1. Active Calendar 1.I. December 4, 2023 | Active Calendar Documents: ACTIVE CALENDAR DECEMBER 4 2023.PDF 2. Supporting Legislation 2.I. December 4, 2023 | Supporting Legislation Documents: DECEMBER 4, 2023.PDF 2.II. December 4, 2023 | Active Legislation Documents: 231204 ACTIVE LEGISLATION.PDF 3. Minutes 4. Majority Consent (MC) 5. Supporting Document 6. Written Comment 7. Amended Legislation 8. Meeting Agenda 8.I. December 4, 2023 | Agenda Documents: 23 AGENDA 1204.PDF Page 1 of 1 Albany Common Council Active Calendar Meeting of Monday, December 4, 2023 (NOTE: The Active Calendar is meant to indicate items which are anticipated to come up for action at the indicated Common Council meeting. Items on a committee agenda prior to the indicated Council meeting are included subject to committee action and recommendation. New items on the agenda for introduction, but which will not be acted upon on the evening of introduction is not included on the Active Calendar. This Calendar does not preclude the addition of items for action by Majority Consent of the Council. Items added by Majority Consent are those which were not available for the agenda within the required deadline but which cannot wait for the subsequent Council meeting for introduction and/or action.) Section Number Agenda Sponsor Subject Number Local Laws Held (a) Local Law J 9 Hoey A LOCAL LAW AMENDING of 2023 ARTICLE XLIV (GENERAL PROVISIONS) OF PART 33 (COMMUNITY POLICE REVIEW BOARD) OF CHAPTER 42 (DEPARTMENTS AND COMMISSIONS) OF THE CODE OF THE CITY OF ALBANY IN RELATIONS TO TERMS OF APPOINTMENT TO THE COMMUNITY POLICE REVIEW BOARD Ordinances Held (a) 75.112.23 18 Kimbrough AN ORDINANCE AMENDING CHAPTER 359 (VEHICLES AND TRAFFIC) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO CREATING A SCHOOL BUS STOP ARM CAMERA DEMONSTRATION PROGRAM (a) Pending discussions at the Public Safety Committee meeting on Wednesday, November 29, 2023 @ 6:00pm IN PERSON in the Council Chamber, 2nd Floor, City Hall (11/24/2023) COMMON COUNCIL OF THE CITY OF ALBANY SUPPORT LEGISLATION DECEMBER 4, 2023 RESOLUTIONS 118.121.23R A RESOLUTION OF THE COMMON COUNCIL AUTHORIZING THE LEVY UPON PROPERTIES IN THE CITY OF ALBANY FOR UNPAID WATER AND SEWER CHARGES 119.121.23R A RESOLUTION OF THE COMMON COUNCIL AUTHORIZING THE LEVY UPON PROPERTIES IN THE CITY OF ALBANY FOR UNPAID CHARGES OF THE DEPARTMENT OF FIRE AND EMERGENCY SERVICES, DEPARTMENT OF BUILDINGS AND REGULATORY COMPLIANCE, AND THE DEPARTMENT OF GENERAL SERVICES 120.121.23R A RESOLUTION OF THE COMMON COUNCIL AUTHORIZING THE LEVY OF 2023 BUSINESS IMPROVEMENT DISTRICT (BID) CHARGES AND AUTHORIZING THE TREASURER TO PLACE SUCH CHARGES ON THE 2023 TAX BILLS Council Member Frederick, on behalf of the Committee on Finance, Assessment, and Taxation, introduced the following: RESOLUTION 118.121.23R A RESOLUTION OF THE COMMON COUNCIL AUTHORIZING THE LEVY UPON PROPERTIES IN THE CITY OF ALBANY FOR UNPAID WATER AND SEWER CHARGES WHEREAS, section 604 (e) of the Charter of the City of Albany states that “all water and sewer charges shall be collected by the City Treasurer in the manner set forth in the Second Class Cities Law and be a lien upon the property assessed as a general City tax and as part thereof shall be levied and collected” pursuant to the procedures set forth in section 605 of the City Charter; and WHEREAS, Public Authorities Law § 1115-i (9) calls for unpaid water and sewer charges to be levied and placed on annual tax rolls of the City of Alban under the name “delinquent water and sewer charges;” and WHEREAS, the Chief Financial Officer of the Albany Water Board has filed with the City of Albany a statement of unpaid water and sewer charges for the years 2022-2023 totaling __________; and NOW, THEREFORE, BE IT RESOLVED, that there be a delinquent water and sewer charge levied and assessed against each specific lot or parcel of land as set forth in the statement of unpaid water and sewer charges BE IT FURTHER RESOLVED, that such individual sums, being hereby levied against said liable properties, amounting in the aggregate to $__________, shall be placed on the 2024 tax roll of the City of Albany and further allocated individually to the liable properties in conjunction with said properties’ 2023 tax bills; BE IT FURTHER RESOLVED, that the Clerk of the City of Albany is directed for forward a certified of this resolution to the Treasurer of the City of Albany. To: Shaniqua Jackson, Acting City Clerk From: Brett Williams, Senior Assistant Corporation Counsel Re: Common Council Legislation Supporting Memorandum Date: November 22, 2023 Sponsor: Council Member Frederick, on behalf of the Finance Committee RESOLUTION 118.121.23R TITLE A RESOLUTION OF THE COMMON COUNCIL AUTHORIZING THE LEVY UPON PROPERTIES IN THE CITY OF ALBANY FOR UNPAID WATER AND SEWER CHARGES GENERAL PURPOSE OF LEGISLATION This resolution authorizes the Treasurer’s Office to levy unpaid water and sewer charges that were billed in 2022 and 2023 on the 2024 tax roll, and to place such unpaid charges on individual 2024 City tax bills. Note that the Treasurer’s Office is still calculating the final amounts, and this resolution will be updated or amended to include the final figures as soon as possible. NECESSITY FOR LEGISLATION AND ANY CHANGE TO EXISTING LAW This resolution is required so that delinquent water and sewer charges can be added to the 2024 tax bills to be sent out in January, which will then enable the City Treasurer to relevy any unpaid delinquent water and sewer charges to Albany County in 2024. FISCAL IMPACT An amount to be determined will be relevied and placed on individual 