1. Active Calendar 1.I. November 6, 2023 | Active Calendar Documents: ACTIVE CALENDAR NOVEMBER 6 2023.PDF 2. Supporting Legislation 2.I. November 6, 2023 | Supporting Legislation Documents: NOVEMBER 6, 2023.PDF 2.II. November 6, 2023 | Active Legislation Documents: 231106 ACTIVE LEGISLATION.PDF 2.III. Ordinance 37.101.23 Documents: ORDINANCE 37.101.23 (FREDERICK) AN ORDINANCE ADOPTING THE CITY OF ALBANY BUDGET FOR FISCAL YEAR 2024, AS PRESENTED ON SEPTEMBER 29, 2023.PDF 3. Minutes 4. Majority Consent (MC) 5. Supporting Document 6. Written Comment 7. Amended Legislation 8. Meeting Agenda 8.I. November 6, 2023 | Agenda Documents: 23 AGENDA 1106.PDF Page 1 of 4 Albany Common Council Active Calendar Meeting of Monday November 6, 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) 39.102.23 14 Frederick o/b/o AN ORDINANCE Finance AUTHORIZING CERTAIN PURCHASES BY THE CITY OF ALBANY, NEW YORK AT A MAXIMUM ESTIMATED COST OF $9,825,000 AND AUTHORIZING THE LEASE FINANCING OR THE ISSUANCE OF $5,000,000 SERIAL BONDS OF SAID CITY TO PAY THE COST THEREOF (DGS – STREET RECONSTRUCTION) Ordinances Held (b) 40.102.23 15 Frederick o/b/o AN ORDINANCE Finance AUTHORIZING CERTAIN PURCHASES BY THE CITY OF ALBANY, NEW YORK AT A MAXIMUM ESTIMATED COST OF $1,000,000 AND AUTHORIZING THE LEASE FINANCING OR THE ISSUANCE OF $1,000,000 SERIAL BONDS OF SAID CITY TO PAY THE COST THEREOF (DGS – ADA COMPLIANCE) Ordinances Held (b) 41.102.23 16 Frederick o/b/o AN ORDINANCE Finance AUTHORIZING CERTAIN PURCHASES BY THE CITY OF ALBANY, NEW YORK AT A MAXIMUM ESTIMATED COST OF $600,000 AND AUTHORIZING THE LEASE FINANCING OR THE ISSUANCE OF $600,000 SERIAL BONDS OF SAID CITY TO PAY THE COST Page 2 of 4 THEREOF (DGS – SIDEWALK RECONSTRUCTION) Ordinances Held (b) 42.102.23 17 Frederick o/b/o AN ORDINANCE Finance AUTHORIZING CERTAIN PURCHASES BY THE CITY OF ALBANY, NEW YORK AT A MAXIMUM ESTIMATED COST OF $4,039,000 AND AUTHORIZING THE LEASE FINANCING OR THE ISSUANCE OF $4,039,000 SERIAL BONDS OF SAID CITY TO PAY THE COST THEREOF (DGS – MAINTENANCE EQUIPMENT) Ordinances Held (b) 43.102.23 18 Frederick o/b/o AN ORDINANCE Finance AUTHORIZING CERTAIN PURCHASES BY THE CITY OF ALBANY, NEW YORK AT A MAXIMUM ESTIMATED COST OF $291,000 AND AUTHORIZING THE LEASE FINANCING OR THE ISSUANCE OF $291,000 SERIAL BONDS OF SAID CITY TO PAY THE COST THEREOF (DGS – VEHICLES) Ordinances Held (b) 44.102.23 19 Frederick o/b/o AN ORDINANCE Finance AUTHORIZING CERTAIN PURCHASES BY THE CITY OF ALBANY, NEW YORK AT A MAXIMUM ESTIMATED COST OF $700,000 AND AUTHORIZING THE LEASE FINANCING OR THE ISSUANCE OF $700,000 SERIAL BONDS OF SAID CITY TO PAY THE COST THEREOF (DGS – SECURITY FENCE INSTALLATION) Ordinances Held (b) 45.102.23 20 Frederick o/b/o AN ORDINANCE Finance AUTHORIZING CERTAIN PURCHASES BY THE CITY OF ALBANY, NEW YORK AT A MAXIMUM ESTIMATED COST OF $539,000 AND AUTHORIZING THE LEASE FINANCING OR THE ISSUANCE OF $539,000 Page 3 of 4 SERIAL BONDS OF SAID CITY TO PAY THE COST THEREOF (DGS – EQUIPMENT & FIXTURES) Ordinances Held (b) 46.102.23 21 Frederick o/b/o AN ORDINANCE Finance AUTHORIZING CERTAIN PURCHASES BY THE CITY OF ALBANY, NEW YORK AT A MAXIMUM ESTIMATED COST OF $600,000 AND AUTHORIZING THE LEASE FINANCING OR THE ISSUANCE OF $600,000 SERIAL BONDS OF SAID CITY TO PAY THE COST THEREOF (DGS – FUEL STORAGE & DISTRIBUTION SYSTEM) Ordinances Held (b) 47.102.23 22 Frederick o/b/o AN ORDINANCE Finance AUTHORIZING CERTAIN PURCHASES BY THE CITY OF ALBANY, NEW YORK AT A MAXIMUM ESTIMATED COST OF $200,000 AND AUTHORIZING THE LEASE FINANCING OR THE ISSUANCE OF $200,000 SERIAL BONDS OF SAID CITY TO PAY THE COST THEREOF (DGS – CAPITAL HILLS REHABILITATION & IMPROVEMENT)⠀⠀⠀⠀⠀⠀⠀⠀⠀ Ordinances Held (b) 48.102.23 23 Frederick o/b/o AN ORDINANCE Finance AUTHORIZING CERTAIN PURCHASES BY THE CITY OF ALBANY, NEW YORK AT A MAXIMUM ESTIMATED COST OF $1,000,000 AND AUTHORIZING THE LEASE FINANCING OR THE ISSUANCE OF $1,000,000 SERIAL BONDS OF SAID CITY TO PAY THE COST THEREOF (DGS – WASTE MANAGEMENT PLAN ) Ordinances Held (b) 49.102.23 24 Frederick o/b/o AN ORDINANCE Finance AUTHORIZING CERTAIN PURCHASES BY THE CITY OF ALBANY, NEW YORK AT Page 4 of 4 A MAXIMUM ESTIMATED COST OF $1,984,000 AND AUTHORIZING THE LEASE FINANCING OR THE ISSUANCE OF $1,984,000 SERIAL BONDS OF SAID CITY TO PAY THE COST THEREOF (DGS – SOLID WASTE VEHICLES) Resolutions Introduced (a) 108.111.23R N/A Flynn A RESOLUTION OF THE COMMON COUNCIL RECOGNIZING NOVEMBER 2023 AS EPILEPSY AWARENESS MONTH Resolutions Introduced (a) 109.111.23R N/A Anane A RESOLUTION OF THE COMMON COUNCIL CALLING ON THE NEW YORK STATE LEGISLATURE AND NEW YORK STATE GOVERNOR KATHY HOCHUL TO PROVIDE THE CITY OF ALBANY WITH ITS FAIR SHARE OF UNRESTRICTED STATE AID AND TO MAKE PERMANENT A MINIMUM OF $15 MILLION IN CAPITAL CITY FUNDING (a) Pending discussions at Caucus on Wednesday, November 1, 2023 @ 5:30pm IN PERSON in the Council Chamber, 2nd Floor, City Hall (b) Pending discussion at Committee on Finance, Assessment, and Taxation on Thursday, November 2, 2023 @ 5:30 pm IN PERSON in the Council Chamber, 2nd Floor, City Hall. Additional bond ordinances may be considered and added pursuant to those discussions. (10/27/2023) COMMON COUNCIL OF THE CITY OF ALBANY SUPPORT LEGISLATION NOVEMBER 6, 2023 LOCAL LAWS L OF 2023 A LOCAL LAW AMENDING PART II (GENERAL LEGISLATION) OF THE CODE OF THE CITY OF ALBANY BY ENACTING A NEW CHAPTER 337 TO BE ENTITLED “TOBACCO RETAIL LICENSE” ORDINANCES 74.111.23 AN ORDINANCE CREATING THE “COMMISSION ON THE MUNICIPAL FLAG” AND PROVIDING FOR THE RESPONSIBILITIES OF THE COMMISSION WITH RESPECT TO CREATING A CONTEST TO DETERMINE A NEW FLAG FOR THE CITY OF ALBANY RESOLUTIONS 108.111.23R A RESOLUTION OF THE COMMON COUNCIL RECOGNIZING NOVEMBER 2023 AS EPILEPSY AWARENESS MONTH 109.111.23R A RESOLUTION OF THE COMMON COUNCIL CALLING ON THE NEW YORK STATE LEGISLATURE AND NEW YORK STATE GOVERNOR KATHY HOCHUL TO PROVIDE THE CITY OF ALBANY WITH ITS FAIR SHARE OF UNRESTRICTED STATE AID AND TO MAKE PERMANENT A MINIMUM OF $15 MILLION IN CAPITAL CITY FUNDING 110.111.23R A RESOLUTION OF THE COMMON COUNCIL REAPPOINTING RICHARD MCGLONE AS A MEMBER OF THE BOARD OF ASSESSMENT REVIEW 111.111.23R A RESOLUTION OF THE COMMON COUNCIL OUTLINING ITS ACTIONS AND EXPRESSING ITS FINDINGS AND INTENT CONCERNING THE CITY OF ALBANY 2024 BUDGET AS PROPOSED IN ORDINANCE 37.101.23 Council Members Anane introduced the following: LOCAL LAW L OF 2023 A LOCAL LAW AMENDING PART II (GENERAL LEGISLATION) OF THE CODE OF THE CITY OF ALBANY BY ENACTING A NEW CHAPTER 337 TO BE TITLED “TOBACCO RETAIL LICENSE” Be it enacted, by the Common Council of the City of Albany, as follows: Section 1. Part II (General Legislation) of the Code of the City of Albany is amended by adding a new Chapter 337 (“Tobacco Retail License”) thereto, to read as follows: Chapter 337 Tobacco Retail License § 337-1 Legislative Findings, Intent and Purpose The City of Albany has a substantial interest in reducing the number of individuals of all ages who use tobacco products and electronic smoking devices, and a particular interest in protecting youth from nicotine dependence and the illnesses and premature death associated with the use of tobacco products, electronic smoking devices and other products regulated by New York State Public Health Law Article 13-F, known as the Adolescent Tobacco Use Prevention Act. The purpose of this legislation is to ensure the public health, safety and welfare of the citizens of the City of Albany by providing a local law to require a Tobacco Retail License to sell tobacco products, electronic smoking devices, and all other products regulated by New York State Public Health Law Article 13-F in the City of Albany. It is the intent of the City of Albany through the addition of this new Chapter to implement effective measures to license all retailers selling tobacco products, electronic smoking devices, and all other products regulated by New York State Public Health Law Article 13-F; to reduce the number of such retailers; to regulate the location of such retailers; to stop the sale of tobacco products, electronic smoking devices, and all other products regulated by New York State Public Health Law Article 13-F to minors; and to reduce the number of individuals of all ages who use tobacco products and electronic smoking devices. § 337-2 Definitions For the purposes of this Chapter, the following words and phrases shall be defined as follows: Accessory A product that is intended or reasonably expected to be used with or for the human consumption of a Tobacco Product or Electronic Smoking Device, does not contain tobacco and is not made or derived from tobacco, including, but not limited to, carrying cases, lanyards, lighters, and holsters and meets either of the following: Matter in strikethrough to be deleted. Matter underlined is new material. (A) is not intended or reasonably expected to affect or alter the performance, composition, constituents or characteristics of a Tobacco Product or Electronic Smoking Device; or (B) is intended or reasonably expected to affect or maintain the performance, composition, constituents or characteristics of a Tobacco Product or Electronic Smoking Device but: (1) solely controls moisture and/or temperature of a stored Tobacco Product or Electronic Smoking Device; or (2) solely provides an external heat source to initiate but not maintain combustion of a Tobacco Product. Applicant An individual, corporation, partnership, limited liability company, or other business entity, as well as each entity’s members, partners, and/or shareholders, as applicable, seeking a Tobacco Retail License. Applicant must be the actual State License holder and must be the entity offering the Covered Product for sale. Application The form completed in writing by an Applicant or an authorized agent thereof and executed and verified under penalty of perjury by the Applicant or the authorized agent thereof. Application Fee The annual non-refundable $250.00 fee owed to the City Clerk upon the submission of an Application. Building A permanent structure affixed to real property within the City bearing a tax parcel identification number rendering the land improved for purposes of taxation. City The City of Albany. City Clerk The Clerk of the City of Albany or their designee. Component or Part Software or materials intended or reasonably expected: (1) to alter or affect the performance, composition, constituents or characteristics of a Tobacco Product or Electronic Smoking Device or (2) to be used with or for the human consumption of a Tobacco Product or Electronic Smoking Device. “Component or Part” excludes an Accessory and includes, but is not limited to, e-liquids, cartridges, refills, batteries, heating coils, programmable software, rolling papers, wraps, hookahs, mouthpieces, pipes and Matter in strikethrough to be deleted. Matter underlined is new material. flavorings for Tobacco Products or Electronic Smoking Devices, whether they are sold together or separately. Corporation Counsel The Corporation Counsel of the City of Albany. Covered Product(s) Any Tobacco Product, Electronic Smoking Device, or any other product regulated by Article 13-F of the Public Health Law, known as the Adolescent Tobacco Use Prevention Act. Department The Department of Buildings and Regulatory Compliance of the City of Albany. Director The Director of the Department of Buildings and Regulatory Compliance, or their designee. Electronic Smoking Device(s) Any device that may be used to deliver any aerosolized or vaporized substance that may be inhaled, whether or not the aerosolized or vaporized substance contains nicotine, including, but not limited to, an e-cigarette, e-cigar, e-pipe, vape pen, or e-hookah. “Electronic Smoking Device” includes any Component or Part but not Accessory and includes any substance to be aerosolized or vaporized, whether or not separately sold. “Electronic Smoking Device” does not include drugs, devices, or combination products approved and authorized for sale by the U.S. Food and Drug Administration for cessation purposes, as those terms are defined in the Federal Food, Drug, and Cosmetic Act and does not include products regulated under Article 7-A of the Consolidated Laws of the State of New York. Gas Station A premises where petroleum for motor vehicles is stored and sold, for which all valid New York State licenses and/or certificates, including but not limited to a New York State Department of Environmental Conservation registration, if required, is maintained, and includes a convenience store located on the same premises. Public Park A park owned by the City or any of its agencies. School Any public or private kindergarten, elementary, middle, junior high, or high school and their grounds and/or facilities. State License(s) A valid New York State Department of Taxation and Finance certificate of registration for the sale of a Covered Product. Matter in strikethrough to be deleted. Matter underlined is new material. Tobacco Product(s) Any product containing, made of, or derived from tobacco or nicotine, including synthetic nicotine, that is intended for human consumption or is likely to be consumed, whether inhaled, absorbed, or ingested by any other means, including but not limited to a cigarette, a cigar, pipe tobacco, chewing tobacco, snuff, snus, bidis, powdered tobacco, and nicotine water. “Tobacco Product” includes a Component or Part, whether or not separately sold, but not Accessory. “Tobacco Product” does not include drugs, devices, or combination products approved and authorized for sale by the U.S. Food and Drug Administration for cessation purposes, as those terms are defined in the Federal Food, Drug, and Cosmetic Act and does not include products regulated under Article 7-A of the Consolidated Laws of the State of New York. Tobacco Retail License Any license issued by the Office to an Applicant to engage in the retail sale of any Covered Product in the City. § 337-3 Tobacco Retail License Required A. As of the effective date of this Chapter, a valid Tobacco Retail License issued by the City Clerk in compliance with this Chapter shall be required to sell, to offer for sale, or to permit the sale of a Covered Product to consumers in the City in accordance with the terms hereof. The requirement for a Tobacco Retail License detailed in this Chapter is not applicable for a wholesale dealer who sells products to retail dealers for the purpose of resale only and does not sell any Covered Products directly to consumers. B. Applicants must submit an Application for a Tobacco Retail License to the City Clerk on an annual basis. Tobacco Retail Licenses issued pursuant to this Chapter shall be effective upon the date of issuance thereof and shall be valid for a period of one (1) year from the date of issuance, unless sooner suspended or revoked. C. The annual Application Fee is non-refundable. D. Each Application for a Tobacco Retail License shall be filed with the City Clerk in accordance with section 337-4 hereof. E. Notwithstanding the requirements set forth in subsection (A) above, this Chapter shall not apply to an organization that is deemed a registered organization pursuant to section 3364 of the Public Health Law. § 337-4 Tobacco Retail License Application and Eligibility Requirements A. Eligibility for a Tobacco Retail License 1. Each Tobacco Retail License shall be issued only to actual sellers of Covered Products to be located in a Building. Matter in strikethrough to be deleted. Matter underlined is new material. 2. In order to be eligible to receive a Tobacco Retail License from the Office, the Applicant must meet the following criteria: a. The Applicant shall hold, possess and provide proof to the City Clerk of a current and valid State License(s) issued by the New York State Department of Taxation and Finance; b. The Applicant shall hold, possess and provide proof to the City Clerk of all required permits, licenses, and/or approvals necessary and/or required to operate in New York State and the City; c. The Applicant must not owe to the City any outstanding taxes, payments in lieu of taxes, fees, fines, penalties or other charges; d. The Applicant shall not be or have been the owner or commercial tenant of a premises found to be in violation of Article VIII (Public Nuisance Abatement) of the Code of the City of Albany; e. Subject only to section 337-4 (B)(5), below, the Applicant, as the owner or tenant of any Building at which Covered Products are being sold, offered for sale, or permitted to be sold under a Tobacco Retail License, shall be in compliance with Chapter 133 (Building Construction) of the Code of the City of Albany and with all other laws, ordinances and regulations of the City at the time of Application. Notwithstanding anything herein to the contrary, the Department may consider a Building’s twelve (12) month history relative to compliance with the Chapter 133 and any other related codes and regulations when conducting the inspection; f. No Tobacco Retail License shall be issued to any Applicant within five hundred (500) feet of a School or Public Park as measured by a straight line from the nearest point of the property line of the parcel on which the School or Public Park is located to the nearest point of the property line of the parcel on which the Applicant’s business is located for which the Tobacco Retail License is being sought hereunder; g. No Tobacco Retail License shall be issued to any Applicant within one thousand (1,000) feet of another business holding and/or operating under a current and valid Tobacco Retail License as measured by a straight line from the nearest point of the property line of the parcel on which the business holding and/or operating under a current and valid Tobacco Retail License is located to the nearest point of the property line of the parcel on which the Applicant’s business is located for which the Tobacco Retail License is being sought hereunder; Matter in strikethrough to be deleted. Matter underlined is new material. h. In the event a School or Public Park locates within five hundred (500) feet of an existing business holding and/or operating under a current and valid Tobacco Retail License, such business shall not be precluded from holding or continuing operation under the Tobacco Retail License or from applying for or obtaining a new Tobacco Retail License; i. As of the effective date of this Chapter, and notwithstanding sections 337-4 (A)(2)(f) and (g) hereof, if an Applicant: (a) possesses a valid State License; (b) has a fee interest or a signed and valid lease for space in a Building where a Covered Product will be or is currently being sold, offered for sale, or permitted to be sold as set forth in the Application; (c) satisfies all other requirements for licensure hereunder and meets and is otherwise compliant with the terms and conditions of this Chapter; and (d) submits an Application within the timeframe set forth in section 337-4 (B)(1) hereof, then, notwithstanding anything in this section to the contrary, such Applicant shall be eligible for a Tobacco Retail License for the same Applicant in the same Building and eligible for subsequent annual licensure in accordance herewith. Any such Applicant who fails to submit an Application within this time frame shall be bound by sections 337-4 (A)(2)(f) and (g), above. B. Application Process 1. All Applications for a Tobacco Retail License shall be submitted to the City Clerk within one hundred twenty (120) days of the giving of notice as set forth in section 337-18 hereof and then annually thereafter at least sixty (60) days prior to the expiration of the current Tobacco Retail License. The City Clerk, in their sole discretion, shall have authority to permit submission of an Application where an Application is late or incomplete through no fault of the Applicant; 2. An Application shall be executed and verified under penalty of perjury by the Applicant or an authorized agent thereof. The Applicant shall maintain a duplicate original signed and verified Application, which shall be subject to inspection by the City; 3. Each Application for a Tobacco Retail License shall be accompanied by the Application Fee; 4. Applicants shall agree that the business address provided in the Application shall be the address to which any notice required under this Chapter and any service of process required under the Civil Practice Law and Rules or under any local law or ordinance shall be sent unless the Applicant notifies the City Clerk by certified U.S. Mail of a different address to be used for such notice; Matter in strikethrough to be deleted. Matter underlined is new material. 