1. Meeting Agenda 1.I. December 16, 2024 | Agenda/Active Calendar Documents: 24 AGENDA-ACTIVE CALENDAR 1216.PDF 2. Supporting Legislation Legislation that is being introduced for the first time 2.I. December 16, 2024 | Supporting Legislation And Attachments Documents: DECEMBER 16, 2024.PDF RESOLUTION 137.122.24R (JOHNSON) - ATTACHMENT - DRAFT - SOUTH MALL TOWERS PILOT 12.5.24.PDF RESOLUTION 138.122.24R (ROMERO) - ATTACHMENT - SEQRA LONG FORM PART 1 - PLAYGROUND.PDF RESOLUTION 138.122.24R (ROMERO) - ATTACHMENT - SEQRA LONG FORM PART 2 - PLAYGROUND.PDF RESOLUTION 138.122.24R (ROMERO) - ATTACHMENT - SEQRA LONG FORM PART 3 - PLAYGROUND.PDF 3. Active Legislation Legislation that was previously introduced and is now being considered by the body 3.I. December 16, 2024 | Active Legislation Documents: 241216 ACTIVE LEGISLATION.PDF 4. Majority Consent (MC) 5. Supporting Document 6. Minutes 7. Written Comment 8. Active Calendar AGENDA FOR THE REGULAR MEETING OF THE ALBANY COMMON COUNCIL Monday, December 16, 2024 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 (Revised 12/6/2024) Page 1 of 18 NOTICE OF PUBLIC HEARING Notice is hereby given that a Common Council Public Hearing will be held on December 16, 2024 at 7:00PM and will be held in advance of the potential passage of the following ordinance. This meeting will be an in-person meeting in the Common Council Chambers, City Hall and will be held on the following matters: ORDINANCE 66.111.24 , Sponsored by Council Member Johnson AN ORDINANCE AMENDING CHAPTER 375 (UNIFIED SUSTAINABLE DEVELOPMENT ORDINANCE) OF THE CODE OF THE CITY OF ALBANY BY CHANGING THE ZONING CLASSIFICATION OF PARCEL KNOWN AS 31 TRINITY PLACE FROM RESIDENTIAL TOWNHOUSE (R-T) TO MIXED-USE NEIGHBORHOOD EDGE (MU-NE) AND AMENDING THE ZONING MAP ACCORDINGLY Documents may be inspected between the hours of 8:30 AM and 5:00 PM, Monday through Friday, in the office of the Common Council, 24 Eagle St., Rm. 206, Albany, NY 12207. Efforts will also be made to make documents available for viewing online at: https://www.albanyny.gov/2187/Albany-Common-Council. This public hearing is being held pursuant to guidelines established in the Open Meetings Law and anyone wishing to be heard can submit written comments (commoncouncil@albanyny.gov) or provide in-person testimony on the ordinance before the Common Council for consideration. The Public Hearing will be livestreamed to our YouTube© page: https://www.youtube.com/@albanycommoncouncil5666 We encourage all interested parties to submit written comments by December 16, 2024. Anyone wishing to be heard will have an opportunity to be heard at the above stated time and location. (Revised 12/6/2024) Page 2 of 18 Albany Common Council Active Calendar Monday, December 16, 2024 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. Legislation Prime Sponsor Subject Local Laws Held Farrell A LOCAL LAW CREATING A NEW CHAPTER 50 (ETHICS) OF F of 2024 THE CODE OF THE CITY OF ALBANY BY ESTABLISHING A CODE OF ETHICS FOR THE CITY OF ALBANY AND A *Pending Amendment* BOARD OF ETHICS Pending Discussion at the Council Operations & Ethics Committee Meeting on Tuesday, December 10, 2024 Resolutions Introduced Johnson A RESOLUTION OF THE COMMON COUNCIL AUTHORIZING 137.122.24R THE EXECUTION OF A PAYMENT IN LIEU OF TAXES (“PILOT”) AGREEMENT BY AND BETWEEN THE CITY OF ALBANY, AND CAPITOL HOUSING DEVELOPMENT FUND COMPANY, INC. AND SOUTH MALL TOWERS, LLC Resolutions Introduced Anane A RESOLUTION OF THE COMMON COUNCIL DECLARING 139.122.24R ITS INTENT TO ACT AS LEAD AGENCY FOR THE STATE ENVIRONMENTAL QUALITY REVIEW OF ORDINANCE 68.121.24 AND DECLARING IT A TYPE I ACTION Resolutions Introduced Adams A RESOLUTION OF THE ALBANY COMMON COUNCIL 140.122.24R CELEBRATING THE UALBANY MEN’S BASKETBALL TEAM RETAINING THE ALBANY CUP (Revised 12/6/2024) Page 3 of 18 Local Laws Held 1 Johnson Local Law 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 | Discussed: 6/9/2022* 2 Balarin 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 & Land Use | Discussed: 12/21/2022* 3 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 *Referred to Joint Finance and Human Rights Committee | Discussed: 5/13/2024* 4 Romero Local Law J of 2022 A LOCAL LAW AMENDING ARTICLE VIIB (ALBANY POLICE DEPARTMENT 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 DEPARTMENT FROM PURCHASING, STOCKPILING, AND USING KINETIC ENERGY MUNITIONS *Referred to Public Safety | Discussed: 9/28/2022* 5 Romero Local Law K of 2022 A LOCAL LAW AMENDING ARTICLE VIIB (ALBANY POLICE DEPARTMENT 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 DEPARTMENT FROM PURCHASING, STOCKPILING, AND USING CHEMICAL WEAPONS *Referred to Public Safety | Discussed: 9/28/2022* 6 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 | Discussed: 9/28/2022* 7 Adams Local Law 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 | Discussed: 4/3/2024* 8 Anane Local Law L of 2023 A LOCAL LAW AMENDING PART II (GENERAL LEGISLATION) OF THE CODE OF THE CITY OF ALBANY BY ENACTING A NEW CHAPTER 337 TO BE ENTITLED “TOBACCO RETAIL LICENSE” *Referred to Law, Buildings & Code Enforcement* (Revised 12/6/2024) Page 4 of 18 9 Farrell Local Law C of 2024 A LOCAL LAW AMENDING CHAPTER 133 (BUILDING CONSTRUCTION) OF THE CODE OF THE CITY OF ALBANY BY ADDING A NEW ARTICLE XV (GREEN BUILDING REQUIREMENTS) THERETO AND PROVIDING FOR A COOL ROOF REQUIREMENT *Passed the Law, Buildings & Code Enforcement Committee | Discussed: 5/1/2024* 10 Farrell *Pending Amendment* Local Law F of 2024 *Under Consideration* A LOCAL LAW CREATING A NEW CHAPTER 50 (ETHICS) OF THE CODE OF THE CITY OF ALBANY BY ESTABLISHING A CODE OF ETHICS FOR THE CITY OF ALBANY AND A BOARD *Referred to Council Operations & Ethics | Discussion: 12/10/2024* 11 Flynn Local Law G of 2024 A LOCAL LAW AMENDING SECTIONS 301 AND 403 OF THE CHARTER OF THE CITY OF ALBANY IN RELATION TO THE DEPUTY MAYOR *Referred to Law, Buildings & Code Enforcement* 12 Robinson Local Law I of 2024 A LOCAL LAW AMENDING PART 36 (COMMISSION ON HUMAN RIGHTS) OF CHAPTER 42 (DEPARTMENTS AND COMMISSIONS) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO DESIGNATING AN END-OF-TERM DATE FOR COMMISSION MEMBERS *Referred to Human Resources & Human Rights* 13 Keegan Local Law J of 2024 A LOCAL LAW AMENDING ARTICLE III (EXECUTIVE BRANCH) OF THE CHARTER OF THE CITY OF ALBANY AND VARIOUS PROVISIONS OF THE CODE OF THE CITY OF ALBANY IN RELATION TO THE CREATION OF THE DEPARTMENT OF ENGINEERING AND POSITION OF COMMISSIONER OF THE DEPARTMENT OF ENGINEERING, AND PRESCRIBING THE DUTIES THEREOF *Referred to General Services, Health & Environment* 14 Anane Local Law L of 2024 A LOCAL LAW AMENDING ARTICLE I (EMPLOYEE RESIDENCY REQUIREMENT) OF CHAPTER 62 (LABOR) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO BROADENING THE EMPLOYEE RESIDENCY REQUIREMENT *Referred to Law, Buildings & Code Enforcement* (Revised 12/6/2024) Page 5 of 18 Ordinances Veto Override 1 Frederick Ordinance 28.101.24 AN ORDINANCE ADOPTING THE CITY OF ALBANY BUDGET FOR FISCAL YEAR 2025, AS PRESENTED BY THE MAYOR ON OCTOBER 1, 2024 AND AS AMENDED BY THE COMMON COUNCIL HEREIN *Passed the Common Council on 11/18/2024 | Override Deadline: 12/20/2024 | Discussed: 11/13/2024* (Revised 12/6/2024) Page 6 of 18 Ordinances Held 1 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 & Code Enforcement* 2 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 & Ethics* 3 Anane Ordinance 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 Ordinance 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 | Discussed: 6/26/2023* 5 Farrell Ordinance 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 | Discussed: 9/24/2024* 6 Kimbrough Ordinance 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 | Discussed: 9/14/2023* 7 Keegan Ordinance 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 | Discussed: 7/31/2023* 8 Adams Ordinance 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 | Discussed: 9/18/2023* 9 Adams Ordinance 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 INDIGENOUS PEOPLES DAY *Referred to Law, Buildings & Code Enforcement* (Revised 12/6/2024) Page 7 of 18 10 Romero Ordinance 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 | Discussed: 4/3/2024* 11 Flynn Ordinance 4.21.24 AN ORDINANCE AMENDING ARTICLE I (REMOVAL OF GARBAGE) CHAPTER 313 (SOLID WASTE) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO THE FINE STRUCTURE FOR VIOLATIONS OF THE SAID ARTICLE *Referred to Law, Buildings & Code Enforcement* 12 Adams Ordinance 8.32.24 AN ORDINANCE AMENDING CHAPTER 359 (VEHICLES AND TRAFFIC) OF THE CODE OF THE CITY OF ALBANY ALLOWING MORE EMPLOYEE RESIDENTIAL PARKING PERMITS *Referred to Law, Buildings & Code Enforcement* 13 Johnson Ordinance 11.51.24 AN ORDINANCE OF THE COMMON COUNCIL AUTHORIZING THE SALE OF 92 ALEXANDER STREET (TAX MAP PARCEL NUMBER 76.64-2-11) TO BENJAMIN MORTON *Referred to Finance, Assessment and Taxation* 14 Romero Ordinance 14.51.24 AN ORDINANCE AMENDING PART 10 (BOARD OF CONTRACT AND SUPPLY) OF CHAPTER 42 (DEPARTMENTS AND COMMISSIONS) OF THE CODE OF THE CITY OF ALBANY TO REQUIRE PROJECT LABOR AGREEMENTS IN THE CITY OF ALBANY FOR CERTAIN CONSTRUCTION PROJECTS *Referred to Law, Buildings & Code Enforcement* 15 Romero Ordinance 15.51.24 AN ORDINANCE AMENDING CHAPTER 62 (LABOR) OF PART I (ADMINISTRATIVE LEGISLATION) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO PROHIBITING UNJUST TERMINATIONS *Referred to Law, Buildings & Code Enforcement* 16 Flynn Ordinance 17.53.24 AN ORDINANCE AMENDING PART 3 (CABARETS) OF CHAPTER 111 (AMUSEMENTS), PART 35 (BOARD OF ZONING APPEALS) OF CHAPTER 42 (DEPARTMENTS AND COMMISSIONS), AND CHAPTER 375 (UNIFIED SUSTAINABLE DEVELOPMENT ORDINANCE) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO REVISING REQUIREMENTS FOR CABARET AND ACCESSORY ENTERTAINMENT *Referred to Planning, Economic Development & Land Use | Discussed: 11/19/2024* 17 Farrell Ordinance 18.61.24 AN ORDINANCE AMENDING PART II OF THE CODE OF THE CITY OF ALBANY IN RELATION TO CREATING A PILOT PROGRAM FOR STREET PERFORMERS *Referred to Law, Buildings & Code Enforcement | Discussed: 9/24/2024* 18 Keegan Ordinance 19.62.24 AN ORDINANCE AMENDING ARTICLE VIII (PUBLIC NUISANCE ABATEMENT) OF CHAPTER 255 (PEACE AND GOOD ORDER) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO CORRECTING DEFINITIONS TO MATCH STATE LAW *Passed the Law, Buildings & Code Enforcement Committee | Discussed: 9/24/2024* (Revised 12/6/2024) Page 8 of 18 19 Romero Ordinance 20.62.24 AN ORDINANCE AMENDING SECTION 357-74 (“ESTABLISHMENT OF A RESIDENTIAL PARKING PERMIT SYSTEM”) OF CHAPTER 359 (“VEHICLES AND TRAFFIC”) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO MODIFYING THE BOUNDARIES OF THE RESIDENTIAL PARKING PERMIT SYSTEM *Referred to Planning, Economic Development & Land Use* 20 Frederick Ordinance 21.71.24 AN ORDINANCE AMENDING ARTICLE II (TRAFFIC REGULATIONS) OF CHAPTER 359 (VEHICLES AND TRAFFIC) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO TRUCK PARKING RESTRICTIONS *Referred to Law, Buildings & Code Enforcement* 21 Keegan Ordinance 22.72.24 AN ORDINANCE AMENDING ARTICLE IX (PROHIBITION AGAINST CERTAIN FORMS OF AGGRESSIVE SOLICITATION) OF CHAPTER 255 (PEACE AND GOOD ORDER) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO EXPANDING THE DEFINITIONS OF AGGRESSIVE SOLICITATION *Referred to Public Safety* 22 Anane Ordinance 23.81.24 AN ORDINANCE AMENDING CHAPTER 375 (UNIFIED SUSTAINABLE DEVELOPMENT ORDINANCE) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO ADDING SINGLE-, TWO-, AND THREE- UNIT DETATCHED DWELLINGS AS PERMITTED USES IN THE MU-CI ZONING DISTRICT *Passed the Planning, Economic Development & Land Use Committee | Discussed: 10/28/2024* 23 Farrell Ordinance 24.81.24 AN ORDINANCE AMENDING CHAPTER 359 (VEHICLES AND TRAFFIC) AND CHAPTER 251 (PARKS AND RECREATION) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO THE OPERATION OF ACTIVE TRANSPORTATION IN THE CITY OF ALBANY *Referred to Law, Buildings & Code Enforcement | Discussed: 9/24/2024* 24 Farrell Ordinance 25.82.24 AN ORDINANCE AMENDING ARTICLE XXI (GENERAL PROVISIONS) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO DUTIES OF THE BOARD OF ASSESSMENT REVIEW *Referred to Finance, Assessment and Taxation* 25 Kimbrough Ordinance 26.91.24 AN ORDINANCE AMENDING ARTICLE IIA (HONORARY STREET NAMINGS) OF CHAPTER 323 (STREETS AND SIDEWALKS) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO EXPANDING AND CLARIFYING HONORARY STREET NAMINGS BY ELECTED OFFICIALS *Referred to General Services, Health & Environment* 26 Anane *Pending Amendment* Ordinance 27.91.24 AN ORDINANCE AMENDING CHAPTER 375 (CITY OF ALBANY UNIFIED SUSTAINABLE DEVELOPMENT ORDINANCE) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO INCENTIVIZING THE CONSTRUCTION OF AFFORDABLE AND INCLUSIONARY HOUSING *Passed the Planning, Economic Development & Land Use Committee | Discussed: 11/19/2024* 27 Flynn Ordinance 29.102.24 AN ORDINANCE AMENDING ARTICLE IV (UTILITY POLE REGULATIONS) OF CHAPTER 171 (ELECTRICITY) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO ENSURING THE QUICK AND EFFECTIVE REMOVAL OF DOUBLE POLES *Referred to General Services, Health & Environment* (Revised 12/6/2024) Page 9 of 18 28 Frederick Ordinance 30.102.24 AN ORDINANCE AUTHORIZING CERTAIN