2024 City property tax bills, which will enable the City to collect a portion of the unpaid charges. Any amount not paid through this procedure will then be turned over to the County, which will make the City whole before pursuing collection of the unpaid fees and taxes. Council Member Frederick, on behalf of the Committee on Finance, Assessment, and Taxation, introduced the following: RESOLUTION 119.121.23R A RESOLUTION OF THE COMMON COUNCIL AUTHORIZING THE LEVY UPON PROPERTIES IN THE CITY OF ALBANY FOR UNPAID CHARGES OF THE DEPARTMENT OF FIRE AND EMERGENCY SERVICES, DEPARTMENT OF BUILDINGS AND REGULATORY COMPLIANCE, AND THE DEPARTMENT OF GENERAL SERVICES WHEREAS, the Department of Fire and Emergency Services and the Department of Buildings and Regulatory Compliance were both created under Part 2 of Chapter 42 of the Code of the City of Albany; and WHEREAS, the Department of General Services was created under Part 5 of Chapter 42 of the Code of the City of Albany; and WHEREAS, each of the above-referenced departments have the ability, under law, to apply charges to real property for the services they perform a those properties during the course of any tax year; and WHEREAS, those charges are transmitted to the Treasurer of the City of Albany and collected by the Treasurer; and WHEREAS, section 258-2 of Chapter 258 of the Code of the City of Albany provides that “any unpaid fees, fines or penalties levied against property, or owner(s) thereof, within the City of Albany that are owed to the City of Albany for the violation of any or all City laws, ordinances and promulgations, and of all state laws, shall be and remain a lien against the property, and such fees, fines or penalties shall be collected by the City from the owner(s) of such property in the same manner as taxes are collected, in that such fees, fines or penalties shall be added to the property tax bill of the subject property”; and WHEREAS, on or about November 15 of each year, the Treasurer creates an accounting of all these charges that remain uncollected from the current and preceding year; and WHEREAS, all of these charges uncollected in the preceding year need to be levied and placed on the annual tax roll of the City of Albany; and WHEREAS, the Treasurer of the City of Albany has filed with the Common Council a statement of unpaid charges for the years 2022 and 2023, totaling $_______________; NOW, THEREFORE, BE IT RESOLVED, that there be delinquent charges levied and assessed against each specific lot or parcel of land as set forth in the statement of unpaid charges for the years 2022 and 2023 by the City of Albany; and BE IT FURTHER RESOLVED, that such individual sums, being hereby levied against said liable properties, amounting in the aggregate to $____________ shall be placed on the 2024 tax roll of the City of Albany and further allocated individually to the liable properties in conjunction with said properties’ 2024 tax bills; and BE IT FURTHER RESOLVED, that the charges totaling $______________ represent the following: Waste Collection Fee Levy Year Amount Total Buildings and Regulatory Compliance Levy Description Amount Total Department of General Services Levy Description Amount Total AND BE IT FURTHER RESOLVED, that the Clerk of the City of Albany is directed to forward a copy of this resolution to the Treasurer of the City of Albany. To: Shaniqua Jackson, Acting City Clerk From: Brett Williams, Senior Assistant Corporation Counsel Re: Common Council Legislation Supporting Memorandum Date: November 22, 2023 Sponsor: Council Member Frederick, on behalf of the Finance Committee RESOLUTION 119.121.23R TITLE A RESOLUTION OF THE COMMON COUNCIL AUTHORIZING THE LEVY UPON PROPERTIES IN THE CITY OF ALBANY FOR UNPAID CHARGES OF THE DEPARTMENT OF FIRE AND EMERGENCY SERVICES, DEPARTMENT OF BUILDINGS AND REGULATORY COMPLIANCE, AND THE DEPARTMENT OF GENERAL SERVICES GENERAL PURPOSE OF LEGISLATION This resolution authorizes the Treasurer’s Office to levy unpaid charges from the various City departments that were billed in 2022 and 2023 on the 2024 tax roll, and to place such unpaid charges on individual 2024 City tax bills. Note that the Treasurer’s Office is still calculating the final amounts, and this resolution will be updated or amended to include the final figures as soon as possible. NECESSITY FOR LEGISLATION AND ANY CHANGE TO EXISTING LAW This resolution is required so that delinquent water and sewer charges can be added to the 2024 tax bills to be sent out in January, which will then enable the City Treasurer to relevy any unpaid delinquent water and sewer charges to Albany County in 2024. FISCAL IMPACT An amount to be determined will be relevied and placed on individual 2024 City property tax bills, which will enable the City to collect a portion of the unpaid charges. Any amount not paid through this procedure will then be turned over to the County, which will make the City whole before pursuing collection of the unpaid fees and taxes. Council Member Frederick, on behalf of the Committee on Finance, Assessment, and Taxation, introduced the following: RESOLUTION 120.121.23R A RESOLUTION OF THE COMMON COUNCIL AUTHORIZING THE LEVY OF 2024 BUSINESS IMPROVEMENT DISTRICT (BID) CHARGES AND AUTHORIZING THE TREASURER TO PLACE SUCH CHARGES ON 2024 CITY TAX BILLS WHEREAS, the Lark Street Area Business Improvement District (BID) was established by the Common Council on November 6, 1995 by Local Law No. 10-1995; and WHEREAS, the Downtown Albany Business Improvement District (BID) was established by the Common Council on November 20, 1995 by Local Law No. 11-1995; and WHEREAS, the