5. Upon the receipt of a completed Application and the Application Fee, the City Clerk shall notify the Department. The Department and/or its designee shall inspect the Building at which any Covered Product is to be sold, offered for sale, or permitted to be sold as sought in the Application to ensure compliance with all applicable codes and regulations, including section 337-4 (A)(2)(f) or (g), above. Such inspection shall be scheduled in accordance with section 337-6 (A)(8), below. The Applicant shall have thirty (30) days to cure any code violations identified and cited during such inspection, unless the violation cannot reasonably be cured within such thirty-day period, then, provided the Applicant commences to cure within such thirty-day period and to prosecute such cure with due diligence, the Department in its sole discretion may grant the Applicant a reasonable amount of additional time to cure. The Department shall notify the City Clerk of the results of such inspection in order for the City Clerk to determine whether a Tobacco Retail License may be issued. The City Clerk may also ask the Applicant to provide additional information that is reasonably related to the determination of whether a Tobacco Retail License may be issued; § 337-5 Issuance of Tobacco Retail Licenses A. Within sixty (60) days of compliance with and completion of the requirements set forth in section 337-4 above, the City Clerk shall make a determination on the Application and notify the Applicant of the determination. If the Applicant currently holds a valid Tobacco Retail License issued pursuant to this Chapter, the Applicant may continue to operate under the Tobacco Retail License until such time as a determination on the new Application is made by the Office and such determination is provided by the Office to the Applicant. B. In the event an Application for a Tobacco Retail License is approved, the Office shall notify the Applicant in writing, via certified U.S. Mail and First-Class Mail to the address provided by the Applicant pursuant to section 337-4 (B)(4), above. C. The issuance of any Tobacco Retail License pursuant to this Chapter is done in the City’s sole discretion and shall not confer upon the Applicant any property interest or other right in the possession of a Tobacco Retail License. § 337-6 Denial of Tobacco Retail Licenses A. The Office may, in its sole discretion, refuse to issue a Tobacco Retail License to an Applicant if it finds that one or more of the following reasons for denial exists: 1. The Applicant has failed to meet any requirement of this Chapter; 2. The information presented in the Application is incomplete, inaccurate, false, or misleading; 3. The fee for the Application has not been paid; Matter in strikethrough to be deleted. Matter underlined is new material. 4. The Applicant has previously had a Tobacco Retail License issued under this Chapter revoked for any reason within the previous five (5) years; 5. A Tobacco Retail License issued under this Chapter for the same address or location was previously revoked within the preceding three (3) years; unless the Applicant has demonstrated, to the satisfaction of the Office, that the Applicant has no connection to the prior licensee, its members, partners, or shareholders and was not the owner of the premises at the time of revocation; 6. The Applicant has been found by a court of law or administrative body to have violated any federal, state or local law pertaining to: (a) trafficking in a contraband Covered Product(s); (b) the payment or collection of taxes on a Covered Product(s); (c) the display of a Covered Product(s); (d) the display of health warnings pertaining to a Covered Product(s); or (e) the sale of a Covered Product(s); 7. The Applicant has outstanding fines and/or violations with the Albany County Department of Health in connection with violation(s) of Public Health Law Article 13-F, known as the Adolescent Tobacco Use Prevention Act; 8. The Applicant fails to permit the inspection required under section 337-4 (B)(5), above, to take place within thirty (30) days of submitting an Application, unless otherwise agreed to by the Department; 9. The Applicant fails to pass the inspection required under section 337-4(B)(5), above; 10. The Applicant is in violation of any other provision of this Chapter or is in violation of any federal or state statutes or rules and regulations or any local laws, ordinances, rules and regulations of the City; or B. In the event an Application for a Tobacco Retail License is denied for any reason, the Office shall notify the Applicant in writing, via certified U.S. Mail and First-Class Mail to the address provided by the Applicant pursuant to section 337-4(B)(4), above, of the reason(s) the Application was denied. C. Upon denial by the City Clerk of an application made pursuant to this Chapter, the applicant may appeal the determination of the City Clerk to the Board of Zoning Appeals or their designee by filing a written notice of appeal within thirty (30) days of denial. § 337-7 Operation of Business Tobacco Retail License holders shall comply with all provisions of federal and state statutes, rules and regulations and all local laws, ordinances, rules and regulations of the City relating to the conduct of business and the occupation, use and maintenance of the premises at which the business is located. Moreover, Tobacco Retail License holders shall comply with any and all notices, orders, Matter in strikethrough to be deleted. Matter underlined is new material. decisions and determinations made by any City official that governs the occupation and use of the business holding and/or operating under the Tobacco Retail License. § 337-8 Limitation on Number of Licenses Issued A. As of the effective date of this Chapter, the total number of Tobacco Retail Licenses to be issued by the Office shall be no more than the sum of: (i) the number of valid and current State Licenses issued for establishments open and operating in the City as of the effective date of this Chapter; and (ii) the number of valid and current State Licenses that were issued by New York State for establishments on or before the effective date of this Chapter which open for the operation of business in accordance with the provisions of this Chapter on or before the Ninetieth (90th) day following the effective date of this Chapter. Issuance of any additional Tobacco Retail Licenses shall be authorized pursuant to section 337-9, below. B. A Tobacco Retail License shall only be issued to an Applicant for the same location at which the Applicant possessed a valid State License prior to the effective date of this Chapter. C. Notwithstanding subsection (B) above, beginning one (1) year from the effective date of this Chapter, the City Clerk shall issue only one (1) new Tobacco Retail License for every two (2) Tobacco Retail Licenses that were revoked or expired and not renewed during the previous year until a floor of twenty (20) is reached. Thereafter, the Office shall issue no more than twenty (20) Tobacco Retail Licenses per year. D. Whenever the number of valid Applications for Tobacco Retail Licenses exceeds the maximum number of such licenses available for issue in accordance with section 337-8, above, the City Clerk shall grant such licenses using the following priorities: 1. Tobacco Retail Licenses shall be granted, first, by order of Application date and time to any Applicant compliant with this Chapter that held a valid Tobacco Retail License in the prior year; 2. A Tobacco Retail License shall be granted, second, by order of Application date and time to any Applicant compliant with this Chapter that did not hold a valid Tobacco Retail License in the prior year; or 3. A Tobacco Retail License shall be granted by lottery when the order of Application date and time is insufficient, in the discretion of the City Clerk, to determine who shall be issued a license pursuant to section 337-8 (D)(2), above. § 337-9 Procedure for Authorizing Additional Licenses A. The City Clerk, upon its own initiative, upon direction of the Albany Common Council, or upon written request by an Applicant, may conduct a public hearing(s) to determine whether necessity requires the issuance of additional Tobacco Retail Licenses to exceed the maximum license number specified in section 337-8 above. Notice of such public Matter in strikethrough to be deleted. Matter underlined is new material. hearing shall be advertised in print or digitally in a newspaper of general circulation at least ten (10) days before a public hearing is to be held. The cost of such hearing, if requested by an Applicant, shall be borne by the Applicant. B. A determination of the question of the need for additional Tobacco Retail Licenses shall be made only after consideration of the factors set forth in section 337-1 and the requirements or demands of the public, all public comments received at or in conjunction with the hearing and such other relevant facts as the City Clerk shall deem advisable or necessary to take into consideration. C. If the City Clerk determines, after such a public hearing, that additional Tobacco Retail Licenses are necessary, the City Clerk shall thereupon request that the Common Council approve the number of Tobacco Retail Licenses to be issued via resolution. § 337-10 Transferability All Tobacco Retail Licenses issued pursuant to this Chapter are nontransferable and non- assignable and are valid only for the Applicant and the specific Building indicated on the Tobacco Retail License, unless the establishment is an operating Gas Station. A valid and current Tobacco Retail License may be transferred or assigned from an existing Tobacco Retail License holder (hereinafter “transferor or assignor”) operating a Gas Station to a new owner that acquires the Gas Station operating under the Tobacco Retail License, provided the transferor or assignor is not in violation of any state or local law and the new owner (hereinafter “transferee or assignee”) otherwise satisfies all of the conditions for licensure under this Chapter. Notwithstanding anything herein to the contrary, if the transferee or assignee satisfies the forgoing conditions, and the transferor or assignor was issued a Tobacco Retail License pursuant to section 337-4 (A)(3) hereof, then failure of the transferee or assignee to satisfy sections 337-4 (A)(2)(f) and/or (g) hereof shall not prevent the transferee or assignee from seeking a new Tobacco Retail License for the same Gas Station as the transferor or assignor. In such event, the transferee or assignee shall be entitled to annually apply for a Tobacco Retail License in accordance with the terms of this Chapter. A separate Tobacco Retail License is required for each Building at which a Covered Product is sold or offered for sale. Except as specifically noted in this section 337-10, any change in business ownership, membership interests, shareholders, partnership interests, business address, or interruption in possession of a Tobacco Retail License, will result in the automatic termination of the Tobacco Retail License. A Tobacco Retail License holder shall notify the City Clerk in writing, via certified U.S. Mail, within five (5) days following the date when such Tobacco Retail License holder transfers, assigns, sells, closes or moves the business operating under the Tobacco Retail License. Upon being notified, the City Clerk shall cancel the Tobacco Retail License. § 337-11 Requirement to Display Tobacco Retail License Any Tobacco Retail License issued pursuant to this Chapter shall be conspicuously displayed at the location where a Covered Product is sold or offered for sale so that it is readily visible to customers. § 337-12 Violations and Penalties Matter in strikethrough to be deleted. Matter underlined is new material. A. Any or all of the following shall constitute a violation under this Chapter: 1. The application and/or eligibility requirements for a Tobacco Retail License under section 337-4 above are not met at any time after the license was issued; or 2. One or more of the bases for denial of a Tobacco Retail License under section 337- 6, above, exists any time after the license was issued; or 3. A violation by the Tobacco Retail License holder of any federal, state or local law or regulation pertaining to: (a) trafficking in a contraband Covered Product(s); (b) the payment or collection of taxes on a Covered Product(s); (c) the display of a Covered Product(s); (d) the display of health warnings pertaining to a Covered Product(s); or (e) the sale of a Covered Product(s); or 4. Selling, offering for sale, or permitting the sale of any Covered Product without a valid Tobacco Retail License displayed in accordance with section 337-11, above; or 5. The Tobacco Retail License holder submitted an Application that contained a material misrepresentation; or 6. The Tobacco Retail License holder is in violation of any other provision of this Chapter or is in violation or any federal of state statutes or rules and regulations as well as any local laws, ordinances, rules, and regulations of the City. B. Following notice and a hearing in accordance with section 337-14, below, any Tobacco Retail License holder found to be in violation of this Chapter shall be liable for civil penalty pursuant to Chapter 133A (Building Construction and Housing: Special Provisions) of the Code of the City of Albany. § 337-13 Suspension and Revocation of Licenses A. Following notice and a hearing in accordance with section 337-14, below, the City Clerk may take any of the following actions based on a violation(s) of this Chapter: 1. Suspension of the Tobacco Retail License for up to twelve (12) months; or 2. Revocation of the Tobacco Retail License. § 337-14 Hearing A. In the event a Tobacco Retail License holder is alleged to be in violation of this Chapter, the Department may hold a hearing upon fifteen (15) days written notice to the license holder sent by certified U.S. Mail and First-Class Mail to the address provided pursuant to section 337-4 (B)(4) hereof. Any such notice shall inform the license holder of the date, time and location of the hearing and the alleged violation(s) and potential resulting penalty. Matter in strikethrough to be deleted. Matter underlined is new material. B. Any hearing held hereunder shall be held before the Director or their designee. All such hearings shall be recorded. All such recordings shall be maintained for at least two (2) years. C. Upon written notice to the Tobacco Retail License holder, the Director or their designee may adjourn the hearing date as the Department deems necessary and reasonable. D. The Tobacco Retail License holder shall be allowed to be represented by counsel and shall be allowed to call witnesses on their behalf and conduct cross-examination of all witnesses. E. The Director or their designee shall review the hearing recording and all exhibits submitted at the hearing and, within thirty (30) days of the conclusion of the hearing, render a written recommendation to the City Clerk as to whether a Tobacco Retail License should be suspended or revoked. The Director shall also render a written recommendation to Corporation Counsel regarding the civil penalty, as applicable and as defined in section 337-12 above, that should be assessed. Corporation Counsel shall use the written recommendation to prepare the final order. Within thirty (30) days after receipt of the Director’s written order, the final order shall be drafted by the Corporation Counsel or their designee. The Final Order shall be signed by the Director and sent to the Tobacco Retail License holder by certified U.S. Mail and First-Class Mail to the address provided pursuant to Section 337-4(B)(d) hereof. § 337-15 Failure to Obtain Tobacco Retail License A. In the event any business required to obtain a Tobacco Retail License under Section 337-3 herein fails to obtain a Tobacco Retail License and continues to sell, to offer for sale, or to permit the sale of a Covered Product to consumers in the City, the Department shall notify the business in writing via Certified U.S. Mail and First-Class Mail to the address provided pursuant to section 337-4 (B)(4) hereof: 1. that it is operating in violation of this Chapter; 2 that it has fifteen (15) days from receipt of the written notification to stop operating in violation of this Chapter; and 3) that if it continues to operate in violation of this Chapter after fifteen (15) days from the date written notification was mailed, the business shall be subject to immediate closure by the Chapter under section 107.1.4 of the 2020 New York State Property Maintenance Code and under any other relevant statute, law, ordinance, rule or regulation and a civil penalty pursuant to Chapter 133A (Building Construction and Housing: Special Provisions) of the Code of the City of Albany. B. In the event the business is provided with the written notification described in section 337- 15 (A), above and continues to operate in violation of this Chapter after such notification, the Department shall immediately close the business under section 107.1.4 of the 2020 Matter