common council of the city of albany support …

COMMON COUNCIL OF THE CITY OF ALBANY

SUPPORT LEGISLATION

MAY 17, 2021

ORDINANCES

14.52.21 AN ORDINANCE AUTHORIZING THE SALE TO BURKE

COMMUNITY SERVICE CORPORATION OF A PORTION OF

THE CITY-OWNED DELAWARE PAPER STREET AND A

PORTION OF THE CITY-OWNED ALEXANDER PAPER STREET

15.52.21 AN ORDINANCE AMENDING ARTICLE III (PAVEMENT

OPENINGS) OF CHAPTER 323 (STREETS AND SIDEWALKS) OF

THE CODE OF THE CITY OF ALBANY IN RELATION TO THE

OPENING AND REPAIR OF SIDEWALKS, STREETS, AND

OTHER PAVEMENTS

16.52.21 AN ORDINANCE AUTHORIZING THE SALE TO DR. BRENDA

ROBINSON OF THE CITY-OWNED PROPERTY LOCATED AT 21

AND 23 LARK STREET

RESOLUTIONS

46.52.21R RESOLUTION OF THE COMMON COUNCIL ENACTING A

HOME RULE MESSAGE TO THE NEW YORK STATE

LEGISLATURE REQUESTING THE ENACTMENT OF SENATE

BILL NO. 6428 AND ASSEMBLY BILL NO. 3058 ENTITLED: “AN

ACT TO AMEND THE VEHICLE AND TRAFFIC LAW, IN

RELATION TO THE RESIDENTIAL PERMIT PARKING SYSTEM

IN THE CITY OF ALBANY; AND TO AMEND CHAPTER 454 OF

THE LAWS OF 2010 AMENDING THE VEHICLE AND TRAFFIC

LAW RELATING TO AUTHORIZING A PILOT RESIDENTIAL

PARKING PERMIT SYSTEM IN THE CITY OF ALBANY, IN

RELATION TO MAKING SUCH PROVISIONS PERMANENT”

47.52.21R RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF

ALBANY REQUESTING IMMEDIATE ACTION BY OUT STATE

AND FEDERAL OFFICIALS TO UNDERTAKE A THOROUGH

AND COMPLETE EVALUTION OF THE USE OF CHEMICAL GAS

ON INDIVIDUALS BY LAW ENFORCEMENT AND DETERMINE

WHETHER TO BAN ITS USE

Council Members Frederick and Johnson introduced the following:

ORDINANCE 14.52.21

AN ORDINANCE AUTHORIZING THE SALE TO BURKE COMMUNITY SERVICE

CORPORATION OF A PORTION OF THE CITY-OWNED DELAWARE PAPER

STREET AND A PORTION OF THE CITY-OWNED ALEXANDER PAPER STREET

The City of Albany, in Common Council convened, does hereby ordain and enact:

Section 1. It is hereby ordered and directed that all the right, title and interest of the City

of Albany in and to a 0.42± acre portion of the Delaware Paper Street, which portion borders 254

South Swan Street and 99 Slingerland Street, and is more fully described in the legal description

and survey map attached hereto, be sold at private sale pursuant to the provisions of Local Law

No. 4 of 1984 to Burke Community Service Corporation.

SUBJECT to all easements, restrictions, and rights of way of record.

Section 2. It is hereby ordered and directed that all the right, title and interest of the city of

Albany in and to a 0.93± acre portion of the Alexander Paper Street, which portion borders 150-

168 Third Avenue, 164 South Hawk Street, 180 South Hawk Street, 44 South Dove Street, and

166 Delaware Street, and is more fully described in the legal description and survey map attached

hereto, be sold at private sale pursuant to the provisions of Local Law No. 4 to Burke Community

Service Corporation.


Section 3. It is hereby determined that the aforesaid properties have been abandoned for

municipal or public purposes.

Section 4. The form, content, terms, and conditions of such conveyance shall be approved

by the Corporation Counsel and shall be subject to the approval of the Board of Estimate and

Apportionment, and if approved by said Board, the Mayor is hereby authorized and directed to

execute a proper deed of conveyance for valuable consideration.

Section 5. This ordinance shall take effect immediately.

