1. Active Calendar 1.I. Active Calendar November 7th, 2022 Documents: ACTIVE CALENDAR NOVEMBER 7 2022.PDF 2. Supporting Legislation 2.I. Support Legislation November 7th, 2022 Documents: NOVEMBER 7, 2022.PDF 3. Minutes 4. Majority Consent (MC) 5. Supporting Document 5.I. Local Law F Of 2022 (AA 9.28.22) - Department Of Public Safety Documents: LOCAL LAW F OF 2022 (AA 9.28.22) - DEPARTMENT OF PUBLIC SAFETY.PDF 5.II. Resolution 97.102.22R (MC) - Treasurers Office Mid Year Raises Documents: RESOLUTION 97.102.22R (MC) - TREASURERS OFFICE MID YEAR RAISES (1).PDF 6. Written Comment 7. Amended Legislation 8. Meeting Agenda 8.I. Agenda, November 7th, 2022 Documents: 22 AGENDA 1107.PDF Page 1 of 1 Albany Common Council Active Calendar Meeting of Monday, November 7, 2022 (NOTE: The Active Calendar is meant to indicate items which are anticipated to come up for action at the indicated Common Council meeting. Items on a committee agenda prior to the indicated Council meeting are included subject to committee action and recommendation. New items on the agenda for introduction, but which will not be acted upon on the evening of introduction is not included on the Active Calendar. This Calendar does not preclude the addition of items for action by Majority Consent of the Council. Items added by Majority Consent are those which were not available for the agenda within the required deadline but which cannot wait for the subsequent Council meeting for introduction and/or action.) Section Number Agenda Sponsor Subject Number Local Laws Held (a) Local Law F of 2 Hoey A LOCAL LAW 2022 AMENDING PART 3 (DEPARTMENT OF PUBLIC SAFETY) OF CHAPTER 42 (BOARDS AND COMMISSIONS) OF THE CODE OF THE CITY OF ALBANY Resolutions Held 97.102.22R 3 Frederick A RESOLUTION OF THE (MC) COMMON COUNCIL CONSENTING TO ADJUSTMENTS IN SALARY FOR CERTAIN POSITIONS IN THE TREASURER’S OFFICE FOR THE 2022 BUDGET FROM JULY 1, 2022 TO DECEMBER 31, 2022 Resolutions Introduced (a) 101.111.22R 2 Adams A RESOLUTION HONORING DR. PAUL MILLER AND THANKING HIM FOR HIS SERVICE TO THE CITY OF ALBANY (a) Pending Discussion at Caucus on Wednesday, November 2, 2022 @ 5:30pm, IN PERSON in the Council Chamber, 2nd Floor, City Hall (10/28/2022) COMMON COUNCIL OF THE CITY OF ALBANY SUPPORT LEGISLATION NOVEMBER 7, 2022 LOCAL LAWS N of 2022 A LOCAL LAW AMENDING ARTICLE III (SENIOR CITIZEN TAX EXEMPTION) OF CHAPTER 333 (TAXATION) OF THE CODE OF THE CITY OF ALBANY TO INCREASE THE MAXIMUM INCOME ELIGIBILITY LEVELS APPLICABLE TO THE EXEMPTION O of 2022 A LOCAL LAW AMENDING ARTICLE XIII (EXEMPTION FOR DISABLED PERSONS WITH LIMITED INCOME) OF CHAPTER 333 (TAXATION) OF THE CODE OF THE CITY OF ALBANY TO INCREASE THE MAXIMUM INCOME ELIGIBLITY LEVELS APPLICABLE TO THE EXEMPTION ORDINANCES 24.111.22 AN ORDINANCE AUTHORIZING THE SALE TO THE ALBANY COUNTY HISTORICAL ASSOCAITION OF 142 LIVINGSTON AVENUE (TAX MAP PARCEL NUMBER 65.74-4-13), 35 TEN BROECK PLACE (TAX MAP PARCEL NUMBER 65.74-4-20), AND 37 TEN BROECK PLACE (TAX MAP PARCEL NUMBER 65.74-4- 21) 25.111.22 AN ORDINANCE AUTHORIZING ISSUANCE OF QUITCLAIM DEEDS TO THE CITY SCHOOL DISTRICT OF ALBANY FOR VARIOUS PROPERTIES 26.111.22 AN ORDINANCE AUTHORIZING CERTAIN PURCHASES BY THE CITY OF ALBANY, NEW YORK AT A MAXIMUM ESTIMATED COST OF $1,146,875.00 AND AUTHORIZING THE LEASE FINANCING OR THE ISSUANCE OF $1,146,875.00 SERIAL BONDS OF SAID CITY TO PAY THE COST THEREOF (DGS – ACQUISITION OF MAINTENANCE EQUIPMENT) 27.111.22 AN ORDINANCE AUTHORIZING CERTAIN PURCHASES BY THE CITY OF ALBANY, NEW YORK AT A MAXIMUM ESTIMATED COST OF $115,000.00 AND AUTHORIZING THE LEASE FINANCING OR THE ISSUANCE OF $115,000.00 SERIAL BONDS OF SAID CITY TO PAY THE COST THEREOF (DGS – CONSTRUCTION OF A GREENHOUSE AT DGS HEADQUARTERS) 28.111.22 AN ORDINANCE AUTHORIZING CERTAIN PURCHASES BY THE CITY OF ALBANY, NEW YORK AT A MAXIMUM ESTIMATED COST OF $180,000.00 AND AUTHORIZING THE LEASE FINANCING OR THE ISSUANCE OF $180,000.00 SERIAL BONDS OF SAID CITY TO PAY THE COST THEREOF (DGS – ACQUISITION OF PORTABLE TRUCK LIFTS) 29.111.22 AN ORDINANCE AUTHORIZING CERTAIN PURCHASES BY THE CITY OF ALBANY, NEW YORK AT A MAXIMUM ESTIMATED COST OF $633,000.00 AND AUTHORIZING THE LEASE FINANCING OR THE ISSUANCE OF $633,000.00 SERIAL BONDS OF SAID CITY TO PAY THE COST THEREOF (DGS – INSTALLATION OF FENCING AT CITY FACILITIES) 30.111.22 AN ORDINANCE AUTHORIZING CERTAIN PURCHASES BY THE CITY OF ALBANY, NEW YORK AT A MAXIMUM ESTIMATED COST OF $3,483,553.00 AND AUTHORIZING THE LEASE FINANCING OR THE ISSUANCE OF $3,483,553.00 SERIAL BONDS OF SAID CITY TO PAY THE COST THEREOF (DGS – ACQUISITION OF VARIOUS MAINTENANCE VEHICLES) 31.111.22 AN ORDINANCE AUTHORIZING CERTAIN PURCHASES BY THE CITY OF ALBANY, NEW YORK AT A MAXIMUM ESTIMATED COST OF $410,805.00 AND AUTHORIZING THE LEASE FINANCING OR THE ISSUANCE OF $410,805.00 SERIAL BONDS OF SAID CITY TO PAY THE COST THEREOF (DGS – PLANNING AND DESIGN OF FUTURE WASTE MANAGEMENT FACILITY IMPROVEMENTS) 32.111.22 AN ORDINANCE AUTHORIZING CERTAIN PURCHASES BY THE CITY OF ALBANY, NEW YORK AT A MAXIMUM ESTIMATED COST OF $1,900,000.00 AND AUTHORIZING THE LEASE FINANCING OR THE ISSUANCE OF $1,900,000.00 SERIAL BONDS OF SAID CITY TO PAY THE COST THEREOF (ALBANY FIRE DEPARTMENT – ACQUISITION OF FIRE-FIGHTING VEHICLES, APPARATUS, AND ASSOCIATED EQUIPMENT) RESOLUTIONS 100.111.22R A 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 23.102.22 101.111.22 A RESOLUTION HONORING DR. PAUL MILLER AND THANKING HIM FOR HIS SERVICE TO THE CITY OF ALBANY Council Member Frederick, on behalf of the Finance, Taxation and Assessment Committee, introduced the following: LOCAL LAW N OF 2022 A LOCAL LAW AMENDING ARTICLE III (SENIOR CITIZENS TAX EXEMPTION) OF CHAPTER 333 (TAXATION) OF THE CODE OF THE CITY OF ALBANY TO INCREASE THE MAXIMUM INCOME ELIGIBILITY LEVELS APPLICABLE TO THE EXEMPTION Be it enacted by the Common Council of the City of Albany as follows: Section 1. Subsections (A) and (B) of section 333-34 (Eligibility) of Article III (Senior Citizens Tax Exemption) of Chapter 333 (Taxation) of Part II (General Legislation) of the Code of the City of Albany is hereby amended to read as follows: A. Pursuant to § 467 of the Real Property Tax Law of the State of New York, real property located in the City of Albany and owned by one or more persons, each of whom is 65 years of age or over, or real property owned by the husband and wife spouses, one of whom is 65 years of age or over, shall be exempt from taxation according to the following eligibility schedule: Percentage of Assessed Value Annual Income Exempt from Taxation $29,000 $50,000 or less 50% More than $29,000 $50,000 and up to $30,000 $51,000 45% More than $30,000 $51,000 and up to $31,000 $52,000 40% More than $31,000 $52,000 and up to $32,000 $53,000 35% More than $32,000 $53,000 and up to $32,900 $53,900 30% More than $32,900 $53,900 and up to $33,800 $54,800 25% More than $33,800 $54,800 and up to $34,700 $55,700 20% More than $34,700 $55,700 and up to $35,600 $56,600 15% More than $35,600 $56,600 and up to $36,500 $57,500 10% More than $36,500 $57,500 and up to $37,400 $58,400 5% More than $37,400 $58,400 0% B. The real property tax exemption provided here on real property owned by husband and wife spouses, one of whom is 65 years of age or over, once granted, shall not be rescinded solely because of the death of the older spouse so long as the surviving spouse is at least 62 years of age. Section 2. Subsections (A) and (B) of Section 333-35 (Exceptions) of Article III (Senior Citizens Tax Exemption) of Chapter 333 (Taxation) of Part II (General Legislation of the Code of the City of Albany is hereby amended to read as follows: Matter in strikethrough to be deleted. Matter underlined is new material A. If the income of the owner or the combined income of the owners of the property for the income tax year immediately