submitted permit applications, paid the required permit amounts and obtained from the Department of General Services new yearly permits pursuant to § 313-61. §313-63 Regulations on Hauling Schedules The Commissioner of General Services may establish rules and regulations necessary to coordinate the dates and geographic areas of permitted hauling schedules. Section 2. This ordinance shall take effect 30 days after enactment. APPROVED AS TO FORM THIS 8TH DAY OF JUNE 2023 _____________________________ Corporation Counsel 6 To: Danielle Gillespie, City Clerk From: Jake Eisland, Esq., Research Counsel Re: Common Council Legislation Supporting Memorandum Date: June 6, 2023 Sponsor: Council Members Keegan, Flynn Romero, and Zamer ORDINANCE 28.62.23 TITLE AN ORDINANCE AMENDING CHAPTER 313 (SOLID WASTE) OF THE CODE OF THE CITY OF ALBANY BY ADDING A PERMITING SYSTEM FOR COMMERCIAL HAULERS OF SOLID WASTE GENERAL PURPOSE OF LEGISLATION This ordinance will create a system for commercial permitting of hauling waste and allow for the Department of General Services to coordinate the time and location of these commercial haulers. NECESSITY FOR LEGISLATION AND ANY CHANGE TO EXISTING LAW By allowing the commissioner to coordinate the locations and schedules of these commercial haulers, there will be fewer days in a particular area where trash is left out on the street, creating a cleaner and healthier Albany. FISCAL IMPACT Creating a system of permits for commercial haulers will bring in revenue to the city. 7 Council Members Flynn, Anane, Balarin, Clarke, Hoey, Keegan, Kimbrough, and Zamer introduced the following, with the support of Council President Ellis, Mayor Sheehan, City Treasurer Shahinfar, and City Auditor Applyrs: RESOLUTION 88.82.23R (Updated 8.21.23) A RESOLUTION OF THE COMMON COUNCIL ENCOURAGING THE PUBLIC TO REFRAIN FROM GIVING MONEY DIRECTLY TO INDIVIDUALS SEEKING MONEY FROM OTHERS WHEREAS, the City of Albany is home to resources that assist those struggling with homelessness, hunger, substance abuse, mental illness, and other difficulties; and WHEREAS, more than 1,500 units of affordable housing have been created or renovated since 2015 however there is still a demand for more, the City is home to hundreds of units of supportive housing with a concentration in our historically underserved neighborhoods and more than a dozen treatment centers for those struggling with addiction, as well as home to homeless shelters, soup kitchens, and food pantries; and WHEREAS, the Albany County Department of Social Services provides housing vouchers to those in need, and the City of Albany has allocated funds from the American Rescue Plan to assist with the rapid rehousing of those who have been evicted from their homes; and WHEREAS, virtually all of these services are provided by not-for-profit community- based organizations that need financial support from the public; and WHEREAS, since the start of the COVID-19 pandemic in early 2020, the complications of that public health crisis have significantly exacerbated existing problems of homeless, mental illness, addiction, and individuals seeking money from others, sometimes referred to as panhandling; and WHEREAS, although every American has a recognized constitutional right to ask for money in public in a non-threatening manner, the increase in individuals seeking money from others – particularly in an aggressive manner – over the past several years has significantly impacted public spaces throughout the City of Albany, together with the businesses that exist in and around those public spaces; and WHEREAS, many individuals seeking money from others operate in some of the City’s busiest roads and intersections, behavior which significantly increases the likelihood of vehicle accidents and injuries, putting themselves, drivers, and passersby at risk; WHEREAS, it is far more