1. Active Calendar 1.I. Amended Active Calendar, September 19th Documents: AMENDED ACTIVE CALENDAR SEPTEMBER 19 2022.PDF 2. Supporting Legislation 2.I. Support Legislation; September 19, 2022 Documents: SEPTEMBER 19, 2022 SUPPORT LEGISLATION.PDF 3. Minutes 4. Majority Consent (MC) 5. Supporting Document 6. Written Comment 7. Amended Legislation 8. Meeting Agenda 8.I. Albany Common Council Agenda; September 19, 2022 Documents: 22 AGENDA 0919.PDF Page 1 of 1 Albany Common Council Active Calendar Meeting of Monday, September 19, 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 Resolutions Introduced (a) 87.92.22R Hoey A RESOLUTION OF THE COMMON COUNCIL CONGRATULATING HENRY HYPNAROWSKI ON EARNING THE RANK OF EAGLE SCOUT Resolutions Introduced (a) 89.92.22R Balarin A RESOLUTION OF THE COMMON COUNCIL COMMENDING BRIGHTER CHOICE CHARTER SCHOOLS ON THE OCCASION OF THEIR 20TH ANNIVERSARY Resolutions Held (a) 74.72.22R 3 Kimbrough A RESOLUTION OF THE COMMON COUNCIL ESTABLISHING STANDARD WORK DAYS FOR THE COMMON COUNCIL AND OTHER ELECTED OFFICIALS AS REQUIRED BY REGULATION 315.4 OF THE NEW YORK STATE COMPTROLLER EFFECTIVE AUGUST 12, 2009 (a) Pending Discussion at Caucus on Wednesday, September 14, 2022 @ 5:30pm, IN PERSON in the Council Chamber, 2nd Floor, City Hall (b) Pending Discussion at Law, Buildings and Code Enforcement Committee Meeting on Monday, September 12, 2022 @ 5:30pm, IN PERSON in the Council Chamber, 2nd Floor, City Hall (09/09/2022) COMMON COUNCIL OF THE CITY OF ALBANY SUPPORT LEGISLATION SEPTEMBER 19, 2022 RESOLUTIONS 86.92.22R A RESOLUTION OF THE COMMON COUNCIL CONSENTING TO ADJUSTMENTS IN SALARY FOR CERTAIN UNREPRESENTED POSITIONS IN VARIOUS DEPARTMENTS FOR THE 2022 BUDGET 87.92.22R A RESOLUTION OF THE COMMON COUNCIL CONGRATULATING HENRY HYPNAROWSKI ON EARNING THE RANK OF EAGLE SCOUT 88.92.22R A RESOLUTION OF THE COMMON COUNCIL HONORING THE LIFE OF PHILLIP SABATINO AND RENAMING A PORTION OF QUAL STREET IN HIS HONOR 89.92.22R A RESOLUTION OF THE COMMON COUNCIL COMMENDING BRIGHTER CHOICE CHARTER SCHOOLS ON THE OCCASION OF THEIR 20TH ANNIVERSARY Council Member Frederick, on behalf of the Committee on Finance, Assessment, and Taxation introduced the following: Resolution Number 86.92.22R A RESOLUTION OF THE COMMON COUNCIL CONSENTING TO ADJUSTMENTS IN SALARY FOR CERTAIN UNREPRESENTED POSITIONS IN VARIOUS DEPARTMENTS FOR THE 2022 BUDGET WHEREAS, section 603(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 occurs outside of those described in the duly adopted budget requires the approval of the Common Council; and WHEREAS, the Administration has requested to increase the salaries of more than one hundred non-union positions in various departments, which increases amount to a total of $236,870. WHEREAS, these change will be budget neutral through the use of vacancy savings and decreases to certain departments’ contracted services lines; and WHEREAS, the requested changes are reflected in “Schedule A – 2022 Budget Transfers,” annexed hereto. NOW, THEREFORE, BE IT RESOLVED, that the Common Council of the City of Albany consents to the transfer of budgeted funds affecting salary totals for the 2022 budget year due to the increase in salary for the job titles as described in Schedule A, annexed hereto. To: Danielle Gillespie, City Clerk From: Brett Williams, Senior Assistant Corporation Counsel Re: Common Council Legislation Supporting Memorandum Date: September 9, 2022 Sponsor: Frederick o/b/o Finance RESOLUTION 86.92.22R TITLE A RESOLUTION OF THE COMMON COUNCIL CONSENTING TO ADJUSTMENTS IN SALARY FOR CERTAIN UNREPRESENTED POSITIONS IN VARIOUS DEPARTMENTS FOR THE 2022 BUDGET GENERAL PURPOSE OF LEGISLATION On the basis of the recently-completed pay study, the Administration is requesting salary adjustments to more than one hundred unrepresented job titles in nearly every City department, in order to bring the salaries of these positions in line with their relevant industry