Central Business Improvement District (BID) was established by the Common Council on November 17, 1997 by Local Law No. 5-1997; and WHEREAS, the operation of BIDs is governed by the provisions set forth in Article 19- A of the General Municipal Law, section 980-j of which requires that the expense incurred in the operation of such districts shall be financed in accordance with the district plan upon which the establishment of the district was based, and that the district charge upon benefited real property shall be imposed as provided in the district plan; and that the charge shall be determined, levied, and collected in the same manner and at the same time and by the same officers as the general municipal taxes are levied and collected; and WHEREAS, the proposed 2024 Lark Street BID budget includes $__________ in anticipated revenue to be generated by the BID charge; and WHEREAS, the proposed 2024 Downtown BID budget, includes $__________ in anticipated revenue to be generated by the BID charge; and WHEREAS, the proposed 2024 Central BID budget, includes $__________ in anticipated revenue to be generated by the BID charge; and NOW, THEREFORE, BE IT RESOLVED, that the combined amount of the three BID budgets, totaling $____________, shall constitute a levy of the amount to be raised by the BID charge, and a warrant to the Clerk/Treasurer to spread and extend such levy upon the properties in each BID in accordance with the BID plans, and to collect the same; and BE IT FURTHER RESOLVED, that such individual sums, being hereby levied against said liable properties, amounting in the aggregate to $____________ shall be placed on the 2024 tax roll of the City of Albany and further allocated individually to the liable properties in conjunction with said properties’ 2024 tax bills; and BE IT FURTHER RESOLVED, that the charges totaling $____________ represent the following: Lark Street Area Business Improvement District $__________ Downtown Albany Business Improvement District $__________ Central Business Improvement District $__________ RESOLVED, that the Clerk of the City of Albany is directed to forward a certified copy of this resolution to the Treasurer of the City of Albany. To: Shaniqua Jackson, Acting City Clerk From: Brett Williams, Senior Assistant Corporation Counsel Re: Common Council Legislation Supporting Memorandum Date: November 22, 2023 Sponsor: Council Member Frederick, on behalf of the Finance Committee RESOLUTION 120.121.23R TITLE A RESOLUTION OF THE COMMON COUNCIL AUTHORIZING THE LEVY OF 2024 BUSINESS IMPROVEMENT DISTRICT (BID) CHARGES AND AUTHORIZING THE TREASURER TO PLACE SUCH CHARGES ON 2024 CITY TAX BILLS GENERAL PURPOSE OF LEGISLATION This yearly resolution authorizes the Treasurer to levy the 2024 charges from the various City of Albany Business Improvement Districts on the 2024 tax roll and to place such charges on 2024 City tax bills. Note that the Treasurer’s Office is still calculating the final amounts, and this resolution will be updated or amended to include the final figures as soon as possible. NECESSITY FOR LEGISLATION AND ANY CHANGE TO EXISTING LAW Adoption is necessary so that the BID charges can be added to the 2024 tax bills in January. Common Council authorization of these charges as taxes will then enable the City Treasurer to relevy any unpaid charges to Albany County in 2024. FISCAL IMPACT Total BID charges, in an amount to be determined, will be levied and collected. COMMON COUNCIL OF THE CITY OF ALBANY ACTIVE LEGISLATION PREVIOUSLY INTRODUCED LEGISLATION NOW UNDER CONSIDERATION DECEMBER 4, 2023 LOCAL LAW J OF 2023 A LOCAL LAW AMENDING ARTICLE XLIV (GENERAL PROVISIONS) OF PART 33 (COMMUNITY POLICE REVIEW BOARD) OF CHAPTER 42 (DEPARTMENTS AND COMMISSIONS) OF THE CODE OF THE CITY OF ALBANY IN RELATIONS TO TERMS OF APPOINTMENT TO THE COMMUNITY POLICE REVIEW BOARD ORDINANCES 75.112.23 AN ORDINANCE AMENDING CHAPTER 359 (VEHICLES AND TRAFFIC) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO CREATING A SCHOOL BUS STOP ARM CAMERA DEMONSTRATION PROGRAM Council Member Hoey introduced the following LOCAL LAW J OF 2023 A LOCAL LAW AMENDING ARTICLE XLIV (GENERAL PROVISIONS) OF PART 33 (COMMUNITY POLICE REVIEW BOARD) OF CHAPTER 42 (DEPARTMENTS AND COMMISSIONS) OF THE CODE OF THE CITY OF ALBANY IN RELATIONS TO TERMS OF APPOINTMENT TO THE COMMUNITY POLICE REVIEW BOARD Be it enacted by the Common Council of the City of Albany as follows: Section 1. Subsection C of Section 42-334 (CPRB establishment; appointment of members; funding) of Part I (Administrative Legislation) the Code of the City of Albany in relation to establishing a curbside waste collection fee, is amended to read as follows: C. No member of the CPRB shall serve for a period which exceeds two full consecutive terms; provided, however, that a member may be considered for reappointment to the CPRB after one year of nonmembership; and, provided further, that an appointment to fill a vacancy in an unexpired term shall not apply to the limitations in terms of service otherwise applicable under this subsection.. Section 2. This local law shall take effect upon final passage, public hearing and filing with the Secretary of State. APPROVED AS TO FORM THIS 5TH DAY OF OCTOBER, 2023 _________________________________ Corporation Counsel Material in strikethrough to be deleted. New material is underlined. To: Shaniqua Jackson, Acting City Clerk From: Jake Eisland, Research Counsel Re: Common Council Legislation Supporting Memorandum Date: October 5, 2023 Sponsor: Council Member Hoey LOCAL LAW J OF 2023 TITLE A LOCAL LAW AMENDING ARTICLE XLIV (GENERAL PROVISIONS) OF