in strikethrough to be deleted. Matter underlined is new material. New York State Property Maintenance Code and under any other relevant statute, law, ordinance, rule or regulation and may impose a civil penalty pursuant to Chapter 133A (Building Construction and Housing: Special Provisions) of the Code of the City of Albany. § 337-16 Inspection Access In addition to the requirements set forth in section 337-4 above, officers and employees of any City departments with responsibility to enforce or assist the Director in enforcing this Chapter shall have the right of access to any business subject to the terms of this Chapter for the purpose of making an inspection during normal business hours, and the City shall also have the authority to seek inspection warrants where necessary to properly administer this Chapter. § 337-17 Enforcement A. The Director, in conjunction with other City Departments, including but not limited to the Albany Police Department, shall enforce the provisions of this Chapter. The Director and/or the Director’s authorized designee(s) may conduct periodic inspections of the business holding and/or operating under the Tobacco Retail License, or a business in violation of this Chapter, in order to ensure compliance with this Chapter. B. The Corporation Counsel may maintain an action or special proceeding in a court of competent jurisdiction for the recovery of civil penalties, together with costs and disbursements. In addition to any action or special proceeding for recovery of civil penalties, the Corporation Counsel may take any and all action necessary to enforce this Chapter, including but not limited to, an action or special proceeding to enjoin the continued operation or maintenance of a business in violation of the terms of this Chapter. § 337-18 Notice Regarding This Chapter Within sixty (60) days of the effective date of this Chapter, the City Clerk shall send to all known entities possessing a valid and current State License a copy of this Chapter and shall post this Chapter in print or digitally in a newspaper of general circulation once a week for two (2) weeks and on the Office’s website. Failure to receive a notice shall not affect the applicability of this Chapter. § 337-19 Rules and Regulations The City Clerk, in conjunction with the Department, may issue and amend rules, regulations, standards, guidelines, or conditions to implement and enforce this Chapter. § 337-20 Severability If any section, subsection, sentence, clause, phrase, or portion of this chapter is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions thereof, which shall remain in full force and effect. § 337-21 Effective Date. Matter in strikethrough to be deleted. Matter underlined is new material. This Chapter shall be effective as of January 1, 2024 subject to and in accordance with the provisions of New York State Municipal Home Rule Law. Section 2. This local law shall take effect upon final passage, public hearing, and filing with the secretary of state, or as of January 1, 2024, whichever shall occur later. APPROVED AS TO FORM THIS 27TH DAY OF OCTOBER, 2023 ______________________________ Corporation Counsel Matter in strikethrough to be deleted. Matter underlined is new material. To: Shaniqua Jackson, Acting City Clerk From: Max Thierry, Junior Policy Analyst Re: Common Council Legislation Supporting Memorandum Date: October 11, 2023 Sponsor: Council Member Anane LOCAL LAW L of 2023 TITLE A LOCAL LAW AMENDING PART II (GENERAL LEGISLATION) OF THE CODE OF THE CITY OF ALBANY BY ENACTING A NEW CHAPTER 337 TO BE TITLED “TOBACCO RETAIL LICENSE” GENERAL PURPOSE OF LEGISLATION Tobacco use is the leading preventable cause of death in the United States, causing over 480,000 deaths in the United States each year from health conditions including but not limited to cancer and heart disease. In New York State, approximately 28,000 adults die from smoking-related illnesses each year. An overwhelming majority of Americans who smoke cigarettes daily first tried smoking by the age of 18, and youth who use e-cigarettes may be more likely to smoke cigarettes in the future. Tobacco product and electronic smoking device retail outlet density is associated with increased rates of smoking. Though it is unlawful to sell tobacco products to minors, according to a 2020 report by the New York State Department of Health’s Youth Access Tobacco Enforcement Program, 7.91% of the New York retailers surveyed do sell to minors; 92% of the Albany County retailers penalized for selling to minors during the April 2018-March 2019 reporting period are located within the City of Albany. The same report finds that 35.7% of high school seniors in New York State use tobacco products like cigarettes and e-cigarettes. This law creates a local licensing requirement for existing and future tobacco retailers in the City of Albany. Such a requirement would provide a local enforcement mechanism to allow the City of Albany to monitor and increase retailers’ compliance with federal, state, and local laws, including laws that prohibit the sale of tobacco products and electronic smoking devices to minors. It would also limit new tobacco retailers near schools, parks and existing licensed tobacco retailers, thereby reducing the density of tobacco retailers near youth-oriented facilities and across the City. When combined with the law’s gradual reduction in the maximum number of Tobacco Retail Licenses issued each year and the law’s authorization of penalties for unlicensed or noncompliant tobacco retailers, these measures will allow the City greater authority to shape tobacco retail within its limits. It is in the interest of the public health, safety and welfare of the citizens of the City of Albany that this authority will be exercised. NECESSITY FOR LEGISLATION AND ANY CHANGE TO EXISTING LAW The City of Albany has a substantial interest in reducing the number of individuals of all ages who use tobacco products and electronic smoking devices, and a particular interest in protecting youth from nicotine dependence and the illnesses and premature death associated with the use of tobacco products and electronic smoking devices. Implementing a local licensure system will ensure a local means of enforcement for the standards of tobacco retail in the City, and Tobacco Retail Licenses are a well-known, evidence-based approach to preventing chronic disease associated with tobacco use. As such, this law represents one step forward in the fight for health equity across the City of Albany. FISCAL IMPACT To be determined, though the implementation and running of this licensure program may require the hiring of additional staff. Council Member Anane introduced the following: ORDINANCE 74.111.23 AN ORDINANCE CREATING THE “COMMISSION ON THE MUNICIPAL FLAG” AND PROVIDING FOR THE RESPONSIBILITIES OF THE COMMISSION WITH RESPECT TO CREATING A CONTEST TO DETERMINE A NEW FLAG FOR THE CITY OF ALBANY The City of Albany, in Common Council convened, does hereby ordain and enact: Section 1. Establishment of Commission. The Common Council hereby establishes the City of Albany Commission on the Municipal Flag. Section 2. Membership; Term; Vacancies. A. The Commission shall consist of seven members, appointed by the Common Council. Vacancies shall be filled in the same manner as the original appointment. The appointing authority shall strive to include a mixture of appointees who are knowledgeable of efforts by other municipalities to successfully change their flag, have a background in the history of Albany, have a background in graphic design, or have a background in other fields the appointing authorities believe are crucial to the success of the Commission. B. The Commission shall appoint a chair through a majority vote of commission members. C. Members shall serve without compensation and at the pleasure of their appointing authority. Section 3. Powers and duties. A. The Commission shall create a contest wherein members of the public can submit proposals for a new flag for the City of Albany. The contest shall be open for submissions for a period of at least two months. Submissions must include a design, a name for the design, and an explanation of each piece of symbolism in the design. B. The Commission shall review the submitted flags and select no more than five finalists based on the following criteria: 1. The aesthetic design of the flag; the finalists should be relatively simple in color or design; 2. The use of symbolism that reflects the history, culture, and people of City of Albany, both in the designs, patterns, and colors of the flag; 3. The distinctiveness of the flag; the flag should clearly represent Albany, and while it can be inspired by other flags, it should be noticeably distinct from its inspirations; 4. The readability of the flag; symbols should be large enough to discern from a distance, so letters or small detailed images like seals should be avoided. 5. If any of these guidelines are intentionally not followed, the reason for such deviation from the guidelines should be articulated in the submission. C. The Commission shall create and maintain a website where members of the public can find information about the contest, including deadlines, criteria for judging flags, and information on members of the Commission. D. After the deadline for submissions has closed, the Commission shall have one month to select no more than five finalists. The Commission shall then hold a survey of Albany residents on these finalists. Such survey shall chose the winning submission, and such winning submission shall become the new flag of the City of Albany. Once a new flag is chosen by the residents of the City, the Commission shall present the winning flag and its symbolic context to the Common Council. Section 4. This ordinance shall take effect immediately and shall be repealed one month after the winning flag is presented to the Common Council. APPROVED AS TO FORM THIS 26TH DAY OF OCTOBER, 2023 ____________________________ Corporation Counsel To: Shaniqua Jackson, Acting City Clerk From: Jake Eisland, Research Counsel Re: Common Council Legislation Supporting Memorandum Date: October 23, 2023 Sponsor: Council Member Anane ORDINANCE 74.111.23 TITLE AN ORDINANCE CREATING THE “COMMISSION ON THE MUNICIPAL FLAG” AND PROVIDING FOR THE RESPONSIBILITIES OF THE COMMISSION WITH RESPECT TO CREATING A CONTEST TO DETERMINE A NEW FLAG FOR THE CITY OF ALBANY GENERAL PURPOSE OF LEGISLATION This ordinance creates the City of Albany Commission on the Municipal Flag. While the Seal of the City of Albany is enshrined in Chapter 15 of the Code, the Flag has never been so codified. In fact, reviews of common council minutes from when the flag was adopted demonstrate that the flag is in fact a de facto flag, rather than a de jure flag. This provides the people of Albany with an opportunity to create a symbol that represents the Albany of today. The mission of the commission is to facilitate the selection of a flag the represents Albany as it is and that residents can be proud of. NECESSITY FOR LEGISLATION: The Albany City flag was designed over a hundred years ago at the Henry Hudson Tricentennial. The flag, consisting of the City Seal on a Dutch tricolor, has served as the de facto flag for the city since. This style, a seal on a sheet, is very common among city and state flags. This legislation will give City of Albany an opportunity to create a new flag that better represents the City in 2023 as well as the people in it. The Commission will cease to exist, and this ordinance shall be repealed one month after the Commission completes its duties. FISCAL IMPACT None. Council Members Flynn and Kimbrough introduced the following: RESOLUTION 108.111.23R A RESOLUTION OF THE COMMON COUNCIL RECOGNIZING NOVEMBER 2023 AS EPILEPSY AWARENESS MONTH WHEREAS, National Epilepsy Awareness Month in November is an annual event that teaches people about epilepsy’s causes and symptoms; and WHEREAS, one in 26 people will be diagnosed with epilepsy at some point during their lifetime; and WHEREAS, there are 3.4 million people living with epilepsy in the United States, of whom 470,000 are children; and WHEREAS, epilepsy is one of the least understood of all the neurological diseases, yet it is the fourth most common; and WHEREAS, epilepsy is a brain disorder characterized by recurrent and unprovoked seizures that can affect anyone, at any age, any time; and WHEREAS, epilepsy is a spectrum disorder comprised of many diagnoses and experiences and includes a wide range of seizure types, comorbidities, control, severity, and outcomes varying from person-to-person; and WHEREAS, while many treatments are approved to treat seizures, at least 30% of people with epilepsy still live with uncontrolled seizures, and the medical costs associated with uncontrolled epilepsy are significantly higher than those of controlled epilepsy; and WHEREAS, we must increase public knowledge about the epilepsies and seizure first aid to change the way people think about the epilepsies and seizures, because 25% of the general public say they would be nervous around a person with epilepsy; and WHEREAS, lavender, or purple, is the international color recognized for those who suffer from epilepsy. NOW THEREFORE BE IT RESOLVED, that the Albany Common Council recognizes November 2023 as Epilepsy Awareness Month and encourages all residents to become further informed about epilepsy and all the ways it can be treated; and BE IT FURTHER RESOLVED, that the Common Council understands the impact that epilepsy has on the lives of many, while allowing the community to understand and learn about this disorder and the hard work that is put into treating everyone who is affected by this condition. TO: Shaniqua Jackson, Acting City Clerk FROM: Jake Eisland, Legislative Aide RE: Common Council Legislation Supporting Memorandum DATE: October 25, 2023 SPONSOR Council Member Flynn RESOLUTION 108.111.23R TITLE A RESOLUTION OF THE COMMON COUNCIL RECONGNIZING NOVEMBER 2023 AS EPILEPSY AWARENESS MONTH GENERAL PURPOSE OF LEGISLATION To officially express the intention of the Common Council. NECESSITY FOR LEGISLATION AND ANY CHANGE TO EXISTING LAW N/A FISCAL IMPACT None. Council Member Anane introduced the following: RESOLUTION 109.111.23R A RESOLUTION OF THE COMMON COUNCIL CALLING ON THE NEW YORK STATE LEGISLATURE AND NEW YORK STATE GOVERNOR KATHY HOCHUL TO PROVIDE THE CITY OF ALBANY WITH ITS FAIR SHARE OF UNRESTRICTED STATE AID AND TO MAKE PERMANENT A MINIMUM OF $15 MILLION IN CAPITAL CITY FUNDING WHEREAS, as the Capital City of the State of New York, over half of the property in the City of Albany is tax-exempt and most of that property is owned by the State; and WHEREAS, thousands of State employees commute into the City of Albany from nearby municipalities daily, the City hosts tens of thousands of visitors coming to engage in business with State entities and the City is called upon to assist in facilitating a number of rallies, marches and protests by outside interest groups visiting the New York State Capitol each year; and WHEREAS, the City of Albany receives less state aid as a percentage of its municipal general fund than every other large upstate city, with the exception of Schenectady; and WHEREAS, the City of Albany receives less Aid and Incentives for Municipalities (AIM) per capita than any other city with at least 48,000 residents, and that disparity only grows when the City of Albany’s daytime population is taken into account; and WHEREAS, the lack of adequate state aid results in significant strain on vital services that both residents and visitors of the City of Albany rely on every day; and WHEREAS, the cost of maintaining roads and sidewalks, providing police, fire and emergency services to State entities falls upon the tax paying residents of our Capital City; and WHEREAS, the City of Albany is constantly striving to make financially prudent choices which can been seen in the fact that the City’s budget has only increased by a total of 5% since 2016; and WHEREAS, Albany certainly has its fair share of challenges, evidenced by the fact that the City is home to more than 1,000 vacant buildings, a median household income of less than $50,000 and a poverty rate of almost 25%; and WHEREAS, these challenges along with the inequity in state funding puts the City in a precarious position most of which is no result of the City’s own actions but rather the fact that the Capital City is forced to return to the Legislature and Governor year after year to ask for what is rightfully owed to those who call Albany home; and NOW THEREFORE, BE IT RESOLVED, that the Common Council of the City of Albany hereby calls upon the New York State Legislature and Governor Kathy Hochul to pay the State’s fair share by including in the 2024 State Budget a permanent allocation of at minimum $15 million in Capital City Funding for the City of Albany; and BE IT FURTHER RESOLVED, the Common Council of the City of Albany wishes to see this Capital City Funding be made permanent, so Albany residents are relieved of their unfair and inequitable tax burdens while also allowing Albany the chance to continue to flourish and thrive as the Capital of the State of New York. To: Shaniqua Jackson, Acting City Clerk From: Jake Eisland, Esq., Research Counsel Re: Request for Common Council Legislation Supporting Memorandum Date: October 25, 2023 RESOLUTION 109.111.23R TITLE A RESOLUTION OF THE COMMON COUNCIL CALLING ON THE NEW YORK STATE LEGISLATURE AND NEW YORK STATE GOVERNOR KATHY HOCHUL TO PROVIDE THE CITY OF ALBANY WITH ITS FAIR SHARE OF UNRESTRICTED STATE AID AND TO MAKE PERMANENT A MINIMUM OF $15 MILLION IN CAPITAL CITY FUNDING GENERAL PURPOSE OF LEGISLATION To implore the New York State Legislature and Governor to make permanent a minimum of $15 million in Capital City Funding for the City of Albany. NECESSITY FOR LEGISLATION AND ANY CHANGE TO EXISTING LAW: This resolution seeks to make permanent a minimum of $15 million in Capital City Funding from the State of New York. It is no secret that the City of Albany receives less state aid than almost all other upstate cities, which is coupled with the fact that over half of the City’s assessed property value is tax exempt due to state ownership. The City of Albany also must maintain roads and sidewalks, as well as provide services for public employees who commute into the city from nearby suburbs daily. Albany has remained committed to making financially prudent choices and has engaged in measures to ensure the City is making the most of every tax-payer dollar. However, the fact is, there is a structural deficit in AIM funding and having to wait on baited breathe to find out whether or not the funding will be included in the budget yearly makes long-term planning and investment extremely difficult. The added tax burden on residents is also an unfortunate side effect of