PURCHASES BY THE CITY OF ALBANY, NEW YORK AT A MAXIMUM ESTIMATED COST OF $937,500 AND AUTHORIZING THE LEASE FINANCING OR THE ISSUANCE OF $937,500 SERIAL BONDS OF SAID CITY TO PAY THE COST THEREOF (DEPARTMENT OF LAW – LEGAL SETTLEMENT) *Passed the Finance, Assessment and Taxation Committee | Discussed: 10/29/2024* 29 Frederick Ordinance 31.102.24 AN ORDINANCE AUTHORIZING CERTAIN PURCHASES BY THE CITY OF ALBANY, NEW YORK AT A MAXIMUM ESTIMATED COST OF $762,000 AND AUTHORIZING THE LEASE FINANCING OR THE ISSUANCE OF $494,000 SERIAL BONDS OF SAID CITY TO PAY THE COST THEREOF (ENGINEERING – WASHINGTON PARK TRAFFIC RECONFIGURATION) *Passed the Finance, Assessment and Taxation Committee | Discussed: 10/29/2024* 30 Frederick Ordinance 32.102.24 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 (ENGINEERING– TRAFFIC SPEED REDUCTION) *Passed the Finance, Assessment and Taxation Committee | Discussed: 10/29/2024* 31 Frederick Ordinance 33.102.24 AN ORDINANCE AUTHORIZING CERTAIN PURCHASES BY THE CITY OF ALBANY, NEW YORK AT A MAXIMUM ESTIMATED COST OF $330,000 AND AUTHORIZING THE LEASE FINANCING OR THE ISSUANCE OF $330,000 SERIAL BONDS OF SAID CITY TO PAY THE COST THEREOF (ENGINEERING – MAINTENANCE EQUIPMENT) *Passed the Finance, Assessment and Taxation Committee | Discussed: 10/29/2024* 32 Frederick Ordinance 34.102.24 AN ORDINANCE AUTHORIZING CERTAIN PURCHASES BY THE CITY OF ALBANY, NEW YORK AT A MAXIMUM ESTIMATED COST OF $150,000 AND AUTHORIZING THE LEASE FINANCING OR THE ISSUANCE OF $150,000 SERIAL BONDS OF SAID CITY TO PAY THE COST THEREOF (ENGINEERING – TRAFFIC STUDIES) *Passed the Finance, Assessment and Taxation Committee | Discussed: 10/29/2024* 33 Frederick Ordinance 35.102.24 AN ORDINANCE AUTHORIZING CERTAIN PURCHASES BY THE CITY OF ALBANY, NEW YORK AT A MAXIMUM ESTIMATED COST OF $300,000 AND AUTHORIZING THE LEASE FINANCING OR THE ISSUANCE OF $300,000 SERIAL BONDS OF SAID CITY TO PAY THE COST THEREOF (ENGINEERING – ROADWAY STRIPING) *Passed the Finance, Assessment and Taxation Committee | Discussed: 10/29/2024* 34 Frederick Ordinance 36.102.24 AN ORDINANCE AUTHORIZING CERTAIN PURCHASES BY THE CITY OF ALBANY, NEW YORK AT A MAXIMUM ESTIMATED COST OF $1,100,000 AND AUTHORIZING THE LEASE FINANCING OR THE ISSUANCE OF $1,100,000 SERIAL BONDS OF SAID CITY TO PAY THE COST THEREOF (ENGINEERING – TRAFFIC SIGNAL IMPROVEMENTS) *Passed the Finance, Assessment and Taxation Committee | Discussed: 10/29/2024* 35 Frederick Ordinance 37.102.24 AN ORDINANCE AUTHORIZING CERTAIN PURCHASES BY THE CITY OF ALBANY, NEW YORK AT A MAXIMUM ESTIMATED COST OF $180,000 AND AUTHORIZING THE LEASE FINANCING OR THE ISSUANCE OF $180,000 SERIAL BONDS OF SAID CITY TO PAY THE COST THEREOF (ENGINEERING – TRAFFIC SIGN PRINTER) *Passed the Finance, Assessment and Taxation Committee | Discussed: 10/29/2024* (Revised 12/6/2024) Page 10 of 18 36 Frederick Ordinance 38.102.24 AN ORDINANCE AMENDING ORDINANCE NUMBER 56.102.23, WHICH AUTHORIZED CERTAIN PURCHASES BY THE CITY OF ALBANY, NEW YORK AT A MAXIMUM ESTIMATED COST OF $500,000 AND AUTHORIZED THE LEASE FINANCING OR THE ISSUANCE OF $500,000 SERIAL BONDS OF SAID CITY TO PAY THE COST THEREOF (TRAFFIC ENGINEERING – ELECTRIC VEHICLE INFRASTRUCTURE) BY INCREASING SUCH AUTHORIZATION TO $1,500,000 *Passed the Finance, Assessment and Taxation Committee | Discussed: 10/29/2024* 37 Frederick Ordinance 39.102.24 AN ORDINANCE AUTHORIZING CERTAIN PURCHASES BY THE CITY OF ALBANY, NEW YORK AT A MAXIMUM ESTIMATED COST OF $650,000 AND AUTHORIZING THE LEASE FINANCING OR THE ISSUANCE OF $650,000 SERIAL BONDS OF SAID CITY TO PAY THE COST THEREOF (ENGINEERING – STREETLIGHTS CAPITAL IMPROVEMENTS) *Passed the Finance, Assessment and Taxation Committee | Discussed: 10/30/2024* 38 Frederick Ordinance 40.102.24 AN ORDINANCE AUTHORIZING CERTAIN PURCHASES BY THE CITY OF ALBANY, NEW YORK AT A MAXIMUM ESTIMATED COST OF $100,000 AND AUTHORIZING THE LEASE FINANCING OR THE ISSUANCE OF $100,000 SERIAL BONDS OF SAID CITY TO PAY THE COST THEREOF (DGS – GREENHOUSE REPLACEMENT) *Passed the Finance, Assessment and Taxation Committee | Discussed: 10/30/2024* 39 Frederick Ordinance 41.102.24 AN ORDINANCE AUTHORIZING CERTAIN PURCHASES BY THE CITY OF ALBANY, NEW YORK AT A MAXIMUM ESTIMATED COST OF $3,366,000 AND AUTHORIZING THE LEASE FINANCING OR THE ISSUANCE OF $3,366,000 SERIAL BONDS OF SAID CITY TO PAY THE COST THEREOF (DGS – WASTE MANAGEMENT PLAN) *Referred to Finance, Assessment and Taxation | Discussed: 10/30/2024* 40 Frederick Ordinance 42.102.24 AN ORDINANCE AUTHORIZING CERTAIN PURCHASES BY THE CITY OF ALBANY, NEW YORK AT A MAXIMUM ESTIMATED COST OF $2,747,000 AND AUTHORIZING THE LEASE FINANCING OR THE ISSUANCE OF $2,747,000 SERIAL BONDS OF SAID CITY TO PAY THE COST THEREOF (DGS – MAINTENANCE EQUIPMENT) *Passed the Finance, Assessment and Taxation Committee | Discussed: 10/30/2024* 41 Frederick Ordinance 43.102.24 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 – PUBLIC BATHROOMS) *Passed the Finance, Assessment and Taxation Committee | Discussed: 10/30/2024* 42 Frederick Ordinance 44.102.24 AN ORDINANCE AUTHORIZING CERTAIN PURCHASES BY THE CITY OF ALBANY, NEW YORK AT A MAXIMUM ESTIMATED COST OF $1,178,000 AND AUTHORIZING THE LEASE FINANCING OR THE ISSUANCE OF $1,178,000 SERIAL BONDS OF SAID CITY TO PAY THE COST THEREOF (DGS – HUDSON RIVER GATEWAYS) *Passed the Finance, Assessment and Taxation Committee | Discussed: 10/30/2024* (Revised 12/6/2024) Page 11 of 18 43 Frederick Ordinance 45.102.24 AN ORDINANCE AUTHORIZING CERTAIN PURCHASES BY THE CITY OF ALBANY, NEW YORK AT A MAXIMUM ESTIMATED COST OF $500,000 AND AUTHORIZING THE LEASE FINANCING OR THE ISSUANCE OF $500,000 SERIAL BONDS OF SAID CITY TO PAY THE COST THEREOF (DGS – SECURITY FENCE INSTALLATION) *Passed the Finance, Assessment and Taxation Committee | Discussed: 10/30/2024* 44 Frederick Ordinance 46.102.24 AN ORDINANCE AUTHORIZING CERTAIN PURCHASES BY THE CITY OF ALBANY, NEW YORK AT A MAXIMUM ESTIMATED COST OF $250,000 AND AUTHORIZING THE LEASE FINANCING OR THE ISSUANCE OF $250,000 SERIAL BONDS OF SAID CITY TO PAY THE COST THEREOF (DGS – STREETSCAPE AND PARK FIXTURES) *Passed the Finance, Assessment and Taxation Committee | Discussed: 10/30/2024* 45 Frederick Ordinance 47.102.24 AN ORDINANCE AUTHORIZING CERTAIN PURCHASES BY THE CITY OF ALBANY, NEW YORK AT A MAXIMUM ESTIMATED COST OF $340,000 AND AUTHORIZING THE LEASE FINANCING OR THE ISSUANCE OF $340,000 SERIAL BONDS OF SAID CITY TO PAY THE COST THEREOF (DGS – EQUIPMENT & FIXTURES) *Passed the Finance, Assessment and Taxation Committee | Discussed: 10/30/2024* 46 Frederick Ordinance 48.102.24 AN ORDINANCE AUTHORIZING CERTAIN PURCHASES BY THE CITY OF ALBANY, NEW YORK AT A MAXIMUM ESTIMATED COST OF $450,000 AND AUTHORIZING THE LEASE FINANCING OR THE ISSUANCE OF $450,000 SERIAL BONDS OF SAID CITY TO PAY THE COST THEREOF (DGS – CAPITAL HILLS REHABILITATION & IMPROVEMENTS) *Passed the Finance, Assessment and Taxation Committee | Discussed: 10/30/2024* 47 Frederick Ordinance 49.102.24 AN ORDINANCE AUTHORIZING CERTAIN PURCHASES BY THE CITY OF ALBANY, NEW YORK AT A MAXIMUM ESTIMATED COST OF $300,000 AND AUTHORIZING THE LEASE FINANCING OR THE ISSUANCE OF $300,000 SERIAL BONDS OF SAID CITY TO PAY THE COST THEREOF (DGS – STORAGE SHEDS) *Passed the Finance, Assessment and Taxation Committee | Discussed: 10/30/2024* 48 Frederick Ordinance 50.102.24 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 (ENGINEERING – ADA COMPLIANCE) *Passed the Finance, Assessment and Taxation Committee | Discussed: 10/30/2024* 49 Frederick Ordinance 51.102.24 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 (ENGINEERING – SIDEWALK RECONSTRUCTION) *Referred to Finance, Assessment and Taxation | Discussed: 10/30/2024* 50 Frederick Ordinance 52.102.24 AN ORDINANCE AUTHORIZING CERTAIN PURCHASES BY THE CITY OF ALBANY, NEW YORK AT A MAXIMUM ESTIMATED COST OF $5,000,000 AND AUTHORIZING THE LEASE FINANCING OR THE ISSUANCE OF $5,000,000 SERIAL BONDS OF SAID CITY TO PAY THE COST THEREOF (ENGINEERING – STREET RECONSTRUCTION) *Referred to Finance, Assessment and Taxation | Discussed: 10/30/2024* (Revised 12/6/2024) Page 12 of 18 51 Frederick Ordinance 53.102.24 AN ORDINANCE AUTHORIZING CERTAIN PURCHASES BY THE CITY OF ALBANY, NEW YORK AT A MAXIMUM ESTIMATED COST OF $3,210,000 AND AUTHORIZING THE LEASE FINANCING OR THE ISSUANCE OF $3,210,000 SERIAL BONDS OF SAID CITY TO PAY THE COST THEREOF (DGS – SOLID WASTE VEHICLES & EQUIPMENT) *Passed the Finance, Assessment and Taxation Committee | Discussed: 10/30/2024* 52 Frederick Ordinance 54.102.24 AN ORDINANCE AUTHORIZING CERTAIN PURCHASES BY THE CITY OF ALBANY, NEW YORK AT A MAXIMUM ESTIMATED COST OF $1,500,000 AND AUTHORIZING THE LEASE FINANCING OR THE ISSUANCE OF $1,500,000 SERIAL BONDS OF SAID CITY TO PAY THE COST THEREOF (INFORMATION TECHNOLOGY – ENTERPRISE RESOURCE PLANNING SYSTEM) *Passed the Finance, Assessment and Taxation Committee | Discussed: 10/30/2024* 53 Frederick Ordinance 55.102.24 AN ORDINANCE AUTHORIZING CERTAIN PURCHASES BY THE CITY OF ALBANY, NEW YORK AT A MAXIMUM ESTIMATED COST OF $750,000 AND AUTHORIZING THE LEASE FINANCING OR THE ISSUANCE OF $750,000 SERIAL BONDS OF SAID CITY TO PAY THE COST THEREOF (APD – PUBLIC SAFETY IT SYSTEMS) *Passed the Finance, Assessment and Taxation Committee | Discussed: 10/30/2024* 54 Frederick Ordinance 56.102.24 AN ORDINANCE AUTHORIZING CERTAIN PURCHASES BY THE CITY OF ALBANY, NEW YORK AT A MAXIMUM ESTIMATED COST OF $500,000 AND AUTHORIZING THE LEASE FINANCING OR THE ISSUANCE OF $500,000 SERIAL BONDS OF SAID CITY TO PAY THE COST THEREOF (APD – POLICE STATION INFRASTRUCTURE IMPROVEMENTS) *Passed the Finance, Assessment and Taxation Committee | Discussed: 10/30/2024* 55 Frederick Ordinance 57.102.24 AN ORDINANCE AUTHORIZING CERTAIN PURCHASES BY THE CITY OF ALBANY, NEW YORK AT A MAXIMUM ESTIMATED COST OF $300,000 AND AUTHORIZING THE LEASE FINANCING OR THE ISSUANCE OF $300,000 SERIAL BONDS OF SAID CITY TO PAY THE COST THEREOF (APD – MOTOR VEHICLES) *Passed the Finance, Assessment and Taxation Committee | Discussed: 10/30/2024* 56 Frederick Ordinance 58.102.24 AN ORDINANCE AUTHORIZING CERTAIN PURCHASES BY THE CITY OF ALBANY, NEW YORK AT A MAXIMUM ESTIMATED COST OF $1,750,000 AND AUTHORIZING THE LEASE FINANCING OR THE ISSUANCE OF $1,750,000 SERIAL BONDS OF SAID CITY TO PAY THE COST THEREOF (AFD – FIRE VEHICLES) *Passed the Finance, Assessment and Taxation Committee | Discussed: 10/30/2024* 57 Frederick Ordinance 59.102.24 AN ORDINANCE AUTHORIZING CERTAIN PURCHASES BY THE CITY OF ALBANY, NEW YORK AT A MAXIMUM ESTIMATED COST OF $300,000 AND AUTHORIZING THE LEASE FINANCING OR THE ISSUANCE OF $300,000 SERIAL BONDS OF SAID CITY TO PAY THE COST THEREOF (AFD – FIRE STATION INFRASTRUCTURE IMPROVEMENTS) *Passed the Finance, Assessment and Taxation Committee | Discussed: 10/30/2024* (Revised 12/6/2024) Page 13 of 18 58 Frederick Ordinance 60.102.24 AN ORDINANCE AMENDING ORDINANCE NUMBER 66.102.23, WHICH AUTHORIZED CERTAIN PURCHASES BY THE CITY OF ALBANY, NEW YORK AT A MAXIMUM ESTIMATED COST OF $10,000,000 AND AUTHORIZED THE LEASE FINANCING OR THE ISSUANCE OF $12,000,000 SERIAL BONDS OF SAID CITY TO PAY THE COST THEREOF (RECREATION – WEST HILL COMMUNITY CENTER) BY INCREASING SUCH MAXIMUM ESTIMATED COST TO $20,500,000 AND SUCH AUTHORIZATIONS TO $18,500,000 *Passed the Finance, Assessment and Taxation Committee | Discussed: 10/30/2024* 59 Frederick Ordinance 61.102.24 AN ORDINANCE AMENDING ORDINANCE NUMBER 67.102.23, WHICH AUTHORIZED CERTAIN PURCHASES BY THE CITY OF ALBANY, NEW YORK AT A MAXIMUM ESTIMATED COST OF $5,000,000 AND AUTHORIZED THE LEASE FINANCING OR THE ISSUANCE OF $7,400,000 SERIAL BONDS OF SAID CITY TO PAY THE COST THEREOF (RECREATION – HOFFMAN COMMUNITY CENTER) BY INCREASING SUCH MAXIMUM ESTIMATED COST TO $10,150,000 AND SUCH AUTHORIZATIONS TO $7,750,000 *Passed the Finance, Assessment and Taxation Committee | Discussed: 10/30/2024* 60 Frederick Ordinance 62.102.24 AN ORDINANCE AUTHORIZING CERTAIN PURCHASES BY THE CITY OF ALBANY, NEW YORK AT A MAXIMUM ESTIMATED COST OF $1,220,000 AND AUTHORIZING THE LEASE FINANCING OR THE ISSUANCE OF $1,220,000 SERIAL BONDS OF SAID CITY TO PAY THE COST THEREOF (RECREATION – PLAYGROUNDS) *Referred to Finance, Assessment and Taxation | Discussed: 10/30/2024* 61 Frederick Ordinance 63.102.24 AN ORDINANCE AUTHORIZING CERTAIN PURCHASES BY THE CITY OF ALBANY, NEW YORK AT A MAXIMUM ESTIMATED COST OF $390,000 AND AUTHORIZING THE LEASE FINANCING OR THE ISSUANCE OF $390,000 SERIAL BONDS OF SAID CITY TO PAY THE COST THEREOF (RECREATION – SPRAY PADS) *Passed the Finance, Assessment and Taxation Committee | Discussed: 10/30/2024* 62 Frederick Ordinance 64.102.24 AN ORDINANCE AUTHORIZING CERTAIN PURCHASES BY THE CITY OF ALBANY, NEW YORK AT A MAXIMUM ESTIMATED COST OF $150,000 AND AUTHORIZING THE LEASE FINANCING OR THE ISSUANCE OF $150,000 SERIAL BONDS OF SAID CITY TO PAY THE COST THEREOF (RECREATION – MAINTENANCE EQUIPMENT) *Passed the Finance, Assessment and Taxation Committee | Discussed: 10/30/2024* 63 Balarin Ordinance 65.111.24 AN ORDINANCE AMENDING CHAPTER 375 (UNIFIED SUSTAINABLE DEVELOPMENT ORDINANCE) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO REQUIREMENTS FOR SIGNS *Referred to Planning, Economic Development & Land Use* 64 Johnson Ordinance 66.111.24 AN ORDINANCE AMENDING