preceding the date of making application for exemption exceeds $37,400 $58,400. “Income tax year” shall mean the twelve-month period for which the owner or owners filed a federal personal income tax return or, if no such return is filed, the calendar year; where title is vested in either the husband or his wife spouse, their combined income may not exceed such sum. Such income shall include social security and retirement benefits, interest, dividends, total gain from the sale or exchange of a capital asset in the same income tax year, net rental income, salary or earnings and net income for self-employment, but shall not include a return of capital, gifts or inheritance. In computing net rental income and net income for self-employment, no depreciation deduction shall be allowed for the exhaustion, wear and tear of real or personal property held for the production of income. B. Unless the title of the property shall have been vested in the owner or one of the owners of the property for at least 24 consecutive months prior to the date of making application for exemption; provided, however, that in the event of the death of either a husband or wife spouse in whose name title of the property shall have been vested at the time of death and then becomes vested solely in the survivor by virtue of devise by or descent from the deceased husband or wife spouse, the time of ownership of the property by the deceased husband or wife spouse shall be deemed also a time of ownership by the survivor, and such ownership shall be deemed continuous for the purposes of computing such period of 24 consecutive months, provided further that in the event of a transfer by either a husband or wife spouse to the other spouse of all or part of the title to the property, the time of ownership of the property by the transferor spouse shall be deemed also a time of ownership by the transferee spouse, and such ownership shall be deemed continuous for the purpose of computing such period of 24 consecutive months, and provided further that where property of the owner or owners has been acquired to replace property formerly owned by such owner or owners and taken by eminent domain or other involuntary proceeding, except a tax sale, the period of ownership of the former property shall be combined with the period of ownership of the property for which application is made for exemption, and such periods of ownership shall be deemed to be consecutive for purposes of this section. Where a residence is sold and replaced with another within one year and both are located in the City of Albany, the period of ownership of the former shall be combined with the period of ownership of the replacement residence and deemed consecutive for exemption purposes. Section 3. This Local Law shall take effect upon final passage, public hearing, and filing with the Secretary of State and shall apply to assessment rolls prepared on the basis of taxable status dates occurring on and after January 1, 2023. APPROVED AS TO FORM THIS 21ST DAY OF OCTOBER, 2022 ______________________________ Corporation Counsel Matter in strikethrough to be deleted. Matter underlined is new material Matter in strikethrough to be deleted. Matter underlined is new material To: Danielle Gillespie, City Clerk From: Brett Williams, Esq., Senior Assistant Corporation Counsel Re: Common Council Legislation Supporting Memorandum Date: October 21, 2022 Sponsor: Council Member Frederick, on behalf of the Finance, Taxation and Assessment Committee Local Law N of 2022 TITLE A LOCAL LAW AMENDING ARTICLE III (SENIOR CITIZENS TAX EXEMPTION) OF CHAPTER 333 (TAXATION) OF THE CODE OF THE CITY OF ALBANY TO INCREASE THE MAXIMUM INCOME ELIGIBILITY LEVELS APPLICABLE TO THE EXEMPTION GENERAL PURPOSE OF LEGSLATION The City of Albany’s senior citizen property tax exemption, codified at Code § 333-34 et seq., is authorized by and based upon section 467 of the state Real Property Tax Law. The assessed value of property owned by qualifying seniors is, under these statutes, exempt from taxation at a sliding rate, dependent upon the owner(s)’ annual income. From 2009 until the enactment of the new state law earlier this year, if a qualifying property owner had an income of $29,000 or less per year, the property was exempt to 50% of its value, while qualifying owners with an income of up to $37,400 received a 5% exemption. By SB 3085, signed into law by Governor Hochul on August 8, 2022, and codified as chapter 488 of the laws of 2022, the Legislature amended RPTL § 467 to increase these eligibility amounts for the first time in thirteen years. Under the amended state law, qualifying owners bringing in up to $50,000 per year may enjoy a 50% exemption while those making up to $58,400 are entitled to an exemption of 5% of their property’s value. NECESSITY FOR LEGISLATION AND ANY CHANGE TO EXISTING LAW This local law brings the City of Albany’s exemption income eligibility levels in line with those recently authorized by the State. The local law will apply only to assessment rolls prepared on the basis of taxable status dates occurring on an after January 1, 2023. Thus, because of the way the assessment calendar is arranged under the real property tax law, the exemption will not be available to those who fall under the new eligibility brackets until the 2023-24 school tax bills and 2024 City/County tax bills. This local law also replaces the repeated uses of the phrase “husband and wife” present in the current version of the code with the more gender-neutral term “spouse.” FISCAL IMPACT The expansion of the income eligibility ranges for this exemption will mean that more seniors will be able to take advantage of it, which could have an exceedingly minimal impact on the homestead tax rate. Council Member Frederick, on behalf of the Finance, Taxation and Assessment Committee, introduced the following: LOCAL LAW O OF 2022 A LOCAL LAW AMENDING ARTICLE XIII (EXEMPTION FOR DISABLED PERSONS WITH LIMITED INCOME) OF CHAPTER 333 (TAXATION) OF THE CODE OF THE CITY OF ALBANY TO INCREASE THE MAXIMUM INCOME ELIGIBILITY LEVELS APPLICABLE TO THE EXEMPTION Be it enacted by the Common Council of the City of Albany as follows: Section 1. Section 333-108 (Persons with Disabilities and Limited Incomes) of Article XIII (Exemption for Disabled Persons With Limited Incomes) of Chapter 333 (Taxation) of Part II (General Legislation) of the Code of the City of Albany is hereby amended to read as follows: § 333-108 Persons with disabilities and limited incomes. Effective as hereinafter provided, there shall be an exemption from taxation for general City purposes to the extent of the percentage of assessed valuation provided in the following schedule determined by the maximum income exemption eligibility level, also provided in the following schedule, up to a maximum of 50% of the assessed valuation of real property owned by a husband or wife person with a disability, or by one spouse, or both spouses, or by siblings, at least one of whom has a disability, or whose income, as hereinafter defined, is limited by reason of such disability: Percentage of Assessed Value Annual Income Exempt from Taxation $29,000 $50,000 or less 50% More than $29,000 $50,000 and up to $30,000 $51,000 45% More than $30,000 $51,000 and up to $31,000 $52,000 40% More than $31,000 $52,000 and up to $32,000 $53,000 35% More than $32,000 $53,000 and up to $32,900 $53,900 30% More than $32,900 $53,900 and up to $33,800 $54,800 25% More than $33,800 $54,800 and up to $34,700 $55,700 20% More than $34,700 $55,700 and up to $35,600 $56,600 15% More than $35,600 $56,600 and up to $36,500 $57,500 10% More than $36,500 $57,500 and up to $37,400 $58,400 5% More than $37,400 $58,400 0% Section 2. Subsection (A) of section 333-114 (Restrictions) of Article XIII (Exemption for Disabled Persons