the amount of tax-exempt property situated within City limits. Thus, the Common Council finds it necessary that the State pay its fair share and to make permanent a minimum of $15 million in Capital City Funding. FISCAL IMPACT(S) If this funding is not provided by the State there will be large financial ramifications for the City of Albany. Council Member Frederick, on behalf of the Committee on Finance, Assessment and Taxation, introduced the following: RESOLUTION 110.111.23R A RESOLUTION OF THE COMMON COUNCIL REAPPOINTING RICHARD MCGLONE AS A MEMBER OF THE BOARD OF ASSESSMENT REVIEW WHEREAS, pursuant to section 523 (1)(b) of the Real Property Tax Law, the Common Council is required to appoint members to the Board of Assessment Review; and WHEREAS, pursuant to section 523(1)(c) of the Real Property Tax Law, the terms of office of members of the Board of Assessment Review are five years; and WHEREAS, the term of Richard McGlone has expired, leading to a vacancy on the Board; NOW, THEREFORE, BE IT RESOLVED, that Richard McGlone is hereby reappointed as a member of the Board of Assessment Review for a term of office ending September 30, 2028. To: Shaniqua Jackson, Acting City Clerk From: Bryan Jimenez, Senior Legislative Aide Re: Common Council Legislation Supporting Memorandum Date: October 24, 2023 Sponsor: Council Member Frederick on behalf of the Committee on Finance, Assessment and Taxation RESOLUTION 110.111.23R TITLE A RESOLUTION OF THE COMMON COUNCIL REAPPOINTING RICHARD MCGLONE AS A MEMBER OF THE BOARD OF ASSESSMENT REVIEW GENERAL PURPOSE OF LEGISLATION Richard McGlone previously served a term on the Board of Assessment Review from October 15, 2018, until September 30, 2023. This resolution would reappoint Mr. McGlone for a term expiring on September 30, 2028. FISCAL IMPACT(S) None. Council Member Frederick on behalf of the Committee on Finance, Assessment, and Taxation introduced the following: RESOLUTION 111.111.23R A RESOLUTION OF THE COMMON COUNCIL OUTLINING ITS ACTIONS AND EXPRESSING ITS FINDINGS AND INTENT CONCERNING THE CITY OF ALBANY 2024 BUDGET AS PROPOSED IN ORDINANCE 37.101.23 WHEREAS, on September 29, 2023, the Common Council received the Mayor’s proposed budget for the City of Albany for the fiscal year 2024 and the accompanying Mayor’s budget message; and WHEREAS, after receipt of such budget, the Finance, Taxation and Assessment Committee and the full Common Council engaged in an extensive review of the proposed budget which included over twelve meetings, discussions with ten Department heads, two public hearings, and requests for additional information; and WHEREAS, the Common Council has identified several areas of concern, needed amendments, and items requiring further action; NOW, THEREFORE, BE IT RESOLVED that the Common Council adopts the following statement outlining its findings, intent, and recommendations for future action concerning the Proposed City of Albany Budget for Fiscal Year 2024: Proposed 2024 City of Albany Budget Statement of Common Council Actions, Findings, Intent, and Recommendations To: Shaniqua Jackson, Acting City Clerk From: Jake Eisland, Esq., Research Counsel Bryan Jimenez, Senior Legislative Aide Re: Supporting Memorandum Date: October 24, 2023 Sponsor: Council Member Frederick on behalf of the Finance Committee RESOLUTION 111.111.23R TITLE RESOLUTION OF THE COMMON COUNCIL OUTLINING ITS ACTIONS AND EXPRESSING ITS FINDINGS AND INTENT CONCERNING THE CITY OF ALBANY 2023 BUDGET AS PROPOSED IN ORDINANCE 37.101.23 GENERAL PURPOSE OF LEGISLATION To adopt an explanatory resolution to be read in conjunction with the actions of the Common Council concerning the budget. FISCAL IMPACT None. COMMON COUNCIL OF THE CITY OF ALBANY ACTIVE LEGISLATION PREVIOUSLY INTRODUCED LEGISLATION NOW UNDER CONSIDERATION NOVEMBER 6, 2023 ORDINANCES 39.102.23 AN ORDINANCE AUTHORIZING CERTAIN PURCHASES BY THE CITY OF ALBANY, NEW YORK AT A MAXIMUM ESTIMATED COST OF $9,825,000 AND AUTHORIZING THE LEASE FINANCING OR THE ISSUANCE OF $5,000,000 SERIAL BONDS OF SAID CITY TO PAY THE COST THEREOF (DGS – STREET RECONSTRUCTION) 40.102.23 AN ORDINANCE AUTHORIZING CERTAIN PURCHASES BY THE CITY OF ALBANY, NEW YORK AT A MAXIMUM ESTIMATED COST OF $1,000,000 AND AUTHORIZING THE LEASE FINANCING OR THE ISSUANCE OF $1,000,000 SERIAL BONDS OF SAID CITY TO PAY THE COST THEREOF (DGS – ADA COMPLIANCE) 41.102.23 AN ORDINANCE AUTHORIZING CERTAIN PURCHASES BY THE CITY OF ALBANY, NEW YORK AT A MAXIMUM ESTIMATED COST OF $600,000 AND AUTHORIZING THE LEASE FINANCING OR THE ISSUANCE OF $600,000 SERIAL BONDS OF SAID CITY TO PAY THE COST THEREOF (DGS – SIDEWALK RECONSTRUCTION) 42.102.23 AN ORDINANCE AUTHORIZING CERTAIN PURCHASES BY THE CITY OF ALBANY, NEW YORK AT A MAXIMUM ESTIMATED COST OF $4,039,000 AND AUTHORIZING THE LEASE FINANCING OR THE ISSUANCE OF $4,039,000 SERIAL BONDS OF SAID CITY TO PAY THE COST THEREOF (DGS – MAINTENANCE EQUIPMENT) 43.102.23 AN ORDINANCE AUTHORIZING CERTAIN PURCHASES BY THE CITY OF ALBANY, NEW YORK AT A MAXIMUM ESTIMATED COST OF $291,000 AND AUTHORIZING THE LEASE FINANCING OR THE ISSUANCE OF $291,000 SERIAL BONDS OF SAID CITY TO PAY THE COST THEREOF (DGS – VEHICLES) 44.102.23 AN ORDINANCE AUTHORIZING CERTAIN PURCHASES BY THE CITY OF ALBANY, NEW YORK AT A MAXIMUM ESTIMATED COST OF $700,000 AND AUTHORIZING THE LEASE FINANCING OR THE ISSUANCE OF $700,000 SERIAL BONDS OF SAID CITY TO PAY THE COST THEREOF (DGS – SECURITY FENCE INSTALLATION) 45.102.23 AN ORDINANCE AUTHORIZING CERTAIN PURCHASES BY THE CITY OF ALBANY, NEW YORK AT A MAXIMUM ESTIMATED COST OF $539,000 AND AUTHORIZING THE LEASE FINANCING OR THE ISSUANCE OF $539,000 SERIAL BONDS OF SAID CITY TO PAY THE COST THEREOF (DGS – EQUIPMENT & FIXTURES) 46.102.23 AN ORDINANCE AUTHORIZING CERTAIN PURCHASES BY THE CITY OF ALBANY, NEW YORK AT A MAXIMUM ESTIMATED COST OF $600,000 AND AUTHORIZING THE LEASE FINANCING OR THE ISSUANCE OF $600,000 SERIAL BONDS OF SAID CITY TO PAY THE COST THEREOF (DGS – FUEL STORAGE & DISTRIBUTION SYSTEM) 47.102.23 AN ORDINANCE AUTHORIZING CERTAIN PURCHASES BY THE CITY OF ALBANY, NEW YORK AT A MAXIMUM ESTIMATED COST OF $200,000 AND AUTHORIZING THE LEASE FINANCING OR THE ISSUANCE OF $200,000 SERIAL BONDS OF SAID CITY TO PAY THE COST THEREOF (DGS – CAPITAL HILLS REHABILITATION & IMPROVEMENTS ) 48.102.23 AN ORDINANCE AUTHORIZING CERTAIN PURCHASES BY THE CITY OF ALBANY, NEW YORK AT A MAXIMUM ESTIMATED COST OF $1,000,000 AND AUTHORIZING THE LEASE FINANCING OR THE ISSUANCE OF $1,000,000 SERIAL BONDS OF SAID CITY TO PAY THE COST THEREOF (DGS – WASTE MANAGEMENT PLAN ) 49.102.23 AN ORDINANCE AUTHORIZING CERTAIN PURCHASES BY THE CITY OF ALBANY, NEW YORK AT A MAXIMUM ESTIMATED COST OF $1,984,000 AND AUTHORIZING THE LEASE FINANCING OR THE ISSUANCE OF $1,984,000 SERIAL BONDS OF SAID CITY TO PAY THE COST THEREOF (DGS – SOLID WASTE VEHICLES) Council Member Frederick, on behalf of the Committee on Finance, Assessment and Taxation, introduced the following ORDINANCE 39.102.23 AN ORDINANCE AUTHORIZING CERTAIN PURCHASES BY THE CITY OF ALBANY, NEW YORK AT A MAXIMUM ESTIMATED COST OF $9,825,000 AND AUTHORIZING THE LEASE FINANCING OR THE ISSUANCE OF $5,000,000 SERIAL BONDS OF SAID CITY TO PAY THE COST THEREOF (DGS – STREET RECONSTRUCTION) The City of Albany, in Common Council convened, does hereby ordain and enact: Section 1. The objects or purposes to be authorized and financed pursuant to this ordinance are set forth below, together with estimates of the maximum estimated costs thereof; determinations of the periods of probable usefulness thereof and the subparagraphs of Section 11.00(a) of the New York Local Finance Law pursuant to which it is determined; the maximum amount of the bonds to be issued with respect to such object or purpose and the maximum term of the obligations to be issued with respect to each project or purpose. Object or Purpose: Reconstruction, widening, or resurfacing of streets Local Finance Law Section 11(a) Clause: (20)(d) Period of Probable Usefulness: 15 years Maximum Term of Obligations: 15 years Maximum Estimated Cost: $9,825,000 Maximum Amount of Bonds: $5,000,000 Treasurer’s Project Number(s): GH.1492.5010.9413 Section 2. The plan of financing such objects or purposes is the lease financing of or the issuance of $5,000,000 serial bonds hereby authorized to be issued. Section 3. It is hereby ordered and directed that the projects specified above be undertaken and the amounts set forth as the maximum estimated costs are hereby appropriated therefor. The Board of Contract and Supply is hereby authorized to take such necessary and further steps to carry out the provisions of this section. Section 4. Pending the sale of the bonds herein authorized, the temporary use of funds from the City’s general fund, pursuant to the provisions of section 165.10 of the New York Local Finance Law, is hereby authorized. The City reasonably expects to reimburse such temporary expenditures with the proceeds of the bonds or bond anticipation notes authorized by Section 1 of this ordinance. This ordinance shall constitute the City’s “official intent” to reimburse such temporary expenditures in accordance with Untied States Treasury Regulation section 1.150-2. Section 5. The faith and credit of the City of Albany, New York, are hereby irrevocably pledged for the payment of the principal of and interest on such leases or bonds as the same respectively become due and payable. An annual appropriation shall be made in each year sufficient to pay the principal of and interest on such leases or bonds becoming due and payable in such year and such debt service payments may be made in substantially level or declining amounts as may be authorized by law. There shall annually be levied on all taxable real property of said City, a tax sufficient to pay the principal of and interest on such leases or bonds as the same become due and payable. Section 6. Subject to the provisions of the New York Local Finance Law, the power to authorize the issuance of and to sell bond anticipation notes in anticipation of the issuance and sale of the serial bonds herein authorized, including renewals of such notes, is hereby delegated in the City Treasurer, as chief fiscal officer of the City of Albany. Such notes shall be of such terms, form and contents, and shall be sold in such manner, as may be prescribed by said City Treasurer, consistent with the provisions of Local Finance Law. Section 7. The City Treasurer is further authorized to take such actions and execute such documents as may be necessary to ensure the continued status of the interest on the leases or bonds authorized by this resolution and any notes issued in anticipation thereof, as excludable from federal income taxation pursuant to Section 103 of the Internal Revenue Code of 1986, as amended (the “Code”) and to designate the bonds authorized by this resolution, and any notes issued in anticipation thereof as “qualified tax-exempt bonds” in accordance with Section 265(b)(3)(B)(i) of the Code. Section 8. The City Treasurer is further authorized to enter into a continuing disclosure agreement with the initial issuer of the leases or the purchaser of the bonds or notes authorized by this resolution, containing provisions which are satisfactory to such purchaser in compliance with the provisions of Rule 15c12-12, promulgated by the Securities and Exchange Commission, pursuant to the Securities and Exchange Act of 1934. Section 9. The validity of such leases or bonds and bond anticipation notes may be contested only if: (a) Such obligations are authorized for an object or purpose for which said City is not authorized to expend money, or (b) The provisions of law which should be complied with at the date of publication of this ordinance pursuant to Section 8 hereof are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of such publication, or (c) Such obligations are authorized in violation of the provisions of the Constitution. Section 10. Upon this ordinance taking effect, the Clerk of the Common Council is hereby authorized and directed to publish the same together with a notice in substantially the form set forth in section 81.00 of the New York Local Finance Law. Section 11. It is hereby determined that except as hereinafter specified, the authority and funding of the projects aforesaid constitute either unlisted or Type II actions under the New York State Environmental Quality Review Act and the regulations promulgated thereunder having no adverse effect upon the environment. Section 12. This ordinance shall be dated October 16, 2023, and shall take effect upon its approval by the Board of Estimate and Apportionment of the City of Albany. APPROVED AS TO FORM THIS 6TH DAY OF OCTOBER, 2023 _______________________________ Corporation Counsel Council Member Frederick, on behalf of the Committee on Finance, Assessment and Taxation, introduced the following ORDINANCE 40.102.23 AN ORDINANCE AUTHORIZING CERTAIN PURCHASES BY THE CITY OF ALBANY, NEW YORK AT A MAXIMUM ESTIMATED COST OF $1,000,000 AND AUTHORIZING THE LEASE FINANCING OR THE ISSUANCE OF $1,000,000 SERIAL BONDS OF SAID CITY TO PAY THE COST THEREOF (DGS – ADA COMPLIANCE) The City of Albany, in Common Council convened, does hereby ordain and enact: Section 1. The objects or purposes to be authorized and financed pursuant to this ordinance are set forth below, together with estimates of the maximum estimated costs thereof; determinations of the periods of probable usefulness thereof and the subparagraphs of Section 11.00(a) of the New York Local Finance Law pursuant to which it is determined; the maximum amount of the bonds to be issued with respect to such object or purpose and the maximum term of the obligations to be issued with respect to each project or purpose. Object or Purpose: Rehabilitation of sidewalks, curbs, and gutters to conform with ADA Local Finance Law Section 11(a) Clause: (24) Period of Probable Usefulness: 10 years Maximum Term of Obligations: 10 years Maximum Estimated Cost: $1,000,000 Maximum Amount of Bonds: $1,000,000 Treasurer’s Project Number(s): GH.1492.5010.9408 Section 2. The plan of financing such objects or purposes is the lease financing of or the issuance of $1,000,000 serial bonds hereby authorized to be issued. Section 3. It is hereby ordered and directed that the projects specified above be undertaken and the amounts set forth as the maximum estimated costs are hereby appropriated therefor. The Board of Contract and Supply is hereby authorized to take such necessary and further steps to carry out the provisions of this section. Section 4. Pending the sale of the bonds herein authorized, the temporary use of funds from the City’s general fund, pursuant to the provisions of section 165.10 of the New York Local Finance Law, is hereby authorized. The City reasonably expects to reimburse such temporary expenditures with the proceeds of the bonds or bond anticipation notes authorized by Section 1 of this ordinance. This ordinance shall constitute the City’s “official intent” to reimburse such temporary expenditures in accordance with Untied States Treasury Regulation section 1.150-2. Section 5. The faith and credit of the City of Albany, New York, are hereby irrevocably pledged for the payment of the principal of and interest on such leases or bonds as the same respectively become due and payable. An annual appropriation shall be made in each year sufficient to pay the principal of and interest on such leases or bonds becoming due and payable in such year and such debt service payments may be made in substantially level or declining amounts as may be authorized by law. There shall annually be levied on all taxable real property of said City, a tax sufficient to pay the principal of and interest on such leases or bonds as the same become due and payable. Section 6. Subject to the provisions of the New York Local Finance Law, the power to authorize the issuance of and to sell bond anticipation notes in anticipation of the issuance and sale of the serial bonds herein authorized, including renewals of such notes, is hereby delegated in the City Treasurer, as chief fiscal officer of the City of Albany. Such notes shall be of such terms, form and contents, and shall be sold in such manner, as may be prescribed by said City Treasurer, consistent with the provisions of Local Finance Law. Section 7. The City Treasurer is further authorized to take such actions and execute such documents as may be necessary to ensure the continued status of the interest on the leases or bonds authorized by this resolution and any notes issued in anticipation thereof, as excludable from federal income taxation pursuant to Section 103 of the Internal Revenue Code of 1986, as amended (the “Code”) and to designate the bonds authorized by this resolution, and any notes issued in anticipation thereof as “qualified tax-exempt bonds” in accordance with Section 265(b)(3)(B)(i) of the Code. Section 8. The City Treasurer is further authorized to enter into a continuing disclosure agreement with the initial issuer of the leases or the purchaser of the bonds or notes authorized by this resolution, containing provisions which are satisfactory to such purchaser in compliance with the provisions of Rule 15c12-12, promulgated by the Securities and Exchange Commission, pursuant to the Securities and Exchange Act of 1934. Section 9. The validity of such leases or bonds and bond anticipation notes may be contested only if: (a) Such obligations are authorized for an object or purpose for which said City is not authorized to expend money, or (b) The provisions of law which should be complied with at the date of publication of this ordinance pursuant to Section 8 hereof are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of such publication, or (c) Such obligations are authorized in violation of the provisions of the Constitution. Section 10. Upon this ordinance taking effect, the Clerk of the Common Council is hereby authorized and directed to publish the same together with a notice in substantially the form set forth in section 81.00 of the New York Local Finance Law. Section 11. It is hereby determined that except as hereinafter specified, the authority and funding of the projects aforesaid constitute either unlisted or Type II actions under the New York State Environmental Quality Review Act and the regulations promulgated thereunder having no adverse effect upon the environment. Section 12. This ordinance shall be dated October 16, 2023, and shall take effect upon its approval by the Board of Estimate and Apportionment of the City of Albany. APPROVED AS TO FORM THIS 6TH DAY OF OCTOBER, 2023 _______________________________ Corporation Counsel Council Member Frederick, on behalf of the Finance, Taxation and Assessment Committee, introduced the following ORDINANCE 41.102.23 AN ORDINANCE AUTHORIZING CERTAIN PURCHASES BY THE CITY OF ALBANY, NEW YORK AT A MAXIMUM ESTIMATED COST OF $600,000 AND