CHAPTER 375 (UNIFIED SUSTAINABLE DEVELOPMENT ORDINANCE) OF THE CODE OF THE CITY OF ALBANY BY CHANGING THE ZONING CLASSIFICATION OF PARCEL KNOWN AS 31 TRINITY PLACE FROM RESIDENTIAL TOWNHOUSE (R-T) TO MIXED-USE NEIGHBORHOOD EDGE (MU-NE) AND AMENDING THE ZONING MAP ACCORDINGLY *Referred to Planning, Economic Development & Land Use | Discussed: 11/19/2024* (Revised 12/6/2024) Page 14 of 18 65 Robinson Ordinance 67.112.24 AN ORDINANCE AUTHORIZING THE SALE OF A PORTION OF TAX MAP PARCEL NUMBER 65.74-1-36, LOCATED BETWEEN LIVINGSTON AVENUE AND THIRD STREET, TO THE UNDERGROUND RAILROAD HISTORY PROJECT OF THE CAPITAL REGION, INC. D/B/A UNDERGROUND RAILROAD EDUCATION CENTER *Referred to Finance, Assessment and Taxation* 66 Anane Ordinance 68.121.24 AN ORDINANCE AMENDING CHAPTER 375 (UNIFIED SUSTAINABLE DEVELOPMENT ORDINANCE) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO PERMITTING ACCESSORY DWELLING UNITS *Referred to Planning, Economic Development & Land Use* (Revised 12/6/2024) Page 15 of 18 Resolutions Introduced 1 Johnson *Under Consideration* Resolution 137.122.24R A RESOLUTION OF THE COMMON COUNCIL AUTHORIZING THE EXECUTION OF A PAYMENT IN LIEU OF TAXES (“PILOT”) AGREEMENT BY AND BETWEEN THE CITY OF ALBANY, AND CAPITOL HOUSING DEVELOPMENT FUND COMPANY, INC. AND SOUTH MALL 2 Romero Resolution 138.122.24R A RESOLUTION OF THE COMMON COUNCIL DECLARING ITSELF LEAD AGENCY FOR THE STATE ENVIRONMENTAL QUALITY REVIEW OF THE WASHINGTON PARK PLAYGROUND PROJECT AND ISSUING A NEGATIVE DECLARATION 3 Anane *Under Consideration* Resolution 139.122.24R A RESOLUTION OF THE COMMON COUNCIL DECLARING ITS INTENT TO ACT AS LEAD AGENCY FOR THE STATE ENVIRONMENTAL QUALITY REVIEW OF ORDINANCE 68.121.24 AND DECLARING IT A TYPE I ACTION 4 Adams *Under Consideration* Resolution 140.122.24R A RESOLUTION OF THE ALBANY COMMON COUNCIL CELEBRATING THE UALBANY MEN’S BASKETBALL TEAM RETAINING THE ALBANY CUP (Revised 12/6/2024) Page 16 of 18 Resolutions Held 1 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 & Family Services* 2 Clarke Resolution 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 | Discussed: 2/15/2023* 3 Adams Resolution 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* 4 Love Resolution 9.12.24R (MC) A RESOLUTION OF THE COMMON COUNCIL RECOGNIZING INCREASED VIOLENCE IN THE CITY OF ALBANY AND REAFFIRMING THE COUNCIL’S COMMITMENT TO A PERMANENT END TO VIOLENCE IN OUR COMMUNITIES *Referred to Public Safety | Discussed: 2/13/2024* 5 Frederick Resolution 82.81.24R A RESOLUTION OF THE COMMON COUNCIL APPROVING A TRANSFER OF BUDGETED FUNDS AND A CHANGE IN THE AUTHORIZED POSITIONS INCLUDED IN THE 2024 CITY BUDGET, WHICH WILL AFFECT A SALARY RATE OR SALARY TOTAL *Passed the Finance, Assessment and Taxation Committee | Discussed: 10/23/2024* 6 Robinson Resolution 86.81.24R A RESOLUTION OF THE COMMON COUNCIL REAPPOINTING RICHARD CONTI AS A MEMBER OF THE COMMISSION ON HUMAN RIGHTS *Referred to Human Resources & Human Rights* 7 Robinson Resolution 89.82.24R A RESOLUTION OF THE COMMON COUNCIL REAPPOINTING THOMAS MUELLER AS A MEMBER OF THE COMMISSION ON HUMAN RIGHTS *Referred to Human Resources & Human Rights* 8 Robinson Resolution 95.91.24R A RESOLUTION OF THE COMMON COUNCIL REAPPOINTING NATISHA M. ALEXANDER AS A MEMBER OF THE COMMISSION ON HUMAN RIGHTS *Referred to Human Resources & Human Rights* 9 Frederick Resolution 105.92.24R A RESOLUTION OF THE COMMON COUNCIL REAPPOINTING STEPHEN MCLAUGHLIN AS A MEMBER OF THE BOARD OF ASSESSMENT REVIEW *Referred to Finance, Assessment and Taxation* 10 Hoey Resolution 119.102.24R A RESOLUTION OF THE COMMON COUNCIL APPOINTING EMILY SOWEK AS A MEMBER OF THE COMMUNITY POLICE REVIEW BOARD *Referred to Public Safety* (Revised 12/6/2024) Page 17 of 18 11 Farrell Resolution 131.121.24R A RESOLUTION OF THE COMMON COUNCIL CONFIRMING THE APPOINTMENT OF ROBERT MAGEE AS CORPORATION COUNSEL *Referred to Law, Buildings & Code Enforcement* 12 Frederick Resolution 134.121.24R A RESOLUTION OF THE COMMON COUNCIL AUTHORIZING THE LEVY OF 2025 BUSINESS IMPROVEMENT DISTRICT (BID) CHARGES AND AUTHORIZING THE TREASURER TO PLACE SUCH CHARGES ON 2025 CITY TAX BILLS (Revised 12/6/2024) Page 18 of 18 COMMON COUNCIL OF THE CITY OF ALBANY SUPPORT LEGISLATION DECEMBER 16, 2024 RESOLUTIONS 137.122.24R A RESOLUTION OF THE COMMON COUNCIL AUTHORIZING THE EXECUTION OF A PAYMENT IN LIEU OF TAXES (“PILOT”) AGREEMENT BY AND BETWEEN THE CITY OF ALBANY, AND CAPITOL HOUSING DEVELOPMENT FUND COMPANY, INC. AND SOUTH MALL TOWERS, LLC 138.122.24R A RESOLUTION OF THE COMMON COUNCIL DECLARING ITSELF LEAD AGENCY FOR THE STATE ENVIRONMENTAL QUALITY REVIEW OF THE WASHINGTON PARK PLAYGROUND PROJECT AND ISSUING A NEGATIVE DECLARATION 139.122.24R A RESOLUTION OF THE COMMON COUNCIL DECLARING ITS INTENT TO ACT AS LEAD AGENCY FOR THE STATE ENVIRONMENTAL QUALITY REVIEW OF ORDINANCE 68.121.24 AND DECLARING IT A TYPE I ACTION 140.122.24R A RESOLUTION OF THE ALBANY COMMON COUNCIL CELEBRATING THE UALBANY MEN’S BASKETBALL TEAM RETAINING THE ALBANY CUP Council Member Johnson introduced the following: RESOLUTION 137.122.24R A RESOLUTION OF THE COMMON COUNCIL AUTHORIZING THE EXECUTION OF A PAYMENT IN LIEU OF TAXES (“PILOT”) AGREEMENT BY AND BETWEEN THE CITY OF ALBANY, AND CAPITOL HOUSING DEVELOPMENT FUND COMPANY, INC. AND SOUTH MALL TOWERS, LLC WHEREAS, the City of Albany (the “City”) desires to encourage a sufficient supply of adequate, safe and sanitary housing accommodations to persons and families of low income; and WHEREAS, Capitol Housing Development Fund Company, Inc. (the “HDFC”) is a not- for-profit corporation established pursuant to Section 402 of the New York State Not-For-Profit Corporation Law and Article XI of the New York State Private Housing Finance Law (“PHFL”); and WHEREAS, the HDFC has been organized exclusively for the charitable purpose of providing housing accommodations to persons and families of low income; and WHEREAS, the HDFC intends to form a limited liability company under the laws of the State of New York, to be referred to as South Mall Towers, LLC (the “Company”), of which Company the HDFC is or will be the “HDFC Member”; and WHEREAS, the Company’s and the HDFC’s plan for the use of the property consists of the substantial renovation of two high rise structures located at 99-101 South Pearl Street, Albany, NY, with 345 efficiency, studio, one, and two bedroom units, providing, affordable housing for seniors 55 and over, and handicapped or disabled persons earning up to 60% of the Area Median Income (“the Project”); and WHEREAS, the HDFC will be the nominal fee owner of the Property; and WHEREAS, the HDFC will acquire fee title to the Property as nominee for the Company, and will convey its equitable and beneficial interest in the Property to the Company in furtherance of the development of the Project; and WHEREAS, the HDFC is a “Housing development fund company” as the term is defined in Section 572 of the PHFL; and WHEREAS, section 577 of the PHFL authorizes the Common Council of the City of Albany to exempt the Project from real property taxes; and WHEREAS, the Company and the HDFC will be willing to enter into a PILOT Agreement whereby they will make annual payments in lieu of taxes to the City as set forth in the proposed PILOT Agreement presented to this Common Council for its approval, a copy of which is included herewith; NOW, THEREFORE, BE IT RESOLVED, that the Common Council of the City of Albany hereby exempts the Project and the property more particularly identified in the proposed PILOT Agreement included herewith and made part hereof from real property taxes to the extent authorized by Section 577 of the PHFL and approves the proposed PILOT Agreement between the City of Albany, the Company and the HDFC, in substantially the form included herewith, providing for annual payments as set forth in such agreement; and BE IT FURTHER RESOLVED, that a fully executed copy of the PILOT Agreement will be filed immediately in the Office of the Assessor of the City of Albany and the Office of the Treasurer of the City of Albany; and BE IT FURTHER RESOLVED, that this resolution shall take effect immediately. To: Shaniqua Jackson, City Clerk From: Brett Williams, Esq., Senior Assistant Corporation Counsel Re: Common Council Legislation Supporting Memorandum Date: December 5, 2024 Sponsor: Council Member Johnson RESOLUTION 137.122.24R TITLE A RESOLUTION OF THE COMMON COUNCIL AUTHORIZING THE EXECUTION OF A PAYMENT IN LIEU OF TAXES (“PILOT”) AGREEMENT BY AND BETWEEN THE CITY OF ALBANY, AND CAPITOL HOUSING DEVELOPMENT FUND COMPANY, INC. AND SOUTH MALL TOWERS, LLC GENERAL PURPOSE OF LEGISLATION This resolution will authorize the City to enter into a Payment in Lieu of Taxes (“PILOT”) Agreement with Capitol Housing Development Fund Company, Inc., and South Mall Towers, LLC, whereby the applicants will make payments to the City in exchange for being made exempt from property taxes for a term of thirty-three years. Until recently, South Mall Towers was entirely exempt from property taxation by operation of law and voluntarily made payments to the City for services. However, the property has had to change its business and funding model and is no longer entitled to the exemption as of right. Instead, it seeks to obtain a PILOT agreement from the City South Mall Towers will be renovating its 345 units, which will be restricted to persons fifty-five and over, as well as handicapped or disabled persons earning up to 60% of the area median income. The renovations will include accessibility upgrades, restoration of the building façades, replacement of the roof and electrical infrastructure, upgrades to bathrooms, kitchens, and flooring throughout, LED lighting, window replacement, and installation of electric heat pumps in all units. South Mall Towers has indicated that this PILOT is integral to their ability to fund these renovations, as well as the ongoing operation of the buildings. NECESSITY FOR LEGISLATION AND ANY CHANGE TO EXISTING LAW Under Public Housing Finance Law § 577(1)(a), “The local legislative body of any municipality in which a project of a housing development fund company … is to be located may exempt the real property in such project from local and municipal taxes.” The Council demonstrates its approval of such an exemption by resolution. FISCAL IMPACT Under the proposed PILOT Agreement, the applicants will pay the City 5% of their “shelter rent,” which is the amount of rent collected, less the cost of utilities, for a period of 33 years. This amount is less than the property would pay if it were not under a PILOT, but more than it was paying when it was exempt by law. Council Member Romero introduced the following: RESOLUTION 138.122.24R A RESOLUTION OF THE COMMON COUNCIL DECLARING ITSELF LEAD AGENCY FOR THE STATE ENVIRONMENTAL QUALITY REVIEW OF THE WASHINGTON PARK PLAYGROUND PROJECT AND ISSUING A NEGATIVE DECLARATION WHEREAS, on July 15, 2024, by Resolution 76.72.24R, the Common Council declared its intent to act as Lead Agency for the State Environmental Quality Act (“SEQRA”) review of the Washington Park Pool Project, and determined by that same resolution that the Project is a Type I action under SEQRA; and WHEREAS, the Common Council identified the New York State Department of Environmental Conservation and the State Office of Parks, Recreation, and Historic Preservation as interested agencies and informed each of its intent to act as Lead Agency, and none expressed any opposition thereto; and WHEREAS, the Common Council has reviewed parts 1, 2, and 3 of the Full Environmental Assessment Form for the Project, prepared by the Director of Infrastructure Management; NOW, THEREFORE, BE IT RESOLVED, that the Common Council of the City of Albany does hereby declare itself Lead Agency for this Action; and BE IT FURTHER RESOLVED, having thoroughly analyzed and reviewed the above- referenced Full Environmental Assessment Form in its entirety, the Common Council determines and declares that the Washington Park Playground Project will not have a negative impact on the environment. To: Shaniqua Jackson, City Clerk From: Brett Williams, Esq., Senior Assistant Corporation Counsel Re: Common Council Legislation Supporting Memorandum Date: December 6, 2024 Sponsor: Council Member Romero RESOLUTION 138.122.24R TITLE A RESOLUTION OF THE COMMON COUNCIL DECLARING ITSELF LEAD AGENCY FOR THE STATE ENVIRONMENTAL QUALITY REVIEW OF THE WASHINGTON PARK PLAYGROUND PROJECT AND ISSUING A NEGATIVE DECLARATION GENERAL PURPOSE OF LEGISLATION The City is required by the State Environmental Quality Review Act (“SEQRA”) to consider the potential environmental impacts of its project to replace the Washington Park Playground. The Common Council set this process in motion by declaring, by Resolution 76.72.24R, passed at the July 15, 2024 Council meeting, that the Project was a SEQRA Type I Action, and that the Council intended to act as lead agency for the review. Having now reviewed the completed Full Environmental Assessment Form (included herewith) and solicited input from all involved agencies as required by SEQRA, the Council, by this resolution, declares itself to be lead agency and declares that the pool project will have no negative impact on the environment. Note that this Corporation