APPROVED AS TO FORM THIS

7TH DAY OF MAY, 2021

________________________________

Corporation Counsel

To: Danielle Gillespie, City Clerk

From: Brett Williams, Esq., Sr. Assistant Corporation Counsel

Re: Request for Common Council Legislation

Supporting Memorandum

Date: May 4, 2021

SPONSOR Council Members Frederick and Johnson

ORDINANCE 14.52.21

TITLE AN ORDINANCE OF THE COMMON COUNCIL AUTHORIZING THE SALE TO BURKE

COMMUNITY SERVICE CORPORATION OF A PORTION OF THE CITY-OWNED

DELAWARE PAPER STREET AND A PORTION OF THE CITY-OWNED ALEXANDER

PAPER STREET

GENERAL PURPOSE OF LEGISLATION Green Tech Charter High School currently leases its building(s) and grounds from Burke

Community Service Corporation, an entity under the aegis of the Roman Catholic Diocese of

Albany. Green Tech is in the process of attempting to purchase from the Diocese the land and

building(s) it currently leases.

However, there are two paper streets that run through and between the parcels Green Tech seeks

to purchase from the Diocese: the Delaware Paper Street and the Alexander Paper Street. In order

for Green Tech to be able to purchase its entire, contiguous grounds, the City needs to sell portions

of these paper streets to the Diocese, which it will then, in turn, sell to Green Tech.

The portions of the paper streets to be sold are shown shaded in red on the survey map annexed

hereto, and are described more fully in the legal descriptions also attached herewith.

The City will not receive monetary remuneration for this transaction. Instead, in exchange for the

paper streets, the City will receive an easement to construct a walking path where an informal

“goat track” currently exists across the Green Tech/Diocesan property, between the end of South

Swan Street and the cul-de-sac at the end of Boenau Street.

This project and the sale of City-owned property related thereto have received approval from the

Technical Review Committee

NECESSITY FOR LEGISLATION AND CHANGES TO EXISTING LAW

The sale of City-owned property requires Common Council approval.

FISCAL IMPACT(S)

There will be no direct fiscal impact because of this sale. Two appraisal reports prepared by Conti

Appraisal and Consulting are annexed hereto. One report appraises the value of the two paper

streets to be sold at a combined $45,000. The other report ascribes a combined value of $70,000

to the permanent easement rights the City will obtain.

LEGAL DESCRIPTION OF

A PORTION OF ALEXANDER STREET

CITY OF ALBANY, COUNTY OF ALBANY, STATE OF NEW YORK

ALL THAT TRACT, PIECE, OR PARCEL OF LAND, situate, lying and being in the City of

Albany, County of Albany and State of New York:

BEGINNING at a point of intersection between southerly bounds of Alexander Street with the

easterly bounds of Moore Street;

THENCE northerly along the easterly bounds of Moore Street for a distance of 55.00 feet to its

intersection with the northerly bounds of Alexander Street;

THENCE easterly along the northerly bounds of Alexander Street for a distance of 588.2 feet

more or less to its intersection with the easterly bounds of the former South Swan Street right-of-

way (closed by common council July 6, 1969);

THENCE northerly along the easterly bounds of the former South Swan Street right-of-way

(closed by common council July 6, 1969) for a distance of 62 feet more or less to a point 200 feet

southerly of the southerly bounds of Delaware Street;

THENCE easterly, 200 feet south of and parallel to the southerly bounds of Delaware Street for a

distance of 601.77 feet to a point;

THENCE southerly along the lands now or formerly of Creighton Storey Homes LP for a distance

of 50.00 feet to a point;

THENCE westerly continuing along the southerly bounds of Alexander Street for a distance of

452.6 feet to an angle point in the southerly bounds of Alexander Street;

THENCE westerly continuing along the southerly bounds of Alexander Street for a distance of

472.3 feet to the point the POINT OF BEGINNING.

SUBJECT TO maintenance, repair and/or replacement of any City of Albany utiliti9es within the

former right-of-way of Alexander Street.

SUBJECT TO all easements, restrictions and rights-of-way of record.

Containing 53,131 Square Feet or 1.22 Acres more or less.