AUTHORIZING THE LEASE FINANCING OR THE ISSUANCE OF $600,000 SERIAL BONDS OF SAID CITY TO PAY THE COST THEREOF (DGS – SIDEWALK RECONSTRUCTION) The City of Albany, in Common Council convened, does hereby ordain and enact: Section 1. The objects or purposes to be authorized and financed pursuant to this ordinance are set forth below, together with estimates of the maximum estimated costs thereof; determinations of the periods of probable usefulness thereof and the subparagraphs of Section 11.00(a) of the New York Local Finance Law pursuant to which it is determined; the maximum amount of the bonds to be issued with respect to such object or purpose and the maximum term of the obligations to be issued with respect to each project or purpose. Object or Purpose: Rehabilitation of sidewalks, curbs, and gutters to conform with ADA Local Finance Law Section 11(a) Clause: (24) Period of Probable Usefulness: 10 years Maximum Term of Obligations: 10 years Maximum Estimated Cost: $600,000 Maximum Amount of Bonds: $600,000 Treasurer’s Project Number(s): GH.1492.5010.9425 Section 2. The plan of financing such objects or purposes is the lease financing of or the issuance of $600,000 serial bonds hereby authorized to be issued. Section 3. It is hereby ordered and directed that the projects specified above be undertaken and the amounts set forth as the maximum estimated costs are hereby appropriated therefor. The Board of Contract and Supply is hereby authorized to take such necessary and further steps to carry out the provisions of this section. Section 4. Pending the sale of the bonds herein authorized, the temporary use of funds from the City’s general fund, pursuant to the provisions of section 165.10 of the New York Local Finance Law, is hereby authorized. The City reasonably expects to reimburse such temporary expenditures with the proceeds of the bonds or bond anticipation notes authorized by Section 1 of this ordinance. This ordinance shall constitute the City’s “official intent” to reimburse such temporary expenditures in accordance with Untied States Treasury Regulation section 1.150-2. Section 5. The faith and credit of the City of Albany, New York, are hereby irrevocably pledged for the payment of the principal of and interest on such leases or bonds as the same respectively become due and payable. An annual appropriation shall be made in each year sufficient to pay the principal of and interest on such leases or bonds becoming due and payable in such year and such debt service payments may be made in substantially level or declining amounts as may be authorized by law. There shall annually be levied on all taxable real property of said City, a tax sufficient to pay the principal of and interest on such leases or bonds as the same become due and payable. Section 6. Subject to the provisions of the New York Local Finance Law, the power to authorize the issuance of and to sell bond anticipation notes in anticipation of the issuance and sale of the serial bonds herein authorized, including renewals of such notes, is hereby delegated in the City Treasurer, as chief fiscal officer of the City of Albany. Such notes shall be of such terms, form and contents, and shall be sold in such manner, as may be prescribed by said City Treasurer, consistent with the provisions of Local Finance Law. Section 7. The City Treasurer is further authorized to take such actions and execute such documents as may be necessary to ensure the continued status of the interest on the leases or bonds authorized by this resolution and any notes issued in anticipation thereof, as excludable from federal income taxation pursuant to Section 103 of the Internal Revenue Code of 1986, as amended (the “Code”) and to designate the bonds authorized by this resolution, and any notes issued in anticipation thereof as “qualified tax-exempt bonds” in accordance with Section 265(b)(3)(B)(i) of the Code. Section 8. The City Treasurer is further authorized to enter into a continuing disclosure agreement with the initial issuer of the leases or the purchaser of the bonds or notes authorized by this resolution, containing provisions which are satisfactory to such purchaser in compliance with the provisions of Rule 15c12-12, promulgated by the Securities and Exchange Commission, pursuant to the Securities and Exchange Act of 1934. Section 9. The validity of such leases or bonds and bond anticipation notes may be contested only if: (a) Such obligations are authorized for an object or purpose for which said City is not authorized to expend money, or (b) The provisions of law which should be complied with at the date of publication of this ordinance pursuant to Section 8 hereof are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of such publication, or (c) Such obligations are authorized in violation of the provisions of the Constitution. Section 10. Upon this ordinance taking effect, the Clerk of the Common Council is hereby authorized and directed to publish the same together with a notice in substantially the form set forth in section 81.00 of the New York Local Finance Law. Section 11. It is hereby determined that except as hereinafter specified, the authority and funding of the projects aforesaid constitute either unlisted or Type II actions under the New York State Environmental Quality Review Act and the regulations promulgated thereunder having no adverse effect upon the environment. Section 12. This ordinance shall be dated October 16, 2023, and shall take effect upon its approval by the Board of Estimate and Apportionment of the City of Albany. APPROVED AS TO FORM THIS 13TH DAY OF OCTOBER, 2023 _______________________________ Corporation Counsel Council Member Frederick, on behalf of the Committee on Finance, Assessment and Taxation, introduced the following ORDINANCE 42.102.23 AN ORDINANCE AUTHORIZING CERTAIN PURCHASES BY THE CITY OF ALBANY, NEW YORK AT A MAXIMUM ESTIMATED COST OF $4,039,000 AND AUTHORIZING THE LEASE FINANCING OR THE ISSUANCE OF $4,039,000 SERIAL BONDS OF SAID CITY TO PAY THE COST THEREOF (DGS – MAINTENANCE EQUIPMENT) The City of Albany, in Common Council convened, does hereby ordain and enact: Section 1. The objects or purposes to be authorized and financed pursuant to this ordinance are set forth below, together with estimates of the maximum estimated costs thereof; determinations of the periods of probable usefulness thereof and the subparagraphs of Section 11.00(a) of the New York Local Finance Law pursuant to which it is determined; the maximum amount of the bonds to be issued with respect to such object or purpose and the maximum term of the obligations to be issued with respect to each project or purpose. Object or Purpose: Acquisition of maintenance equipment Local Finance Law Section 11(a) Clause: (28) Period of Probable Usefulness: 15 years Maximum Term of Obligations: 15 years Maximum Estimated Cost: $4,039,000 Maximum Amount of Bonds: $4,039,000 Treasurer’s Project Number(s): GH.1492.5010.9401 Section 2. The plan of financing such objects or purposes is the lease financing of or the issuance of $4,039,000 serial bonds hereby authorized to be issued. Section 3. It is hereby ordered and directed that the projects specified above be undertaken and the amounts set forth as the maximum estimated costs are hereby appropriated therefor. The Board of Contract and Supply is hereby authorized to take such necessary and further steps to carry out the provisions of this section. Section 4. Pending the sale of the bonds herein authorized, the temporary use of funds from the City’s general fund, pursuant to the provisions of section 165.10 of the New York Local Finance Law, is hereby authorized. The City reasonably expects to reimburse such temporary expenditures with the proceeds of the bonds or bond anticipation notes authorized by Section 1 of this ordinance. This ordinance shall constitute the City’s “official intent” to reimburse such temporary expenditures in accordance with Untied States Treasury Regulation section 1.150-2. Section 5. The faith and credit of the City of Albany, New York, are hereby irrevocably pledged for the payment of the principal of and interest on such leases or bonds as the same respectively become due and payable. An annual appropriation shall be made in each year sufficient to pay the principal of and interest on such leases or bonds becoming due and payable in such year and such debt service payments may be made in substantially level or declining amounts as may be authorized by law. There shall annually be levied on all taxable real property of said City, a tax sufficient to pay the principal of and interest on such leases or bonds as the same become due and payable. Section 6. Subject to the provisions of the New York Local Finance Law, the power to authorize the issuance of and to sell bond anticipation notes in anticipation of the issuance and sale of the serial bonds herein authorized, including renewals of such notes, is hereby delegated in the City Treasurer, as chief fiscal officer of the City of Albany. Such notes shall be of such terms, form and contents, and shall be sold in such manner, as may be prescribed by said City Treasurer, consistent with the provisions of Local Finance Law. Section 7. The City Treasurer is further authorized to take such actions and execute such documents as may be necessary to ensure the continued status of the interest on the leases or bonds authorized by this resolution and any notes issued in anticipation thereof, as excludable from federal income taxation pursuant to Section 103 of the Internal Revenue Code of 1986, as amended (the “Code”) and to designate the bonds authorized by this resolution, and any notes issued in anticipation thereof as “qualified tax-exempt bonds” in accordance with Section 265(b)(3)(B)(i) of the Code. Section 8. The City Treasurer is further authorized to enter into a continuing disclosure agreement with the initial issuer of the leases or the purchaser of the bonds or notes authorized by this resolution, containing provisions which are satisfactory to such purchaser in compliance with the provisions of Rule 15c12-12, promulgated by the Securities and Exchange Commission, pursuant to the Securities and Exchange Act of 1934. Section 9. The validity of such leases or bonds and bond anticipation notes may be contested only if: (a) Such obligations are authorized for an object or purpose for which said City is not authorized to expend money, or (b) The provisions of law which should be complied with at the date of publication of this ordinance pursuant to Section 8 hereof are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of such publication, or (c) Such obligations are authorized in violation of the provisions of the Constitution. Section 10. Upon this ordinance taking effect, the Clerk of the Common Council is hereby authorized and directed to publish the same together with a notice in substantially the form set forth in section 81.00 of the New York Local Finance Law. Section 11. It is hereby determined that except as hereinafter specified, the authority and funding of the projects aforesaid constitute either unlisted or Type II actions under the New York State Environmental Quality Review Act and the regulations promulgated thereunder having no adverse effect upon the environment. Section 12. This ordinance shall be dated October 16, 2023, and shall take effect upon its approval by the Board of Estimate and Apportionment of the City of Albany. APPROVED AS TO FORM THIS 6TH DAY OF OCTOBER, 2023 _______________________________ Corporation Counsel Council Member Frederick, on behalf of the Committee on Finance, Assessment and Taxation, introduced the following ORDINANCE 43.102.23 AN ORDINANCE AUTHORIZING CERTAIN PURCHASES BY THE CITY OF ALBANY, NEW YORK AT A MAXIMUM ESTIMATED COST OF $291,000 AND AUTHORIZING THE LEASE FINANCING OR THE ISSUANCE OF $291,000 SERIAL BONDS OF SAID CITY TO PAY THE COST THEREOF (DGS – VEHICLES) The City of Albany, in Common Council convened, does hereby ordain and enact: Section 1. The objects or purposes to be authorized and financed pursuant to this ordinance are set forth below, together with estimates of the maximum estimated costs thereof; determinations of the periods of probable usefulness thereof and the subparagraphs of Section 11.00(a) of the New York Local Finance Law pursuant to which it is determined; the maximum amount of the bonds to be issued with respect to such object or purpose and the maximum term of the obligations to be issued with respect to each project or purpose. Object or Purpose: Acquisition of motor vehicles as required for DGS operations Local Finance Law Section 11(a) Clause: (29) Period of Probable Usefulness: 5 years Maximum Term of Obligations: 5 years Maximum Estimated Cost: $291,000 Maximum Amount of Bonds: $291,000 Treasurer’s Project Number(s): GH.1492.5010.9405 Section 2. The plan of financing such objects or purposes is the lease financing of or the issuance of $291,000 serial bonds hereby authorized to be issued. Section 3. It is hereby ordered and directed that the projects specified above be undertaken and the amounts set forth as the maximum estimated costs are hereby appropriated therefor. The Board of Contract and Supply is hereby authorized to take such necessary and further steps to carry out the provisions of this section. Section 4. Pending the sale of the bonds herein authorized, the temporary use of funds from the City’s general fund, pursuant to the provisions of section 165.10 of the New York Local Finance Law, is hereby authorized. The City reasonably expects to reimburse such temporary expenditures with the proceeds of the bonds or bond anticipation notes authorized by Section 1 of this ordinance. This ordinance shall constitute the City’s “official intent” to reimburse such temporary expenditures in accordance with Untied States Treasury Regulation section 1.150-2. Section 5. The faith and credit of the City of Albany, New York, are hereby irrevocably pledged for the payment of the principal of and interest on such leases or bonds as the same respectively become due and payable. An annual appropriation shall be made in each year sufficient to pay the principal of and interest on such leases or bonds becoming due and payable in such year and such debt service payments may be made in substantially level or declining amounts as may be authorized by law. There shall annually be levied on all taxable real property of said City, a tax sufficient to pay the principal of and interest on such leases or bonds as the same become due and payable. Section 6. Subject to the provisions of the New York Local Finance Law, the power to authorize the issuance of and to sell bond anticipation notes in anticipation of the issuance and sale of the serial bonds herein authorized, including renewals of such notes, is hereby delegated in the City Treasurer, as chief fiscal officer of the City of Albany. Such notes shall be of such terms, form and contents, and shall be sold in such manner, as may be prescribed by said City Treasurer, consistent with the provisions of Local Finance Law. Section 7. The City Treasurer is further authorized to take such actions and execute such documents as may be necessary to ensure the continued status of the interest on the leases or bonds authorized by this resolution and any notes issued in anticipation thereof, as excludable from federal income taxation pursuant to Section 103 of the Internal Revenue Code of 1986, as amended (the “Code”) and to designate the bonds authorized by this resolution, and any notes issued in anticipation thereof as “qualified tax-exempt bonds” in accordance with Section 265(b)(3)(B)(i) of the Code. Section 8. The City Treasurer is further authorized to enter into a continuing disclosure agreement with the initial issuer of the leases or the purchaser of the bonds or notes authorized by this resolution, containing provisions which are satisfactory to such purchaser in compliance with the provisions of Rule 15c12-12, promulgated by the Securities and Exchange Commission, pursuant to the Securities and Exchange Act of 1934. Section 9. The validity of such leases or bonds and bond anticipation notes may be contested only if: (a) Such obligations are authorized for an object or purpose for which said City is not authorized to expend money, or (b) The provisions of law which should be complied with at the date of publication of this ordinance pursuant to Section 8 hereof are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of such publication, or (c) Such obligations are authorized in violation of the provisions of the Constitution. Section 10. Upon this ordinance taking effect, the Clerk of the Common Council is hereby authorized and directed to publish the same together with a notice in substantially the form set forth in section 81.00 of the New York Local Finance Law. Section 11. It is hereby determined that except as hereinafter specified, the authority and funding of the projects aforesaid constitute either unlisted or Type II actions under the New York State Environmental Quality Review Act and the regulations promulgated thereunder having no adverse effect upon the environment. Section 12. This ordinance shall be dated October 16, 2023, and shall take effect upon its approval by the Board of Estimate and Apportionment of the City of Albany. APPROVED AS TO FORM THIS 6TH DAY OF OCTOBER, 2023 _______________________________ Corporation Counsel Council Member Frederick, on behalf of the Committee on Finance, Assessment and Taxation, introduced the following ORDINANCE 44.102.23 AN ORDINANCE AUTHORIZING CERTAIN PURCHASES BY THE CITY OF ALBANY, NEW YORK AT A MAXIMUM ESTIMATED COST OF $700,000 AND AUTHORIZING THE LEASE FINANCING OR THE ISSUANCE OF $700,000 SERIAL BONDS OF SAID CITY TO PAY THE COST THEREOF (DGS – SECURITY FENCE INSTALLATION) The City of Albany, in Common Council convened, does hereby ordain and enact: Section 1. The objects or purposes to be authorized and financed pursuant to this ordinance are set forth below, together with estimates of the maximum estimated costs thereof; determinations of the periods of probable usefulness thereof and the subparagraphs of Section 11.00(a) of the New York Local Finance Law pursuant to which it is determined; the maximum amount of the bonds to be issued with respect to such object or purpose and the maximum term of the obligations to be issued with respect to each project or purpose. Object or Purpose: Acquisition and installation of fencing at City facilities Local Finance Law Section 11(a) Clause: (32) Period of Probable Usefulness: 5 years Maximum Term of Obligations: 5 years Maximum Estimated Cost: $700,000 Maximum Amount of Bonds: $700,000 Treasurer’s Project Number(s): GH.1492.5010.9404 Section 2. The plan of financing such objects or purposes is the lease financing of or the issuance of $700,000 serial