PART 33 (COMMUNITY POLICE REVIEW BOARD) OF CHAPTER 42 (DEPARTMENTS AND COMMISSIONS) OF THE CODE OF THE CITY OF ALBANY IN RELATIONS TO TERMS OF APPOINTMENT TO THE COMMUNITY POLICE REVIEW BOARD GENERAL PURPOSE OF LEGISLATION To clarify the length of time in which a member may serve on the Community Police Review Board. NECESSITY FOR LEGISLATION AND ANY CHANGE TO EXISTING LAW Current provisions limit service on the Community Police Review Board to two consecutive three- year terms or a total of six-years. This makes no provision for appointment to fill an unexpired vacant term and can throw off the staggering in term expirations that was otherwise intended under current provisions of the law. FISCAL IMPACT None. Matter in strikethrough to be deleted. Matter underlined is new material. Council Member Kimbrough introduced the following: ORDINANCE 75.112.23 AN ORDINANCE AMENDING CHAPTER 359 (VEHICLES AND TRAFFIC) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO CREATING A SCHOOL BUS STOP ARM CAMERA DEMONSTRATION PROGRAM The City of Albany, in Common Council convened, does hereby ordain and enact: Section 1. Chapter 359 (Vehicles and Traffic) of Part II (General Legislation) of the Code of the City of Albany is hereby amended by adding a new Article XV (School Bus Stop Arm Cameras which shall read as follows: Article XV School Bus Stop Arm Cameras § 359-139 Definitions. CITY The City of Albany SCHOOL BUS PHOTO VIOLATION MONITORING SYSTEM A device that is capable of operating independently of an enforcement officer which is installed to work in conjunction with a school bus stop-arm and which automatically produces two or more photographs, two or more microphotographs, a videotape or other recorded images of a vehicle at the time it is used or operated in violation of section 1174 (a) of the Vehicle and Traffic Law. SCHOOL DISTRICT The Albany City School District § 359-140 Program Established A. There is hereby established, pursuant to § 1174-a of the Vehicle and Traffic Law, a demonstration program imposing monetary liability on owners of vehicles for failure of the operators thereof to comply with § 1174 of the Vehicle and Traffic Law when meeting a school bus marked and equipped as provided in subdivisions 20 and 21-c of § 375 of the Vehicle and Traffic Law in the City of Albany. B. To carry out the demonstration program, the City is authorized to enter into an agreement with the School District and any entity with whom the School District contracts for provision of busing services for the installation, maintenance, and use of school bus photo violation monitoring systems, as well as proper handling and custody of data received by the school bus cameras, subject to the provisions of section 1174-a of the Vehicle and Traffic Law. Once the School District and, if necessary, any contractor providing busing services to the School District have entered into such an agreement with the City, cameras Matter in strikethrough to be deleted. Matter underlined is new material. shall be installed on school buses owned or operated by the School District or privately owned and operated for compensation under a contract with the School District. § 359-141 Cost of program and reports relating thereto. A. The total cost to the School District and/or its contractor(s) of the installation, maintenance, and use of school bus photo violation monitoring systems installed and operated pursuant to an agreement authorized by this Article shall be borne entirely by the City. B. The School District shall provide any information necessary or desirable to the City in order to meet its reporting requirements under § 1174-a of the Vehicle and Traffic Law. C. Pursuant to section 1174-a (a)(3)(i) of the Vehicle and Traffic Law, the School District and its contractor(s) shall be prohibited from accessing any photographs, microphotographs, videotapes, other recorded images and data from school bus photo violation monitoring systems but shall provide, pursuant to the agreement with the City, as provided in this article, for the proper handling and custody of such photographs, microphotographs, videotapes, other recorded images and data produced by such systems, and for the forwarding of such photographs, microphotographs, videotapes, other recorded images and data to the City for the purpose of determining whether a motor vehicle was operated in violation of section 1174 (a) of the Vehicle and Traffic Law and imposing monetary liability on the owner of such motor vehicle therefor. D. Photographs, microphotographs, videotapes, other recorded images and data produced by school bus photo violation monitoring systems shall be destroyed: (1) Ninety days after the date of an imposition of liability, if a notice of liability is not issued for such imposition of liability pursuant to this Article; or (2) Upon final disposition of a notice of liability issued pursuant to this chapter. E. The City shall adopt and enforce measures to protect the privacy of drivers, passengers, pedestrians and cyclists whose identity and identifying information may be captured by a school bus photo monitoring device. Such measures shall include: (1) Utilization of necessary technologies to ensure, to the extent practicable, that photographs produced by such school photo violation monitoring systems shall not include images that identify the driver, the passengers, the contents of the vehicle, pedestrians and cyclists; provided, however, that no notice of liability issued pursuant to this section shall be dismissed solely because a photograph or photographs allow for the identification of the contents