Date: 8/26/20

Job No.:

File: S;/docs/Greg?Greentech-Alexander-LD

LEGAL DESCRIPTION OF

A PORTION OF DELAWARE STREET

CITY OF ALBANY, COUNTY OF ALBANY, STATE OF NEW YORK

ALL THAT TRACT, PIECE, OR PARCEL OF LAND, situate, lying and being in the City of

Albany, County of Albany, and State of New York:

BEGINNING at a point of intersection between northerly bounds of Delaware Street with the

westerly bounds of South Swan Street;

THENCE westerly along the northerly bounds of Delaware Street for a distance of 362.00 feet

to a point;

THENCE southerly through Delaware Street and parallel to the westerly bounds of South Swan

Street for a distance of 50.00 feet to a point on the southerly bounds of Delaware Street;

THENCE easterly along the southerly bounds of Delaware Street for a distance of 362.00 feet to

a point;

THENCE northerly along the westerly bounds of South Swan Street for a distance of 50.00 feet

to the POINT OF BEGINNING.

SUBJECT TO maintenance, repair and/or replacement of any City of Albany utilities within the

former right-of-way of Delaware Street.

SUBJECT TO all easements, restrictions and rights-of-way of record.

Containing 18,100 Square Feet or 0.45 Acres more or less.

Date: 8/26/2020

Job NO.:2020-0205

File: S;/docs/Greg/Greentech-Delaware-LD

Council Member _______ introduced the following:

ORDINANCE 15.52.21

AN ORDINANCE AMENDING ARTICLE III (PAVEMENT OPENINGS) OF CHAPTER

323 (STREETS AND SIDEWALKS) OF THE CODE OF THE CITY OF ALBANY IN

RELATION TO THE OPENING AND REPAIR OF SIDEWALKS, STREETS, AND

OTHER PAVEMENTS


Section 1. Sections 323-66 (Permits required; fee, transferability), 323-37 (Public

notification of street closing), and 323-68 (Application for permits) of Article III (Pavement

Openings) of Chapter 323 (Streets and Sidewalks) of Part II (General Legislation) of the Code of

the City of Albany are hereby amended to read as follows:

§ 323-66 Permits required; fee, transferability.

A. No person, other than a duly authorized City officer or employee, shall make any openings

or remove any pavements or sidewalks in any street, avenue, alley, curb or public place in

the City of Albany without a permit from the Commissioner of the Department of General

Services or his designee.

B. The fee for a permit shall be $65 set by the Commissioner of the Department of General

Services. The fee for the opening shall be $5 per square foot. Should an opening require a

fee of $2,500 or more, the Commissioner or his designee may require the party making the

opening to post a performance bond of 10% of the expected cost of repair, which bond will

be returned to the party making the opening upon completion and approval of the repair by

a City inspector.

C. Permits issued hereunder shall not be transferable.

D. In an emergency situation requiring the immediate opening or removal of any pavements

or sidewalks in any street, avenue, alley, curb or public place a permit must be filed with

the Department of General Services within 72 hours of the opening or removal, or the

Commissioner of the Department of General Services or his designee may impose a fine

on the party that performed the opening or removal in accordance with § 323-76 of this

Article.

§ 323-67 Public notification of street closing.

A. Whenever a street or a portion of a street is to be closed to traffic or parking is to be

prohibited, or there is to be a disturbance in the public right of way for eight or more hours

on one day or over a period of several days, the Commissioner may require, as a condition

of the issuance of a permit under § 323-66, a program of public notification which may

include the following:

(1) Notification of scheduled work in the public service section of a local newspaper

of general circulation in advance of the commencement of such work.]

(2) (1) Direct contact with residents on affected street through circular or leaflet.

(3) (2) The publication of a display advertisement in at least one local newspaper of

general circulation.

(4) (3) Signage at the work site.

(4) Publication of the notification on City of Albany social media accounts.

B. Notification should include expected date and time of commencement and completion of

work, hours that the street shall be closed to traffic, the date and times temporary parking

permits will be in effect and the availability of alternate routes, if applicable.

§ 323-68 Application for Permits.

Application for a permit shall be made to the Commissioner of the Department of General Services

or his designee, on provided forms, which shall describe the location, number, purpose and size of

the openings to be made, the kind of pavement or sidewalk to be removed, the time when such

openings are desired and the length of time the openings will remain open, together with such other

information regarding the work as the Commissioner of the Department of General Services or his

designee may require.

