ALBANY COMMON COUNCIL
MINUTES OF A REGULAR MEETING

Monday, April 7, 2008

The Common Council was convened at 7:00 p.m. and was called to order by Council President Morris.

The roll being called, the following answered to their names: Council Members Calsolaro, Conti, Ellis, Fahey, Fox, Herring, Igoe, McLaughlin?, O’Brien?, Rosenzweig, Sano, Scalzo, Smith, and Timmons.

Also present was the following staff: John Marsolais, Patrick Jordan, Barbara Samel, and Cashawna Parker.

Council President Morris led the Pledge of Allegiance.

Council Member Conti made a motion to change the order of business to consider RESOLUTION NUMBER 33.41.08R, prior to Public Comment Period, which was approved by unanimous voice vote.

Council Members Ellis, Calsolaro, Sano, McLaughlin?, Conti, Fahey, Fox, Herring, Igoe, O’Brien?, Rosenzweig, Sano, Scalzo, Smith and Timmons introduced the following resolution, asked for passage and a roll call vote thereon:

RESOLUTION NUMBER 33.41.08R

RESOLUTION CONGRATULATING BISHOP MAGINN ON THEIR FIRST EVER BOYS’ BASKETBALL STATE CHAMPIONSHIP

WHEREAS, Sunday, March 16 at the Glens Falls Civic Center, the Bishop Maginn boys' basketball team played Section VI champion Niagara Falls and won, 68-37. The victory over Niagara Falls was by the largest margin ever in the Class AA Tournament, and
WHEREAS, the previous day Bishop Maginn won by two-points (54-52) over two-year title holder and eight-time state champion Mount Vernon, and
WHEREAS, Bishop Maginn (26-2) captured the first boys' state championship by a Section II squad since Schenectady won the 2001 Class A crown, and
WHEREAS, the team earned its latest reward with a No. 24 national ranking by USA Today in its Super 25 high school teams poll and was ranked No. 1 by the NYS Sportswriters Association.
NOW, THEREFORE, BE IT RESOLVED, that the Common Council of the City of Albany congratulates the Bishop Maginn Boys’ Basketball Team on their outstanding win in the State Championship games and for their outstanding performance this season. We commend Head Coach-Richard? Hurley and Assistant Coaches Dwayne Caldwell, Leo Dolan, Orlando DiBacco?, and Bill Buerhle for their energy, dedication and vision. The Common Council also congratulates the entire 2007-2008 roster of players including Lasai Banks, Billy Blake, Taran Buie, Antonio Davis, Khaliq Gross, Chris Jeffers, Thomas Jefferson, Raja Johnson, Shimeek Johnson, Bunduka Kargbo, Abdul Marjaui, Savion Melton, James Torres, Terron Victoria and wishes them continued success.

• Note: There was discussion from Council Members Ellis, McLaughlin?, Calsolaro, Sano and O’Brien? congratulating Bishop Maginn Boys Basketball team on their hard work and recalling memories of attending the school.

Passed by the following vote of all the Council Members elected voting in favor thereof:

Affirmative ¬¬-- Calsolaro, Casey, Conti, Fahey, Fox, Herring, Igoe, McLaughlin?, O’Brien?, Rosenzweig, Sano, Scalzo, Smith, and Timmons

Affirmative 14 Negative 0 Abstain 0

PUBLIC COMMENT PERIOD

1) Melanie Trimble, NY Civil Liberties Union, 90 State Street (Citizen Police Review Board)
2) Anita Thayer, 196 Mt. Hope Drive, Albany, NY (Albany Police Department)
3) Harold Freeman, 108 Creble Road, Selkirk, NY (Police Brutality)
4) Betsy Mergoliano, South End, Albany, NY (Albany Police Department)
5) Chris Mercogliano, South End, Albany, NY (Albany Police Department)
6) Elise Van Allen, 327 State Street, Albany, NY (State Commission on Investigation)
7) Doug Bullock, 77 Benson Street, Albany, NY (Citizen Police Review Board)
8) Tom Scarff, 215 Jay Street, Albany, NY (Albany Police Department)
9) Mardi Crawford, 29 Elm Street, Albany, NY (Police Department Investigation)

Council Member Conti made a motion to extend Public Comment Period for an additional 30 minutes, which was approved by unanimous voice vote.

10) Susan DuBois?, 24 Jeannette Street (Independent Police Investigation)
11) Jim Travers, Coeymans, NY (Commendations of Council Members Actions)
12) Andrew Buchard, 27 Forest Avenue, Albany, NY (Support State Commission Investigation)
13) Lynn Jackson, 223 S. Swan Street, Albany, NY (Albany Police Department)

There being no further speakers, the President declared the Public Comment Period closed.

APPROVAL OF MINUTES FROM PREVIOUS MEETING

Council Member Conti made a motion to approve the minutes of February 21, 2008 and March 7, 2008 meetings, which was approved by unanimous voice vote.