of a vehicle, provided that the City has made a reasonable effort to comply with the provisions of this subsection; Matter in strikethrough to be deleted. Matter underlined is new material. (2) A prohibition of the use or dissemination of vehicles’ license plate information and other information and images captured by school bus photo violation monitoring systems except: (a) As required to establish liability under this section or collect payment of penalties; (b) As required by court order; or (c) As otherwise required by law; (3) Oversight procedures to ensure compliance with the privacy protection measures required herein. F. The City shall undertake the installation of signage in conformance with standards established in the Manual of Uniform Traffic Control Devices, to be installed at each roadway entrance of the jurisdictional boundaries of the City giving notice that school bus photo violation monitoring systems are used to enforce restrictions on vehicles violating § 1174 of the Vehicle and Traffic Law. For the purposes of this subsection, the term “roadway” shall not include state expressway routes or state interstate routes but shall include controlled-access highway exit ramps that enter the boundaries of the City. § 359-142 Penalties for Offenses A. An owner found liable for a violation of subdivision (a) of § 1174 of the Vehicle and Traffic Law pursuant to this Article shall be liable for monetary penalties in accordance with the following schedule: (1) $250 for a first violation; (2) $275 for a second violation committed within 18 months of the first violation; (3) $300 for a third violation or subsequent violation, all of which were committed within 18 months from the first violation; and (4) An additional penalty of $25 for each violation for the failure to respond to a notice of liability within the prescribed time period. B. An imposition of liability under this chapter shall not be deemed a conviction and shall not be made part of the operating record of the person upon whom such liability is imposed, nor shall it be used for insurance purposes in the provision of motor vehicle insurance coverage. § 359-143 Notice of Liability Matter in strikethrough to be deleted. Matter underlined is new material. A. A notice of liability shall be sent as provided by state law by first-class mail to each person alleged to be liable as an owner for a violation of section 1174 (a) of the Vehicle and Traffic Law. Personal delivery on the owner shall not be required. A manual or automatic record of mailing prepared in the ordinary course of business shall be prima facie evidence of the facts contained therein. The notice of liability shall be prepared and mailed by the City, or by any other entity authorized by the City. B. A notice of liability shall contain the name and address of the person alleged to be liable as an owner for a violation of section 1174 (a) of the Vehicle and Traffic Law, the registration number of the vehicle involved in such violation, the location where such violation took place, the date and time of such violation and the identification number of the camera which recorded the violation or other document locator number. C. A notice of liability shall contain information advising the person charged of the manner and the time in which he or she may contest the liability alleged in the notice. Such notice of liability shall also contain a warning to advise the persons charged that failure to contest in the manner and time provided may be deemed an admission of liability and that a default judgment may be entered thereon. D. A notice of liability may contain such other information as the entity causing such notice of liability to be mailed deems appropriate to communicate the law, and the adjudicatory process if the addressee of the notice wishes to contest the notice of liability. § 359-144 Owner Liability A. The owner of a vehicle shall be liable for a penalty imposed pursuant to this Article if such vehicle was used or operated with the permission of the owner, express or implied, in violation of subdivision (a) of § 1174 of the Vehicle and Traffic Law and such violation is evidenced by information obtained from a school bus photo violation monitoring system; provided, however, that no owner of a vehicle shall be liable for a penalty imposed pursuant to this Article where the operator of such vehicle has been convicted of the underlying violation of section 1174 (a) of the Vehicle and Traffic Law. For the purposes of this Article, there shall be a presumption that such vehicle was used and operated with the consent of the owner at the time it was used and operated in violation of section 1174 (a) of the Vehicle and Traffic Law. B. If the owner receives a notice of liability pursuant to this Article for any time period during which the vehicle was reported to the police as having been stolen, and before such vehicle has been recovered it shall be a valid defense to an allegation of liability under this Article. For purposes of asserting the defense provided by this subsection, it shall be sufficient that a certified copy of the police report on the stolen vehicle be sent or delivered to the parking violations bureau having jurisdiction where any contested notice of liability would otherwise be determined. C. An owner who is a lessor of a vehicle to which a notice of liability was issued pursuant to this Article shall not be liable for the violation of section 1174 (a) of the Vehicle and Traffic Matter in strikethrough to be deleted. Matter underlined is new material. Law, provided that he or she complies with the