Section 2. The title of Section 323-70 (Replacement of existing pavement) of Article III

(Pavement Openings) of Chapter 323 (Streets and Sidewalks) of Part II (General Legislation) of

the Code of the City of Albany is hereby amended to read as follows:

§ 323-70 Replacement of existing payment pavement.

Section 3. Section 323-75.1 (Capital Improvements) of Article III (Pavement Openings)

of Chapter 323 (Streets and Sidewalks) of the Code of the City of Albany is hereby amended to

read as follows:

§ 323-75.1 Capital Improvements.

All persons, corporations or other entities proposing to install or repair pipe, cable, wire, conduit

or other facilities in, on or over any street or sidewalk, or within a public right of way in the City

of Albany or otherwise dig in or open the same shall be responsible for reviewing the City's list of

streets and sidewalks scheduled for repair or reconstruction, to be prepared and maintained by the

Department of General Services, and shall make provision to do any work, except emergency

work, which requires the opening or use of any such street or sidewalk prior to or during the

construction of the project undertaken by the City. No permit to use or open any street or sidewalk

which would require resurfacing or reconstruction, except for emergency work as hereinafter

provided, shall be issued to any such person within a five-year period after the completion of the

construction of a capital project by the City relating to such street or sidewalk unless such person

demonstrates that the need for the work could not have reasonably been anticipated prior to or

during such construction. Notwithstanding the foregoing, the Commissioner of General Services

may issue a permit to open a street within such five-year period upon a finding of necessity

therefor, subject to such conditions as the Commissioner may establish by rule, which shall include

appropriate guarantees against the deterioration of the restored pavement and may include a higher

fee structure.

Section 4. Section 323-76 (Penalties for offenses) of Article III (Pavement Openings) of

Chapter 323 (Streets and Sidewalks) of Part II (General Legislation) of the Code of the City of

Albany is hereby amended to read as follows:

§ 323-76 Penalties for offenses.

Violations of any of the provisions [hereof] of this Article shall be punishable [in accordance with

Chapter 258, Penalties, of the Code of the City of Albany] by a fine which shall not exceed $1,000.

The Court shall award associated Court costs upon any plea or finding of guilt.



______________________________

Corporation Counsel





Date: May 6, 2021

Sponsor: To be determined

ORDINANCE 15.52.21

TITLE

AN ORDINANCE AMENDING ARTICLE III (PAVEMENT OPENINGS) OF CHAPTER 323

(STREETS AND SIDEWALKS) OF THE CODE OF THE CITY OF ALBANY IN RELATION

TO THE OPENING AND REPAIR OF SIDEWALKS, STREETS, AND OTHER PAVEMENTS

GENERAL PURPOSE OF LEGISLATION

This ordinance modernizes the law relating to the opening of City streets and sidewalks by private

entities, makes it more flexible, and brings such work in public rights of way under its purview.

NECESSITY FOR LEGISLATION AND ANY CHANGE TO EXISTING LAW

Section 1 of this ordinance amends § 323-66 do away with the existing $65 permit fee for opening

pavement replace it with a discretionary amount to be set by the Commissioner of DGS. This

enables the fee to keep up with the times and with inflation without the need for repeated legislative

action. Under the amendments to this section, and to § 323-68, a designee of the Commissioner

will also now be able to issue such permits, making the process quicker and more flexible. This

ordinance also provides for a new bond requirement, so that any entity undertaking a larger

opening will have to post a 10% performance bond, which will be returned upon completion of

repairs, to the satisfaction of a City inspector. Section 323-66 will also now require that entities

who open streets and sidewalks for emergency reasons must still take out a permit within 72 hours,

lest they be levied a fine.

Section 1 also adds new language in § 323-67 (and Section 3 does so in § 323-75.1) regarding

disturbances in the public right of way to cover the work performed over and on such rights of way

mostly by utility and telecommunications companies for work on cellular and small cell facilities.

These amendments will to ensure that they must notify the public about their work, which can be

disruptive even though it may not necessarily disturb streets or the pavement itself. This section

also does away with the antiquated and redundant requirement that scheduled disruptions be

noticed in the “public service section” of a local newspaper and adds the option to communicate

such disturbances through the City’s various social media accounts.