With Limited Income) of Chapter 333 (Taxation) of Part II (General Legislation of the Code of the City of Albany is hereby amended to read as follows: No exemption shall be granted: Matter in strikethrough to be deleted. Matter underlined is new material. A. If the income of the owner or the combined income of the owners of the property for the income tax year immediately preceding the date of making application for exemption exceeds the sums authorized by the provisions of § 459-c of the Real Property Tax Law. “Income tax year” shall mean the twelve-month period for which the owner or owners filed a federal personal income tax return or, if no such return is filed, the calendar year. Where title is vested in either the husband or wife spouse, their combined income may not exceed such sum, except where the husband or wife one spouse, or ex-husband or ex-wife ex- spouse, is absent from the property due to divorce, legal separation or abandonment, then only the income of the spouse or ex-spouse residing in the property shall be considered and may not exceed such sum. Where title is vested in siblings, their combined income may not exceed such sum. Such income shall include social security and retirement benefits, interest, dividends, total gain from the sale or exchange of a capital asset which may be offset by a loss from the sale or exchange of a capital asset in the same income tax year, net rental income, salary or earnings and net income from self-employment; but shall not include a return of capital, gifts, inheritance or moneys earned through employment in the foster grandparent program and any such income shall be offset by all medical and prescription drug expenses actually paid which were not reimbursed or paid by insurance. In computing net rental income and net income from self-employment, net depreciation deduction shall be allowed for the exhaustion or wear and tear of real or personal property held for the production of income. Section 3. This Local Law shall take effect upon final passage, public hearing, and filing with the Secretary of State and shall apply to assessment rolls prepared on the basis of taxable status dates occurring on and after January 1, 2023. APPROVED AS TO FORM THIS 27TH DAY OF OCTOBER, 2022 ______________________________ Corporation Counsel Matter in strikethrough to be deleted. Matter underlined is new material. To: Danielle Gillespie, City Clerk From: Brett Williams, Esq., Senior Assistant Corporation Counsel Re: Common Council Legislation Supporting Memorandum Date: October 27, 2022 Sponsor: Council Member Frederick, on behalf of the Finance, Taxation and Assessment Committee Local Law O of 2022 TITLE A LOCAL LAW AMENDING ARTICLE XIII (EXEMPTION FOR DISABLED PERSONS WITH LIMITED INCOME) OF CHAPTER 333 (TAXATION) OF THE CODE OF THE CITY OF ALBANY TO INCREASE THE MAXIMUM INCOME ELIGIBILITY LEVELS APPLICABLE TO THE EXEMPTION GENERAL PURPOSE OF LEGSLATION The City of Albany’s property tax exemption for persons with disabilities and with limited incomes, codified at Code § 333-108 et seq., is authorized by and based upon section 459-c of the state Real Property Tax Law. The assessed value of property owned by qualifying individuals is, under this statute, exempt from taxation at a sliding rate, dependent upon the owner(s)’ annual income. From 2009 until the enactment of the a state law earlier this year, if a qualifying property owner had an income of $29,000 or less per year, the property was exempt to 50% of its value, while qualifying owners with an income of up to $37,400 received a 5% exemption. By SB 3085, signed into law by Governor Hochul on August 8, 2022, and codified as chapter 488 of the laws of 2022, the Legislature amended RPTL § 459-c to increase these eligibility amounts for the first time in thirteen years. Under the amended state law, qualifying owners bringing in up to $50,000 per year may enjoy a 50% exemption while those making up to $58,400 are entitled to an exemption of 5% of their property’s value. NECESSITY FOR LEGISLATION AND ANY CHANGE TO EXISTING LAW This local law brings the City of Albany’s exemption income eligibility levels in line with those recently authorized by the State. The local law will apply only to assessment rolls prepared on the basis of taxable status dates occurring on an after January 1, 2023. Thus, because of the way the assessment calendar is arranged under the real property tax law, the exemption will not be reflected for those who fall under the new eligibility brackets until the 2023-24 school tax bills and 2024 City/County tax bills. Code § 333-108 as currently written prior to this local law seems, if strictly construed, to have mistakenly technically prevented individuals with disabilities and low incomes from enjoying the exemption, because the section only applied to “real property owned by a husband or wife, or both, or by siblings, at least one of whom has a disability…” This local law corrects that error (which is not present in the authorizing state statute) by changing the language to “real property owned by a person with a disability, or one spouse, or both spouses, or by siblings, at least one of whom has a disability.” This change, as well as those made to § 333-114, also replaces the repeated uses of the phrase “husband and wife” present in the current version of the Code with the more gender-neutral term “spouse.” FISCAL IMPACT The expansion of the income eligibility ranges for this exemption will mean that more qualifying property owners will be able to take advantage of it, which could have an exceedingly minimal impact on the homestead tax rate. Council Member Love introduced the following: Ordinance Number 24.111.22 AN ORDINANCE AUTHORIZING THE SALE TO THE ALBANY COUNTY HISTORICAL ASSOCIATION OF 142 LIVINGSTON AVENUE (TAX MAP PARCEL NUMBER 65.74-4-13), 35 TEN BROECK PLACE (TAX MAP PARCEL NUMBER 65.74- 4-20), AND 37 TEN BROECK PLACE (TAX MAP PARCEL NUMBER 65.74-4-21) The City of Albany, in Common Council convened, does hereby ordain and enact: Section 1. It is hereby ordered and directed that all the right, title and interest of the City of Albany in and to the 0.05± acre parcel known as 142 Livingston Street (tax map parcel number 65.74-4-13), the 0.08± acre parcel known as 35 Ten Broeck Place (tax map parcel number 65.74- 4-20), and the 0.08± acre parcel known as 37 Ten Broeck Place (tax map parcel number 65.74-4- 21) be sold at private sale pursuant to the provisions of Local Law No. 4 of 1984 to the Albany County Historical Association, SUBJECT to all easements, restrictions and rights-of-way of record. Section 2. It is hereby determined that the aforesaid properties have been abandoned for municipal or public purposes. Section 3. The form, content, terms and conditions of such conveyance shall be approved by the Corporation Counsel and shall be subject to the approval of the Board of Estimate and Apportionment, and if approved by said Board, the Mayor is hereby authorized and directed to execute a proper deed of conveyance for a valuable consideration. Section 4. This ordinance shall take effect immediately. APPROVED AS TO FORM THIS 19TH DAY OF OCTOBER, 2022. _________________________________ Corporation Counsel To: Danielle Gillespie, City Clerk From: Brett Williams, Esq., Senior Assistant Corporation Counsel Re: Common Council Legislation Supporting Memorandum Date: October 19, 2022 Sponsor: Council Member Love ORDINANCE NUMBER 24.111.22 TITLE AN ORDINANCE AUTHORIZING THE SALE TO THE ALBANY COUNTY HISTORICAL ASSOCIATION OF 142 LIVINGSTON AVENUE (TAX MAP PARCEL NUMBER 65.74-4-13), 35 TEN BROECK PLACE (TAX MAP PARCEL NUMBER 65.74-4-20), AND 37 TEN BROECK PLACE (TAX MAP PARCEL NUMBER 65.74-4-21) GENERAL PURPOSE OF LEGISLATION The Albany County Historical Association, which owns and is headquartered at