averages. These changes reflect salary adjustments not reflected in the 2022 proposed budget book. NECESSITY FOR LEGISLATION AND ANY CHANGE TO EXISTING LAW Pursuant to the City Charter, the Council must consent to the transfer of funds that affect salary totals which occur outside of the annual Budget process. FISCAL IMPACT This change is budget neutral through the use of vacancy and contracted services savings. Council Member Hoey introduced the following: RESOLUTION NUMBER 87.92.22R A RESOLUTION OF THE COMMON COUNCIL CONGRATULATING HENRY HYPNAROWSKI ON EARNING THE RANK OF EAGLE SCOUT WHEREAS, the rank of Eagle Scout is the highest honor in the Boy Scouts of America; and WHEREAS, the journey of Henry Hypnarowski, a 9th grade student at Albany High School, to his Eagle Scout award, has been transformational one for him and for his community; and WHEREAS, for Henry’s Eagle Scout service project, Henry made enhancements to the drama program at the South End Children’s Café by building a stage, seating, and storage, and provided them a karaoke machine, efforts which do much to further the South End Children’s Café’s mission to impact food security, address food equality and food justice, enhance academic success, and positively influence the physical and mental health of children; and WHEREAS, as an 8th Grader at William S. Hacket Middle School, Henry was a winner of the “Do the Right Thing” award, a collaboration that began in the Fall of 2021 between the school district, the City of Albany and the Albany Police Department through which middle and high school students are nominated each month for their accomplishments, positive behavior and good deeds; and WHEREAS, Henry received this award because he is a great role model for his peers and he excels academically and in sports, serving as team captain of the Modified 9 soccer team, and participating in many community service projects; and WHEREAS, Henry aspires to attend the United State Military Academy at West Point; NOW THEREFORE, BE IT RESOLVED, that the Common Council of the City of Albany congratulates Henry Hypnarowski on earning the rank of Eagle Scout; and BE IT FINALLY RESOLVED, that the Clerk of the Common Council is directed to send a copy of this resolution, suitably engrossed, to Henry. To: Danielle Gillespie, City Clerk From: John-Raphael Pichardo, Esq., Research Counsel Re: Common Council Legislation Supporting Memorandum Date: September 8, 2022 Sponsor: Council Member Hoey. RESOLUTION NUMBER 87.92.22R TITLE A RESOLUTION OF THE COMMON COUNCIL CONGRATULATING HENRY HYPNAROWSKI ON EARNING THE RANK OF EAGLE SCOUT GENERAL PURPOSE OF LEGISLATION Congratulating Henry Hypnarowski on earning the rank of Eagle Scout. FISCAL IMPACT(S) None. Council Member Anane introduced the following RESOLUTION NUMBER 88.92.22R A RESOLUTION OF THE COMMON COUNCIL HONORING THE LIFE OF PHILLIP SABATINO AND RENAMING A PORTION OF QUAIL STREET IN HIS HONOR WHEREAS, Phil Sabatino was born on October 2, 1924, in the City of Albany to Anthony and Lucia Sabatino, who originally came from the Province of Foggia in the Puglia region of Italy; and WHEREAS, Phil or “Philly” as he was affectionately known as was educated at St. Patrick’s Elementary School and Christian Brothers Academy in Albany; and WHEREAS, Phil joined the U.S. Navy in 1943 and was deployed on June 11, 1943 from the US Naval Training Station in Sampson, New York, to the Admiralty Islands, where he bravely served his country during World War II, and WHEREAS, after the war Phil returned to Albany and married his sweetheart Marion (Hilton) Sabatino and together they raised three children: daughters Sandra (Schweppenhauser) Pam (Holmes) and son Anthony. Phil and Marion had 8 grandchildren and 9 great-grandchildren; and WHEREAS, Philly was the proud owner of Sabatino’s Liquor Store on Quail Street, The Lamp Post Restaurant & Pub on Western Avenue, and LP’s Dance Club on Western Avenue, and