CONSIDERATION OF LOCAL LAWS

Council Member Calsolaro introduced the following, which was referred to the Public Safety Committee:

LOCAL LAW C-2008

A LOCAL LAW AMENDING ARTICLE XLIV (GENERAL PROVISIONS) OF CHAPTER 42 (DEPARTMENTS AND COMMISIONS) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO THE CIVILIAN POLICE REVIEW BOARD AND MULTIPLE COMPLAINTS AGAINST AN OFFICER

BE IT ENACTED by the Common Council of the City of Albany as follows:

Section 1. Section 42-342 of Chapter 42 of the Code of the City of Albany is hereby amended to read as follows:

§ 42-342. Filing of complaints.
Complaints concerning police conduct shall be filed with the Police Department or submitted to the CPRB for filing with the Police Department as provided in this section. The CPRB may designate one or more locations for the submission of complaints for filing with the Police Department.
A. Complaints shall be lodged in writing using the City of Albany Police Department Citizen Complaint Form as approved by the CPRB for that purpose and shall be signed by the complainant. Complaint forms shall be printed in English and Spanish and shall be available at any City of Albany Police Department facility, the City Department of Administrative Services, the City Clerk's office and any other location designated by the CPRB.

B. A copy of each complaint submitted to the CPRB for filing with the Police Department shall be forwarded to the Police Department within two working days of its receipt; additionally, a copy of each complaint submitted to the Police Department (other than those submitted by the CPRB) shall be provided to the CPRB within two working days of receipt by the Department. Upon receiving a complaint, the CPRB shall notify the complainant of the City's mediation program established in accordance with § 42-346 of this Part 33. The Chief of Police shall notify the CPRB in writing if the officer or officers complained against have had other written complaints filed against them and the general nature and outcome of each complaint. This written notification shall be made within two weeks of receiving the complaint or receiving notice of a compliant filed with the CPRB. The section shall not require the release of the identity of the officer involved for compliance.

C. Complaints shall be filed within six months of the date of the incident giving rise to the complaint. Complaints filed after six months of the alleged misconduct shall, however, be returned, or accepted and reviewed by the CPRB upon a majority vote of its members to do so. The complainant shall be notified by the Board of the decision as to whether the complaint be returned, or accepted and reviewed.

Section 2. This local law shall take effect upon final passage, public hearing and filing with the Secretary of State.

Council Member Calsolaro introduced the following, which was referred to the Finance, Taxation and Assessment Committee:

LOCAL LAW D-2008

A LOCAL LAW AMENDING CHAPTER 333 (TAXATION) OF THE CODE OF THE CITY OF ALBANY TO ADD A NEW EXEMPTION FOR COLD WAR VETERANS IN ACCORDANCE WITH THE PROVISIONS OF THE REAL PROPERTY TAX LAW SECTION 458-b

BE IT ENACTED by the Common Council of the City of Albany as follows:
Section 1. A new Section 333-107-a of Chapter 333 of the Code of the City of Albany is added to read as follows:
Section 333-107-a. Exemption for Cold War Veterans.
A. An exemption is hereby granted to Cold War Veterans in accordance with § 458-b of the Real Property Tax Law of the State of New York. The exemption shall be as provided and administered by § 458-b.

B. Qualifying residential real property shall be exempt from taxation to the extent of either: (i) ten percent of the assessed value of such property; provided however, that such exemption shall not exceed eight thousand dollars or the product of eight thousand dollars multiplied by the latest state equalization rate of the assessing unit, or, in the case of a special assessing unit, the latest class ratio, whichever is less or; (ii) fifteen percent of the assessed value of such property; provided however, that such exemption shall not exceed twelve thousand dollars or the product of twelve thousand dollars multiplied by the latest state equalization rate of the assessing unit, or, in the case of a special assessing unit, the latest class ratio, whichever is less.
C. In addition to the exemption provided by paragraph (B) of this section, where the Cold War veteran received a compensation rating from the United States veterans affairs or from the United States department of defense because of a service connected disability, qualifying residential real property shall be exempt from taxation to the extent of the product of the assessed value of such property, multiplied by fifty percent of the Cold War veteran disability rating; provided, however, that such exemption shall not exceed forty thousand dollars, or the product of forty thousand dollars multiplied by the latest state equalization rate for the assessing unit, or, in the case of a special assessing unit, the latest class ratio, whichever is less.

Section 2. This local law shall take effect upon final passage, public hearing and filing with the Secretary of State and shall apply to assessment rolls prepared on the basis of taxable status dates occurring on and after January 1, 2009.

Council Member Conti made a motion to hold the rest of the Local Laws on the pending agenda, which was approved by unanimous voice vote.

REPORTS OF STANDING COMMITTEES

Finance, Taxation and Assessment - Council Member Sano stated that the committee would be meeting on Wednesday, April 9, 2008 at 5:30PM to discuss Local Law C-2007 and the appointment of Mr. Donato to the Board of Assessment Review.

Public Safety - Council Member Scalzo stated that the committee would continue investigation of issues related to the Police Department, working with Chief Tuffey, and looked forward to the conclusion of its review.