Section 2 corrects a typo in the title of § 323-70, which is currently “Replacement of existing

payment.” The word “payment” is replaced with the correct word: “pavement.”

Section 4 increases the penalties and fine amounts the Commissioner can impose for violations of

this Article. § 323-76 had referred to the penalty provisions of Chapter 258, which allows for fines

not to exceed $500, but also provides for supersession. This amendment supersedes Chapter 258

and allows the Commissioner to impose a fine of up to $1,000 instead.

FISCAL IMPACT

The Commissioner will now have the discretion to set the fees for openings, which will likely

bring in more revenue than the current $65 fee. The Commissioner will also be empowered to set

fines up to double the current $500 amount.

Council Members Love introduced the following:

ORDINANCE 16.52.21

AN ORDINANCE AUTHORIZING THE SALE TO DR. BRENDA ROBINSON OF THE

CITY-OWNED PROPERTY LOCATED AT 21 AND 23 LARK STREET


Section 1. It is hereby ordered and directed that all the right, title and interest of the City

of Albany in the vacant lots located at 21(Tax Map Parcel Number 65.65-5-18) and 23 (Tax Map

Parcel Number 65.65-5-19)Lark Street be sold at private sale, pursuant to the provisions of Local

Law No. 4 of 1984, to Dr. Brenda Robinson.


Section 3. It is hereby determined that the aforesaid properties have been abandoned for

municipal or public purposes.

Section 4. The form, content, terms, and conditions of such conveyance shall be approved

by the Corporation Counsel and shall be subject to the approval of the Board of Estimate and

Apportionment, and if approved by said Board, the Mayor is hereby authorized and directed to

execute a proper deed of conveyance for valuable consideration.

Section 5. This ordinance shall take effect immediately.



________________________________

Corporation Counsel





Date: May 7, 2021

SPONSOR Council Member Love

ORDINANCE 16.52.21

TITLE

AN ORDINANCE AUTHORIZING THE SALE TO DR. BRENDA ROBINSON OF THE

CITY-OWNED PROPERTY LOCATED AT 21 AND 23 LARK STREET

GENERAL PURPOSE OF LEGISLATION The adjacent property owner, Dr. Brenda Robinson, wishes to purchase these properties.

NECESSITY FOR LEGISLATION AND CHANGES TO EXISTING LAW

The sale of City-owned property requires Common Council approval.

FISCAL IMPACT(S)

There will be no direct fiscal impact because of this sale. The properties are assessed at $1,500

each and will be sold for that amount.

Council Member Conti introduced the following:

RESOLUTION NUMBER 46.52.21R

RESOLUTION OF THE COMMON COUNCIL ENACTING A HOME RULE

MESSAGE TO THE NEW YORK STATE LEGISLATURE REQUESTING THE

ENACTMENT OF SENATE BILL NO. 6428 AND ASSEMBLY BILL NO. 3058

ENTITLED: “AN ACT TO AMNED THE VEHICLE AND TRAFFIC LAW, IN

RELATION TO THE RESIDENTIAL PERMIT PARKING SYSTEM IN THE CITY OF

ALBANY; AND TO AMEND CHAPTER 454 OF THE LAWS OF 2010 AMENDING THE

VEHICLE AND TRAFFIC LAW RELATING TO AUTHORIZING A PILOT

RESIDENTIAL PARKING PERMIT SYSTEM IN THE CITY OF ALBANY, IN


WHEREAS, Chapter 454 of the NYS Laws of 2010, entitled “AN ACT to amend the

vehicle and traffic law, in relation to authorizing a pilot residential parking permit system in the

City of Albany and providing for the repeal of such provisions upon expiration thereof,” became

a law on August 30, 2010, with the approval of the Governor establishing a pilot residential parking

permit system in the City of Albany; and

WHEREAS, S. 6428 and A. 3058 (annexed hereto) will amend LAWS OF NEW YORK,

2010, CHAPTER 454 to make permanent the residential parking permit system in the City of

Albany first enacted and established as a pilot program by Chapter 454 of the Laws of 2010; and

WHEREAS, legislation has been introduced in the New York State Senate and New York