effective for members of the public to assist local service providers than for them to place themselves and the community at risk by handing money directly to individuals standing in traffic; WHEREAS, the City is currently reviewing possible legislative actions to help deal with the current prevalence of aggressive and/or dangerous attempts to seek money from others; 8 NOW, THEREFORE, BE IT RESOLVED, that the Common Council of the City of Albany, with the support of the Mayor and the City Treasurer hereby encourages the public, for the safety of the community, to refrain from giving money directly to individuals seeking money from others and to, instead, give to local organizations that work to assist those struggling with homelessness, hunger, substance abuse, mental illness, and other difficulties; and BE IT FURTHER RESOLVED that the City of Albany shall create pamphlets detailing available services that can assist individuals seeking money from others and which shall be made available for members of the public to distribute. 9 To: Shaniqua Jackson, Acting City Clerk From: Brett Williams, Sr. Asst. Corporation Counsel Jake Eisland, Research Counsel Re: Common Council Legislation Supporting Memorandum Date: August 10, 2023 Sponsors: Council Members Flynn, Anane, Balarin, Clarke, Hoey, Keegan, Kimbrough, and Zamer introduced the following, with the support of Mayor Sheehan, City Treasurer Shahinfar, City Auditor Applyrs, and Council President Ellis RESOLUTION 88.82.23R TITLE A RESOLUTION OF THE COMMON COUNCIL ENCOURAGING THE PUBLIC TO REFRAIN FROM GIVING MONEY DIRECTLY TO INDIVIDUALS FORCED TO SEEK MONEY FROM OTHER RESIDENTS GENERAL PURPOSE OF LEGISLATION This resolution discourages members of the public from giving money directly to individuals seeking money from other residents and encourages them, instead, to give money to community organizations which provide assistance to those suffering from homelessness, hunger, substance abuse, mental illness, and other difficulties. NECESSITY FOR LEGISLATION AND ANY CHANGE TO EXISTING LAW See above. FISCAL IMPACT None. 10 AGENDA FOR THE REGULAR MEETING OF THE ALBANY COMMON COUNCIL Thursday, September 7, 2023 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 Page 1 of 7 Local Laws Held 1 Johnson 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* 2 Planning 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* 3 Romero 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* 4 Romero 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* 5 Romero 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 RELATION TO PROHIBITING THE ALBANY POLICE DEPARMENT FROM PURCHASING, STOCKPILING, AND USING CHEMICAL WEAPONS *Referred to Public Safety* 6 Kimbrough 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* 7 Zamer M of 2022 A LOCAL LAW AMENDING CHAPTER 359 (VEHICLES AND TRAFFIC) REDUCING THE SPEED LIMIT OF THE CITY OF ALBANY FROM 30 TO 25 MILES PER HOUR *Referred to Public Safety* 8 Anane D of 2023 A LOCAL LAW AMENDING SECTION 5 OF LOCAL LAW 1-2016 IN RELATION TO THE EXPIRATION THEREOF *Referred to Law, Buildings & Code Enforcement* Page 2 of 7 Local Laws Held 9 Keegan E of 2023 A LOCAL LAW AMENDING CHAPTER 255 (PEACE AND GOOD ORDER) OF THE CODE OF THE CITY OF ALBANY BY ADDING THERETO A NEW ARTICLE XI TO BE ENTITLED “HARASSMENT OF A CODE ENFORCEMENT OFFICER, PUBLIC SERVICE OFFICER, OR TRAFFIC SAFETY AIDE” *Referred to Law, Buildings & Code Enforcement* 10 Adams 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* 11 Zamer H of 2023 A LOCAL LAW AMENDING CHAPTER 42 (DEPARTMENTS AND COMMISSIONS) OF THE CODE OF THE CITY OF ALBANY BY ADDING A NEW PART 41 THERETO CREATING THE CITY OF ALBANY COMMISSION ON MONUMENTS AND PUBLIC ART *Referred to Law, Buildings & Code Enforcement* Page 3 of 7 Ordinances Held 1 Farrell 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 