Counsel’s Office has sought approval from the two agencies interested in the Project – NYSDEC and OPRHP – for the Council to act as Lead Agency. The interested agencies have either 30 days to accept or object to the Council’s intent to act as Lead Agency. If they do not respond within 30 days, they are deemed to have accepted. At the time this resolution is being introduced, the agencies have not yet responded, but the 30-day period has not yet elapsed. If the agencies asset to the Council acting as Lead Agency, the Council can act on the resolution once both agencies have consented. If the agencies do not respond, the Council will have to wait until after the 30-day period has elapsed to pass the resolution. NECESSITY FOR LEGISLATION AND ANY CHANGE TO EXISTING LAW This resolution formally expresses the Council’s determinations that 1) it is the lead agency for the SEQRA review of this action, and 2) that the action will not have a negative impact on the environment, as required by SEQRA. FISCAL IMPACT There is no fiscal impact from this resolution. Council Member Anane introduced the following: RESOLUTION 139.122.24R A RESOLUTION OF THE COMMON COUNCIL DECLARING ITS INTENT TO ACT AS LEAD AGENCY FOR THE STATE ENVIRONMENTAL QUALITY REVIEW OF ORDINANCE 68.121.24 AND DECLARING IT A TYPE I ACTION WHEREAS, on December 2, 2024, Council Member Anane introduced Ordinance 68.121.24; and WHEREAS, the Common Council has reviewed the State Environmental Quality Review Act (“SEQRA”) Full Environmental Assessment Form (“FEAF”), Part I, prepared by the Research Counsel, examining the potential environmental impacts of Ordinance 68.121.24, and WHEREAS, the Common Council has determined that although the said Action is subject to review by the County Planning Board, it is not subject to approval from other involved agencies under SEQRA; and WHEREAS, the Common Council is, therefore, the only involved agency, resulting in the Council being lead agency; and WHEREAS, the Common Council has identified Ordinance 68.121.24 as a zoning change affecting greater than 25 acres, and WHEREAS, as such, the Common Council has determined that the Action is a Type I action under SEQRA; NOW, THEREFORE, BE IT RESOLVED, that, having reviewed the above-referenced FEAF Part I, the Common Council determines that the Action is a Type I action under SEQRA; and BE IT FURTHER RESOLVED, that the Common Council of the City of Albany does hereby declare its intent to act as lead agency for this Action and will conduct a SEQRA review. To: Shaniqua Jackson, City Clerk From: Jake Eisland, Research Counsel Brett Williams, Senior Assistant Corporation Counsel Re: Common Council Legislation Supporting Memorandum Date: December 5, 2024 Sponsor: Council Member Anane RESOLUTION 139.122.24R TITLE A RESOLUTION OF THE COMMON COUNCIL DECLARING ITS INTENT TO ACT AS LEAD AGENCY FOR THE STATE ENVIRONMENTAL QUALITY REVIEW OF ORDINANCE 68.121.24 AND DECLARING IT A TYPE I ACTION GENERAL PURPOSE OF LEGISLATION As part of the consideration of zoning legislation, the potential environmental impacts of those changes must be considered in the context of the State Environmental Quality Review Act (“SEQRA”). The first step in this process is to determine whether the contemplated Action is a type I, type II, or unlisted action under SEQRA. If an action meets any of the criteria listed in the regulations for action types I and II, it is one of those types of actions. If it meets none of the criteria, it is an unlisted action. Here, the action does meet the type I criteria, specifically a zoning change affecting more than 25 acres. Since this change affects the entire city, which is over 25 acres, a Type I review is required. The next step in a Type I action is to complete Part I of a full environmental assessment form (“FEAF”). A copy of the FEAF in this matter is included herewith. Once the FEAF is completed, one of the entities involved in the Action may declare itself “lead agency,” with which designation it may coordinate the SEQRA review of the Action with all other entities that are involved and interested in the Action. As the only involved agency, we will be the lead agency by default. This resolution formally accomplishes these initial steps in the SEQRA process. NECESSITY FOR LEGISLATION AND ANY CHANGE TO EXISTING LAW This resolution formally expresses the Council’s determinations that 1) the Action is a Type I action and 2) the Council intends to act as lead agency for the SEQRA review of this action, and FISCAL IMPACT The Council expressing its intent to serve as lead agency has no fiscal impact. Council Member Adams introduced the following: Resolution 140.122.24R A RESOLUTION OF THE ALBANY COMMON COUNCIL CELEBRATING THE UALBANY MEN’S BASKETBALL TEAM RETAINING THE ALBANY CUP WHEREAS, the University at Albany Men’s Basketball team won the Albany Cup on November 16, 2024 for the second year in a row; and WHEREAS, the Albany Cup is a deeply competitive Capital Region rivalry between the Siena Saints and the Albany Great Danes; and WHEREAS, the Albany Cup was played on the University at Albany’s campus in Broadview Center for the second time ever; and WHEREAS, for the past twenty three years, the two Division I teams have engaged in this intense annual tradition; and WHEREAS, the Great Danes secured the 2024 Albany Cup win by 10 points through incredible teamwork and dedication; and WHEREAS, this was demonstrated by UAlbany outrebounding Siena, whom are ranked nd the 22 -best rebounding team in the nation, by 38-27; and WHEREAS, Amar’e Marshall scored the first basket of the game, which gave the team an early lead; and WHEREAS, impressive layups by Bryon Joshua and Kacper Klaczek as well as five points from Justin Neely developed the advantage against the Saints; and WHEREAS, DeMarr Langford Jr., Aaron Reddis, Justin Neely, and Kheni Briggs helped the Great Danes recapture the upper hand after Siena gained momentum; and WHEREAS, Justin Neely, Amir Lindsey, and Bryon Joshua launched the purple and gold into a massive lead towards the end of the second half; and WHEREAS, Kacper Klaczek’s spectacular windmill dunk finalized the Great Dane’s win of this year’s Albany Cup; and WHEREAS, UAlbany Men’s Basketball victoriously proved their tenacity and prowess through this 70-60 defeat of their longtime rivals; and WHEREAS, the Siena dome was illuminated a glorious Great Dane purple across their Loudonville campus to symbolize UAlbany’s momentous win; and WHEREAS, this success is reflective of the extraordinary dedication these athletes have to their rigorous training while balancing their academic coursework; and WHEREAS, this team’s accomplishments are also owed to their incredible coaches’ commitment to developing outstanding athletes; and WHEREAS, the combined efforts that made this achievement possible is an inspiration for students, athletes, and collegiate basketball fans alike; and WHEREAS, this Albany Cup win is a triumph not only for the university, but for the entire City of Albany; and NOW, THEREFORE, BE IT RESOLVED, the City of Albany Common Council recognizes the significance of this Albany Cup win and commends the University at Albany Men’s Basketball team for their impressive game; and BE IT FURTHER RESOLVED that a copy of this resolution be presented to the team and coaches as a symbol of the City of Albany’s recognition and support of their accomplishments. To: Shaniqua Jackson, City Clerk From: Alyssa Kamara, Junior Policy Analyst Re: Supporting Memorandum Date: November 7, 2024 Sponsors: Council Members Adams Resolution 140.122.24R TITLE A RESOLUTION OF THE ALBANY COMMON COUNCIL CELEBRATING THE UALBANY MEN’S BASKETBALL TEAM RETAINING THE ALBANY CUP GENERAL PURPOSE OF LEGISLATION To officially express the congratulations of the Common Council. FISCAL IMPACT(S) N/A AGREEMENT FOR PAYMENT IN LIEU OF TAXES BETWEEN THE CITY OF ALBANY and CAPITOL HOUSING DEVELOPMENT FUND COMPANY, INC. SOUTH MALL TOWERS, LLC THIS AGREEMENT (“Agreement”) for payment in lieu of taxes (“PILOT”), dated this ____ day of ____________, 20__, by and between the CITY OF ALBANY, a municipal corporation organized and existing under the laws of the State of New York and having its principal offices at City Hall, 24 Eagle Street, Albany, New York 12207 (the “City”), CAPITOL HOUSING DEVELOPMENT FUND COMPANY, INC., a corporation organized under the Not-for-Profit Corporation Law and Article 11 of the Private Housing Finance Law, having its principal office at ______________ (the “HDFC”), and SOUTH MALL TOWERS, LLC, a limited liability company organized and existing under the laws of the State of New York, having its principal place of business at _______________ (collectively the “Company”). WHEREAS, the HDFC is a corporation established pursuant to section 402 of the Not-for- Profit Corporation law and Article XI of the Private Housing Finance Law (“PHFL”); and WHEREAS, the HDFC is a “housing development fund company” as that term is defined in section 572 of the PHFL; and WHEREAS, the HDFC has been organized exclusively for the charitable purpose of providing housing accommodations to persons and families of low income; and WHEREAS, the HDFC is a special housing development fund member of the Company; and WHEREAS, the Company’s and the HDFC’s plan for the use of the property hereinafter consists of the redevelopment of 345 affordable residential rental units and constitutes a “housing project” as that term is defined in section 572 of the PHFL (the “Project”) located at 99-101 South Pearl Street in the City of Albany; and WHEREAS, the HDFC is the nominal fee owner of the Property; and 1 WHEREAS, the Company is a “housing development fund company” as that term is defined in section 572 of the PHFL and shall remain so during the entire term of this Agreement; and WHEREAS, by Resolution 137.122.24R, adopted the ____ day of __________, 20__, the Common Council of the City of Albany approved and authorized the execution of this Agreement; NOW, therefore, it is agreed as follows: 1. For the term of this PILOT Agreement, the Company shall maintain 99-101 South Pearl Street, comprised of tax map parcel numbers __________, __________, __________, __________, and __________, and more fully described in Schedule A, annexed hereto, (the “subject property”) as affordable rental housing as such term is described in the PHFL. 2. Pursuant to section 577 of the PHFL, the property listed in paragraph 1 and described more fully in Schedule A shall be exempt from city, school, and county real property taxes, other than assessments for local improvements and/or special assessments that may be levied against the Company, to which the Company expressly agrees. 3. This tax exemption will operate for a period of thirty-three (33) years from the date of receipt of a Certificate of Occupancy for the Project, unless terminated sooner pursuant to paragraph 8 of this Agreement. The Agreement shall neither limit nor restrict the Company’s or the HDFC’s right to apply for or obtain any other tax exemption to which it might be entitled upon the expiration of this Agreement. 4. So long as the exemption granted herein continues, the Company will pay to the City, in lieu of real estate taxes, for distribution between the City, the City School District of Albany, and the County of Albany, as follows: (a) Amount: The amount of such annual payments in lieu of taxes shall be five percent (5%) of the annual shelter rent of the Project. Shelter rent shall mean the total rents received from the occupants of the Project, including any rent supplements and subsidies received from the federal, state, or local government on behalf of the occupants, less the cost of providing electricity, gas, heat, and other utilities to the occupants of the subject property. The Company shall supply the City with a copy of its audited financial statements for the prior calendar year by May 1 as the basis for the annual payment calculation. The aforementioned payments shall cover all local and municipal taxes, other than assessments for local improvements and special ad valorem districts, owned in connection with the Property and the Project. (b) Payable: The Company shall make payment under this Agreement thirty (30) days from receipt of an invoice from the City, in an amount calculated pursuant to subparagraph (a) of this paragraph for the prior calendar year, commencing with the first year 2 following receipt of a Certificate of Occupancy for the Project, directly to the Treasurer of the City of Albany for disbursement among all taxing jurisdictions. (c) Disclosure: The Company shall annually obtain and provide to the City audited financial statements and an audit of its compliance with all terms of this Agreement and of Article XI of the PHFL, prepared by an independent certified public accountant. The City shall, upon reasonable notice, have access to all documents and records of the Project, including computerized records, on an ongoing basis. Such records shall include all tenant eligibility records and financial records. The City shall be permitted to inspect the property upon request. 5. Failure to make the required payment will be treated as a failure to make payment of taxes and will be governed by the same provisions of law as apply to the failure to make payment of taxes. 