the Ten Broeck Mansion in the Ten Broeck triangle, seeks to purchase three city-owned lots which abut Mansion properties already owned by the Association, and which comprise, in part, the Mansion’s parking lot. The two lots on Ten Broeck Place will continue in their use as parking for the Mansion, but ownership by the ACHA will allow it to stripe it and paint crosswalks for enhanced safety, and also allow the ACHA to periodically close these spaces at night due to security issues, which have in the past included sexual activity, drinking, trash/defecation/disruptive behavior, and drug sales and use. Since the ACHA does not currently own these lots (but people drive through ACHA property to access them), they cannot post signs on them. The Livingston Ave lot will be used for ADA accessible walkways into the 4 acres of greenspace and gardens which the ACHA has open to the community, with educational programs, art programs, and tours. The form, content, terms and conditions of the conveyance, once authorized, will be approved by the Corporation Counsel. NECESSITY FOR LEGISLATION AND ANY CHANGE TO EXISTING LAW Under Local Law 4 of 1984, the sale of City-owned property requires Council approval by a three- fourths majority vote. This is accomplished by ordinance. SPECIFICS OF REAL PROPERTY SALE OR ACQUISITION The subject parcels, 142 Livingston Street, and 35 and 37 Ten Broeck Place, are all contiguous to properties currently owned by the ACHA. ACHA already uses and maintains, under an agreement with the City, the Ten Broeck Place parcels as part of its parking lot. 142 Livingston is a vacant lot adjacent to two other vacant lots owned by the ACHA and ultimately contiguous to the Ten Broeck Mansion parcel. FISCAL IMPACT(S) ACHA will pay the assessed value for each parcel: $1,500 for 142 Livingston Avenue, $2,600 for 35 Ten Broeck Place, and $3,500 for 37 Ten Broeck Place. Council Member Frederick, on behalf of the Finance, Taxation and Assessment Committee, introduced the following: Ordinance Number 25.111.22 AN ORDINANCE AUTHORIZING ISSUANCE OF QUITCLAIM DEEDS TO THE CITY SCHOOL DISTRICT OF ALBANY FOR VARIOUS PROPERTIES The City of Albany, in Common Council convened, does hereby ordain and enact: Section 1. It is hereby ordered and directed that all the right, title and interest of the City of Albany in and to the properties described below be granted to the City School District of the City of Albany: Physical Address Address on Assessment Acreage Tax Map No. Roll or in Boundary Agmt. 41 North Allen Street 37 North Allen Street 1.64± 64.51-2-7 1 Arbor Drive Lark Drive 17.5± 65.15-2-10 43 Bertha Street 1.03± 76.61-3-11 676 Clinton Avenue 666 Clinton Avenue 0.74± 65.46-1-13 45 Delaware Avenue 75 Delaware Avenue 3.80± 76.9-2-21 94 Delaware Avenue 4.50± 76.10-1-1 274 South Pearl Street 296 South Pearl Street 5.90± 76.15-1-11.1 369 New Scotland Avenue 385 New Scotland Avenue 1.96± 75.27-1-37 65 Tremont Street 45 Tremont Street 3.00± 53.66-2-19 108 Whitehall Road 124 Whitehall Road 4.60± 75.67-2-1 SUBJECT to all easements, restrictions and rights-of-way of record. Section 2. It is hereby determined that the aforesaid properties have been abandoned for municipal or public purposes. Section 3. The form, content, terms and conditions of such conveyances shall be approved by the Corporation Counsel and shall be subject to the approval of the Board of Estimate and Apportionment, and if approved by said Board, the Mayor is hereby authorized and directed to execute a proper deed of conveyance for a valuable consideration. Section 4. This ordinance shall take effect immediately. APPROVED AS TO FORM THIS 20TH DAY OF OCTOBER, 2022 _________________________________ Corporation Counsel To: Danielle Gillespie, City Clerk From: Brett Williams, Esq., Senior Assistant Corporation Counsel Re: Common Council Legislation Supporting Memorandum Date: October 20, 2022 Sponsor: Council Member Frederick, on behalf of the Finance, Taxation and Assessment Committee, introduced the following ORDINANCE NUMBER 25.111.22 TITLE AN ORDINANCE AUTHORIZING THE SALE OF VARIOUS PROPERTIES TO THE CITY SCHOOL DISTRICT OF ALBANY GENERAL PURPOSE OF LEGISLATION For many years, the Albany City School District was controlled, and its property was owned by, the City of Albany. When the School District became independent it took title to many of its properties, as it ought to have. However, whether on purpose or inadvertently, it seems that the City retained title to certain properties used and operated by the independent School District, while the status of some other properties remains unclear. This ordinance and the transfer it approves are part of a broader effort that will occur over the coming months to clarify the School District’s title to a number of properties it has used and operated for many years. Once approved, the City will deed its interest in the subject property over to the School District by quitclaim deed. NECESSITY FOR LEGISLATION AND ANY CHANGE TO EXISTING LAW Under Local Law 4 of 1984, the sale of City-owned property requires Council approval by a three- fourths majority vote. This is accomplished by ordinance. SPECIFICS OF REAL PROPERTY SALE OR ACQUISITION The parcels for which title is presently unclear, and for which this ordinance authorizes the City to execute quitclaim deeds, are the parcels on which sit Pine Hills Elementary School, Arbor Hill Elementary School, Delaware Community School, Philip J. Schuyler Achievement Academy, William S. Hackett Middle School, the Thomas O’Brien Academy of Science & Technology, Giffen Memorial Elementary School, New Scotland Elementary School, the Montessori Magnet School, and the Albany School of the Humanities. FISCAL IMPACT(S) The City will not seek any remuneration from the School District, which has owned, operated, and maintained the improvements on the property for many years. Council Member Frederick, on behalf of the Finance, Taxation and Assessment Committee, introduced the following ORDINANCE 26.111.22 AN ORDINANCE AUTHORIZING CERTAIN PURCHASES BY THE CITY OF ALBANY, NEW YORK AT A MAXIMUM ESTIMATED COST OF $1,146,875.00 AND AUTHORIZING THE LEASE FINANCING OR THE ISSUANCE OF $1,146,875.00 SERIAL BONDS OF SAID CITY TO PAY THE COST THEREOF (DGS – ACQUISITION OF 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 Subparagraph: (a)(28) Period of Probable Usefulness: 15 years Maximum Term of Obligations: 15 years Maximum Estimated Cost: $1,146,875 Maximum Amount of Bonds: $1,146,875 Treasurer’s Bond Authorization Number(s): A-23 Treasurer’s Project Number(s): GH149114909301 Section 2. The plan of financing such objects or purposes is the lease financing of or the issuance of $1,146,875.00 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 20, 2022, and shall take effect upon its approval by the Board of Estimate and Apportionment of the City of Albany. APPROVED AS TO FORM THIS 20TH DAY OF OCTOBER, 2022 _______________________________ Corporation Counsel Council Member Frederick, on behalf of the Finance, Taxation and Assessment Committee, introduced the following ORDINANCE 27.111.22 AN ORDINANCE AUTHORIZING CERTAIN PURCHASES BY THE CITY OF ALBANY, NEW YORK AT A MAXIMUM ESTIMATED COST OF $115,000.00 AND AUTHORIZING THE LEASE FINANCING OR THE ISSUANCE OF $115,000.00 SERIAL BONDS OF SAID CITY TO PAY THE COST THEREOF (DGS – CONSTRUCTION OF A GREENHOUSE AT DGS HEADQUARTERS) 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: Construction of greenhouse Local Finance Law Section 11 Subparagraph: (a)(11)(c) Period of Probable Usefulness: 15 years Maximum Term of Obligations: 15 years Maximum Estimated Cost: $115,000 Maximum Amount of Bonds: $115,000 Treasurer’s Bond Authorization Number(s): B-23 Treasurer’s Project Number(s): GH149114909302 Section 2. The plan of financing such objects or purposes