State Assembly to make the City of Albany’s residential parking system permanent and to make

such additional modifications as shall be beneficial to the implementation and operation of the

City of Albany residential parking permit system; and

WHEREAS, such amendments are embodied within Senate Bill No. 6428 and Assembly

Bill No. 3058;

NOW, THEREFORE BE IT RESOLVED, a Home Rule Request is hereby enacted and

directed to the New York State Legislature requesting the enactment of Senate Bill No. 6428 and

Assembly Bill No. 3058 entitled: “AN ACT to amend the vehicle and traffic law, in relation to the

residential permit parking system in the city of Albany; and to amend chapter 454 of the laws of

2010 amending the vehicle and traffic law relating to authorizing a pilot residential parking permit

system in the city of Albany; in relation to making such provisions permanent.”





Date: May 6, 2021

Sponsor: Council Member Conti


TITLE

RESOLUTION OF THE COMMON COUNCIL ENACTING A HOME RULE MESSAGE TO

THE NEW YORK STATE LEGISLATURE REQUESTING THE ENACTMENT OF SENATE

BILL NO. 6428 AND ASSEMBLY BILL NO. 3058 ENTITLED: “AN ACT TO AMNED THE

VEHICLE AND TRAFFIC LAW, IN RELATION TO THE RESIDENTIAL PERMIT PARKING

SYSTEM IN THE CITY OF ALBANY; AND TO AMEND CHAPTER 454 OF THE LAWS OF

2010 AMENDING THE VEHILCE AND TRAFFIC LAW RELATING TOAUTHORIZING A

PILOT RESIDENTIAL PARKING PERMIT SYSTEM IN THE CITY OF ALBANY, IN



To authorize the Mayor to execute a Home Rule Request in conjunction with the bill introduced

in the State Senate and Assembly to make permanent and expand the residential parking permit

system which has been in place in the City for a number of years.

The text of the bill itself is attached and the Sponsor’s Memorandum from Senator Breslin in

support of the bill are attached hereto.

NECESSITY FOR LEGISLATION AND ANY CHANGE TO EXISTING LAW The Common Council is required to adopt a Home Rule Request in order to permanently enact and

expand the residential parking permit system which has been in place as a pilot program.

FISCAL IMPACT(S) None

STATE OF NEW YORK

________________________________________________________________________

6428

IN SENATE

2021-2022 Regular Sessions

April 28, 2021

___________

Introduced by Sen. BRESLIN -- read twice and ordered printed, and when Printed to be committed to the Committee on Transportation

AN ACT to amend the vehicle and traffic law, in relation to the residen-

tial parking permit system in the city of Albany; and to amend chapter

454 of the laws of 2010 amending the vehicle and traffic law relating

to authorizing a pilot residential parking permit system in the city

of Albany, in relation to making such provisions permanent

The People of the State of New York, represented in Senate and Assem-

bly, do enact as follows:

1 Section 1. Section 1640-m of the vehicle and traffic law, as added by

2 chapter 454 of the laws of 2010, is amended to read as follows:

3 § 1640-m. [Pilot residential] Residential parking permit system in the

4 city of Albany. 1. Notwithstanding the provisions of any law to the

5 contrary, the city of Albany may, by adoption of a local law or ordi-

6 nance, provide for a residential parking permit system and fix and

7 require the payment of fees applicable to parking within certain areas

8 of the city or as delineated by the common council of the city of Albany

9 in accordance with the provisions of this section.

10 2. Such residential parking permit system may only be established

11 within the areas of the city of Albany described as follows: an area

12 within [three-quarters of] a one mile radius of the Nelson A. Rockefel-

13 ler Empire State Plaza. The permitted streets within this area shall be

14 described in a local law or ordinance adopted by the common council of

15 the city of Albany pursuant to this section.

16 3. Notwithstanding the provisions of this section, no permit shall be

17 required on streets where the adjacent properties are zoned for commer-

18 cial, office and/or retail use.

19 4. The local law or ordinance providing for such residential parking

20 permit system shall:

21 a. Set forth the specific factors which necessitate the implementation

22 of said system and shall include, but not be limited to, findings of

23 facts as to the existence of such traffic hazards, congestion and air

24 and noise pollution within any such areas;

EXPLANATION--Matter in italics (underscored) is new; matter in brackets

[ ] is old law to be omitted.