6. This Agreement specifically excludes any assessment for local improvements and any special assessments that may be levied against the Property. The Company agrees to pay any such assessments for local improvements and special assessments in addition to the payments described in paragraph 4, above. 7. Nothing in this Agreement shall prevent the HDFC or the Company from grieving or challenging the real property tax assessment of the Property. 8. The tax exemption provided by this Agreement will continue for the term provided above, provided that (a) the Property continues to be used as housing accommodation for persons of low income; and (b) that the Company and the HDFC operate the Property in conformance with Article XI of the PHFL. If the Company or HDFC violate any portion of this Agreement, and such violation is not cured with sixty (60) days after written notification of such violation from the City, the Agreement shall be considered terminated. 9. Notwithstanding anything contained herein to the contrary, the City shall furnish or cause to be furnished to the Company, the HDFC, and residents of the Project public services and facilities of the same character and to the same extent as are furnished from time to time without cost or charge to other dwellings and inhabitants in the City. 10. All notices and other communications hereunder shall be in writing and shall be considered sufficiently given when delivered to the applicable address stated above (or such other address as the party to whom notice is given shall have specified to the party giving notice) by reregistered or certified mail, return receipt requested or by such other means as shall provide the sender with documentary evidence of such delivery. 11. This Agreement shall inure to the benefit of and shall be binding upon the City, the Company, the HDFC, and their respective successors and assigns, including the successors in interest of the HDFC and the Company. 3 12. If any provision of this Agreement or its application is held invalid or unenforceable to any extent, the remainder of this Agreement and the application of that provision to other persons or circumstances shall be enforced to the greatest extent permitted by law. 13. This Agreement may be executed in any number of counterparts with the same effect as if all the signing parties had signed the same document. All counterparts shall be construed together and shall constitute the same instrument. 14. This Agreement constitutes the entire agreement of the parties relating to payment in lieu of taxes with respect to the above-described subject property and supersedes all prior contracts or agreements, whether oral or written, with respect thereto. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed in their respective names by their duly authorized representatives, all as of the date above written. Dated: ______________________ CITY OF ALBANY, NEW YORK ____________________________________ Kathy M. Sheehan Mayor Dated: ______________________ CAPITOL HOUSING DEVELOPMENT FUND COMPANY, INC. ____________________________________ [Name] [Title] Dated: ______________________ SOUTH MALL TOWERS, LLC ____________________________________ [Name] [Title] 4 Agency Use Only [If applicable] Full Environmental Assessment Form Project : Washington Park Playground Part 2 - Identification of Potential Project Impacts Date : 6/24/24 Part 2 is to be completed by the lead agency. Part 2 is designed to help the lead agency inventory all potential resources that could be affected by a proposed project or action. We recognize that the lead agency=s reviewer(s) will not necessarily be environmental professionals. So, the questions are designed to walk a reviewer through the assessment process by providing a series of questions that can be answered using the information found in Part 1. To further assist the lead agency in completing Part 2, the form identifies the most relevant questions in Part 1 that will provide the information needed to answer the Part 2 question. When Part 2 is completed, the lead agency will have identified the relevant environmental areas that may be impacted by the proposed activity. If the lead agency is a state agency and the action is in any Coastal Area, complete the Coastal Assessment Form before proceeding with this assessment. Tips for completing Part 2: • Review all of the information provided in Part 1. • Review any application, maps, supporting materials and the Full EAF Workbook. • Answer each of the 18 questions in Part 2. • If you answer “Yes” to a numbered question, please complete all the questions that follow in that section. • If you answer “No” to a numbered question, move on to the next numbered question. • Check appropriate column to indicate the anticipated size of the impact. • Proposed projects that would exceed a numeric threshold contained in a question should result in the reviewing agency checking the box “Moderate to large impact may occur.” • The reviewer is not expected to be an expert in environmental analysis. • If you are not sure or undecided about the size of an impact, it may help to review the sub-questions for the general question and consult the workbook. • When answering a question consider all components of the proposed activity, that is, the Awhole action@. • Consider the possibility for long-term and cumulative impacts as well as direct impacts. • Answer the question in a reasonable manner considering the scale and context of the project. 1. Impact on Land Proposed action may involve construction on, or physical alteration of, † NO † YES ✔ the land surface of the proposed site. (See Part 1. D.1) If “Yes”, answer questions a - j. If “No”, move on to Section 2. Relevant No, or Moderate Part I small to large Question(s) impact impact may may occur occur a. The proposed action may involve construction on land where depth to water table is E2d 9 ✔ 9 less than 3 feet. b. The proposed action may involve construction on slopes of 15% or greater. E2f 9 9 ✔ c. The proposed action may involve construction on land where bedrock is exposed, or E2a 9 ✔ 9 generally within 5 feet of existing ground surface. d. The proposed action may involve the excavation and removal of more than 1,000 tons D2a 9 9 ✔ of natural material. e. The proposed action may involve construction that continues for more than one year D1e 9 9 ✔ or in multiple phases. f. The proposed action may result in increased erosion, whether from physical D2e, D2q 9 ✔ 9 disturbance or vegetation removal (including from treatment by herbicides). g. The proposed action is, or may be, located within a Coastal Erosion hazard area. B1i 9 ✔ 9 h. Other impacts: _______________________________________________________ 9 9 ___________________________________________________________________ Page 1 of 10 FEAF 2019 2. Impact on Geological Features The proposed action may result in the modification or destruction of, or inhibit access to, any unique or unusual land forms on the site (e.g., cliffs, dunes, † NO ✔ † YES minerals, fossils, caves). (See Part 1. E.2.g) If “Yes”, answer questions a - c. If “No”, move on to Section 3. Relevant No, or Moderate Part I small to large Question(s) impact impact may may occur occur a. Identify the specific land form(s) attached: ________________________________ E2g 9 9 ___________________________________________________________________ b. The proposed action may affect or is adjacent to a geological feature listed as a E3c 9 9 registered National Natural Landmark. Specific feature: _____________________________________________________ c. Other impacts: ______________________________________________________ 9 9 ___________________________________________________________________ 3. Impacts on Surface Water The proposed action may affect one or more wetlands or other surface water † NO ✔ † YES bodies (e.g., streams, rivers, ponds or lakes). (See Part 1. D.2, E.2.h) If “Yes”, answer questions a - l. If “No”, move on to Section 4. Relevant No, or Moderate Part I small to large Question(s) impact impact may may occur occur a. The proposed action may create a new water body. D2b, D1h 9 9 b. The proposed action may result in an increase or decrease of over 10% or more than a D2b 9 9 10 acre increase or decrease in the surface area of any body of water. c. The proposed action may involve dredging more than 100 cubic yards of material D2a 9 9 from a wetland or water body. d. The proposed action may involve construction within or adjoining a freshwater or E2h 9 9 tidal wetland, or in the bed or banks of any other water body. e. The proposed action may create turbidity in a waterbody, either from upland erosion, D2a, D2h 9 9 runoff or by disturbing bottom sediments. f. The proposed action may include construction of one or more intake(s) for withdrawal D2c 9 9 of water from surface water. g. The proposed action may include construction of one or more outfall(s) for discharge D2d 9 9 of wastewater to surface water(s). h. The proposed action may cause soil erosion, or otherwise create a source of D2e 9 9 stormwater discharge that may lead to siltation or other degradation of receiving water bodies. i. The proposed action may affect the water quality of any water bodies within or E2h 9 9 downstream of the site of the proposed action. j. The proposed action may involve the application of pesticides or herbicides in or D2q, E2h 9 9 around any water body. k. The proposed action may require the construction of new, or expansion of existing, D1a, D2d 9 9 wastewater treatment facilities. Page 2 of 10 l. Other impacts: _______________________________________________________ 9 9 ___________________________________________________________________ 4. Impact on groundwater The proposed action may result in new or additional use of ground water, or † NO ✔ † YES may have the potential to introduce contaminants to ground water or an aquifer. (See Part 1. D.2.a, D.2.c, D.2.d, D.2.p, D.2.q, D.2.t) If “Yes”, answer questions a - h. If “No”, move on to Section 5. Relevant No, or Moderate Part I small to large Question(s) impact impact may may occur occur a. The proposed action may require new water supply wells, or create additional demand D2c 9 9 on supplies from existing water supply wells. b. Water supply demand from the proposed action may exceed safe and sustainable D2c 9 9 withdrawal capacity rate of the local supply or aquifer. Cite Source: ________________________________________________________ c. The proposed action may allow or result in residential uses in areas without water and D1a, D2c 9 9 sewer services. d. The proposed action may include or require wastewater discharged to groundwater. D2d, E2l 9 9 e. The proposed action may result in the construction of water supply wells in locations D2c, E1f, 9 9 where groundwater is, or is suspected to be, contaminated. E1g, E1h f. The proposed action may require the bulk storage of petroleum or chemical products D2p, E2l 9 9 over ground water or an aquifer. g. The proposed action may involve the commercial application of pesticides within 100 E2h, D2q, 9 9 feet of potable drinking water or irrigation sources. E2l, D2c h. Other impacts: ______________________________________________________ 9 9 __________________________________________________________________ 5. Impact on Flooding The proposed action may result in development on lands subject to flooding. † NO ✔ † YES (See Part 1. E.2) If “Yes”, answer questions a - g. If “No”, move on to Section 6. Relevant No, or Moderate Part I small to large Question(s) impact impact may may occur occur a. The proposed action may result in development in a designated floodway. E2i 9 9 b. The proposed action may result in development within a 100 year floodplain. E2j 9 9 c. The proposed action may result in development within a 500 year floodplain. E2k 9 9 d. The proposed action may result in, or require, modification of existing drainage D2b, D2e 9 9 patterns. e. The proposed action may change flood water flows that contribute to flooding. D2b, E2i, 9 9 E2j, E2k f. If there is a dam located on the site of the proposed action, is the dam in need of repair, E1e 9 9 or upgrade? Page 3 of 10 g. Other impacts: ______________________________________________________ 9 9 ___________________________________________________________________ 6. Impacts on Air The proposed action may include a state regulated air emission source. † ✔ NO † YES (See Part 1. D.2.f., D.2.h, D.2.g) If “Yes”, answer questions a - f. If “No”, move on to Section 7. Relevant No, or Moderate Part I small to large Question(s) impact impact may may occur occur a. If the proposed action requires federal or state air emission permits, the action may also emit one or more greenhouse gases at or above the following levels: i. More than 1000 tons/year of carbon dioxide (CO2) D2g 9 9 ii. More than 3.5 tons/year of nitrous oxide (N2O) D2g 9 9 iii. More than 1000 tons/year of carbon equivalent of perfluorocarbons (PFCs) D2g 9 9 iv. More than .045 tons/year of sulfur hexafluoride (SF6) D2g 9 9 D2g 9 9 v. More than 1000 tons/year of carbon dioxide equivalent of hydrochloroflourocarbons (HFCs) emissions vi. 43 tons/year or more of methane D2h 9 9 b. The proposed action may generate 10 tons/year or more of any one designated D2g 9 9 hazardous air pollutant, or 25 tons/year or more of any combination of such hazardous air pollutants. c. The proposed action may require a state air registration, or may produce an emissions D2f, D2g 9 9 rate of total contaminants that may exceed 5 lbs. per hour, or may include a heat source capable of producing more than 10 million BTU=s per hour. d. The proposed action may reach 50% of any of the thresholds in “a” through “c”, D2g 9 9 above. e. The proposed action may result in the combustion or thermal treatment of more than 1 D2s 9 9 ton of refuse per hour. f. Other impacts: ______________________________________________________ 9 9 __________________________________________________________________ 7. Impact on Plants and Animals The proposed action may result in a loss of flora or fauna. (See Part 1. E.2. m.