bonds hereby authorized to be issued. Section 3. It is hereby ordered and directed that the projects specified above be undertaken and the amounts set forth as the maximum estimated costs are hereby appropriated therefor. The Board of Contract and Supply is hereby authorized to take such necessary and further steps to carry out the provisions of this section. Section 4. Pending the sale of the bonds herein authorized, the temporary use of funds from the City’s general fund, pursuant to the provisions of section 165.10 of the New York Local Finance Law, is hereby authorized. The City reasonably expects to reimburse such temporary expenditures with the proceeds of the bonds or bond anticipation notes authorized by Section 1 of this ordinance. This ordinance shall constitute the City’s “official intent” to reimburse such temporary expenditures in accordance with Untied States Treasury Regulation section 1.150-2. Section 5. The faith and credit of the City of Albany, New York, are hereby irrevocably pledged for the payment of the principal of and interest on such leases or bonds as the same respectively become due and payable. An annual appropriation shall be made in each year sufficient to pay the principal of and interest on such leases or bonds becoming due and payable in such year and such debt service payments may be made in substantially level or declining amounts as may be authorized by law. There shall annually be levied on all taxable real property of said City, a tax sufficient to pay the principal of and interest on such leases or bonds as the same become due and payable. Section 6. Subject to the provisions of the New York Local Finance Law, the power to authorize the issuance of and to sell bond anticipation notes in anticipation of the issuance and sale of the serial bonds herein authorized, including renewals of such notes, is hereby delegated in the City Treasurer, as chief fiscal officer of the City of Albany. Such notes shall be of such terms, form and contents, and shall be sold in such manner, as may be prescribed by said City Treasurer, consistent with the provisions of Local Finance Law. Section 7. The City Treasurer is further authorized to take such actions and execute such documents as may be necessary to ensure the continued status of the interest on the leases or bonds authorized by this resolution and any notes issued in anticipation thereof, as excludable from federal income taxation pursuant to Section 103 of the Internal Revenue Code of 1986, as amended (the “Code”) and to designate the bonds authorized by this resolution, and any notes issued in anticipation thereof as “qualified tax-exempt bonds” in accordance with Section 265(b)(3)(B)(i) of the Code. Section 8. The City Treasurer is further authorized to enter into a continuing disclosure agreement with the initial issuer of the leases or the purchaser of the bonds or notes authorized by this resolution, containing provisions which are satisfactory to such purchaser in compliance with the provisions of Rule 15c12-12, promulgated by the Securities and Exchange Commission, pursuant to the Securities and Exchange Act of 1934. Section 9. The validity of such leases or bonds and bond anticipation notes may be contested only if: (a) Such obligations are authorized for an object or purpose for which said City is not authorized to expend money, or (b) The provisions of law which should be complied with at the date of publication of this ordinance pursuant to Section 8 hereof are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of such publication, or (c) Such obligations are authorized in violation of the provisions of the Constitution. Section 10. Upon this ordinance taking effect, the Clerk of the Common Council is hereby authorized and directed to publish the same together with a notice in substantially the form set forth in section 81.00 of the New York Local Finance Law. Section 11. It is hereby determined that except as hereinafter specified, the authority and funding of the projects aforesaid constitute either unlisted or Type II actions under the New York State Environmental Quality Review Act and the regulations promulgated thereunder having no adverse effect upon the environment. Section 12. This ordinance shall be dated October 16, 2023, and shall take effect upon its approval by the Board of Estimate and Apportionment of the City of Albany. APPROVED AS TO FORM THIS 6TH DAY OF OCTOBER, 2023 _______________________________ Corporation Counsel Council Member Frederick, on behalf of the Committee on Finance, Assessment and Taxation, introduced the following ORDINANCE 45.102.23 AN ORDINANCE AUTHORIZING CERTAIN PURCHASES BY THE CITY OF ALBANY, NEW YORK AT A MAXIMUM ESTIMATED COST OF $539,000 AND AUTHORIZING THE LEASE FINANCING OR THE ISSUANCE OF $539,000 SERIAL BONDS OF SAID CITY TO PAY THE COST THEREOF (DGS – EQUIPMENT & FIXTURES) The City of Albany, in Common Council convened, does hereby ordain and enact: Section 1. The objects or purposes to be authorized and financed pursuant to this ordinance are set forth below, together with estimates of the maximum estimated costs thereof; determinations of the periods of probable usefulness thereof and the subparagraphs of Section 11.00(a) of the New York Local Finance Law pursuant to which it is determined; the maximum amount of the bonds to be issued with respect to such object or purpose and the maximum term of the obligations to be issued with respect to each project or purpose. Object or Purpose: Acquisition or replacement of equipment for physical public betterment(s) Local Finance Law Section 11(a) Clause: (32) Period of Probable Usefulness: 5 years Maximum Term of Obligations: 5 years Maximum Estimated Cost: $539,000 Maximum Amount of Bonds: $539,000 Treasurer’s Project Number(s): GH.1492.5010.9426 Section 2. The plan of financing such objects or purposes is the lease financing of or the issuance of $539,000 serial bonds hereby authorized to be issued. Section 3. It is hereby ordered and directed that the projects specified above be undertaken and the amounts set forth as the maximum estimated costs are hereby appropriated therefor. The Board of Contract and Supply is hereby authorized to take such necessary and further steps to carry out the provisions of this section. Section 4. Pending the sale of the bonds herein authorized, the temporary use of funds from the City’s general fund, pursuant to the provisions of section 165.10 of the New York Local Finance Law, is hereby authorized. The City reasonably expects to reimburse such temporary expenditures with the proceeds of the bonds or bond anticipation notes authorized by Section 1 of this ordinance. This ordinance shall constitute the City’s “official intent” to reimburse such temporary expenditures in accordance with Untied States Treasury Regulation section 1.150-2. Section 5. The faith and credit of the City of Albany, New York, are hereby irrevocably pledged for the payment of the principal of and interest on such leases or bonds as the same respectively become due and payable. An annual appropriation shall be made in each year sufficient to pay the principal of and interest on such leases or bonds becoming due and payable in such year and such debt service payments may be made in substantially level or declining amounts as may be authorized by law. There shall annually be levied on all taxable real property of said City, a tax sufficient to pay the principal of and interest on such leases or bonds as the same become due and payable. Section 6. Subject to the provisions of the New York Local Finance Law, the power to authorize the issuance of and to sell bond anticipation notes in anticipation of the issuance and sale of the serial bonds herein authorized, including renewals of such notes, is hereby delegated in the City Treasurer, as chief fiscal officer of the City of Albany. Such notes shall be of such terms, form and contents, and shall be sold in such manner, as may be prescribed by said City Treasurer, consistent with the provisions of Local Finance Law. Section 7. The City Treasurer is further authorized to take such actions and execute such documents as may be necessary to ensure the continued status of the interest on the leases or bonds authorized by this resolution and any notes issued in anticipation thereof, as excludable from federal income taxation pursuant to Section 103 of the Internal Revenue Code of 1986, as amended (the “Code”) and to designate the bonds authorized by this resolution, and any notes issued in anticipation thereof as “qualified tax-exempt bonds” in accordance with Section 265(b)(3)(B)(i) of the Code. Section 8. The City Treasurer is further authorized to enter into a continuing disclosure agreement with the initial issuer of the leases or the purchaser of the bonds or notes authorized by this resolution, containing provisions which are satisfactory to such purchaser in compliance with the provisions of Rule 15c12-12, promulgated by the Securities and Exchange Commission, pursuant to the Securities and Exchange Act of 1934. Section 9. The validity of such leases or bonds and bond anticipation notes may be contested only if: (a) Such obligations are authorized for an object or purpose for which said City is not authorized to expend money, or (b) The provisions of law which should be complied with at the date of publication of this ordinance pursuant to Section 8 hereof are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of such publication, or (c) Such obligations are authorized in violation of the provisions of the Constitution. Section 10. Upon this ordinance taking effect, the Clerk of the Common Council is hereby authorized and directed to publish the same together with a notice in substantially the form set forth in section 81.00 of the New York Local Finance Law. Section 11. It is hereby determined that except as hereinafter specified, the authority and funding of the projects aforesaid constitute either unlisted or Type II actions under the New York State Environmental Quality Review Act and the regulations promulgated thereunder having no adverse effect upon the environment. Section 12. This ordinance shall be dated October 16, 2023, and shall take effect upon its approval by the Board of Estimate and Apportionment of the City of Albany. APPROVED AS TO FORM THIS 6TH DAY OF OCTOBER, 2023 _______________________________ Corporation Counsel Council Member Frederick, on behalf of the Committee on Finance, Assessment and Taxation, introduced the following ORDINANCE 46.102.23 AN ORDINANCE AUTHORIZING CERTAIN PURCHASES BY THE CITY OF ALBANY, NEW YORK AT A MAXIMUM ESTIMATED COST OF $600,000 AND AUTHORIZING THE LEASE FINANCING OR THE ISSUANCE OF $600,000 SERIAL BONDS OF SAID CITY TO PAY THE COST THEREOF (DGS – FUEL STORAGE & DISTRIBUTION SYSTEM) The City of Albany, in Common Council convened, does hereby ordain and enact: Section 1. The objects or purposes to be authorized and financed pursuant to this ordinance are set forth below, together with estimates of the maximum estimated costs thereof; determinations of the periods of probable usefulness thereof and the subparagraphs of Section 11.00(a) of the New York Local Finance Law pursuant to which it is determined; the maximum amount of the bonds to be issued with respect to such object or purpose and the maximum term of the obligations to be issued with respect to each project or purpose. Object or Purpose: Replacement of fuel storage and distribution system at DGS Local Finance Law Section 11(a) Clause: (32) Period of Probable Usefulness: 5 years Maximum Term of Obligations: 5 years Maximum Estimated Cost: $600,000 Maximum Amount of Bonds: $600,000 Treasurer’s Project Number(s): GH.1492.5010.9423 Section 2. The plan of financing such objects or purposes is the lease financing of or the issuance of $600,000 serial bonds hereby authorized to be issued. Section 3. It is hereby ordered and directed that the projects specified above be undertaken and the amounts set forth as the maximum estimated costs are hereby appropriated therefor. The Board of Contract and Supply is hereby authorized to take such necessary and further steps to carry out the provisions of this section. Section 4. Pending the sale of the bonds herein authorized, the temporary use of funds from the City’s general fund, pursuant to the provisions of section 165.10 of the New York Local Finance Law, is hereby authorized. The City reasonably expects to reimburse such temporary expenditures with the proceeds of the bonds or bond anticipation notes authorized by Section 1 of this ordinance. This ordinance shall constitute the City’s “official intent” to reimburse such temporary expenditures in accordance with Untied States Treasury Regulation section 1.150-2. Section 5. The faith and credit of the City of Albany, New York, are hereby irrevocably pledged for the payment of the principal of and interest on such leases or bonds as the same respectively become due and payable. An annual appropriation shall be made in each year sufficient to pay the principal of and interest on such leases or bonds becoming due and payable in such year and such debt service payments may be made in substantially level or declining amounts as may be authorized by law. There shall annually be levied on all taxable real property of said City, a tax sufficient to pay the principal of and interest on such leases or bonds as the same become due and payable. Section 6. Subject to the provisions of the New York Local Finance Law, the power to authorize the issuance of and to sell bond anticipation notes in anticipation of the issuance and sale of the serial bonds herein authorized, including renewals of such notes, is hereby delegated in the City Treasurer, as chief fiscal officer of the City of Albany. Such notes shall be of such terms, form and contents, and shall be sold in such manner, as may be prescribed by said City Treasurer, consistent with the provisions of Local Finance Law. Section 7. The City Treasurer is further authorized to take such actions and execute such documents as may be necessary to ensure the continued status of the interest on the leases or bonds authorized by this resolution and any notes issued in anticipation thereof, as excludable from federal income taxation pursuant to Section 103 of the Internal Revenue Code of 1986, as amended (the “Code”) and to designate the bonds authorized by this resolution, and any notes issued in anticipation thereof as “qualified tax-exempt bonds” in accordance with Section 265(b)(3)(B)(i) of the Code. Section 8. The City Treasurer is further authorized to enter into a continuing disclosure agreement with the initial issuer of the leases or the purchaser of the bonds or notes authorized by this resolution, containing provisions which are satisfactory to such purchaser in compliance with the provisions of Rule 15c12-12, promulgated by the Securities and Exchange Commission, pursuant to the Securities and Exchange Act of 1934. Section 9. The validity of such leases or bonds and bond anticipation notes may be contested only if: (a) Such obligations are authorized for an object or purpose for which said City is not authorized to expend money, or (b) The provisions of law which should be complied with at the date of publication of this ordinance pursuant to Section 8 hereof are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of such publication, or (c) Such obligations are authorized in violation of the provisions of the Constitution. Section 10. Upon this ordinance taking effect, the Clerk of the Common Council is hereby authorized and directed to publish the same together with a notice in substantially the form set forth in section 81.00 of the New York Local Finance Law. Section 11. It is hereby determined that except as hereinafter specified, the authority and funding of the projects aforesaid constitute either unlisted or Type II actions under the New York State Environmental Quality Review Act and the regulations promulgated thereunder having no adverse effect upon the environment. Section 12. This ordinance shall be dated October 16, 2023, and shall take effect upon its approval by the Board of Estimate and Apportionment of the City of Albany. APPROVED AS TO FORM THIS 6TH DAY OF OCTOBER, 2023 _______________________________ Corporation Counsel Council Member Frederick, on behalf of the Committee on Finance, Assessment and Taxation, introduced the following ORDINANCE 47.102.23 AN ORDINANCE AUTHORIZING CERTAIN PURCHASES BY THE CITY OF ALBANY, NEW YORK AT A MAXIMUM ESTIMATED COST OF $200,000 AND AUTHORIZING THE LEASE FINANCING OR THE ISSUANCE OF $200,000 SERIAL BONDS OF SAID CITY TO PAY THE COST THEREOF (DGS – CAPITAL HILLS REHABILITATION & IMPROVEMENTS ) The City of Albany, in Common Council convened, does hereby ordain and enact: Section 1. The objects or purposes to be authorized and financed pursuant to this ordinance are set forth below, together with estimates of the maximum estimated costs thereof; determinations of the periods of probable usefulness thereof and the subparagraphs of Section 11.00(a) of the New York Local Finance Law pursuant to which it is determined; the maximum amount of the bonds to be issued with respect to such object or purpose and the maximum term of the obligations to be issued with respect to each project or purpose. Object or Purpose: Improvements to Capital Hills golf course Local Finance Law Section 11(a) Clause: (54) Period of Probable Usefulness: 15 years Maximum Term of Obligations: 15 years Maximum Estimated Cost: $200,000 Maximum Amount of Bonds: $200,000 Treasurer’s Project Number(s): GH.1492.5010.9427 Section 2. The plan of financing such objects or purposes is the lease financing of or the issuance of $200,000 serial bonds hereby authorized to be issued. Section 3. It is hereby ordered and directed that the projects specified above be undertaken and the amounts set forth as the maximum estimated costs are hereby appropriated therefor. The Board of Contract and Supply is hereby authorized to take such necessary and further steps to carry out the provisions of this section. Section 4. Pending the sale of the bonds herein authorized, the temporary use of funds from the City’s general fund, pursuant to the provisions of section 165.10 of the New York Local Finance Law, is hereby authorized. The City reasonably expects to reimburse such temporary expenditures with the proceeds of the bonds or bond anticipation notes authorized by Section 1 of this ordinance. This ordinance shall constitute the City’s “official intent” to reimburse such temporary expenditures in accordance with Untied States Treasury Regulation section 1.150-2. Section 5. The faith and credit of the City of Albany, New York, are hereby irrevocably pledged for the payment of the principal of and interest on such leases or bonds as the same respectively become due and payable. An