is the lease financing of or the issuance of $115,000.00 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 20, 2022, and shall take effect upon its approval by the Board of Estimate and Apportionment of the City of Albany. APPROVED AS TO FORM THIS 20TH DAY OF OCTOBER, 2022 _______________________________ Corporation Counsel Council Member Frederick, on behalf of the Finance, Taxation and Assessment Committee, introduced the following ORDINANCE 28.111.22 AN ORDINANCE AUTHORIZING CERTAIN PURCHASES BY THE CITY OF ALBANY, NEW YORK AT A MAXIMUM ESTIMATED COST OF $180,000.00 AND AUTHORIZING THE LEASE FINANCING OR THE ISSUANCE OF $180,000.00 SERIAL BONDS OF SAID CITY TO PAY THE COST THEREOF (DGS – ACQUISITION OF PORTABLE TRUCK LIFTS) 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 portable truck lifts Local Finance Law Section 11 Subparagraph: (a)(29) Period of Probable Usefulness: 5 years Maximum Term of Obligations: 5 years Maximum Estimated Cost: $180,000 Maximum Amount of Bonds: $180,000 Treasurer’s Bond Authorization Number(s): C-23 Treasurer’s Project Number(s): GH149114909303 Section 2. The plan of financing such objects or purposes is the lease financing of or the issuance of $180,000.00 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 20, 2022, and shall take effect upon its approval by the Board of Estimate and Apportionment of the City of Albany. APPROVED AS TO FORM THIS 20TH DAY OF OCTOBER, 2022 _______________________________ Corporation Counsel Council Member Frederick, on behalf of the Finance, Taxation and Assessment Committee, introduced the following ORDINANCE 29.111.22 AN ORDINANCE AUTHORIZING CERTAIN PURCHASES BY THE CITY OF ALBANY, NEW YORK AT A MAXIMUM ESTIMATED COST OF $633,000.00 AND AUTHORIZING THE LEASE FINANCING OR THE ISSUANCE OF $633,000.00 SERIAL BONDS OF SAID CITY TO PAY THE COST THEREOF (DGS – INSTALLATION OF FENCING AT CITY FACILITIES) 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: Installation of fencing at City facilities Local Finance Law Section 11 Subparagraph: (a)(19)(b) Period of Probable Usefulness: 20 years Maximum Term of Obligations: 20 years Maximum Estimated Cost: $633,000 Maximum Amount of Bonds: $633,000 Treasurer’s Bond Authorization Number(s): D-23 Treasurer’s Project Number(s): GH149114909304 Section 2. The plan of financing such objects or purposes is the lease financing of or the issuance of $633,000.00 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 20, 2022, and shall take effect upon its approval by the Board of Estimate and Apportionment of the City of Albany. APPROVED AS TO FORM THIS 20TH DAY OF OCTOBER, 2022 _______________________________ Corporation Counsel Council Member Frederick, on behalf of the Finance, Taxation and Assessment Committee, introduced the following ORDINANCE 30.111.22 AN ORDINANCE AUTHORIZING CERTAIN PURCHASES BY THE CITY OF ALBANY, NEW YORK AT A MAXIMUM ESTIMATED COST OF $3,483,553.00 AND AUTHORIZING THE LEASE FINANCING OR THE ISSUANCE OF $3,483,553.00 SERIAL BONDS OF SAID CITY TO PAY THE COST THEREOF (DGS – ACQUISITION OF VARIOUS MAINTENANCE 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 Various Maintenance Vehicles Local Finance Law Section 11 Subparagraph: (a) 28 Period of Probable Usefulness: 15 years Maximum Term of Obligations: 15 years Maximum Estimated Cost: $3,483,553 Maximum Amount of Bonds: $3,483,553 Treasurer’s Bond Authorization Number(s): E-23 Treasurer’s Project Number(s): GH149114909305 Section 2. The plan of financing such objects or purposes is the lease financing of or the issuance of $3,483,553.00 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 20, 2022, and shall take effect upon its approval by the Board of Estimate and Apportionment of the City of Albany. APPROVED AS TO FORM THIS 20TH DAY OF OCTOBER, 2022 _______________________________ Corporation Counsel Council Member Frederick, on behalf of the Finance, Taxation and Assessment Committee, introduced the following ORDINANCE 31.111.22 AN ORDINANCE AUTHORIZING CERTAIN PURCHASES BY THE CITY OF ALBANY, NEW YORK AT A MAXIMUM ESTIMATED COST OF $410,805.00 AND AUTHORIZING THE LEASE FINANCING OR THE ISSUANCE OF $410,805.00 SERIAL BONDS OF SAID CITY TO PAY THE COST THEREOF (DGS – PLANNING AND DESIGN OF FUTURE WASTE MANAGEMENT FACILITY 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: Planning and design of future waste management facility improvements Local Finance Law Section 11 Subparagraph: (a) 6 Period of Probable Usefulness: 10 years Maximum Term of Obligations: 10 years Maximum Estimated Cost: $410,805 Maximum Amount of Bonds: $410,805 Treasurer’s Bond Authorization Number(s): F-23 Treasurer’s Project Number(s): GH149114909306 Section 2. The plan of financing such objects or purposes is the lease financing of or the issuance of $410,805.00 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 20, 2022, and shall take effect upon its approval by the Board of Estimate and Apportionment of the City of Albany. APPROVED AS TO FORM THIS 20TH DAY OF OCTOBER, 2022 _______________________________ Corporation Counsel Council Member Frederick, on behalf of the Finance, Taxation and Assessment Committee, introduced the following ORDINANCE 32.111.22 AN ORDINANCE AUTHORIZING CERTAIN PURCHASES BY THE CITY OF ALBANY, NEW YORK AT A MAXIMUM ESTIMATED COST OF $1,900,000.00 AND AUTHORIZING THE LEASE FINANCING OR THE ISSUANCE OF $1,900,000.00 SERIAL BONDS OF SAID CITY TO PAY THE COST THEREOF (ALBANY FIRE DEPARTMENT – ACQUISITION OF FIRE-FIGHTING VEHICLES, APPARATUS, AND ASSOCIATED 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 fire-fighting vehicles, apparatus, and associated equipment Local Finance Law Section 11 Subparagraph: (a)(27) Period of Probable Usefulness: 20 years Maximum Term of Obligations: 20 years Maximum Estimated Cost: $1,900,000 Maximum Amount of Bonds: $1,900,000 Treasurer’s Bond Authorization Number(s): G-23 Treasurer’s Project Number(s): GH149114909307 Section 2. The plan of financing such objects or purposes is the lease financing of or the issuance of $1,900,000.00 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 21, 2022, and shall take effect upon its approval by the Board of Estimate and Apportionment of the City of Albany. APPROVED AS TO FORM THIS 21ST DAY OF OCTOBER, 2022 _______________________________ Corporation Counsel Council Member Frederick on behalf of the Committee on Finance, Assessment, and Taxation introduced the following: RESOLUTION NUMBER 100.111.22R A 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 23.102.22 WHEREAS, on September 30, 2022, the Common Council received the Mayor’s proposed budget for the City of Albany for the fiscal year 2023 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 2023: Proposed 2023 City of Albany Budget Statement of Common Council Actions, Findings, Intent, and Recommendations TO: Danielle Gillespie, City Clerk FROM: John-Raphael Pichardo, Esq., Counsel Jake Eisland, Esq., Research Counsel RE: Supporting Memorandum DATE: October 28, 2022 SPONSOR: Council Member Frederick on behalf of the Committee on Finance, Assessment, and Taxation RESOLUTION NUMBER 100.111.22R 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 23.102.22 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. Council Member Adams introduced the following: RESOLUTION NUMBER 101.111.22R A RESOLUTION HONORING DR. PAUL MILLER AND THANKING HIM FOR HIS SERVICE TO THE CITY OF ALBANY WHEREAS, Dr. Paul Miller, Principal of Green Tech Charter School, has served since 2012, and under Dr. Miller’s leadership, graduation rates have averaged 95%, his students have had a 100% acceptance rate to college, and have earned upwards of $15 million per year in scholarship; and WHEREAS, Dr. Miller has become an accomplished author, having written two books, Cyberbullying: Breaking the Cycle of