provisions of section 1174-a of the Vehicle and Traffic Law and otherwise sends to the Parking Violations Bureau, a copy of the rental, lease or other such contract document covering such vehicle on the date of the violation, with the name and address of the lessee clearly legible, within 37 days after receiving notice from the agency or entity which caused such notice of liability to be issued, together with the information contained in the original notice of liability. Failure to send such information within the thirty-seven-day time period shall render the owner liable for the penalty prescribed by this Article. Where the lessor complies with the provisions of this subsection, the lessee of such vehicle for purposes of this section shall be deemed to be the owner of such vehicle on the date of such violation for the purposes of this section, shall be subject to liability for the violation of section 1174 (a) of the Vehicle and Traffic Law, and shall be sent a notice of liability pursuant to this Article. D. A certificate, sworn to or affirmed by a technician employed by the City, or a facsimile thereof, upon inspection of photographs, microphotographs, videotapes, and other recorded images produced by a school bus photo violation monitoring system, shall be prima facie evidence of the facts contained therein. Any photographs, microphotographs, videotapes, and other recorded images evidencing such a violation shall be available for inspection in any proceeding to adjudicate the liability for such violation. E. It shall be a defense to any prosecution for or allegation of a violation of section 1174 (a) of the Vehicle and Traffic Law pursuant to this Article that such school bus stop-arms were malfunctioning at the time of the alleged violation. § 359-145 Adjudication of Liability Liability pursuant to the demonstration program established hereunder shall be imposed upon owners by the Parking Violations Bureau of the City of Albany or in another manner pursuant to the Vehicle and Traffic Law. § 359-146 Action for Indemnification If the owner held liable for a violation of section 1174 (a) of the Vehicle and Traffic Law pursuant to this Article was not the operator of the vehicle at the time of the violation, the owner may maintain an action for indemnification against the operator. § 359-147 Reporting Requirements A. The City shall develop and cause to be submitted an annual report on the results of the use of a school bus photo violation monitoring system to the Governor, the temporary president of the Senate and the speaker of the Assembly on or before June 1 of each year in which the demonstration program is operable. Such report shall include any information required by section 1174-a (m) of the Vehicle and Traffic Law. B. Pursuant to the requirements of section 1174-a of the Vehicle and Traffic Law, the Parking Violations Bureau shall report at least annually to the City on the quality of the adjudication process and its results, including the total number of hearings scheduled, rescheduled, and Matter in strikethrough to be deleted. Matter underlined is new material. held; the total number of persons scheduled for such hearings; the total number of cases where fines were paid on or before the hearing date; and the total number of default judgments entered. Section 2. This ordinance shall take effect 90 days after enactment. APPROVED AS TO FORM THIS 9TH DAY OF NOVEMBER, 2023 _____________________________ Corporation Counsel Matter in strikethrough to be deleted. Matter underlined is new material. To: Shaniqua Jackson, Acting City Clerk From: Jake Eisland, Esq., Research Counsel Re: Common Council Legislation Supporting Memorandum Date: October 18, 2023 Sponsor: Council Member Kimbrough ORDINANCE 75.112.23 TITLE AN ORDINANCE AMENDING CHAPTER 359 (VEHICLES AND TRAFFIC) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO CREATING A SCHOOL BUS STOP ARM DEMONSTRATION PROGRAM GENERAL PURPOSE OF LEGISLATION The state Vehicle and Traffic Law allows municipalities to adopt, by ordinance, local legislation to provide for the installation of cameras on school bus stop sign arms. Video and photographic evidence from these cameras can then be used to find drivers liable for violations of section 1174 (a) of the Vehicle and Traffic Law, which prohibits passing school buses with their stop signs deployed. This legislation allows the City to enter into an agreement with the Albany City School District (and the contractors who provide busing services to the District) to install such cameras. It also establishes the procedures for adjudicating violations alleged on the basis of the evidence generated by the stop sign cameras. Note that, pursuant to the enabling legislation, any agreement entered into with the School District under this legislation will need to be approved by majority vote of the Common Council and the District itself. NECESSITY FOR LEGISLATION AND ANY CHANGE TO EXISTING LAW Implementing school bus arm cameras in the City of Albany would benefit the community by enhancing the safety of our children during their daily commute to and from school. These cameras would act as a deterrent to reckless drivers who illegally pass stopped school buses, reducing the risk of accidents and potential harm to students. Additionally, the presence of these cameras would encourage a culture of responsible driving, promoting overall road safety in the City. FISCAL IMPACT To be determined; however, the City will bear the entire cost of the program, including installation, maintenance, and operation of the camera systems. AGENDA FOR THE REGULAR MEETING OF