annual appropriation shall be made in each year sufficient to pay the principal of and interest on such leases or bonds becoming due and payable in such year and such debt service payments may be made in substantially level or declining amounts as may be authorized by law. There shall annually be levied on all taxable real property of said City, a tax sufficient to pay the principal of and interest on such leases or bonds as the same become due and payable. Section 6. Subject to the provisions of the New York Local Finance Law, the power to authorize the issuance of and to sell bond anticipation notes in anticipation of the issuance and sale of the serial bonds herein authorized, including renewals of such notes, is hereby delegated in the City Treasurer, as chief fiscal officer of the City of Albany. Such notes shall be of such terms, form and contents, and shall be sold in such manner, as may be prescribed by said City Treasurer, consistent with the provisions of Local Finance Law. Section 7. The City Treasurer is further authorized to take such actions and execute such documents as may be necessary to ensure the continued status of the interest on the leases or bonds authorized by this resolution and any notes issued in anticipation thereof, as excludable from federal income taxation pursuant to Section 103 of the Internal Revenue Code of 1986, as amended (the “Code”) and to designate the bonds authorized by this resolution, and any notes issued in anticipation thereof as “qualified tax-exempt bonds” in accordance with Section 265(b)(3)(B)(i) of the Code. Section 8. The City Treasurer is further authorized to enter into a continuing disclosure agreement with the initial issuer of the leases or the purchaser of the bonds or notes authorized by this resolution, containing provisions which are satisfactory to such purchaser in compliance with the provisions of Rule 15c12-12, promulgated by the Securities and Exchange Commission, pursuant to the Securities and Exchange Act of 1934. Section 9. The validity of such leases or bonds and bond anticipation notes may be contested only if: (a) Such obligations are authorized for an object or purpose for which said City is not authorized to expend money, or (b) The provisions of law which should be complied with at the date of publication of this ordinance pursuant to Section 8 hereof are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of such publication, or (c) Such obligations are authorized in violation of the provisions of the Constitution. Section 10. Upon this ordinance taking effect, the Clerk of the Common Council is hereby authorized and directed to publish the same together with a notice in substantially the form set forth in section 81.00 of the New York Local Finance Law. Section 11. It is hereby determined that except as hereinafter specified, the authority and funding of the projects aforesaid constitute either unlisted or Type II actions under the New York State Environmental Quality Review Act and the regulations promulgated thereunder having no adverse effect upon the environment. Section 12. This ordinance shall be dated October 16, 2023, and shall take effect upon its approval by the Board of Estimate and Apportionment of the City of Albany. APPROVED AS TO FORM THIS 6TH DAY OF OCTOBER, 2023 _______________________________ Corporation Counsel Council Member Frederick, on behalf of the Finance, Taxation and Assessment Committee, introduced the following ORDINANCE 48.102.23 AN ORDINANCE AUTHORIZING CERTAIN PURCHASES BY THE CITY OF ALBANY, NEW YORK AT A MAXIMUM ESTIMATED COST OF $1,000,000 AND AUTHORIZING THE LEASE FINANCING OR THE ISSUANCE OF $1,000,000 SERIAL BONDS OF SAID CITY TO PAY THE COST THEREOF (DGS – WASTE MANAGEMENT PLAN ) The City of Albany, in Common Council convened, does hereby ordain and enact: Section 1. The objects or purposes to be authorized and financed pursuant to this ordinance are set forth below, together with estimates of the maximum estimated costs thereof; determinations of the periods of probable usefulness thereof and the subparagraphs of Section 11.00(a) of the New York Local Finance Law pursuant to which it is determined; the maximum amount of the bonds to be issued with respect to such object or purpose and the maximum term of the obligations to be issued with respect to each project or purpose. Object or Purpose: Acquisition, construction, design reconstruction, operation, or maintenance of a solid waste management resource recovery facility Local Finance Law Section 11(a) Clause: (6) Period of Probable Usefulness: 25 years Maximum Term of Obligations: 25 years Maximum Estimated Cost: $1,000,000 Maximum Amount of Bonds: $1,000,000 Treasurer’s Project Number(s): GH.1492.5010.9306 Section 2. The plan of financing such objects or purposes is the lease financing of or the issuance of $1,000,000 serial bonds hereby authorized to be issued. Section 3. It is hereby ordered and directed that the projects specified above be undertaken and the amounts set forth as the maximum estimated costs are hereby appropriated therefor. The Board of Contract and Supply is hereby authorized to take such necessary and further steps to carry out the provisions of this section. Section 4. Pending the sale of the bonds herein authorized, the temporary use of funds from the City’s general fund, pursuant to the provisions of section 165.10 of the New York Local Finance Law, is hereby authorized. The City reasonably expects to reimburse such temporary expenditures with the proceeds of the bonds or bond anticipation notes authorized by Section 1 of this ordinance. This ordinance shall constitute the City’s “official intent” to reimburse such temporary expenditures in accordance with Untied States Treasury Regulation section 1.150-2. Section 5. The faith and credit of the City of Albany, New York, are hereby irrevocably pledged for the payment of the principal of and interest on such leases or bonds as the same respectively become due and payable. An annual appropriation shall be made in each year sufficient to pay the principal of and interest on such leases or bonds becoming due and payable in such year and such debt service payments may be made in substantially level or declining amounts as may be authorized by law. There shall annually be levied on all taxable real property of said City, a tax sufficient to pay the principal of and interest on such leases or bonds as the same become due and payable. Section 6. Subject to the provisions of the New York Local Finance Law, the power to authorize the issuance of and to sell bond anticipation notes in anticipation of the issuance and sale of the serial bonds herein authorized, including renewals of such notes, is hereby delegated in the City Treasurer, as chief fiscal officer of the City of Albany. Such notes shall be of such terms, form and contents, and shall be sold in such manner, as may be prescribed by said City Treasurer, consistent with the provisions of Local Finance Law. Section 7. The City Treasurer is further authorized to take such actions and execute such documents as may be necessary to ensure the continued status of the interest on the leases or bonds authorized by this resolution and any notes issued in anticipation thereof, as excludable from federal income taxation pursuant to Section 103 of the Internal Revenue Code of 1986, as amended (the “Code”) and to designate the bonds authorized by this resolution, and any notes issued in anticipation thereof as “qualified tax-exempt bonds” in accordance with Section 265(b)(3)(B)(i) of the Code. Section 8. The City Treasurer is further authorized to enter into a continuing disclosure agreement with the initial issuer of the leases or the purchaser of the bonds or notes authorized by this resolution, containing provisions which are satisfactory to such purchaser in compliance with the provisions of Rule 15c12-12, promulgated by the Securities and Exchange Commission, pursuant to the Securities and Exchange Act of 1934. Section 9. The validity of such leases or bonds and bond anticipation notes may be contested only if: (a) Such obligations are authorized for an object or purpose for which said City is not authorized to expend money, or (b) The provisions of law which should be complied with at the date of publication of this ordinance pursuant to Section 8 hereof are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of such publication, or (c) Such obligations are authorized in violation of the provisions of the Constitution. Section 10. Upon this ordinance taking effect, the Clerk of the Common Council is hereby authorized and directed to publish the same together with a notice in substantially the form set forth in section 81.00 of the New York Local Finance Law. Section 11. It is hereby determined that except as hereinafter specified, the authority and funding of the projects aforesaid constitute either unlisted or Type II actions under the New York State Environmental Quality Review Act and the regulations promulgated thereunder having no adverse effect upon the environment. Section 12. This ordinance shall be dated October 16, 2023, and shall take effect upon its approval by the Board of Estimate and Apportionment of the City of Albany. APPROVED AS TO FORM THIS 13TH DAY OF OCTOBER, 2023 _______________________________ Corporation Counsel Council Member Frederick, on behalf of the Committee on Finance, Assessment and Taxation, introduced the following ORDINANCE 49.102.23 AN ORDINANCE AUTHORIZING CERTAIN PURCHASES BY THE CITY OF ALBANY, NEW YORK AT A MAXIMUM ESTIMATED COST OF $1,984,000 AND AUTHORIZING THE LEASE FINANCING OR THE ISSUANCE OF $1,984,000 SERIAL BONDS OF SAID CITY TO PAY THE COST THEREOF (DGS – SOLID WASTE VEHICLES) The City of Albany, in Common Council convened, does hereby ordain and enact: Section 1. The objects or purposes to be authorized and financed pursuant to this ordinance are set forth below, together with estimates of the maximum estimated costs thereof; determinations of the periods of probable usefulness thereof and the subparagraphs of Section 11.00(a) of the New York Local Finance Law pursuant to which it is determined; the maximum amount of the bonds to be issued with respect to such object or purpose and the maximum term of the obligations to be issued with respect to each project or purpose. Object or Purpose: Acquisition, or replacement of motor vehicles or other movable equipment needed to operate the landfill Local Finance Law Section 11(a) Clause: (6) Period of Probable Usefulness: 10 years Maximum Term of Obligations: 10 years Maximum Estimated Cost: $1,984,000 Maximum Amount of Bonds: $1,984,000 Treasurer’s Project Number(s): GH.1492.5010.9424 Section 2. The plan of financing such objects or purposes is the lease financing of or the issuance of $1,984,000 serial bonds hereby authorized to be issued. Section 3. It is hereby ordered and directed that the projects specified above be undertaken and the amounts set forth as the maximum estimated costs are hereby appropriated therefor. The Board of Contract and Supply is hereby authorized to take such necessary and further steps to carry out the provisions of this section. Section 4. Pending the sale of the bonds herein authorized, the temporary use of funds from the City’s general fund, pursuant to the provisions of section 165.10 of the New York Local Finance Law, is hereby authorized. The City reasonably expects to reimburse such temporary expenditures with the proceeds of the bonds or bond anticipation notes authorized by Section 1 of this ordinance. This ordinance shall constitute the City’s “official intent” to reimburse such temporary expenditures in accordance with Untied States Treasury Regulation section 1.150-2. Section 5. The faith and credit of the City of Albany, New York, are hereby irrevocably pledged for the payment of the principal of and interest on such leases or bonds as the same respectively become due and payable. An annual appropriation shall be made in each year sufficient to pay the principal of and interest on such leases or bonds becoming due and payable in such year and such debt service payments may be made in substantially level or declining amounts as may be authorized by law. There shall annually be levied on all taxable real property of said City, a tax sufficient to pay the principal of and interest on such leases or bonds as the same become due and payable. Section 6. Subject to the provisions of the New York Local Finance Law, the power to authorize the issuance of and to sell bond anticipation notes in anticipation of the issuance and sale of the serial bonds herein authorized, including renewals of such notes, is hereby delegated in the City Treasurer, as chief fiscal officer of the City of Albany. Such notes shall be of such terms, form and contents, and shall be sold in such manner, as may be prescribed by said City Treasurer, consistent with the provisions of Local Finance Law. Section 7. The City Treasurer is further authorized to take such actions and execute such documents as may be necessary to ensure the continued status of the interest on the leases or bonds authorized by this resolution and any notes issued in anticipation thereof, as excludable from federal income taxation pursuant to Section 103 of the Internal Revenue Code of 1986, as amended (the “Code”) and to designate the bonds authorized by this resolution, and any notes issued in anticipation thereof as “qualified tax-exempt bonds” in accordance with Section 265(b)(3)(B)(i) of the Code. Section 8. The City Treasurer is further authorized to enter into a continuing disclosure agreement with the initial issuer of the leases or the purchaser of the bonds or notes authorized by this resolution, containing provisions which are satisfactory to such purchaser in compliance with the provisions of Rule 15c12-12, promulgated by the Securities and Exchange Commission, pursuant to the Securities and Exchange Act of 1934. Section 9. The validity of such leases or bonds and bond anticipation notes may be contested only if: (a) Such obligations are authorized for an object or purpose for which said City is not authorized to expend money, or (b) The provisions of law which should be complied with at the date of publication of this ordinance pursuant to Section 8 hereof are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of such publication, or (c) Such obligations are authorized in violation of the provisions of the Constitution. Section 10. Upon this ordinance taking effect, the Clerk of the Common Council is hereby authorized and directed to publish the same together with a notice in substantially the form set forth in section 81.00 of the New York Local Finance Law. Section 11. It is hereby determined that except as hereinafter specified, the authority and funding of the projects aforesaid constitute either unlisted or Type II actions under the New York State Environmental Quality Review Act and the regulations promulgated thereunder having no adverse effect upon the environment. Section 12. This ordinance shall be dated October 16, 2023, and shall take effect upon its approval by the Board of Estimate and Apportionment of the City of Albany. APPROVED AS TO FORM THIS 6TH DAY OF OCTOBER, 2023 _______________________________ Corporation Counsel Council Member Frederick, on behalf of the Committee on Finance, Assessment and Taxation, introduced the following: ORDINANCE 37.101.23 AN ORDINANCE ADOPTING THE CITY OF ALBANY BUDGET FOR FISCAL YEAR 2024, AS PRESENTED BY THE MAYOR ON SEPTEMBER 29, 2023 The City of Albany, in Common Council convened, does hereby ordain and enact: Section 1. The 2024 City Budget as proposed by the Mayor on September 29, 2023 and is hereby adopted as the Budget of the City of Albany for fiscal year 2024. Section 2. It is hereby ordered and directed that the sums set forth therein as expenditures are hereby appropriated in the amounts and for the several departments, offices and purposes specified therein under the following general categories of expenditure: Personal Services (Code 10); Equipment (Code 20); Contractual Expenditures (Code 40); Debt Principal (Code 60); Debt Interest (Code 70); Employee Benefits (Code 80); Inter-fund Transfers (Code 90); and Capital Projects. Section 3. It is further hereby ordered and directed that the positions set forth therein are hereby authorized, created, and/or continued. The number appearing on the line items of each position shall be the number of positions under such title. Salary grades as proposed by Mayor are hereby adopted and incorporated. Section 4. It is further hereby directed that, notwithstanding any provision of local law to the contrary, the City Treasurer may authorize the temporary use of US Treasury Local Fiscal Recovery Funds on account with the City which are not immediately required for the purpose or purposes for which they have been authorized. Such funds shall be made again available to the City in accordance with applicable provisions New York State General Municipal and Local Finance Law, and City Code. Section 5. It is further hereby ordered and directed that the sums set forth in the budget as presented by the Mayor on September 29, 2023, as revenues and moneys necessary to be raised by tax in addition thereto, to pay the expenses of conducting the business of the City, shall be and are hereby applicable in the amounts specified for the purpose of meeting said appropriations. Section 6. The ordinance shall take effect immediately. APPROVED AS TO FORM THIS 19TH DAY OF SEPTEMBER, 2023 ___________________________ CORPORATION COUNSEL To: Shaniqua Jackson, Acting City Clerk From: Brett Williams, Esq., Senior Assistant Corporation Counsel Re: Common Council Legislation Supporting Memorandum Date: September 19, 2023 Sponsor: Council Member Frederick o/b/o Finance Committee ORDINANCE 37.101.23 TITLE AN ORDINANCE ADOPTING THE CITY OF ALBANY BUDGET FOR FISCAL YEAR 2024, AS PRESENTED BY THE MAYOR ON SEPTEMBER 29, 2023 GENERAL PURPOSE OF LEGISLATION To adopt the budget for the City for the 2024 fiscal year. NECESSITY FOR LEGISLATIONA ND ANY CHANGE TO EXISTING LAW Under the City Charter, the Common Council must adopt the budget, with or without amendments, on or before November 30. FISCAL IMPACTS This ordinance approves the City budget for 2024. AGENDA FOR THE REGULAR MEETING OF THE ALBANY COMMON COUNCIL Monday, November 6, 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 15 NOTICE OF PUBLIC HEARING Notice is hereby given that a Common Council Public Hearing will be held on November 6th, 2023 at 7:00PM and will be held in advance of the potential passage of the following ordinance. This meeting will be an in-person meeting in the Common Council Chambers, City Hall and will be held on the following matters: ORDINANCE 37.101.23, Sponsored by Council Member Frederick AN ORDINANCE ADOPTING THE CITY OF ALBANY BUDGET