LBD14405-

02-9

A. 9114 2

1 b. Provide that motor vehicles registered pursuant to section four

2 hundred four-a of this chapter shall be exempt from any permit require-

3 ment;

4 c. Provide the times of the day and the days of the week during which

5 permit requirements shall be in effect;

6 d. Make not less than twenty percent of all spaces within the permit

7 area or areas available to nonresidents which shall provide short-term

8 parking of not less than ninety minutes in duration in such area or

9 areas;

10 e. Make not more than [two thousand seven] three thousand five hundred

11 [fifty] of the approximately nine thousand residential spaces within the

12 permit area or areas available for residential parking by permit;

13 f. Provide the schedule of fees to be paid for residential permits;

14 and

15 g. Provide that such fees shall be credited to the general fund of the

16 city of Albany.

17 5. No local law or ordinance shall be adopted pursuant to this section

18 until a public hearing thereon has been held by the common council of

19 the city of Albany concerning the designation of the certain area or

20 areas in which said parking permit system is to be implemented.

21 § 2. Section 3 of chapter 454 of the laws of 2010 amending the vehicle

22 and traffic law relating to authorizing a pilot residential parking

23 permit system in the city of Albany, as amended by chapter 243 of the

24 laws of 2018, is amended to read as follows:

25 § 3. This act shall take effect immediately [and shall remain in full

26 force and effect for a period of eight years after the implementation of

27 the local law or ordinance adopted by the city of Albany pursuant to

28 section 1640-m of the vehicle and traffic law as added by section two of

29 this act at which time this act shall expire and be deemed repealed].

30 § 3. This act shall take effect immediately.

NEW YORK STATE ASSEMBLY

MEMORANDUM IN SUPPORT OF LEGISLATION

BILL NUMBER: S6428

SPONSOR: Breslin

TITLE OF BILL:

An act to amend the vehicle and traffic law, in relation to the residen-

tial parking permit system in the city of Albany; and to amend chapter

454 of the laws of 2010 amending the vehicle and traffic law relating to

authorizing a pilot residential parking permit system in the city of

Albany, in relation to making such provisions permanent

PURPOSE OR GENERAL IDEA OF BILL:

Relates to the residential parking permit system in the city of Albany

SUMMARY OF SPECIFIC PROVISIONS:

Section 1:

(1) Permits the City of Albany to provide for a residential parking

permit system.

(2) Defines the area such a residential parking permit system may apply

to.

(3) Excludes streets zoned for commercial property from the residential

parking permit program.

(4) Sets forth the content necessary for a local law or ordinance creat-

ing such a residential parking permit system.

Section 2: Amends section 3 chapter 454 of the laws of 2010.

Section 3: Sets the effective date.

JUSTIFICATION:

Albany's resident permit parking authorization was first adopted in 2010

as a two-year pilot program and has been extended every two years there-

after. Since local implementation on February 15, 2013, as three sepa-

rate geographically distinct zones, the system has met its primary

objectives of increasing the availability of daytime resident parking

within the permit zones and creating more short-term parking availabili-

ty for locally owned neighborhood small businesses; under Albany's

permit system, every resident permit designated space is also designated

for short-term visitor parking of two-hours. Despite success, there

continues to be challenges. The current system is limited to within a

three-quarter mile radius of the Empire State Plaza which has resulted

in displacement impacts in neighborhoods west of one of the zones, in

addition, the limitation on total number of spaces (2,750) that may be

designated permit-only limits the flexibility of the system to address

impacts from new development and revitalization projects in downtown

Albany. These include projects in the downtown business district, expan-

sions on the SUNY Albany downtown campus and at Albany Medical Center

(which has also included a significant expansion of garage capacity

available to employees and visitors).

Expanding the allowable radius within which a permit system may be

implemented from three-quarters of a mile of the Empire State Plaza to

one-mile will enable the system to address issues on the western edge of

the zone, particularly those related to SUNY and Albany Medical Center.