THE ALBANY COMMON COUNCIL Monday, December 4, 2023 The Common Council meets the first and third Monday of each month at 7:00 p.m. (note: when Monday falls on a legal holiday or day of special observance, the Council meeting is ordinarily moved to the following Thursday). This meeting will be held in the Common Council Chambers in City Hall and live streamed on Facebook. If we experience any technical difficulties on Facebook, the video will be streamed to YouTube. For more information on how to be heard please visit our website. If you wish to speak during the meeting or provide written comments, they must be received by 12noon on the day of the meeting. All comments are memorialized on our Facebook page, website, and are subject to FOIL. ORDER OF BUSINESS: Roll Call Welcome Pledge of Allegiance Moment of Silence Public Hearings Public Comment Period (30 Minutes) Approval of Minutes from Previous Meetings Consideration of Local Laws Communications from the Mayor, Department Heads and other City Officials Consideration of Vetoes Presentation of Petitions and Communications Reports of Standing Committees Reports of Ad Hoc Committees Consideration of Ordinances Consideration of Resolutions Additional Public Comment (30 Minutes) Miscellaneous or Unfinished Business Adjournment Page 1 of 7 Local Laws Held 1 Johnson C of 2022 A LOCAL LAW AMENDING CHAPTER 42 (DEPARTMENTS AND COMMISSIONS) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO CREATING A PUBLIC SAFETY COMMISSION *Referred to Public Safety* 2 Planning G of 2022 A LOCAL LAW AMENDING PART 4 (HISTORIC RESOURCES COMMISSION), PART 13 (PLANNING BOARD OF CITY OF ALBANY), AND PART 35 (BOARD OF ZONING APPEALS) OF CHAPTER 42 (DEPARTMENTS AND COMMISSIONS) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO REDUCING THE SIZE OF THE HISTORIC RESOURCES COMMISSION AND AUTHORIZING THE APPOINTMENT OF ALTERNATE MEMBERS TO THE HISTORIC RESOURCES COMMISSION, CITY PLANNING BOARD, AND BOARD OF ZONING APPEALS *Referred to Planning, Economic Development & Land Use* 3 Romero I of 2022 A LOCAL LAW CREATING A COMMUNITY COMMISSION TO STUDY THE ENACTMENT OF REPARATIONS REMEDIES RELATED TO THE SALE OF CANNABIS IN THE CITY OF ALBANY *Referred to Joint Finance and Human Rights Committee* 4 Romero J of 2022 A LOCAL LAW AMENDING ARTICLE VIIB (ALBANY POLICE DEPARMENT INTERACTIONS) OF PART 1 (DEPARTMENT OF POLICE) OF CHAPTER 42 (DEPARTMENTS AND COMMISSION) OF THE CODE OF THE CITY OF ALBANY IN REALTION TO PROHIBITING THE ALBANY POLICE DEPARMENT FROM PURCHASING, STOCKPILING, AND USING KINETIC ENERGY MUNITIONS *Referred to Public Safety* 5 Romero K of 2022 A LOCAL LAW AMENDING ARTICLE VIIB (ALBANY POLICE DEPARMENT INTERACTIONS) OF PART 1 (DEPARTMENT OF POLICE) OF CHAPTER 42 (DEPARTMENTS AND COMMISSION) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO PROHIBITING THE ALBANY POLICE DEPARMENT FROM PURCHASING, STOCKPILING, AND USING CHEMICAL WEAPONS *Referred to Public Safety* 6 Kimbrough L of 2022 A LOCAL LAW AMENDING ARTICLE VIIB (ALBANY POLICE DEPARTMENT INTERACTIONS) OF PART 1 (DEPARTMENT OF POLICE) OF CHAPTER 42 (DEPARTMENTS AND COMMISSIONS) OF THE CODE OF THE CITY OF ALBANY WITH REGARD TO THE USE OF CHEMICAL WEAPONS AND KINETIC ENERGY MUNITIONS ON CIVILIAN POPULATIONS *Referred to Public Safety* 7 Zamer M of 2022 A LOCAL LAW AMENDING CHAPTER 359 (VEHICLES AND TRAFFIC) REDUCING THE SPEED LIMIT OF THE CITY OF ALBANY FROM 30 TO 25 MILES PER HOUR *Referred to Public Safety* 8 Adams F of 2023 A LOCAL LAW AMENDING PART 4 (RESIDENTIAL OCCUPANCY PERMIT AND RENTAL DWELLING REGISTRY) OF CHAPTER 231 (HOUSING) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO REQUIRING SUCH PERMITS FOR SHORT-TERM RENTAL DWELLING UNITS *Referred to Law, Buildings & Code Enforcement* Page 2 of 7 9 Hoey J of 2023 A LOCAL LAW AMENDING ARTICLE XLIV (GENERAL PROVISIONS) OF PART 33 (COMMUNITY POLICE REVIEW BOARD) OF CHAPTER 42 (DEPARTMENTS AND COMMISSIONS) OF THE CODE OF THE CITY OF ALBANY IN RELATIONS TO TERMS OF APPOINTMENT TO THE COMMUNITY POLICE REVIEW BOARD *Referred to Public Safety* 10 Hoey K of 2023 A LOCAL LAW AMENDING CHAPTER 371 (WATER AND WATERWAYS) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO ADDING FLUORIDE COMPOUNDS TO THE WATER SUPPLY *Passed the General Services, Health & Environment Committee* 11 Anane L of 2023 A LOCAL LAW AMENDING PART II (GENERAL LEGISLATION) OF THE CODE OF THE CITY OF ALBANY BY ENACTING A NEW CHAPTER 337 TO BE ENTITLED “TOBACCO RETAIL LICENSE” *Referred to Law, Buildings & Code Enforcement* Page 3 of 7 Ordinances Held 1 Farrell 16.72.22 AN ORDINANCE AMENDING ARTICLE I (BICYCLES AND ALL MOTOR VEHICLES) OF CHAPTER 359 (VEHICLES AND TRAFFIC) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO THE REGULATION OF SKATEBOARDING ON SIDEWALKS *Referred to Law, Buildings & Code Enforcement* 2 Love 19.91.22 AN ORDINANCE AMENDING PART 21 (COMMON COUNCIL) OF CHAPTER 42 (DEPARTMENTS AND COMMISSIONS) OF THE CODE OF THE CITY OF ALBANY ENACTING A SUMMER RECESS IN LEGISLATIVE SESSIONS *Referred to Council Operations & Ethics* 3 Anane 49.121.22 AN ORDINANCE AMENDING PART 3 (DEPARTMENT OF PUBLIC SAFETY) OF CHAPTER 42 (DEPARTMENTS AND COMMISSIONS) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO POLICE DEPARTMENT REPORTING REQUIREMENTS *Referred to Public Safety* 4 Romero 15.41.23 AN ORDINANCE AMENDING ARTICLE V (COMPLETE STREETS) OF CHAPTER 323 (STREETS AND SIDEWALKS) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO PEDESTRIAN SIGNALIZATION AND PEDESTRIAN INTERVALS *Referred to Law, Buildings & Code Enforcement* 5 Farrell 16.42.23 AN ORDINANCE AMENDING ARTICLE V (UNNECESSARY AND UNUSUAL NOISES) OF CHAPTER 