Conflict and We Need to Do Better: Changing the Mindset of Children through Family, Community, and Education, both of which are aimed at taking an action-based approach to breaking negative cycles within the urban community, in order improve the quality of life for children; and WHEREAS, Dr. Miller is well respected in the City of Albany, County, State of New York and Country, having been recognized in 2012 by the City and County of Albany as a Man of Valor; Top 20 Educators in the Country (2015); “Living Legend” award in 2017 by the NAACP; Israel AME Church as their Men of Honor “Man of the Year” (2015); and 40 under 40 Top African American Leaders in Rochester (2011); and WHEREAS, October 28, 2022 will be Dr. Miller’s last day at Green Tech Charter School, and the City of Albany is saddened by his departure, because he has made a tremendous impact on our children; NOW THEREFORE, BE IT RESOLVED, that the Common Council of the City of Albany hereby thanks and honors Dr. Paul Miller for all his work in the City of Albany and the impact that he has had, not just on our children, but on the City and region as a whole. To: Danielle Gillespie, City Clerk From: John-Raphael Pichardo, Esq., Research Counsel Re: Common Council Legislation Supporting Memorandum Date: October 28, 2022 SPONSOR Council Member Adams RESOLUTION NUMBER TITLE A RESOLUTION HONORING DR. PAUL MILLER AND THANKING HIM FOR HIS SERVICE TO THE CITY OF ALBANY GENERAL PURPOSE OF LEGISLATION Honoring Dr. Paul Miller FISCAL IMPACT(S) None. BOND AUTHORIZATION REQUEST FORM Dept.: DGS Date: 10/19/2022 Contact Person: Frank Zeoli Dep. Comin. 518.462.6846 Name Title Phone # Description/Purpose of Project: Acquisition of various maintenance ~equipment Cost: $ 1,146,875 Capital Budget: Fiscal Year___2023 Depa inent Head Ap=proval: Ttem # l te sn“~-2 ol 1& lox [Signature Date Explanation/Special Remarks: BUDGET TREASURER CORF-ORATION COUNSEL Approved = Bond Auth. # la 23 Intro: Mowmle, “2001 Disapproved [_]| Project # ji 44) [440 [30] LFL§ _ {1 (a) (2x) “Initials: ZZA ~ —tnitials: LF orate. cal.) 2D Date: of(q/27 Date, /O/Z29/2-e . Instructions: File original form with Budget Director and copies to Treasurer and Corp oration Counsel. BOND AUTHORIZATION REQUEST FORM Dept.: DGS Date: 10/19/2022 Contact Person: Frank Zeoli Dep. Comm 518.462.6846 Name Title Phone # Description/Purpose of Project: Construction of greenhouse at DGS HQ Cost: $ 115,000 Capital Budget: Fiscal Year__2023_ Departrhent Hfad Approval: Item# 2 A AAD lol [oz {Signature Date Explanation/Special Remarks: BUDGET TREASURER CORPORATION COUNSEL _f tatro: Mem _'t, 1027 > Approved XL Bond Auth, #__B-25 Disapproved [_] Project # GH LVI (490 J2°2— LFLg_& iho(« ) Initials: %/Z72— Initials; A ord# 24 cu) %& Date: folraf22 Date: /2/20/22— Instructions: File original form with Budget Director and copies to Treasurer and Corporation Counsel. BOND AUTHORIZATION REQUEST FORM Dept.: DGS Date: 10/19/2022 Contact Person: Frank Zeoli Dep. Comm 518.462.6846 . Name Title Phone # Description/Purpose of Project: Acquisition of portable truck lifts Cost: $ 180,000 Capital Budget: Fiscal Year___ 2023 Departmen Head Approval: Item#_ 4 2 ol 14 | aw Signature Date Explanation/Special Remarks: BUDGET TREASURER CORPORATION COUNSEL ._39? Approved si Bond Auth. # ome Intro: Nol 2627. Disapproved [_] Project #(rH /49// 1707303 LFL§ Bay 4L Initials: S407 Initials: Z LB Orde UT cit ) d2 Date. /(Of1ale2v Date: Jof2z0f/22- Instructions: File original form with Budget Director and copies to Treasurer and Corporation Counsel. BOND AUTHORIZATION REQUEST FORM Dept.: DGS Date: 10/19/2022 Contact Person: Frank Zeoli Dep. Comm. 518.462.6846 Name . Title Phone # Description/Purpose of Project: Installation of fencing at City facilities Cost: § 633,000 Capital Budget: Fiscal Year___2023 Department Head Approval: Item #_ 4S [> wl qlee Ci | Signature Date Explanation/Special Remarks: BUDGET TREASURER. CORPORATION COUNSEL Approved — x] Bond Auth.# D-23 intro: Movie 1, 1072, Disapproved [_] Project # - 4 1/1490 3 of LFL§_U 4 ih} U Initials: Fel 7C_ hiitials: ACO Ord ct) 27 22 Date: /Of1q/22. Date: _/e/20/2r—- Instructions: File original form with Budget Director and copies to Treasurer and Corporation Counsel. BOND AUTHORIZATION REQUEST FORM Dept.: DGS Date: 10/19/2022 Contact Person: Frank Zeoli Dep. Comm. 518.462.6846 Name Title Phone # Description/Purpose of Project: Acquisition of various maintenance vehicles Cost: $ 3,483,553 Capital Budget: Fiscal Year___2023 Depa en{ Head Approval: Item # 1 | AAS ol al Lv (Signature Date Explanation/Special Remarks: BUDGET TREASURER, CORPORATION COUNSEL Approved 7 Bond Auth. # E 723 tntro:_ Apri by, boon, Disapproved [_]. Project # GH/ YN y90]3 0S tFLg_!] (A) Initials: MMOL Initials: Le Ord#_ BO (WN) OH Date: lofral22 Date: /o/20/22- Instructions: File original form with Budget Director and copies to Treasurer and Corporation Counsel. BOND AUTHORIZATION REQUEST FORM Dept.: DGS Date: 10/19/2022 Contact Person: Joe Giebelhaus Dep. Comm. 518.242.7807 Name Title Phone # Description/Purpose of Project: Planning and design of future waste management facilit improvements Cost: $__ 410,805 Capital Budget: Fiscal Year__ 2023 mows ad Approval: Item #6 AL idighe ‘pune Date Explanation/Special Remarks: BUDGET TREASURER CORPORATION COUNSEL Approved YX] Bond Auth. # / -25 Intro:— Npnlbu_t 2077 Disapproved [_] Project # Y/Y / 39/60 7306 LFL§ cay @ Initials: Aer Initials: KZ Ord#__3l Cin) Date: tofrafre Date: /0/20/2-2- Instructions: File original form with Budget Director and copies to Treasurer and Corporation Counsel. BOND AUTHORIZATION -REQUEST FORM Dept.: Fire /EMS Date: 10/19/2022 Contact Person: Joseph Gregory Chief 518.447.7879 Name ‘ Title Phone # Description/Purpose of Project: Acquisition of fire-fighting vehicles, apparatus and associated equipment Cost: $ 1,900,000 Capital Budget: Fiscal Year___ 2023 Department Head Approval: Item # 1 Vous aud csp, 10-2) -22 OC) Signafire (\ \ Date Explanation/Special Remarks: _ BUDGET TREASURER CORPORATION COUNSEL Approved ZL Bond Auth. # G-23 Intro: Mond L, log Disapproved C Project # GH Rif O 73 0 7 LFL§ |! (A) 1} Initials: PUCLI2 Initials: 5 | Ord# 94 (il pw Date: lof2 | Ze Date: jO/2572> Instructions: File original form with Budget Director and copies to Treasurer and Corporation Counsel. Council Member Hoey introduced the following: LOCAL LAW F OF 2022 (As Amended 09/28/2022) A LOCAL LAW AMENDING PART 3 (DEPARTMENT OF PUBLIC SAFETY) OF CHAPTER 42 (BOARDS AND COMMISSIONS) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO THE ESTABLISHMENT OF THE DEPARTMENT OF PUBLIC SAFETY Be it enacted by the Common Council of the City of Albany as follows: Section 1. Sections 42-69, 42-70, and 42-71 of Article XI (General Provisions) of Part 3 (Department of Public Safety) of Chapter 42 (Departments and Commissions) of Part I (Administrative Legislation) of the Code of the City of Albany are amended to read as follows: § 42-69 (Reserved) Establishment. There is hereby established a department known as the “Department of Public Safety.” § 42-70 (Reserved) Commissioner of Public Safety. There shall be appointed by the Mayor a Commissioner of Public Safety who shall head the Department of Public Safety and carry out the functions and duties thereof. The Commissioner shall serve and hold such office at the pleasure of the Mayor. The Commissioner shall appoints such deputies, directors and other subordinates as shall be authorized by the Board of Estimate and Apportionment and who shall serve at the Commissioner’s pleasure. § 42-71 (Reserved) Scope, powers and duties of Commissioner The Commissioner of Public Safety shall serve as the designated arbiter of any disciplinary determination that is appealed from within the Albany Police Department. The Commissioner shall have the authority to