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 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 Anane 5.21.23 AN ORDINANCE AMENDING ARTICLE I (LOITERING; DISTURBANCES; DEFACING PROPERTY) OF CHAPTER 255 (PEACE AND GOOD ORDER) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO SIMPLIFYING THE ENFORCEMENT GUIDELINES FOR LOITERING. *Referred to Public Safety* 5 Romero 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* 6 Farrell 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* 7 Kimbrough 18.52.23 AN ORDINANCE AMENDING CHAPTER 375 OF THE CODE OF THE CITY OF ALBANY (UNIFIED SUSTAINABLE DEVELOPMENT ORDINANCE) CHANGING THE ZONING CLASSIFICATION OF 27 MAIN STREET FROM “MIXED-USE NEIGHBORHOOD CENTER” (MU-NC) TO “LIGHT INDUSTRIAL” (I-1) AND AMENDING THE ZONING MAP ACCORDINGLY *Passed the Planning, Economic Development & Land Use Committee* 8 Kimbrough 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* 9 Keegan 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* Page 4 of 7 Ordinances Held 10 Balarin 29.71.23 AN ORDINANCE AMENDING CHAPTER 375 (UNIFIED SUSTAINABLE DEVELOPMENT ORDINANCE) OF THE CODE OF THE CITY OF ALBANY ESTABLISHING STANDARDS FOR CANNABIS DISPENSARIES AND CONSUMPTION SITES *Referred to Planning, Economic Development & Land Use* 11 Balarin 32.81.23 AN ORDINANCE AMENDING SECTION 375-405 (PARKING AND LOADING) OF CHAPTER 375 (UNIFIED SUSTAINABLE DEVELOPMENT ORDINANCE) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO REQUIRING OFF-SITE PARKING FOR THE DURATION OF A PROJECT *Referred to Planning, Economic Development & Land Use* 12 Adams 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* Page 5 of 7 Resolutions Introduced 1 Adams 90.91.23R A RESOLUTION OF THE COMMON COUNCIL CELEBRATING SEPTEMBER 4, 2023 AS LABOR DAY 2 Kimbrough 91.91.23R A RESOLUTION OF THE COMMON COUNCIL RECOGNIZING SEPTEMBER AS SUICIDE AWARENESS MONTH IN ALBANY 3 Robinson 92.91.23R A RESOLUTION IN ENCOURAGING THE CITY OF ALBANY TO SEEK ENVIRONMENTAL BOND ACT FUNDING FOR THE PATROON CREEK GREENWAY 4 Romero 93.91.23R A RESOLUTION OF THE COMMON COUNCIL RECOGNIZING AUGUST 31, 2023 AS INTERNATIONAL OVERDOSE AWARENESS DAY AND SEPTEMBER 13 AS NEW YORK’S STATEWIDE OVERDOSE AWARENESS DAY 5 Balarin 94.91.23R A RESOLUTION OF THE COMMON COUNCIL RECOGNIZING HISPANIC HERITAGE MONTH AND CELEBRATING THE HERITAGE AND CULTURE OF LATINOS IN THE UNITED STATES AND THE IMMENSE CONTRIBUTIONS OF LATINOS TO THE UNITED STATES Page 6 of 7 Resolutions Held 1 Hoey 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* 2 Hoey 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* 3 Clarke 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* 4 Balarin 76.71.23R A RESOLUTION OF THE COMMON COUNCIL CONSENTING TO THE APPOINTMENT OF SHADI KHADIVI TO THE CITY OF ALBANY PLANNING BOARD *Referred to Planning, Economic Development & Land Use* 5 Balarin 77.71.23R A RESOLUTION OF THE COMMON COUNCIL CONSENTING TO THE APPOINTMENT OF RACHEL BREIDSTER TO THE CITY OF ALBANY PLANNING BOARD *Passed the Planning, Economic Development & Land Use Committee* 6 Balarin 82.72.23R A RESOLUTION OF THE COMMON COUNCIL CONSENTING TO THE REAPPOINTMENT OF PAIGE BARNUM TO THE BOARD OF ZONING APPEALS *Referred to Planning, Economic Development & Land Use* 7 Balarin 83.72.23R A RESOLUTION OF THE COMMON COUNCIL CONSENTING TO THE APPOINTMENT OF JELLISA JOSEPH TO THE BOARD OF ZONING APPEALS *Referred to Planning, Economic Development & Land Use* 8 Flynn 88.82.23R A RESOLUTION OF THE COMMON COUNCIL ENCOURAGING THE PUBLIC TO REFRAIN FROM GIVING MONEY DIRECTLY TO INDIVIDUALS SEEKING MONEY FROM OTHERS *Referred to General Services, Health & Environment* 9 Kimbrough 89.82.23R (MC) A RESOLUTION OF THE COMMON COUNCIL CONFIRMING THE APPOINTMENT OF ANN MARIE SALMON AS COMMISSIONER OF THE DEPARTMENT OF ADMINISTRATIVE SERVICES *Referred to Finance, Assessment and Taxation* Page 7 of 7