-q.) † NO ✔ † YES If “Yes”, answer questions a - j. If “No”, move on to Section 8. Relevant No, or Moderate Part I small to large Question(s) impact impact may may occur occur a. The proposed action may cause reduction in population or loss of individuals of any E2o 9 9 threatened or endangered species, as listed by New York State or the Federal government, that use the site, or are found on, over, or near the site. b. The proposed action may result in a reduction or degradation of any habitat used by E2o 9 9 any rare, threatened or endangered species, as listed by New York State or the federal government. c. The proposed action may cause reduction in population, or loss of individuals, of any E2p 9 9 species of special concern or conservation need, as listed by New York State or the Federal government, that use the site, or are found on, over, or near the site. d. The proposed action may result in a reduction or degradation of any habitat used by E2p 9 9 any species of special concern and conservation need, as listed by New York State or the Federal government. Page 4 of 10 e. The proposed action may diminish the capacity of a registered National Natural E3c 9 9 Landmark to support the biological community it was established to protect. f. The proposed action may result in the removal of, or ground disturbance in, any E2n 9 9 portion of a designated significant natural community. Source: ____________________________________________________________ g. The proposed action may substantially interfere with nesting/breeding, foraging, or E2m 9 9 over-wintering habitat for the predominant species that occupy or use the project site. h. The proposed action requires the conversion of more than 10 acres of forest, 9 9 E1b grassland or any other regionally or locally important habitat. Habitat type & information source: ______________________________________ __________________________________________________________________ i. Proposed action (commercial, industrial or recreational projects, only) involves use of D2q 9 9 herbicides or pesticides. j. Other impacts: ______________________________________________________ 9 9 __________________________________________________________________ 8. Impact on Agricultural Resources The proposed action may impact agricultural resources. (See Part 1. E.3.a. and b.) † NO ✔ † YES If “Yes”, answer questions a - h. If “No”, move on to Section 9. Relevant No, or Moderate Part I small to large Question(s) impact impact may may occur occur a. The proposed action may impact soil classified within soil group 1 through 4 of the E2c, E3b 9 9 NYS Land Classification System. b. The proposed action may sever, cross or otherwise limit access to agricultural land E1a, Elb 9 9 (includes cropland, hayfields, pasture, vineyard, orchard, etc). c. The proposed action may result in the excavation or compaction of the soil profile of E3b 9 9 active agricultural land. d. The proposed action may irreversibly convert agricultural land to non-agricultural E1b, E3a 9 9 uses, either more than 2.5 acres if located in an Agricultural District, or more than 10 acres if not within an Agricultural District. e. The proposed action may disrupt or prevent installation of an agricultural land El a, E1b 9 9 management system. f. The proposed action may result, directly or indirectly, in increased development C2c, C3, 9 9 potential or pressure on farmland. D2c, D2d g. The proposed project is not consistent with the adopted municipal Farmland C2c 9 9 Protection Plan. h. Other impacts: ________________________________________________________ 9 9 Page 5 of 10 9. Impact on Aesthetic Resources The land use of the proposed action are obviously different from, or are in † NO ✔ † YES sharp contrast to, current land use patterns between the proposed project and a scenic or aesthetic resource. (Part 1. E.1.a, E.1.b, E.3.h.) If “Yes”, answer questions a - g. If “No”, go to Section 10. Relevant No, or Moderate Part I small to large Question(s) impact impact may may occur occur a. Proposed action may be visible from any officially designated federal, state, or local E3h 9 9 scenic or aesthetic resource. b. The proposed action may result in the obstruction, elimination or significant E3h, C2b 9 9 screening of one or more officially designated scenic views. c. The proposed action may be visible from publicly accessible vantage points: E3h i. Seasonally (e.g., screened by summer foliage, but visible during other seasons) 9 9 ii. Year round 9 9 d. The situation or activity in which viewers are engaged while viewing the proposed E3h action is: E2q, i. Routine travel by residents, including travel to and from work 9 9 ii. Recreational or tourism based activities E1c 9 9 e. The proposed action may cause a diminishment of the public enjoyment and E3h 9 9 appreciation of the designated aesthetic resource. f. There are similar projects visible within the following distance of the proposed D1a, E1a, 9 9 project: D1f, D1g 0-1/2 mile ½ -3 mile 3-5 mile 5+ mile g. Other impacts: ______________________________________________________ 9 9 __________________________________________________________________ 10. Impact on Historic and Archeological Resources The proposed action may occur in or adjacent to a historic or archaeological † NO † YES ✔ resource. (Part 1. E.3.e, f. and g.) If “Yes”, answer questions a - e. If “No”, go to Section 11. Relevant No, or Moderate Part I small to large Question(s) impact impact may may occur occur a. The proposed action may occur wholly or partially within, or substantially contiguous to, any buildings, archaeological site or district which is listed on the National or E3e 9 9 ✔ State Register of Historical Places, or that has been determined by the Commissioner of the NYS Office of Parks, Recreation and Historic Preservation to be eligible for listing on the State Register of Historic Places. b. The proposed action may occur wholly or partially within, or substantially contiguous E3f 9 9 ✔ to, an area designated as sensitive for archaeological sites on the NY State Historic Preservation Office (SHPO) archaeological site inventory. c. The proposed action may occur wholly or partially within, or substantially contiguous E3g 9 ✔ 9 to, an archaeological site not included on the NY SHPO inventory. Source: ____________________________________________________________ Page 6 of 10 d. Other impacts: ______________________________________________________ 9 9 __________________________________________________________________ If any of the above (a-d) are answered “Moderate to large impact may e. occur”, continue with the following questions to help support conclusions in Part 3: i. The proposed action may result in the destruction or alteration of all or part E3e, E3g, 9 ✔ 9 of the site or property. E3f ii. The proposed action may result in the alteration of the property’s setting or E3e, E3f, 9 ✔ 9 integrity. E3g, E1a, E1b iii. The proposed action may result in the introduction of visual elements which E3e, E3f, 9 ✔ 9 are out of character with the site or property, or may alter its setting. E3g, E3h, C2, C3 11. Impact on Open Space and Recreation The proposed action may result in a loss of recreational opportunities or a † NO ✔ † YES reduction of an open space resource as designated in any adopted municipal open space plan. (See Part 1. C.2.c, E.1.c., E.2.q.) If “Yes”, answer questions a - e. If “No”, go to Section 12. Relevant No, or Moderate Part I small to large Question(s) impact impact may may occur occur a. The proposed action may result in an impairment of natural functions, or “ecosystem D2e, E1b 9 9 services”, provided by an undeveloped area, including but not limited to stormwater E2h, storage, nutrient cycling, wildlife habitat. E2m, E2o, E2n, E2p b. The proposed action may result in the loss of a current or future recreational resource. C2a, E1c, 9 9 C2c, E2q c. The proposed action may eliminate open space or recreational resource in an area C2a, C2c 9 9 with few such resources. E1c, E2q d. The proposed action may result in loss of an area now used informally by the C2c, E1c 9 9 community as an open space resource. e. Other impacts: _____________________________________________________ 9 9 _________________________________________________________________ 12. Impact on Critical Environmental Areas The proposed action may be located within or adjacent to a critical † NO ✔ † YES environmental area (CEA). (See Part 1. E.3.d) If “Yes”, answer questions a - c. If “No”, go to Section 13. Relevant No, or Moderate Part I small to large Question(s) impact impact may may occur occur a. The proposed action may result in a reduction in the quantity of the resource or E3d 9 9 characteristic which was the basis for designation of the CEA. b. The proposed action may result in a reduction in the quality of the resource or E3d 9 9 characteristic which was the basis for designation of the CEA. c. Other impacts: ______________________________________________________ 9 9 __________________________________________________________________ Page 7 of 10 13. Impact on Transportation The proposed action may result in a change to existing transportation systems. † NO ✔ † YES (See Part 1. D.2.j) If “Yes”, answer questions a - f. If “No”, go to Section 14. Relevant No, or Moderate Part I small to large Question(s) impact impact may may occur occur a. Projected traffic increase may exceed capacity of existing road network. D2j 9 9 b. The proposed action may result in the construction of paved parking area for 500 or D2j 9 9 more vehicles. c. The proposed action will degrade existing transit access. D2j 9 9 d. The proposed action will degrade existing pedestrian or bicycle accommodations. D2j 9 9 e. The proposed action may alter the present pattern of movement of people or goods. D2j 9 9 f. Other impacts: ______________________________________________________ 9 9 __________________________________________________________________ 14. Impact on Energy The proposed action may cause an increase in the use of any form of energy. † NO ✔ † YES (See Part 1. D.2.k) If “Yes”, answer questions a - e. If “No”, go to Section 15. Relevant No, or Moderate Part I small to large Question(s) impact impact may may occur occur a. The proposed action will require a new, or an upgrade to an existing, substation. D2k 9 9 b. The proposed action will require the creation or extension of an energy transmission D1f, 9 9 or supply system to serve more than 50 single or two-family residences or to serve a D1q, D2k commercial or industrial use. c. The proposed action may utilize more than 2,500 MWhrs per year of electricity. D2k 9 9 d. The proposed action may involve heating and/or cooling of more than 100,000 square D1g 9 9 feet of building area when completed. e. Other Impacts: ________________________________________________________ ____________________________________________________________________ 15. Impact on Noise, Odor, and Light The proposed action may result in an increase in noise, odors, or outdoor lighting. † NO ✔ † YES (See Part 1. D.2.m., n., and o.) If “Yes”, answer questions a - f. If “No”, go to Section 16. Relevant No, or Moderate Part I small to large Question(s) impact impact may may occur occur a. The proposed action may produce sound above noise levels established by local D2m 9 9 regulation. b. The proposed action may result in blasting within 1,500 feet of any residence, D2m, E1d 9 9 hospital, school, licensed day care center, or nursing home. c. The proposed action may result in routine odors for more than one hour per day. D2o 9 9 Page 8 of 10 d. The proposed action may result in light shining onto adjoining properties. D2n 9 9 e. The proposed action may result in lighting creating sky-glow brighter than existing D2n, E1a 9 9 area conditions. f. Other impacts: ______________________________________________________ 9 9 __________________________________________________________________ 16. Impact on Human Health The proposed action may have an impact on human health from exposure † NO ✔ † YES to new or existing sources of contaminants. (See Part 1.D.2.q., E.1. d. f. g. and h.) If “Yes”, answer questions a - m. If “No”, go to Section 17. Relevant No,or Moderate Part I small to large Question(s) impact impact may may cccur occur a. The proposed action is located within 1500 feet of a