hold hearings, and issue final binding discipline in such matters. In addition, the Commissioner shall possess such other powers and perform such other duties as may be prescribed by local law or ordinance of the Common Council. Section 2. This local law shall take effect upon passage, public hearing, and filing with the Secretary of State. APPROVED AS TO FORM THIS 28TH DAY OF SEPTEMBER, 2022 ______________________________ Corporation Counsel To: Danielle Gillespie, City Clerk From: John-Raphael Pichardo, Research Counsel Re: Common Council Legislation Supporting Memorandum Date: May 6, 2022 Sponsor: Council Member Hoey LOCAL LAW F OF 2022 (As Amended 09/28/2022) TITLE A LOCAL LAW AMENDING PART 3 (DEPARTMENT OF PUBLIC SAFETY) OF CHAPTER 42 (BOARDS AND COMMISSIONS) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO THE ESTABLISHMENT OF THE DEPARTMENT OF PUBLIC SAFETY GENERAL PURPOSE OF LEGISLATION Establishes the Department of Public Safety NECESSITY FOR LEGISLATION AND ANY CHANGE TO EXISTING LAW In the early 2000s, the Department of Public Safety was repealed. The Local Law allows for the position of Commissioner of Public Safety as proposed by the Mayor in the 2022 Budget to be housed within the Department of Public Safety. FISCAL IMPACT None, as the position of Commissioner of the Department of Public Safety has already been budgeted for in the 2022 budget. Council Members Frederick, on behalf of the Committee on Finance, Assessment, and Taxation introduced the following: Resolution Number 97.102.22R (MC) A RESOLUTION OF THE COMMON COUNCIL CONSENTING TO ADJUSTMENTS IN SALARY FOR CERTAIN POSITIONS IN THE TREASURER’S OFFICE FOR THE 2022 BUDGET FROM JULY 1, 2022 TO DECEMBER 31, 2022 WHEREAS, section 603(D)(b) of the Charter of the City of Albany dictates that any transfer of budgeted funds that affects a salary rate or salary total occurs outside of those described in the duly adopted budget requires the approval of the Common Council; and WHEREAS, the Treasurer has requested to increase the salaries of his staff dating from July 1, 2022; and WHEREAS, the requested changes are reflected in the following chart: Action Line Title Line Number From To Increase Account Clerk A.1325.7000 $38,246.00 $48,000 Account Clerk A.1325.7000 $38244.96 $48,000 Accountant A.1325.7000 $45,903.00 $60,000 Accountant A.1325.7000 $36,050.04 $60,000 Assistant Treasurer A.1325.7000 $87,417.72 $120,000 Chief Accountant A.1325.7000 $60,000.20 $110,000 Confidential Secretary A.1325.7000 $43,163.12 $48,000 Claims Mgmt. Clerk A.1325.7000 $58,350.24 $71,000 Deputy Treasurer A.1325.7000 $98,345.00 $125,000 Fiscal Analyst A.1325.7000 $43,163.12 $64,500 Senior Accountant A.1325.7000 $32,781.84 $35,000 Account Clerk A.1325.7000 $38,246.00 $48,000 Account Clerk A.1325.7000 $38,246.00 $48,000 Accountant A.1325.7000 $45,895.00 $60,000 Adjudication Clerk A.1325.7000 $22,947.08 $28,800 Dir. of Parking Viols. A.1325.7000 $32,781.76 $35,000 ; and WHEREAS, these changes will be budget neutral through the use of vacancy savings in the Treasurer’s Office; and NOW, THEREFORE, BE IT RESOLVED, that the Common Council of the City of Albany consents to the transfer of budgeted funds affecting salary totals for the 2022 budget year due to the increase in salaries for the job titles as described above. To: Danielle Gillespie, City Clerk From: Hon. Darius Shahinfar, Albany City Treasurer Brett Williams, Esq., Sr. Assistant Corporation Counsel Re: Common Council Legislation Supporting Memorandum Date: October 11, 2022 Sponsor(s): Frederick o/b/o Finance Committee RESOLUTION 97.102.22R (MC) TITLE A RESOLUTION OF THE COMMON COUNCIL CONSENTING TO ADJUSTMENTS IN SALARY FOR CERTAIN POSITIONS IN THE TREASURER’S OFFICE FOR THE 2022 BUDGET FROM JULY 1, 2022 TO DECEMBER 31, 2022 GENERAL PURPOSE OF LEGISLATION On the basis of the recently-completed pay study, the Treasurer is requesting staff salary adjustments to their proposed budgeted 2023 amounts, in order to immediately bring the salaries of these positions in line with their relevant industry averages rather than wait until January 1, 2023. The only salary that would not be raised to market rate (or at all) is the Treasurer’s salary. In our recently completed independent 2021 audit, the only blemish on the otherwise “clean opinion” was the finding of a “material weakness” due to the inability to fill a vacant Chief Accountant position for nearly 2 years now. As the pay study showed, this inability was due to the salary being far under the market value for the position. In order to raise that salary to market rate, it requires raising the other salaries in the office to bring parity to all positions as soon as possible. These changes reflect salary adjustments not reflected in the 2022 proposed budget book. NECESSITY FOR LEGISLATION AND ANY CHANGE TO EXISTING LAW Pursuant to the City Charter, the Council must consent to the transfer of funds that affect salary totals which occur outside of the annual Budget process. FISCAL IMPACT This change is budget neutral through the use of the Treasurer’s Office’s vacancy savings. MESSAGE OF NECESSITY This resolution is requested for addition to the agenda for the October 17, 2022 meeting because the Treasurer would like to be able to process these mid-year raises as soon as possible. AGENDA FOR THE REGULAR MEETING OF THE ALBANY COMMON COUNCIL Monday, November 7th, 2022 The Common Council meets the first and third Monday of each month at 7:00 p.m. (note: when Monday falls on a legal holiday or day of special observance, the Council meeting is ordinarily moved to the following Thursday). This meeting will be held in the Common Council Chambers in City Hall and live streamed on Facebook. If we experience any technical difficulties on Facebook, the video will be streamed to YouTube. For more information on how to be heard please visit our website. If you wish to speak during the meeting or provide written comments, they must be received by 12noon on the day of the meeting. All comments are memorialized on our Facebook page, website, and are subject to FOIL. ORDER OF BUSINESS: Roll Call Welcome Pledge of Allegiance Moment of Silence Public Hearings Public Comment Period (30 Minutes) Approval of Minutes from Previous Meetings Consideration of Local Laws Communications from the Mayor, Department Heads and other City Officials Consideration of Vetoes Presentation of Petitions and Communications Reports of Standing Committees Reports of Ad Hoc Committees Consideration of Ordinances Consideration of Resolutions Additional Public Comment (30 Minutes) Miscellaneous or Unfinished Business Adjournment 1 NOTICE OF PUBLIC HEARING Notice is hereby given that a Public Hearing will be conducted in person in the Common Council Chambers in City Hall and live streamed to https://www.facebook.com/albany.commoncouncil, and on YouTube© at https://www.youtube.com/channel/UC-rQHp1fBLPcdk_4N6J4XbQ. This meeting will be held on Monday, November 7th, 2022 at 7:00 pm on the following matter: City of Albany 2023 Proposed Budget Any interested parties may appear and provide comments at the hearing or submit written comments directly to the Common Council website https://www.albanyny.gov/189/Albany-Common-Council or emailed to Commoncouncil@albanyny.gov latest by 12pm Monday, November 7th, 2022. Please make sure you check our website for updates. For further information call the Common Council at 518-434-5087. Danielle Gillespie City Clerk 2 LOCAL LAWS INTRODUCED N of 2022 A LOCAL LAW AMENDING ARTICLE III (SENIOR CITIZEN TAX EXEMPTION) OF CHAPTER 333 (TAXATION) OF THE CODE OF THE CITY OF ALBANY TO INCREASE THE MAXIMUM INCOME ELIGIBILITY LEVELS APPLICABLE TO THE EXEMPTION O of 2022 A LOCAL LAW AMENDING ARTICLE XIII (EXEMPTION FOR DISABLED PERSONS WITH LIMITED INCOME) OF CHAPTER 333 (TAXATION) OF THE CODE OF THE