was also directly involved in the development of Washington Avenue Extension; and WHEREAS, Phil Sabatino was noted for his compassion, friendship, and great sense of humor, exemplified every Christmas starting in the 1960s when Philly would purchase Christmas gifts for the needy kids in the “Quail Street” neighborhood and would provide the families a Christmas tree if they could not afford one, efforts which earned him the title “Neighborhood Santa.” Each Thanksgiving Philly would give to the families in the neighborhood a turkey or a pie; and WHEREAS, Philly contributed to the schools of Albany, including the College of St. Rose, the Vincentian Institute Christian Brother Academy, La Salle School for Boys, and Mercy High School, to name a few, donating his time, his money, and even his wine and liquor from the liquor store for their annual fundraisers; and WHEREAS, Philly was an active member of Blessed Sacrament Church and, before its closure, St. Patrick’s Church, for many years funding their church raffle prizes so that the church could benefit fully from the proceeds of the raffle; and WHEREAS, Philly was an icon in the Italian Community, insistent on cherishing the Italian traditions his parents passed down to him, supporting many Italian small businesses, serving as a charter member of the Italian American Community Center and on the Columbus Day Parade and Italian Festival boards for over 20 years, while also supporting the “Italian Church” or, as he called it, his mother’s church: St Anthony’s on Grand Street; and WHEREAS, he was a lifelong member of the YMCA on Washington Avenue until its closure and he enjoyed both watching and attending Yankees baseball and a Giants football games; and WHEREAS, Philly was liked by all who knew him: kind, friendly, humble, and eager to help anyone in need, the phrase, “Go see Philly if you have a problem,” was frequently heard. Philly made you a part of his family even if you only knew him for a little while. Philly counted singers Jerry Vale, Frank Sinatra, Mel Tome, and Buddy Hackett as personal friends; and WHEREAS, living his life-long commitment to “Always Take Care of Your Family,” he most enjoyed spending time with his family and friends, and travelled with his wife and family to Maine, Florida, Mexico, St. Maarten, and elsewhere in the Caribbean; NOW, THEREFORE, BE IT RESOLVED, that the Common Council of the City of Albany honors the life of Phillip Sabatino, one of the most remarkable, caring, and compassionate residents in the City of Albany by renaming the portion of Quail Street from Western Avenue to Elberon Place “Phillip Sabatino Way” in his honor; and BE IT FURTHER RESOLVED, that the Common Council directs that two signs shall be produced reading “Phillip Sabatino Way,” which shall be placed in consultation with the Division of Traffic Engineering. To: Danielle Gillespie, City Clerk From: Owusu Anane, Council Member Re: Common Council Legislation Supporting Memorandum Date: September 9, 2022 RESOLUTION NUMBER 88.92.22R RESOLUTION OF THE COMMON COUNCIL HONORING THE LIFE OF PHILLIP SABATINO AND RENAMING A PORTION OF QUAIL STREET IN HIS HONOR GENERAL PURPOSE OF LEGISLATION To officially celebrate the contributions of Phillip Sabatino and create an honorary street sign at the proposed location. NECESSITY FOR LEGISLATION AND ANY CHANGE TO EXISTING LAW To celebrate the life of Phillip Sabatino FISCAL IMPACT None. Council Member Balarin introduced the following: RESOLUTION 89.92.22R A RESOLUTION OF THE COMMON COUNCIL COMMENDING BRIGHTER CHOICE CHARTER SCHOOLS ON THE OCCASION OF THEIR 20TH ANNIVERSARY WHEREAS, charter schools are public schools that increase learning opportunities of all scholars and provide parents and scholars with expanded choices within the public school system; and WHEREAS, said schools are assets beyond remuneration and cannot be sufficiently extolled, but the school’s services can be celebrated; and