255 (PEACE AND GOOD ORDER) OF THE CODE OF THE CITY OF ALBANY *Referred to Law, Buildings & Code Enforcement* 6 Kimbrough 26.61.23 AN ORDINANCE AMENDING CHAPTER 48 (EQUAL OPPORTUNITY PROTECTIONS) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO EXPANDING THE SCOPE OF MINORITY AND WOMEN- OWNED AND CONTROLLED BUSINESSES *Referred to Human Resources & Human Rights* 7 Keegan 28.62.23 AN ORDINANCE AMENDING CHAPTER 313 (SOLID WASTE) OF THE CODE OF THE CITY OF ALBANY BY ADDING A PERMITTING SYSTEM FOR COMMERCIAL HAULERS OF SOLID WASTE *Referred to General Services, Health & Environment* 8 Balarin 32.81.23 AN ORDINANCE AMENDING SECTION 375-405 (PARKING AND LOADING) OF CHAPTER 375 (UNIFIED SUSTAINABLE DEVELOPMENT ORDINANCE) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO REQUIRING OFF-SITE PARKING FOR THE DURATION OF A PROJECT *Referred to Planning, Economic Development & Land Use* 9 Adams 33.82.23 AN ORDINANCE AUTHORIZING THE SALE OF CITY-OWNED PARCELS AT 34 IRVING STREET (TAX MAP PARCEL NUMBER 76.40-2-10), 38 IRVING STREET (TAX MAP PARCEL NUMBER 76.40-2-9), AND 181 MYRTLE AVENUE (TAX MAP PARCEL NUMBER 76.40-2-37) TO CAPITAL ROOTS, INC. *Referred to Finance, Assessment and Taxation* Page 4 of 7 10 Flynn 34.92.23 AN ORDINANCE AMENDING PART I (ADMINISTRATIVE LEGISLATION) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO PROVIDING DEFRIBRILLATORS IN MUNICIPAL WORKPLACES *Referred to Law, Buildings & Code Enforcement* 11 Adams 35.92.23 AN ORDINANCE AMENDING ARTICLE XIII (PARKING METERS) OF CHAPTER 359 (VEHICLES AND TRAFFIC) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO RENAMING COLUMBUS DAY TO INDIGINOUS PEOPLES DAY *Referred to Law, Buildings & Code Enforcement* 12 Romero 38.101.23 AN ORDINANCE AMENDING ARTICLE XII (VEHICLE AND TRAFFIC CONTROLS) OF CHAPTER 359 (VEHICLES AND TRAFFIC) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO PEDESTRIAN SAFETY INFRASTRUCTURE *Referred to Law, Buildings & Code Enforcement* 13 Frederick 39.102.23 AN ORDINANCE AUTHORIZING CERTAIN PURCHASES BY THE CITY OF ALBANY, NEW YORK AT A MAXIMUM ESTIMATED COST OF $9,825,000 AND AUTHORIZING THE LEASE FINANCING OR THE ISSUANCE OF $5,000,000 SERIAL BONDS OF SAID CITY TO PAY THE COST THEREOF (DGS – STREET RECONSTRUCTION) *Referred to Finance, Assessment and Taxation* 14 Frederick 40.102.23 AN ORDINANCE AUTHORIZING CERTAIN PURCHASES BY THE CITY OF ALBANY, NEW YORK AT A MAXIMUM ESTIMATED COST OF $1,000,000 AND AUTHORIZING THE LEASE FINANCING OR THE ISSUANCE OF $1,000,000 SERIAL BONDS OF SAID CITY TO PAY THE COST THEREOF (DGS – ADA COMPLIANCE) *Referred to Finance, Assessment and Taxation* 15 Frederick 41.102.23 AN ORDINANCE AUTHORIZING CERTAIN PURCHASES BY THE CITY OF ALBANY, NEW YORK AT A MAXIMUM ESTIMATED COST OF $600,000 AND AUTHORIZING THE LEASE FINANCING OR THE ISSUANCE OF $600,000 SERIAL BONDS OF SAID CITY TO PAY THE COST THEREOF (DGS – SIDEWALK RECONSTRUCTION) *Referred to Finance, Assessment and Taxation* 16 Frederick 69.102.23 AN ORDINANCE AUTHORIZING CERTAIN PURCHASES BY THE CITY OF ALBANY, NEW YORK AT A MAXIMUM ESTIMATED COST OF $588,000 AND AUTHORIZING THE LEASE FINANCING OR THE ISSUANCE OF $325,000 SERIAL BONDS OF SAID CITY TO PAY THE COST THEREOF (RECREATION – PLAYGROUNDS) *Referred to Finance, Assessment and Taxation* 17 Anane 74.111.23 AN ORDINANCE CREATING THE “COMMISSION ON THE MUNICIPAL FLAG” AND PROVIDING FOR THE RESPONSIBILITIES OF THE COMMISSION WITH RESPECT TO CREATING A CONTEST TO DETERMINE A NEW FLAG FOR THE CITY OF ALBANY *Referred to Law, Buildings & Code Enforcement* Page 5 of 7 18 Kimbrough 75.112.23 AN ORDINANCE AMENDING CHAPTER 359 (VEHICLES AND TRAFFIC) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO CREATING A SCHOOL BUS STOP ARM CAMERA DEMONSTRATION PROGRAM *Referred to Public Safety* Page 6 of 7 Resolutions Introduced 1 Frederick 118.121.23R A RESOLUTION OF THE COMMON COUNCIL AUTHORIZING THE LEVY UPON PROPERTIES IN THE CITY OF ALBANY FOR UNPAID WATER AND SEWER CHARGES 2 Frederick 119.121.23R A RESOLUTION OF THE COMMON COUNCIL AUTHORIZING THE LEVY UPON PROPERTIES IN THE CITY OF ALBANY FOR UNPAID CHARGES OF THE DEPARTMENT OF FIRE AND EMERGENCY SERVICES, DEPARTMENT OF BUILDINGS AND REGULATORY COMPLIANCE, AND THE DEPARTMENT OF GENERAL SERVICES 3 Frederick 120.121.23R A RESOLUTION OF THE COMMON COUNCIL AUTHORIZING THE LEVY OF 2024 BUSINESS IMPROVEMENT DISTRICT (BID) CHARGES AND AUTHORIZING THE TREASURER TO PLACE SUCH CHARGES ON 2024 CITY TAX BILLS Resolutions Held 1 Hoey 13.21.22R A RESOLUTION OF THE COMMON COUNCIL REQUESTING THE ALBANY WATER BOARD TO FLOURINATE THE WATER OF THE CITY OF ALBANY *Referred to General Services, Health & Environment* 2 Hoey 14.21.22R A RESOLUTION OF THE COMMON COUNCIL EXPRESSING ITS DESIRE TO CREATE A BIKE/WALKING TRAIL ALONG THE NEW YORK STATE THRUWAY *Referred to Parks, Recreation & Family Services* 3 Clarke 9.21.23R A RESOLUTION OF THE COMMON COUNCIL HONORING THE LIFE OF BEVERLY BARDEQUEZ AND RENAMING A PORTION OF RAPP ROAD IN HER HONOR *Passed the General Services, Health & Environment Committee* 4 Adams 95.92.23R A RESOLUTION OF THE COMMON COUNCIL DECLARING THE SECOND MONDAY IN OCTOBER OF EACH YEAR AS INDIGENOUS PEOPLES' DAY IN ALBANY *Referred to Law, Buildings & Code Enforcement* 5 Anane 113.112.23R A RESOLUTION OF THE COMMON COUNCIL SUPPORTING REDEVELOPMENT OF I-787 AND THE HUDSON RIVERFRONT TO INCREASE THE EFFICIENT USE OF SPACE, ECONOMIC DEVELOPMENT, RIVER ACCESS, ENVIRONMENTAL CONSERVATION, AND AESTHETIC BEAUTY WHILE MAINTAINING REASONABLE TRAFFIC FEATURES THAT INCREASE PEDESTRIAN, BIKER AND MOTORIST SAFETY IN THE AREA *Referred to Planning, Economic Development & Land Use* Page 7 of 7