CITY OF ALBANY TO INCREASE THE MAXIMUM INCOME ELIGIBLITY LEVELS APPLICABLE TO THE EXEMPTION 3 LOCAL LAWS HELD 1. Johnson LOCAL LAW C-2022 A LOCAL LAW AMENDING CHAPTER 42 (DEPARTMENTS AND COMMISSIONS) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO CREATING A PUBLIC SAFETY COMMISSION *Referred to Public Safety* 2. Hoey LOCAL LAW F of 2022 A LOCAL LAW AMENDING PART 3 (DEPARTMENT OF PUBLIC SAFETY) OF CHAPTER 42 (BOARDS AND COMMISSIONS) OF THE CODE OF THE CITY OF ALBANY *Referred to Public Safety* 3. Planning LOCAL LAW G OF 2022 A LOCAL LAW AMENDING PART 4 (HISTORIC RESOURCES COMMISSION), PART 13 (PLANNING BOARD OF CITY OF ALBANY), AND PART 35 (BOARD OF ZONING APPEALS) OF CHAPTER 42 (DEPARTMENTS AND COMMISSIONS) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO REDUCING THE SIZE OF THE HISTORIC RESOURCES COMMISSION AND AUTHORIZING THE APPOINTMENT OF ALTERNATE MEMBERS TO THE HISTORIC RESOURCES COMMISSION, CITY PLANNING BOARD, AND BOARD OF ZONING APPEALS *Referred to Planning, Economic Development, and Land Use Committee* 4. Romero LOCAL LAW H of 2022 A LOCAL LAW AMENDING CHAPTER 231 (HOUSING) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO CREATING A PUBLIC CODE VIOLATION DATABASE *Referred to Law, Buildings and Code Enforcement Committee* 5. Romero LOCAL LAW I of 2022 A LOCAL LAW CREATING A COMMUNITY COMMISSION TO STUDY THE ENACTMENT OF REPARATIONS REMEDIES RELATED TO THE SALE OF CANNABIS IN THE CITY OF ALBANY 4 6. Romero LOCAL LAW J of 2022 A LOCAL LAW AMENDING ARTICLE VIIB (ALBANY POLICE DEPARMENT INTERACTIONS) OF PART 1 (DEPARTMENT OF POLICE) OF CHAPTER 42 (DEPARTMENTS AND COMMISSION) OF THE CODE OF THE CITY OF ALBANY IN REALTION TO PROHIBITING THE ALBANY POLICE DEPARMENT FROM PURCHASING, STOCKPILING, AND USING KINETIC ENERGY MUNITIONS *Referred to Public Safety Committee* 7. Romero LOCAL LAW K of 2022 A LOCAL LAW AMENDING ARTICLE VIIB (ALBANY POLICE DEPARMENT INTERACTIONS) OF PART 1 (DEPARTMENT OF POLICE) OF CHAPTER 42 (DEPARTMENTS AND COMMISSION) OF THE CODE OF THE CITY OF ALBANY IN REALTION TO PROHIBITING THE ALBANY POLICE DEPARMENT FROM PURCHASING, STOCKPILING, AND USING CHEMICAL WEAPONS *Referred to Public Safety Committee* 8. Kimbrough LOCAL LAW L OF 2022 A LOCAL LAW AMENDING ARTICLE VIIB (ALBANY POLICE DEPARTMENT INTERACTIONS) OF PART 1 (DEPARTMENT OF POLICE) OF CHAPTER 42 (DEPARTMENTS AND COMMISSIONS) OF THE CODE OF THE CITY OF ALBANY WITH REGARD TO THE USE OF CHEMICAL WEAPONS AND KINETIC ENERGY MUNITIONS ON CIVILIAN POPULATIONS *Referred to Public Safety Committee* 9. Zamer LOCAL LAW M OF 2022 A LOCAL LAW AMENDING CHAPTER 359 (VEHICLES AND TRAFFIC) REDUCING THE SPEED LIMIT OF THE CITY OF ALBANY FROM 30 TO 25 MILES PER HOUR *Referred to Public Safety Committee* 5 ORDINANCES INTRODUCED 24.111.22 AN ORDINANCE AUTHORIZING THE SALE TO THE ALBANY COUNTY HISTORICAL ASSOCAITION OF 142 LIVINGSTON AVENUE (TAX MAP PARCEL NUMBER 65.74-4-13), 35 TEN BROECK PLACE (TAX MAP PARCEL NUMBER 65.74-4-20), AND 37 TEN BROECK PLACE (TAX MAP PARCEL NUMBER 65.74-4-21) 25.111.22 AN ORDINANCE AUTHORIZING ISSUANCE OF QUITCLAIM DEEDS TO THE CITY SCHOOL DISTRICT OF ALBANY FOR VARIOUS PROPERTIES 26.111.22 AN ORDINANCE AUTHORIZING CERTAIN PURCHASES BY THE CITY OF ALBANY, NEW YORK AT A MAXIMUM ESTIMATED COST OF $1,146,875.00 AND AUTHORIZING THE LEASE FINANCING OR THE ISSUANCE OF $1,146,875.00 SERIAL BONDS OF SAID CITY TO PAY THE COST THEREOF (DGS – ACQUISITION OF MAINTENANCE EQUIPMENT) 27.111.22 AN ORDINANCE AUTHORIZING CERTAIN PURCHASES BY THE CITY OF ALBANY, NEW YORK AT A MAXIMUM ESTIMATED COST OF $115,000.00 AND AUTHORIZING THE LEASE FINANCING OR THE ISSUANCE OF $115,000.00 SERIAL BONDS OF SAID CITY TO PAY THE COST THEREOF (DGS – CONSTRUCTION OF A GREENHOUSE AT DGS HEADQUARTERS) 28.111.22 AN ORDINANCE AUTHORIZING CERTAIN PURCHASES BY THE CITY OF ALBANY, NEW YORK AT A MAXIMUM ESTIMATED COST OF $180,000.00 AND AUTHORIZING THE LEASE FINANCING OR THE ISSUANCE OF $180,000.00 SERIAL BONDS OF SAID CITY TO PAY THE COST THEREOF (DGS – ACQUISITION OF PORTABLE TRUCK LIFTS) 29.111.22 AN ORDINANCE AUTHORIZING CERTAIN PURCHASES BY THE CITY OF ALBANY, NEW YORK AT A MAXIMUM ESTIMATED COST OF $633,000.00 AND AUTHORIZING THE LEASE FINANCING OR THE ISSUANCE OF $633,000.00 SERIAL BONDS OF SAID CITY TO PAY THE COST THEREOF (DGS – INSTALLATION OF FENCING AT CITY FACILITIES) 30.111.22 AN ORDINANCE AUTHORIZING CERTAIN PURCHASES BY THE CITY OF ALBANY, NEW YORK AT A MAXIMUM ESTIMATED COST OF $3,483,553.00 AND AUTHORIZING THE LEASE FINANCING OR THE ISSUANCE OF $3,483,553.00 SERIAL BONDS OF SAID CITY TO PAY THE COST THEREOF (DGS – ACQUISITION OF VARIOUS MAINTENANCE VEHICLES) 31.111.22 AN ORDINANCE AUTHORIZING CERTAIN PURCHASES BY THE CITY OF ALBANY, NEW YORK AT A MAXIMUM ESTIMATED COST OF $410,805.00 AND AUTHORIZING THE LEASE FINANCING OR THE ISSUANCE OF $410,805.00 SERIAL BONDS OF SAID CITY TO PAY THE COST THEREOF (DGS – PLANNING AND DESIGN OF FUTURE WASTE MANAGEMENT FACILITY IMPROVEMENTS) 6 32.111.22 AN ORDINANCE AUTHORIZING CERTAIN PURCHASES BY THE CITY OF ALBANY, NEW YORK AT A MAXIMUM ESTIMATED COST OF $1,900,000.00 AND AUTHORIZING THE LEASE FINANCING OR THE ISSUANCE OF $1,900,000.00 SERIAL BONDS OF SAID CITY TO PAY THE COST THEREOF (ALBANY FIRE DEPARTMENT – ACQUISITION OF FIRE-FIGHTING VEHICLES, APPARATUS, AND ASSOCIATED EQUIPMENT) 7 ORDINANCES HELD 1. Balarin Ordinance 4.21.22 AN ORDINANCE AMENDING CHAPTER 375 (UNIFIED SUSTAINABLE DEVELOPMENT ORDINANCE) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO INCREASING THE AFFORDABLE HOUSING REQUIREMENT IN NEW DEVELOPMENTS *Referred to Planning, Economic Development and Land Use* 2. Farrell Ordinance 16.72.22 AN ORDINANCE AMENDING ARTICLE I (BICYCLES AND ALL MOTOR VEHICLES) OF CHAPTER 359 (VEHICLES AND TRAFFIC) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO THE REGULATION OF SKATEBOARDING ON SIDEWALKS *Referred to Law, Buildings and Code Enforcement Committee* 3. Love Ordinance 19.91.22 AN ORDINANCE AMENDING PART 21 (COMMON COUNCIL) OF CHAPTER 42 (DEPARTMENTS AND COMMISSIONS) OF THE CODE OF THE CITY OF ALBANY ENACTING A SUMMER RECESS IN LEGISLATIVE SESSIONS *Referred to Council Operations and Ethics* 4. Farrell Ordinance 20.91.22 AN ORDINANCE AMENDING CHAPTER 151 (COMMERCIAL STANDARDS) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO CONSUMER PROTECTION FOR PARKING LOTS *Referred to Law, Buildings and Code Enforcement* 5. Johnson Ordinance 21.91.22 AN ORDINANCE AUTHORIZING AND DIRECTING THE GRANT TO HISTORIC MANSION HILL LIMITED PARTNERSHIP OF AN EASEMENT IN THE CITY OF ALBANY OVER A PORTION OF THE CITY RIGHT-OF-WAY OF THE ASH GROVE PLACE COMMON ALLEY (TAX MAP NUMBER 76.49-3-57) FOR THE CONSTRUCTION AND MAINTENANE OF AN ADA COMPLIANT RAMP *Referred to Finance, Assessment, and Taxation Committee* 8 6. Farrell Ordinance 22.101.22 AN ORDINANCE AMENDING CHAPTER 359 (VEHICLES AND TRAFFIC) OF THE CODE OF THE CITY OF ALBANY DEFINING MOTORIZED SCOOTERS TO INCLUDE DEVICES WITHOUT HANDLEBARS *Referred to Law, Buildings and Code Enforcement Committee* 9 RESOLUTIONS INTRODUCED 100.111.22R A 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 23.102.22 101.111.22 A RESOLUTION HONORING DR. PAUL MILLER AND THANKING HIM FOR HIS SERVICE TO THE CITY OF ALBANY 10 RESOLUTIONS HELD 1. Hoey Resolution 13.21.22R A RESOLUTION OF THE COMMON COUNCIL REQUESTING THE ALBANY WATER BOARD TO FLOURINATE THE WATER OF THE CITY OF ALBANY *Referred to General Services, Health & Environment Committee* 2. Hoey Resolution 14.21.22R A RESOLUTION OF THE COMMON COUNCIL EXPRESSING ITS DESIRE TO CREATE A BIKE/WALKING TRAIL ALONG THE NEW YORK STATE THRUWAY *Referred to Parks, Recreation, and Family Service* 3. Frederick Resolution 97.102.22R (MC) A RESOLUTION OF THE COMMON COUNCIL CONSENTING TO ADJUSTMENTS IN SALARY FOR CERTAIN POSITIONS IN THE TREASURER’S OFFICE FOR THE 2022 BUDGET FROM JULY 1, 2022 TO DECEMBER 31, 2022 11