school, hospital, licensed day E1d 9 9 care center, group home, nursing home or retirement community. b. The site of the proposed action is currently undergoing remediation. E1g, E1h 9 9 c. There is a completed emergency spill remediation, or a completed environmental site E1g, E1h 9 9 remediation on, or adjacent to, the site of the proposed action. d. The site of the action is subject to an institutional control limiting the use of the E1g, E1h 9 9 property (e.g., easement or deed restriction). e. The proposed action may affect institutional control measures that were put in place E1g, E1h 9 9 to ensure that the site remains protective of the environment and human health. f. The proposed action has adequate control measures in place to ensure that future D2t 9 9 generation, treatment and/or disposal of hazardous wastes will be protective of the environment and human health. g. The proposed action involves construction or modification of a solid waste D2q, E1f 9 9 management facility. h. The proposed action may result in the unearthing of solid or hazardous waste. D2q, E1f 9 9 i. The proposed action may result in an increase in the rate of disposal, or processing, of D2r, D2s 9 9 solid waste. j. The proposed action may result in excavation or other disturbance within 2000 feet of E1f, E1g 9 9 a site used for the disposal of solid or hazardous waste. E1h k. The proposed action may result in the migration of explosive gases from a landfill E1f, E1g 9 9 site to adjacent off site structures. l. The proposed action may result in the release of contaminated leachate from the D2s, E1f, 9 9 project site. D2r m. Other impacts: ______________________________________________________ __________________________________________________________________ Page 9 of 10 17. Consistency with Community Plans The proposed action is not consistent with adopted land use plans. † NO ✔ † YES (See Part 1. C.1, C.2. and C.3.) If “Yes”, answer questions a - h. If “No”, go to Section 18. Relevant No, or Moderate Part I small to large Question(s) impact impact may may occur occur a. The proposed action’s land use components may be different from, or in sharp C2, C3, D1a 9 9 contrast to, current surrounding land use pattern(s). E1a, E1b b. The proposed action will cause the permanent population of the city, town or village C2 9 9 in which the project is located to grow by more than 5%. c. The proposed action is inconsistent with local land use plans or zoning regulations. C2, C2, C3 9 9 d. The proposed action is inconsistent with any County plans, or other regional land use C2, C2 9 9 plans. e. The proposed action may cause a change in the density of development that is not C3, D1c, 9 9 supported by existing infrastructure or is distant from existing infrastructure. D1d, D1f, D1d, Elb f. The proposed action is located in an area characterized by low density development C4, D2c, D2d 9 9 that will require new or expanded public infrastructure. D2j g. The proposed action may induce secondary development impacts (e.g., residential or C2a 9 9 commercial development not included in the proposed action) h. Other: _____________________________________________________________ 9 9 __________________________________________________________________ 18. Consistency with Community Character The proposed project is inconsistent with the existing community character. † NO ✔ † YES (See Part 1. C.2, C.3, D.2, E.3) If “Yes”, answer questions a - g. If “No”, proceed to Part 3. Relevant No, or Moderate Part I small to large Question(s) impact impact may may occur occur a. The proposed action may replace or eliminate existing facilities, structures, or areas E3e, E3f, E3g 9 9 of historic importance to the community. b. The proposed action may create a demand for additional community services (e.g. C4 9 9 schools, police and fire) c. The proposed action may displace affordable or low-income housing in an area where C2, C3, D1f 9 9 there is a shortage of such housing. D1g, E1a d. The proposed action may interfere with the use or enjoyment of officially recognized C2, E3 9 9 or designated public resources. e. The proposed action is inconsistent with the predominant architectural scale and C2, C3 9 9 character. f. Proposed action is inconsistent with the character of the existing natural landscape. C2, C3 9 9 E1a, E1b E2g, E2h g. Other impacts: ______________________________________________________ 9 9 __________________________________________________________________ PRINT FULL FORM Page 10 of 10 Agency Use Only [IfApplicable] Project : Washington Park Playground Date : 6/24/24 Full Environmental Assessment Form Part 3 - Evaluation of the Magnitude and Importance of Project Impacts and Determination of Significance Part 3 provides the reasons in support of the determination of significance. The lead agency must complete Part 3 for every question in Part 2 where the impact has been identified as potentially moderate to large or where there is a need to explain why a particular element of the proposed action will not, or may, result in a significant adverse environmental impact. Based on the analysis in Part 3, the lead agency must decide whether to require an environmental impact statement to further assess the proposed action or whether available information is sufficient for the lead agency to conclude that the proposed action will not have a significant adverse environmental impact. By completing the certification on the next page, the lead agency can complete its determination of significance. Reasons Supporting This Determination: To complete this section: • Identify the impact based on the Part 2 responses and describe its magnitude. Magnitude considers factors such as severity, size or extent of an impact. • Assess the importance of the impact. Importance relates to the geographic scope, duration, probability of the impact occurring, number of people affected by the impact and any additional environmental consequences if the impact were to occur. • The assessment should take into consideration any design element or project changes. • Repeat this process for each Part 2 question where the impact has been identified as potentially moderate to large or where there is a need to explain why a particular element of the proposed action will not, or may, result in a significant adverse environmental impact. • Provide the reason(s) why the impact may, or will not, result in a significant adverse environmental impact • For Conditional Negative Declarations identify the specific condition(s) imposed that will modify the proposed action so that no significant adverse environmental impacts will result. • Attach additional sheets, as needed. The Washington Park Playground project replaces a long neglected playground that is out of character with the Park and presents challenges to users with disabilities. The new playground will be built on the site of a former burial ground that was relocated in the 1860s. A comprehensive phase I archaeological report was prepared to evaluate potential impacts on historic resources in the park. The report, included as an attachment to these findings, documents conditions and ultimately determines the new playground will have no impact on historical assets within the park. As per city code, and NYSDEC requirements, a full Storm Water Pollution Prevention Plan (SWPPP) will be required and the project will only advance under permit coverage from NYSDEC. Other than archaeological impacts, of which there are none, and storm water controls - which are regulated - there are no potential adverse impacts the project may have on the environment or public health. The project should receive a negative declaration. Determination of Significance - Type 1 and Unlisted Actions SEQR Status: † Type 1 † Unlisted Identify portions of EAF completed for this Project: † ✔ Part 1 † ✔ Part 2 † ✔ Part 3 FEAF 2019 Upon review of the information recorded on this EAF, as noted, plus this additional support information The City Common council finds the records complete and thorough. and considering both the magnitude and importance of each identified potential impact, it is the conclusion of the City Of Albany Common Council as lead agency that: † ✔ A. This project will result in no significant adverse impacts on the environment, and, therefore, an environmental impact statement need not be prepared. Accordingly, this negative declaration is issued. † B. Although this project could have a significant adverse impact on the environment, that impact will be avoided or substantially mitigated because of the following conditions which will be required by the lead agency: There will, therefore, be no significant adverse impacts from the project as conditioned, and, therefore, this conditioned negative declaration is issued. A conditioned negative declaration may be used only for UNLISTED actions (see 6 NYCRR 617.7(d)). † C. This Project may result in one or more significant adverse impacts on the environment, and an environmental impact statement must be prepared to further assess the impact(s) and possible mitigation and to explore alternatives to avoid or reduce those impacts. Accordingly, this positive declaration is issued. Name of Action: Name of Lead Agency: Name of Responsible Officer in Lead Agency: Title of Responsible Officer: Signature of Responsible Officer in Lead Agency: Date: Signature of Preparer (if different from Responsible Officer) Date: For Further Information: Contact Person: Address: Telephone Number: E-mail: For Type 1 Actions and Conditioned Negative Declarations, a copy of this Notice is sent to: Chief Executive Officer of the political subdivision in which the action will be principally located (e.g., Town / City / Village of) Other involved agencies (if any) Applicant (if any) Environmental Notice Bulletin: http://www.dec.ny.gov/enb/enb.html PRINT FULL FORM Page 2 of 2 COMMON COUNCIL OF THE CITY OF ALBANY ACTIVE LEGISLATION PREVIOUSLY INTRODUCED LEGISLATION NOW UNDER CONSIDERATION DECEMBER 16, 2024 LOCAL LAWS F OF 2024 A LOCAL LAW CREATING A NEW CHAPTER 50 (ETHICS) OF THE CODE OF THE CITY OF ALBANY BY ESTABLISHING A CODE OF ETHICS FOR THE CITY OF ALBANY AND A BOARD OF ETHICS Council Member Farrell introduced the following: LOCAL LAW F OF 2024 (Pending Amendment 12/16/2024) A LOCAL LAW CREATING A NEW CHAPTER 50 (ETHICS) OF THE CODE OF THE CITY OF ALBANY BY ESTABLISHING A CODE OF ETHICS FOR THE CITY OF ALBANY AND A BOARD OF ETHICS Be it enacted, by the Common Council of the City of Albany, as follows: Section 1. Part 1 (Administrative Legislation) Code of the City of Albany is hereby amended by adding a Chapter 50, to be entitled “Ethics,” thereto, to read as follows: CHAPTER 50 Ethics Article I Board of Ethics § 50-1 Establishment of Board. There is hereby established a Board of Ethics consisting of five members and one ex-officio member: three voting members to be appointed by the Common Council, two voting members to be appointed by the Mayor, and one ex-officio member who is an officer or employee of the City of Albany designated by the Mayor, all of whom shall serve without compensation. A majority of such members shall be persons other than officers or employees of the city. Each member shall be appointed for a term of three (3) years; provided, however, that: A. Of members initially appointed by the Mayor, one shall be for one year and one shall be for two years. B. Of members initially appointed by the Common Council, one shall be for one year, one shall be for two years, and one shall be for three years. § 50-2 Board of ethics; powers and duties. The Board of Ethics shall have the powers and duties prescribed by Article 18 of the General Municipal Law and shall render advisory opinions to the officers and employees of the City with respect to Article 18 of the General Municipal Law and Article II (Code of Ethics) of this chapter. Such advisory opinions shall be rendered pursuant to the written request of any such officer or employee under such rules and regulations as the Board may prescribe and shall be made with the advice of the Corporation Counsel. In addition, the Board shall make recommendations with respect to amendments to the Code of Ethics by request of the Common Council and perform other actions as set forth by this Chapter. Article II Code of Ethics § 50-3 Adopted; purpose; applicability. Pursuant to the provisions of Section 806 of the General Municipal Law, the Common Council of the City of Albany recognizes that there are rules of ethical conduct for public officers and employees which must be observed to maintain a high degree of moral conduct and public confidence in our municipality. The purpose of this chapter is to promulgate these rules of ethical conduct for the officers and employees of the City of Albany. These rules shall serve as the guide for official conduct of the officers and employees of the City of Albany. This Code shall be in addition to all other legal restrictions, standards and provisions pertaining to the conduct of City officers and employees. § 50-4 Applicability of other laws. The standards, prohibited acts and procedures established herein are in addition to any prohibited acts, conflicts of interest, provisions or procedures prescribed by statute by