WHEREAS, Brighter Choice Charter Schools were established in 2002 for the purpose of providing a single-gender school of choice to the families of the Capital Region who may not be able to afford a single gender private education; and WHEREAS, since their inception, the efforts of the Brighter Choice Charter Schools have led to dramatic gains in accelerating the closing of the achievement gap for underserved populations and have remained consistent in outperforming the home district demographically on New York State assessments; and WHEREAS, for 20 years, the Brighter Choice Charter Schools have stayed true to their mission of providing Capital Region families a small school experience focused on rigorous academic goals and social-emotional development; and WHEREAS, the Brighter Choice Charter Schools exist as the longest-standing single- gender elementary charter schools in the Capital Region, playing an integral role in New York State’s public education system, the community in which they operate, the families they serve, and the scholars’ lives they impact; NOW, THEREFORE, BE IT RESOLVED, that the Common Council of the City of Albany hereby commends the Brighter Choice Charter Schools, on the occasion of their 20 th Anniversary, for the pivotal role they have played in the education and development of two decades’ worth of students. To: Danielle Gillespie, City Clerk From: Brett Williams, Senior Assistant Corporation Counsel Re: Common Council Legislation Supporting Memorandum Date: September 9, 2022 Sponsor: Council Member Balarin RESOLUTION 89.92.22R TITLE A RESOLUTION OF THE COMMON COUNCIL COMMENDING BRIGHTER CHOICE CHARTER SCHOOLS ON THE OCCASION OF THEIR 20TH ANNIVERSARY GENERAL PURPOSE OF LEGISLATION This resolutions commends Brighter Choice Charter Schools for providing high-quality single- gender primary education in the Capital Region for twenty years. NECESSITY FOR LEGISLATION AND ANY CHANGE TO EXISTING LAW None. FISCAL IMPACT None. AGENDA FOR THE REGULAR MEETING OF THE ALBANY COMMON COUNCIL Monday, September 19th , 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* 8. 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 Committee* 9. Zamer LOCAL LAW 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 Committee* 4 ORDINANCES INTRODUCED 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. 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* 3. 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* 4. Adams 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 *Referred to Finance, Assessment, and Taxation Committee* 5. 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 and Ethics* 6 5. Farrell Ordinance 20.91.22 AN ORDINANCE AMENDING CHAPTER 151 (COMMERCIAL STANDARDS) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO CONSUMER PROTECTION FOR PARKING LOTS *Referred to Law, Buildings and Code Enforcement* 6. Johnson Ordinance 21.91.22 AN ORDINANCE AUTHORIZING AND DIRECTING THE GRANT TO HISTORIC MANSION HILL LIMITED PARTNERSHIP OF AN EASEMENT IN THE CITY OF ALBANY OVER A PORTION OF THE CITY RIGHT-OF-WAY OF THE ASH GROVE PLACE COMMON ALLEY (TAX MAP NUMBER 76.49-3-57) FOR THE CONSTRUCTION AND MAINTENANE OF AN ADA COMPLIANT RAMP *Referred to Finance, Assessment, and Taxation Committee* 7 RESOLUTIONS INTRODUCED RESOLUTIONS 86.92.22R A RESOLUTION OF THE COMMON COUNCIL CONSENTING TO ADJUSTMENTS IN SALARY FOR CERTAIN UNREPRESENTED POSITIONS IN VARIOUS DEPARTMENTS FOR THE 2022 BUDGET 87.92.22R A RESOLUTION OF THE COMMON COUNCIL CONGRATULATING HENRY HYPNAROWSKI ON EARNING THE RANK OF EAGLE SCOUT 88.92.22R A RESOLUTION OF THE COMMON COUNCIL HONORING THE LIFE OF PHILLIP SABATINO AND RENAMING A PORTION OF QUAL STREET IN HIS HONOR 89.92.22R A RESOLUTION OF THE COMMON COUNCIL COMMENDING BRIGHTER CHOICE CHARTER SCHOOLS ON THE OCCASION OF THEIR 20TH ANNIVERSARY 8 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. 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 9