FOR FISCAL YEAR 2024, AS PRESENTED BY THE MAYOR ON SEPTEMBER 29, 2023 Documents may be inspected between the hours of 8:30 AM and 5:00 PM, Monday through Friday, in the office of the Common Council, 24 Eagle St, Rm 206, Albany, NY 12207. Efforts will also be made to make documents available for viewing online at: https://www.albanyny.gov/2187/Albany-Common-Council This public hearing is being held pursuant to guidelines established in the Open Meetings Law and anyone wishing to be heard can submit written comments (commoncouncil@albanyny.gov) or provide in-person testimony on the ordinance before the Common Council for consideration. The Public Hearing will be livestreamed to our YouTube© page: https://www.youtube.com/@albanycommoncouncil5666 We encourage all interested parties to submit written comments by 12 noon on November 6th, 2023. Anyone wishing to be heard will have an opportunity to be heard at the above stated time and location. Shaniqua Jackson Acting City Clerk Page 2 of 15 Local Laws Introduced 1 Anane L of 2023 A LOCAL LAW AMENDING PART II (GENERAL LEGISLATION) OF THE CODE OF THE CITY OF ALBANY BY ENACTING A NEW CHAPTER 337 TO BE ENTITLED “TOBACCO RETAIL LICENSE” Page 3 of 15 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 the Public Safety Committee* 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 the Planning, Economic Development & Land Use Committee* 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 the Joint Finance and Human Rights Committee 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 the Public Safety Committee* 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 the Public Safety Committee* 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 the Public Safety Committee* 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 the Public Safety Committee* Page 4 of 15 Local Laws Held 8 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 the Law, Buildings & Code Enforcement Committee* 9 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 *Passed the Law, Buildings & Code Enforcement Committee* 10 Hoey J of 2023 A LOCAL LAW AMENDING ARTICLE XLIV (GENERAL PROVISIONS) OF PART 33 (COMMUNITY POLICE REVIEW BOARD) OF CHAPTER 42 (DEPARTMENTS AND COMMISSIONS) OF THE CODE OF THE CITY OF ALBANY IN RELATIONS TO TERMS OF APPOINTMENT TO THE COMMUNITY POLICE REVIEW BOARD *Referred to the Public Safety Committee* 11 Hoey K of 2023 A LOCAL LAW AMENDING CHAPTER 371 (WATER AND WATERWAYS) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO ADDING FLUORIDE COMPOUNDS TO THE WATER SUPPLY *Referred to the General Services, Health & Environment Committee* Page 5 of 15 Ordinances Introduced 1 Anane 74.111.23 AN ORDINANCE CREATING THE “COMMISSION ON THE MUNICIPAL FLAG” AND PROVIDING FOR THE RESPONSIBILITIES OF THE COMMISSION WITH RESPECT TO CREATING A CONTEST TO DETERMINE A NEW FLAG FOR THE CITY OF ALBANY Page 6 of 15 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 the Law, Buildings & Code Enforcement Committee* 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 the Council Operations & Ethics Committee* 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 the Public Safety Committee* 4 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 the Law, Buildings & Code Enforcement Committee* 5 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 the Law, Buildings & Code Enforcement Committee* 6 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 the Human Resources & Human Rights Committee* 7 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 the General Services, Health & Environment Committee* 8 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 the Planning, Economic Development & Land Use Committee* Page 7 of 15 Ordinances Held 9 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 the Finance, Assessment and Taxation Committee* 10 Flynn 34.92.23 AN ORDINANCE AMENDING PART I (ADMINISTRATIVE LEGISLATION) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO PROVIDING DEFRIBRILLATORS IN MUNICIPAL WORKPLACES *Referred to the Law, Buildings & Code Enforcement Committee* 11 Adams 35.92.23 AN ORDINANCE AMENDING ARTICLE XIII (PARKING METERS) OF CHAPTER 359 (VEHICLES AND TRAFFIC) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO RENAMING COLUMBUS DAY TO INDIGINOUS PEOPLES DAY *Referred to the Law, Buildings & Code Enforcement Committee* 12 Frederick 37.101.23 AN ORDINANCE ADOPTING THE CITY OF ALBANY BUDGET FOR FISCAL YEAR 2024, AS PRESENTED BY THE MAYOR ON SEPTEMBER 29, 2023 *Referred to the Finance, Assessment and Taxation Committee* 13 Romero 38.101.23 AN ORDINANCE AMENDING ARTICLE XII (VEHICLE AND TRAFFIC CONTROLS) OF CHAPTER 359 (VEHICLES AND TRAFFIC) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO PEDESTRIAN SAFETY INFRASTRUCTURE *Referred to the Law, Buildings & Code Enforcement Committee* 14 Frederick 39.102.23 AN ORDINANCE AUTHORIZING CERTAIN PURCHASES BY THE CITY OF ALBANY, NEW YORK AT A MAXIMUM ESTIMATED COST OF $9,825,000 AND AUTHORIZING THE LEASE FINANCING OR THE ISSUANCE OF $5,000,000 SERIAL BONDS OF SAID CITY TO PAY THE COST THEREOF (DGS – STREET RECONSTRUCTION) *Referred to the Finance, Assessment and Taxation Committee* 15 Frederick 40.102.23 AN ORDINANCE AUTHORIZING CERTAIN PURCHASES BY THE CITY OF ALBANY, NEW YORK AT A MAXIMUM ESTIMATED COST OF $1,000,000 AND AUTHORIZING THE LEASE FINANCING OR THE ISSUANCE OF $1,000,000 SERIAL BONDS OF SAID CITY TO PAY THE COST THEREOF (DGS – ADA COMPLIANCE) *Referred to the Finance, Assessment and Taxation Committee* 16 Frederick 41.102.23 AN ORDINANCE AUTHORIZING CERTAIN PURCHASES BY THE CITY OF ALBANY, NEW YORK AT A MAXIMUM ESTIMATED COST OF $600,000 AND AUTHORIZING THE LEASE FINANCING OR THE ISSUANCE OF $600,000 SERIAL BONDS OF SAID CITY TO PAY THE COST THEREOF (DGS – SIDEWALK RECONSTRUCTION) *Referred to the Finance, Assessment and Taxation Committee* Page 8 of 15 Ordinances Held 17 Frederick 42.102.23 AN ORDINANCE AUTHORIZING CERTAIN PURCHASES BY THE CITY OF ALBANY, NEW YORK AT A MAXIMUM ESTIMATED COST OF $4,039,000 AND AUTHORIZING THE LEASE FINANCING OR THE ISSUANCE OF $4,039,000 SERIAL BONDS OF SAID CITY TO PAY THE COST THEREOF (DGS – MAINTENANCE EQUIPMENT) *Referred to the Finance, Assessment and Taxation Committee* 18 Frederick 43.102.23 AN ORDINANCE AUTHORIZING CERTAIN PURCHASES BY THE CITY OF ALBANY, NEW YORK AT A MAXIMUM ESTIMATED COST OF $291,000 AND AUTHORIZING THE LEASE FINANCING OR THE ISSUANCE OF $291,000 SERIAL BONDS OF SAID CITY TO PAY THE COST THEREOF (DGS – VEHICLES) *Referred to the Finance, Assessment and Taxation Committee* 19 Frederick 44.102.23 AN ORDINANCE AUTHORIZING CERTAIN PURCHASES BY THE CITY OF ALBANY, NEW YORK AT A MAXIMUM ESTIMATED COST OF $700,000 AND AUTHORIZING THE LEASE FINANCING OR THE ISSUANCE OF $700,000 SERIAL BONDS OF SAID CITY TO PAY THE COST THEREOF (DGS – SECURITY FENCE INSTALLATION) *Referred to the Finance, Assessment and Taxation Committee* 20 Frederick 45.102.23 AN ORDINANCE AUTHORIZING CERTAIN PURCHASES BY THE CITY OF ALBANY, NEW YORK AT A MAXIMUM ESTIMATED COST OF $539,000 AND AUTHORIZING THE LEASE FINANCING OR THE ISSUANCE OF $539,000 SERIAL BONDS OF SAID CITY TO PAY THE COST THEREOF (DGS – EQUIPMENT & FIXTURES) *Referred to the Finance, Assessment and Taxation Committee* 21 Frederick 46.102.23 AN ORDINANCE AUTHORIZING CERTAIN PURCHASES BY THE CITY OF ALBANY, NEW YORK AT A MAXIMUM ESTIMATED COST OF $600,000 AND AUTHORIZING THE LEASE FINANCING OR THE ISSUANCE OF $600,000 SERIAL BONDS OF SAID CITY TO PAY THE COST THEREOF (DGS – FUEL STORAGE & DISTRIBUTION SYSTEM) *Referred to the Finance, Assessment and Taxation Committee* 22 Frederick 47.102.23 AN ORDINANCE AUTHORIZING CERTAIN PURCHASES BY THE CITY OF ALBANY, NEW YORK AT A MAXIMUM ESTIMATED COST OF $200,000 AND AUTHORIZING THE LEASE FINANCING OR THE ISSUANCE OF $200,000 SERIAL BONDS OF SAID CITY TO PAY THE COST THEREOF (DGS – CAPITAL HILLS REHABILITATION & IMPROVEMENTS )⠀⠀⠀⠀⠀⠀⠀⠀⠀ *Referred to the Finance, Assessment and Taxation Committee* 23 Frederick 48.102.23 AN ORDINANCE AUTHORIZING CERTAIN PURCHASES BY THE CITY OF ALBANY, NEW YORK AT A MAXIMUM ESTIMATED COST OF $1,000,000 AND AUTHORIZING THE LEASE FINANCING OR THE ISSUANCE OF $1,000,000 SERIAL BONDS OF SAID CITY TO PAY THE COST THEREOF (DGS – WASTE MANAGEMENT PLAN ) *Referred to the Finance, Assessment and Taxation Committee* Page 9 of 15 Ordinances Held 24 Frederick 49.102.23 AN ORDINANCE AUTHORIZING CERTAIN PURCHASES BY THE CITY OF ALBANY, NEW YORK AT A MAXIMUM ESTIMATED COST OF $1,984,000 AND AUTHORIZING THE LEASE FINANCING OR THE ISSUANCE OF $1,984,000 SERIAL BONDS OF SAID CITY TO PAY THE COST THEREOF (DGS – SOLID WASTE VEHICLES) *Referred to the Finance, Assessment and Taxation Committee* 25 Frederick 50.102.23 AN ORDINANCE AUTHORIZING CERTAIN PURCHASES BY THE CITY OF ALBANY, NEW YORK AT A MAXIMUM ESTIMATED COST OF $2,000,000 AND AUTHORIZING THE LEASE FINANCING OR THE ISSUANCE OF $2,000,000 SERIAL BONDS OF SAID CITY TO PAY THE COST THEREOF (ENGINEERING – RENOVATIONS TO CITY BUILDINGS) *Referred to the Finance, Assessment and Taxation Committee* 26 Frederick 51.102.23 AN ORDINANCE AUTHORIZING CERTAIN PURCHASES BY THE CITY OF ALBANY, NEW YORK AT A MAXIMUM ESTIMATED COST OF $1,000,000 AND AUTHORIZING THE LEASE FINANCING OR THE ISSUANCE OF $1,000,000 SERIAL BONDS OF SAID CITY TO PAY THE COST THEREOF (TRAFFIC ENGINEERING – SPEED REDUCTION) *Referred to the Finance, Assessment and Taxation Committee* 27 Frederick 52.102.23 AN ORDINANCE AUTHORIZING CERTAIN PURCHASES BY THE CITY OF ALBANY, NEW YORK AT A MAXIMUM ESTIMATED COST OF $330,000 AND AUTHORIZING THE LEASE FINANCING OR THE ISSUANCE OF $330,000 SERIAL BONDS OF SAID CITY TO PAY THE COST THEREOF (TRAFFIC ENGINEERING – MAINTENANCE EQUIPMENT) *Referred to the Finance, Assessment and Taxation Committee* 28 Frederick 53.102.23 AN ORDINANCE AUTHORIZING CERTAIN PURCHASES BY THE CITY OF ALBANY, NEW YORK AT A MAXIMUM ESTIMATED COST OF $700,000 AND AUTHORIZING THE LEASE FINANCING OR THE ISSUANCE OF $700,000 SERIAL BONDS OF SAID CITY TO PAY THE COST THEREOF (ENGINEERING – STREETLIGHT CAPITAL IMPROVEMENTS)⠀⠀⠀⠀⠀⠀⠀⠀⠀⠀ *Referred to the Finance, Assessment and Taxation Committee* 29 Frederick 54.102.23 AN ORDINANCE AUTHORIZING CERTAIN PURCHASES BY THE CITY OF ALBANY, NEW YORK AT A MAXIMUM ESTIMATED COST OF $500,000 AND AUTHORIZING THE LEASE FINANCING OR THE ISSUANCE OF $500,000 SERIAL BONDS OF SAID CITY TO PAY THE COST THEREOF (TRAFFIC ENGINEERING – ROADWAY STRIPING) *Referred to the Finance, Assessment and Taxation Committee* 30 Frederick 55.102.23 AN ORDINANCE AUTHORIZING CERTAIN PURCHASES BY THE CITY OF ALBANY, NEW YORK AT A MAXIMUM ESTIMATED COST OF $450,000 AND AUTHORIZING THE LEASE FINANCING OR THE ISSUANCE OF $450,000 SERIAL BONDS OF SAID CITY TO PAY THE COST THEREOF (TRAFFIC ENGINEERING – TRAFFIC SAFETY CAMERAS) *Referred to the Finance, Assessment and Taxation Committee* Page 10 of 15 Ordinances Held 31 Frederick 56.102.23 AN ORDINANCE AUTHORIZING CERTAIN PURCHASES BY THE CITY OF ALBANY, NEW YORK AT A MAXIMUM ESTIMATED COST OF $500,000 AND AUTHORIZING THE LEASE FINANCING OR THE ISSUANCE OF $500,000 SERIAL BONDS OF SAID CITY TO PAY THE COST THEREOF (ENGINEERING – ELECTRIC VEHICLE INFRASTRUCTURE ) *Referred to the Finance, Assessment and Taxation Committee* 32 Frederick 57.102.23 AN ORDINANCE AUTHORIZING CERTAIN PURCHASES BY THE CITY OF ALBANY, NEW YORK AT A MAXIMUM ESTIMATED COST OF $250,000 AND AUTHORIZING THE LEASE FINANCING OR THE ISSUANCE OF $250,000 SERIAL BONDS OF SAID CITY TO PAY THE COST THEREOF (TRAFFIC ENGINEERING – STUDIES ) *Referred to the Finance, Assessment and Taxation Committee* 33 Frederick 58.102.23 AN ORDINANCE AUTHORIZING CERTAIN PURCHASES BY THE CITY OF ALBANY, NEW YORK AT A MAXIMUM ESTIMATED COST OF $1,800,000 AND AUTHORIZING THE LEASE FINANCING OR THE ISSUANCE OF $1,800,000 SERIAL BONDS OF SAID CITY TO PAY THE COST THEREOF (TRAFFIC ENGINEERING – SIGNAL IMPROVEMENTS ) *Referred to the Finance, Assessment and Taxation Committee* 34 Frederick 59.102.23 AN ORDINANCE AUTHORIZING CERTAIN PURCHASES BY THE CITY OF ALBANY, NEW YORK AT A MAXIMUM ESTIMATED COST OF $250,000 AND AUTHORIZING THE LEASE FINANCING OR THE ISSUANCE OF $250,000 SERIAL BONDS OF SAID CITY TO PAY THE COST THEREOF (AFD – FIRE STATION INFRASTRUCTURE IMPROVEMENTS) *Referred to the Finance, Assessment and Taxation Committee* 35 Frederick 60.102.23 AN ORDINANCE AUTHORIZING CERTAIN PURCHASES BY THE CITY OF ALBANY, NEW YORK AT A MAXIMUM ESTIMATED COST OF $1,500,000 AND AUTHORIZING THE LEASE FINANCING OR THE ISSUANCE OF $1,500,000 SERIAL BONDS OF SAID CITY TO PAY THE COST THEREOF (AFD – FIRE APPARATUS) *Referred to the Finance, Assessment and Taxation Committee* 36 Frederick 61.102.23 AN ORDINANCE AUTHORIZING CERTAIN PURCHASES BY THE CITY OF ALBANY, NEW YORK AT A MAXIMUM ESTIMATED COST OF $1,567,000 AND AUTHORIZING THE LEASE FINANCING OR THE ISSUANCE OF $602,000 SERIAL BONDS OF SAID CITY TO PAY THE COST THEREOF (NEIGHBORHOOD AND COMMUNITY SERVICES – TIVOLI PARK IMPROVEMENTS) *Referred to the Finance, Assessment and Taxation Committee* 37 Frederick 62.102.23 AN ORDINANCE AUTHORIZING CERTAIN PURCHASES BY THE CITY OF ALBANY, NEW YORK AT A MAXIMUM ESTIMATED COST OF $300,000 AND AUTHORIZING THE LEASE FINANCING OR THE ISSUANCE OF $300,000 SERIAL BONDS OF SAID CITY TO PAY THE COST THEREOF (NEIGHBORHOOD AND COMMUNITY SERVICES – HUDSON RIVER GATEWAYS) *Referred to the Finance, Assessment and Taxation Committee* Page 11 of 15 Ordinances Held 38 Frederick 63.102.23 AN ORDINANCE AUTHORIZING CERTAIN PURCHASES BY THE CITY OF ALBANY, NEW YORK AT A MAXIMUM ESTIMATED COST OF $1,300,000 AND AUTHORIZING THE LEASE FINANCING OR THE ISSUANCE OF $1,300,000 SERIAL BONDS OF SAID CITY TO PAY THE COST THEREOF (APD – POLICE STATION INFRASTRUCTURE IMPROVEMENTS)⠀⠀⠀⠀⠀⠀⠀⠀⠀⠀⠀⠀⠀ *Referred to the Finance, Assessment and Taxation Committee* 39 Frederick 64.102.23 AN ORDINANCE AUTHORIZING CERTAIN PURCHASES BY THE CITY OF ALBANY, NEW YORK AT A MAXIMUM ESTIMATED COST OF $600,000 AND AUTHORIZING THE LEASE FINANCING OR THE ISSUANCE OF $600,000 SERIAL BONDS OF SAID CITY TO PAY THE COST THEREOF (APD – MOBILE COMMAND UNIT) *Referred to the Finance, Assessment and Taxation Committee* 40 Frederick 65.102.23 AN ORDINANCE AUTHORIZING CERTAIN PURCHASES BY THE CITY OF ALBANY, NEW YORK AT A MAXIMUM ESTIMATED COST OF $1,000,000 AND AUTHORIZING THE LEASE FINANCING OR THE ISSUANCE OF $1,000,000 SERIAL BONDS OF SAID CITY TO PAY THE COST THEREOF (APD – PUBLIC SAFETY I.T. SYSTEMS) *Referred to the Finance, Assessment and Taxation Committee* 41 Frederick 66.102.23 AN ORDINANCE AUTHORIZING CERTAIN PURCHASES BY THE CITY OF ALBANY, NEW YORK AT A MAXIMUM ESTIMATED COST OF $10,000,000 AND AUTHORIZING THE LEASE FINANCING OR THE ISSUANCE OF $12,000,000 SERIAL BONDS OF SAID CITY TO PAY THE COST THEREOF (RECREATION – WEST HILL COMMUNITY CENTER)⠀⠀⠀⠀⠀⠀⠀⠀⠀⠀⠀⠀ *Referred to the Finance, Assessment and Taxation Committee* 42 Frederick 67.102.23 AN ORDINANCE AUTHORIZING CERTAIN PURCHASES BY THE CITY OF ALBANY, NEW YORK AT A MAXIMUM ESTIMATED COST OF $5,000,000 AND AUTHORIZING THE LEASE FINANCING OR THE ISSUANCE OF $7,400,000 SERIAL BONDS OF SAID CITY TO PAY THE COST THEREOF (RECREATION – HOFFMAN RECREATION CENTER) *Referred to the Finance, Assessment and Taxation Committee* 43 Frederick 68.102.23 AN ORDINANCE AMENDING ORDINANCE NUMBER 47.112.22 (AS AMENDED 12/22/2022), WHICH AUTHORIZED CERTAIN PURCHASES BY THE CITY OF ALBANY, NEW YORK AT A MAXIMUM ESTIMATED COST OF $5,000,000.00 AND AUTHOIZED THE LEASE FINANCING OR THE ISSUANCE OF $5,000,000.00 SERIAL BONDS OF SAID CITY TO PAY THE COST THEREOF (RECREATION – LINCOLN PARK POOL IMPROVEMENTS) BY INCREASING SUCH AUTHORIZATION TO $20,000,000⠀⠀⠀⠀⠀⠀⠀⠀⠀⠀⠀⠀⠀ *Referred to the Finance, Assessment and Taxation Committee* 44 Frederick 69.102.23 AN ORDINANCE AUTHORIZING CERTAIN PURCHASES BY THE CITY OF ALBANY, NEW YORK AT A MAXIMUM ESTIMATED COST OF $588,000 AND AUTHORIZING THE LEASE FINANCING OR THE ISSUANCE OF $325,000 SERIAL BONDS OF SAID CITY TO PAY THE COST THEREOF (RECREATION – PLAYGROUNDS) *Referred to the Finance, Assessment and Taxation Committee* Page 12 of 15 Ordinances Held 45 Frederick 70.102.23 AN ORDINANCE AUTHORIZING CERTAIN PURCHASES BY THE CITY OF ALBANY, NEW YORK AT A MAXIMUM ESTIMATED COST OF $200,000 AND AUTHORIZING THE LEASE FINANCING OR THE ISSUANCE OF $200,000 SERIAL BONDS OF SAID CITY TO PAY THE COST THEREOF (RECREATION – SPRAY PADS) *Referred to the Finance, Assessment and Taxation Committee* 46 Frederick 71.102.23 AN ORDINANCE AUTHORIZING CERTAIN PURCHASES BY THE CITY OF ALBANY, NEW YORK AT A MAXIMUM ESTIMATED COST OF $1,000,000 AND AUTHORIZING THE LEASE FINANCING OR THE ISSUANCE OF $1,000,000 SERIAL BONDS OF SAID CITY TO PAY THE COST THEREOF (RECREATION – TRICENTENNIAL PARK IMPROVEMENTS) *Referred to the Finance, Assessment and Taxation Committee* 47 Frederick 72.102.23 AN ORDINANCE AUTHORIZING CERTAIN PURCHASES BY THE CITY OF ALBANY, NEW YORK AT A MAXIMUM ESTIMATED COST OF $300,000 AND AUTHORIZING THE LEASE FINANCING OR THE ISSUANCE OF $300,000 SERIAL BONDS OF SAID CITY TO PAY THE COST THEREOF (RECREATION – MAINTENANCE EQUIPMENT) *Referred to the Finance, Assessment and Taxation Committee* 48 Frederick 73.102.23 AN ORDINANCE AUTHORIZING CERTAIN PURCHASES BY THE CITY OF ALBANY, NEW YORK AT A MAXIMUM ESTIMATED COST OF $100,000 AND AUTHORIZING THE LEASE FINANCING OR THE ISSUANCE OF $100,000 SERIAL BONDS OF SAID CITY TO PAY THE COST THEREOF (RECREATION – MADISON PARK REIMAGINING) *Referred to the Finance, Assessment and Taxation Committee* Page 13 of 15 Resolutions Introduced 1 Flynn 108.111.23R A RESOLUTION OF THE COMMON COUNCIL RECOGNIZING NOVEMBER 2023 AS EPILEPSY AWARENESS MONTH 2 Anane 109.111.23R A RESOLUTION OF THE COMMON COUNCIL CALLING ON THE NEW YORK STATE LEGISLATURE AND NEW YORK STATE GOVERNOR KATHY HOCHUL TO PROVIDE THE CITY OF ALBANY WITH ITS FAIR SHARE OF UNRESTRICTED STATE AID AND TO MAKE PERMANENT A MINIMUM OF $15 MILLION IN CAPITAL CITY FUNDING 3 Frederick 110.111.23R A RESOLUTION OF THE COMMON COUNCIL REAPPOINTING RICHARD MCGLONE AS A MEMBER OF THE BOARD OF ASSESSMENT REVIEW 4 Frederick 111.111.23R A RESOLUTION OF THE COMMON COUNCIL OUTLINING ITS ACTIONS AND EXPRESSING ITS FINDINGS AND INTENT CONCERNING THE CITY OF ALBANY 2024 BUDGET AS PROPOSED IN ORDINANCE 37.101.23 Page 14 of 15 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 the General Services, Health & Environment Committee* 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 the Parks, Recreation & Family Services Committee* 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 Robinson 92.91.23R A RESOLUTION IN ENCOURAGING THE CITY OF ALBANY TO SEEK ENVIRONMENTAL BOND ACT FUNDING FOR THE PATROON CREEK GREENWAY *Referred to the General Services, Health & Environment Committee* 5 Adams 95.92.23R A RESOLUTION OF THE COMMON COUNCIL DECLARING THE SECOND MONDAY IN OCTOBER OF EACH YEAR AS INDIGENOUS PEOPLES' DAY IN ALBANY *Referred to the Law, Buildings & Code Enforcement Committee* Page 15 of 15