It should be noted that the original permit proposal, prior to the 2010

adoption, did contemplate a one-mile radius. In addition, expanding the

number of allowable 'spots to be designated by 750 will enable the

system to address issues in the expansion area as well as issue related

to projects in the downtown business district. Finally, the system

should no longer be considered a pilot program, eliminating the sunset

date on the authorizing chapter will provide certainty to the continua-

tion of the system and ease administrative concerns regarding the need

to seek biennial reauthorizations.

PRIOR LEGISLATIVE HISTORY:

A9114 2019-20

FISCAL IMPLICATIONS:

To be determined

EFFECTIVE DATE:

This act shall take effect immediately.

Council Member Fahey introduced the following: RESOLUTION NUMBER 47.52.21R

RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF ALBANY

REQUESTING IMMEDIATE ACTION BY OUR STATE AND FEDERAL OFFICIALS

TO UNDERTAKE A THOROUGH AND COMPLETE EVALUATION OF THE USE OF

CHEMICAL GAS ON INDIVIDUALS BY LAW ENFORCEMENT AND DETERMINE

WHETHER TO BAN ITS USE

WHEREAS, the use of excessive force against people of color by law enforcement is a

nationwide problem that has resulted in recent, widespread civil protests; and

WHEREAS, law enforcement has, in numerous instances across our country, resorted to

using chemical agents to disperse crowds at protests in situations where violence is deemed to be

escalating and the health and safety of individuals are at risk; and

WHEREAS, there have been reports of injury and harm to innocent participants and

bystanders as a result of the use of chemical agents, such as CS gas, commonly called tear gas;

and

WHEREAS, in the City of Albany tear gas was used to disperse crowds at civil protests

in Albany's South End neighborhood on May 30, 2020 and Arbor Hill neighborhood on June 1,

2020; and

WHEREAS, the majority of protesters were peaceful, and even when they attempted to

disperse were subjected to CS gas; and

WHEREAS, CS gas is known to be especially harmful to individuals with chronic health

issues and disabilities; and

WHEREAS, CS gas is known to affect people not involved in the protest, often seeping

into nearby residents' windows because of its widespread and poorly managed use by local law

enforcement; and

WHEREAS, many Albany residents are outraged by the use of tear gas on innocent

residents and want it banned for use in the City of Albany; and

WHEREAS, there have been few studies on the health effects of chemical agents, such as

tear gas, on the populace, and those that have occurred are outdated and inadequate in scope; and

WHEREAS, chemical agents, such as CS gas, are not regulated by the state or federal

governments so there are no known reliable standards used by manufacturers, resulting in a product

that can be dangerously misused and life threatening; and

WHEREAS, our elected leaders have a responsibility to ensure the health and safety of

the populace;

NOW, THEREFORE, BE IT RESOLVED, that the Albany Common Council requests

that immediate action be taken by state and federal officials to undertake a thorough and complete

evaluation of the use of chemical agents, such as CS gas, on individuals by law enforcement and

ban its use if so determined; and

BE IT FURTHER RESOLVED, that additional action be taken by our state and federal

officials to conduct a thorough and complete review and evaluation of all methods used by law

enforcement to address the potential for escalating violence among civil protesters with the goal

of developing standard protocols, procedures and uses that are effective but do the least amount of

harm; and

BE IT FINALLY RESOLVED, that a copy of this resolution be sent to our state and

federal elected leaders including US Senators Charles Schumer and Kristen Gillibrand; US

Congressman Paul Tonko; NYS Senator Neil Breslin; and NYS Assemblymembers John

McDonald and Patricia Fahy.


From: John-Raphael Pichardo, Esq., Research Counsel

Re: Common Council Legislation


Date: May 6, 2021

SPONSOR Council Member Fahey


TITLE

RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF ALBANY REQUESTING

IMMEDIATE ACTION BY OUR STATE AND FEDERAL OFFICIALS TO UNDERTAKE A

THOROUGH AND COMPLETE EVALUATION OF THE USE OF CHEMICAL GAS ON

INDIVIDUALS BY LAW ENFORCEMENT AND DETERMINE WHETHER TO BAN ITS

USE


Requesting our state and federal partners undertake a thorough and complete evaluation of the use

of chemical gas by law enforcement and determine whether to ban its use.

FISCAL IMPACT(S) None.

common council of the city of albany support …

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