the State of New York and also in addition to the common law rules and judicial decisions relating to the conduct of municipal officers to the extent the same are more severe in their application than this chapter. § 50-5 Definitions. As used in this chapter, the following terms shall have the meanings indicated: APPROPRIATE BODY The City of Albany Board of Ethics. CITY The City of Albany. INTEREST A direct or indirect pecuniary or material benefit accruing to an officer or employee, or their relative. This includes a firm; partnership; association; or corporation, including a nonprofit corporation; of which such officer, employee, or relative exercises administrative discretion or has direct or indirect ownership of more than 5% of capital assets. LEGISLATION A matter which appears on the agenda of the Common Council, or on a committee thereof, on which any official action will be taken, and shall include proposed or adopted acts, local laws, ordinances or resolutions. MUNICIPAL OFFICER OR EMPLOYEE An officer or employee of the City of Albany, whether paid or unpaid, or those members, directors, officers, and employees of any not-for-profit organization if a majority of such organization's members or directors serve by reason of their City positions or if a majority of such organization's officers or directors are appointed by one or more City officers or bodies. In addition, such definition shall extend to any municipal officer's or employee's spouse and relatives. RELATIVE A child, stepchild, parent, stepparent, sibling, stepsibling, or legal guardian of any of said persons, of an officer or employee or of the spouse of the officer or employee. SPOUSE The husband, wife, or domestic partner of an officer or employee, unless living separate and apart pursuant to a judicial order, decree or judgment of separation or a legally binding written agreement of separation in accordance with the Domestic Relations Law. § 50-6 Standards of conduct. A. Conflict of interest. No municipal officer or employee shall have any interest or engage in any business or transaction or professional activity or incur any obligation of any nature, which is in substantial conflict with the proper discharge of their duties in the public interest. B. Disclosure of interest. Each municipal officer and employee shall, to the extent that they are cognizant thereof, disclose, in writing, any interest they may have in legislation or a decision pending before a governing body, department, or board. Such disclosure statement shall be filed with the City Clerk and with the board, agency, commission or governmental organization with whom the conflict arose when the matter requiring disclosure first comes before the municipal officer or employee, or when the municipal officer or employee first acquires knowledge of the interest requiring disclosure, whichever is earlier, and such statement shall become a public record. C. Gifts. No municipal officer or employee shall directly or indirectly solicit any gifts or accept and receive any gift having a value of $75 or more, whether in the form of money, services, loan, travel, entertainment, hospitality, thing or promise, or any other form, under circumstances in which it could reasonably be inferred that the gift was intended to influence them, or could reasonably be expected to influence then in the performance of their official duties or was intended as a reward for any official action on their part. D. Confidential information. No municipal officer or employee shall disclose or use confidential information acquired in the course of exercising or performing their official duties unless the disclosure or use is required by law or in the course of exercising or performing their official powers and duties. For the purpose of this section, confidential information shall include, but not be limited to: 1. Information discussed during an executive session of any body of the City; 2. Personnel records; and 3. Complaints made pursuant to Section 9 of this Chapter. E. Other employment. No municipal officer or employee, during their tenure as a municipal officer or employee, shall accept other employment which shall be in conflict with their official duties. F. Representation before one's own agency. No municipal officer or employee shall receive or enter into any agreement, express or implied, for compensation for services to be rendered in relation to any matter before any municipal agency of which they are an officer, member or employee or of any municipal agency over which they have jurisdiction or to which they have the power to appoint any member, officer or employee. G. Future employment. No former municipal employee or officer shall personally represent any person, company, corporation or agency in a matter in which the former employee personally participated while employed by the City for two years, if such representation would be adverse to the interests of the City. This provision shall not, however, bar the timely filing by a current or former municipal officer or employee of any claim, account, demand, or suit arising out of personal injury, property damage, or any benefit authorized or permitted by law, nor shall it bar the City from hiring, contracting or retaining a former employee as a consultant. § 50-7 Financial disclosure statement. A. Purposes. The purpose of this section is to comply with Section 806 of Article 18 of the General Municipal Law of the State of New York to provide guidelines and criteria for financial disclosure for those persons to whom this section is applicable. B. Application. This section shall apply to the Mayor, members of the Common Council, the City Treasurer, the City Auditor, the City Clerk, the Corporation Counsel and the heads of the various offices and departments of the City. C. Filing. The Clerk’s office shall be the official repository for completed annual statements of financial disclosure and shall provide a statement to that effect with the State Commission on Local Government Ethics. Any person required to file an annual statement by this section shall file the financial disclosure statement with the City Clerk by May 15 of each year for the preceding calendar years. The City Clerk shall retain each financial disclosure statement for six years. In its discretion, the Board of Ethics may grant exceptions with respect to complying with timely filing of such disclosure statements due to justifiable cause or undue hardship. Any such exception shall provide a date beyond which no further extension of time will be granted and be provided, in writing, to the City Clerk. E. Financial disclosure statement. The Board of Ethics shall adopt and, from time to time, may amend a disclosure form, which shall be completed and filed in accordance with this article and Section 806 of the General Municipal Law. § 50-8 Violations. A. Failure to file a financial disclosure. 1. Failure to file a financial disclosure statement by the deadline shall result in the City Clerk issuing an initial warning in writing. Failure to file a financial disclosure statement within 15 days of the issuance of the initial warning shall be deemed a violation of this Code and a civil penalty not to exceed $100 shall be assessed by Corporation Counsel and an additional written warning shall be issued by the City Clerk. 2. Failure to file a financial disclosure statement within 7 days of the issuance of an additional warning shall be deemed a violation of this code and a civil penalty not to exceed $200 shall be assessed by corporation counsel and a new additional written warning shall be issued by the City Clerk. 3. Civil penalties issued under this subsection may be waived by the Board of Ethics in the interest of fairness, such as due to significant or unexpected factors that prevent the person from filing. B. Any person who knowingly and willfully makes a false statement or gives information on such statement that such individual knows to be false shall be assessed a penalty in an amount not to exceed $1,500, and such person may be subject to disciplinary action by the appropriate body. C. In addition to any penalty contained in any other provision of law, any current or former municipal officer or employee who knowingly and intentionally violates any of the provisions of this Code shall be subject to a civil fine up to $10,000 for each violation, as may be determined by the Board of Ethics after consideration of the municipal officer's or employee's two most recent payments for work for or with the City; suspended; or removed from office of employment. D. No person shall induce any other person to violate, attempt to induce any other person to violate, or aid any other person in violating, any provision of the Code of Ethics. Violation of this subsection shall subject such person to a penalty in an amount not to exceed $1,500, and such person may be subject to disciplinary action by the appropriate body. §50-9 Whistleblower protection. A. No municipal officer or employee shall retaliate against any City officer or employee or other person for submitting a complaint to the Board of Ethics or for acting, or refusing to act, as required by the Code of Ethics and Article 18 of the General Municipal Law. B. Any municipal officer or employee who violates Subsection A has committed an ethical violation subject to a penalty under this Code. C. In resolving a complaint alleging that a municipal officer or employee has violated this section, the Board of Ethics may recommend that a retaliatory personnel action be reversed. Article III Administration § 50-10 Distribution of Code of Ethics. Upon adoption of this Code of Ethics, the Mayor shall cause a copy thereof to be distributed to every municipal officer and employee of the City. Failure to distribute any such copy or failure of any municipal officer or employee to receive such copy shall have no effect on the duty of compliance with this Code and all amendments thereof nor the enforcement of provisions hereof. The mayor shall further cause a copy of this Code to be posted conspicuously in each public building under the jurisdiction of the City, along with a copy of Article 18 of the General Municipal Law. Failure to so post shall have no effect on the duty of compliance herewith nor the enforcement provisions hereof. § 50-11 Copy of code of ethics to be filed in the office of the State Comptroller. Within 30 days of the adoption of this Code, the Clerk shall file a copy thereof in the office of the State Comptroller. § 50-12 Advisory opinions. Any questions regarding this chapter shall be submitted to the Board of Ethics, which shall issue an advisory opinion to the Common Council. Should the Board of Ethics determine that such a request is beyond its legal purview, it shall notify the Common Council of its determination. § 50-13 Recusal and abstention. In the event that this chapter prohibits a municipal officer or employee from exercising or performing a power or duty: A. if the power or duty is vested in a municipal officer as a member of a board, then the power or duty shall be exercised or performed by the other members of the board; or B. if the power or duty that is vested in a municipal officer individually, then the power or duty shall be exercised or performed by his or her deputy or, if the officer does not have a deputy, the power or duty shall be performed by another person to whom the officer may lawfully delegate the function; or C. if the power or duty is vested in a municipal employee, he or she must refer the matter to his or her immediate supervisor, and the immediate supervisor shall designate another person to exercise or perform the power or duty. § 50-14 Enforcement. The provisions of this chapter shall be enforced by Corporation Counsel. 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 6TH DAY OF DECEMBER, 2024 _____________________________ Corporation Counsel To: Shaniqua Jackson, City Clerk From: Jake Eisland, Esq., Research Counsel Re: Common Council Legislation Supporting Memorandum Date: May 10, 2024 Sponsor: Council Member Farrell LOCAL LAW F OF 2024 (Pending Amendment 12/16/2024) TITLE A LOCAL LAW CREATING A NEW CHAPTER 50 (ETHICS) OF THE CODE OF THE CITY OF ALBANY BY ESTABLISHING A CODE OF ETHICS FOR THE CITY OF ALBANY AND A BOARD OF ETHICS GENERAL PURPOSE OF LEGISLATION To enact a comprehensive ethics law for the City of Albany. NECESSITY FOR LEGISLATION AND CHANGING EXISTING LAW Ethics laws are crucial to uphold integrity, transparency, and accountability within municipal governance. Such legislation would serve to restore public trust in municipal institutions by establishing clear guidelines and standards for ethical conduct among elected officials, public servants, and city employees. By fostering a culture of ethical behavior, the city can mitigate the risk of corruption, conflicts of interest, and misuse of power, ultimately promoting fair and equitable decision-making processes. Furthermore, a robust ethics law would align Albany with contemporary standards of governance and ensure compliance with legal requirements, demonstrating our commitment to being an ethical municipality committed to serving the best interests of its residents. FISCAL IMPACT TBD.