Planning, Economic Development and Land Use – Council Member Herring stated that the committee met on March 26, 2008. The Committee favorably recommended Resolution 7.12.08R confirming the reappointment of Douglas P. Mackey to the Historic Resources Commission and Resolution 1.11.08R supporting the Harriman Campus Transportation Linkage study. He stated that the committee would continue its discussion on Ordinance 2.12.08 regarding Solar panels. The Committee also met prior to the Council caucus to discuss Resolution 26.31.08R confirming the reappointment of Christine Sisto Mertes to the Albany Parking Authority and Resolution 9.12.08R confirming the reappointment of Sean Rafferty to the Historic Resources Commission, but the appointees were not present.

Law, Buildings and Code Enforcement – Council Member Igoe stated that the committee met on March 26, 2008 prior to the Parks Committee meeting and had a favorable recommendation for Ordinance 20.31.08 on Junk Dealers and Ordinance 21.31.08 on Secondhand Dealers.

Parks, Recreation and Family Services – Council Member Calsolaro stated that the committee met on March 26, 2008 at 5:15PM to discuss after school and summer programs for youth with Faye Andrews, Commissioner of Youth and Workforce Services and John Gustin with the Department of Recreation. He stated that the teen centers are unable to stay open on weekends due to financial constraints. The committee was also informed that there was discussion on eliminating the adult supervisor positions in association with summer youth employment after this year because of budgetary issues.

General Service, Health and Environment – Council Member O’Brien? stated that the committee would be meeting on Friday, April 11, 2008 at 5PM to discuss Resolution 36.41.08R confirming the appointment of Nick D’Antonio? as Commissioner of the Department of General Services.
REPORTS OF AD HOC COMMITTEES

Ad Hoc Committee on Taxicabs – Council Member Scalzo stated that the committee would not be able to meet until next month due to scheduling issues.

CONSIDERATION OF ORDINANCES

Council Member Conti introduced the following which was held:
Ordinance Number 23.41.08
AN ORDINANCE AUTHORIZING AND DIRECTING THE GRANT OF A PERMANENT EASEMENT TO KNOX STREET LIMITED PARTNERSHIP OVER, UPON AND UNDER A PORTION OF THE CITY RIGHT-OF-WAYS OF KNOX STREET AND DANA AVENUE IN THE CITY OF ALBANY

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

Section 1. It is hereby authorized that the City of Albany grant a permanent easement to Knox Street Limited Partnership over, upon and under a portion of the City right-of-ways of Knox Street and Dana Avenue, adjacent to 137 Knox Street, in the City of Albany.

Section 2. The form, content, terms and conditions of such easement shall be approved by the Corporation Counsel.

Section 3. The Grantees shall not hinder, interfere with, prevent, delay, obstruct or adversely affect the Grantor in the reasonable exercise of its governmental operations or function.

Section 4. This ordinance shall take effect immediately.

Council Members Igoe, Conti, Herring, Sano, Fox, Casey, O’Brien?, Rosenzweig, Scalzo and Timmons introduced the following, which was referred to the Law, Buildings and Code Enforcement Committee:

Ordinance Number 24.41.08

AN ORDINANCE AMENDING CHAPTER 217 (HANDBILLS) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO TELEPHONE DIRECTORY DISTRIBUTION

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

Section 1. Section 217-1 of Chapter 217 of the Code of the City of Albany is hereby amended to read as follows:
§ 217-1. Intent and purpose.
The Common Council of the City of Albany finds and declares that the illegal posting and distributing of handbills is a nuisance and form of visual pollution which negatively impacts the quality of life in residential and commercial neighborhoods. Particularly offensive is the defacement of public property through the illegal placement of bumper stickers and similar matter and the placement of posters or lawn signs by candidates for public office on vacant or boarded up buildings and on public spaces. It is the intent of this chapter to prohibit the illegal posting of handbills and to regulate distribution in a manner which informs person distributing handbills of the requirements herein and minimizes street liter.
Unwanted telephone books have become a waste problem, as well as a litter and nuisance problem. Residents and businesses complain about unwanted telephone books. The taxpayers bear the burden for clean-up, recycling and disposal of unwanted books. As the number of telephone directory distributors increases, it has become a serious environmental concern. In the interest of improving the quality of life for our residents, of reducing waste removal and recycling costs to local governments, and of reducing the use of natural resources, the Common Council amends this ordinance to include telephone directories within its provisions.

Section 2. Section 217-2 of Chapter 217 of the Code of the City of Albany is hereby amended to read as follows:

§ 217-2. Definitions.
As used in this chapter, the following terms shall have the meanings indicated:

COMMERCIAL HANDBILL — Any handbill which:
A. Advertises for sale at a commercial establishment any commodity or service;
B. Directs attention to any business, commercial establishment or other activity for the purpose of either directly or indirectly promoting its interest; or
C. Directs attention to or advertises any meeting, theatrical performance, exhibition or event of any kind for which an admission fee is charged for the purpose of private gain or profit.
HANDBILL — Any printed or written matter, poster, lawn sign, sample circular, leaflet, pamphlet, paper, booklet, printed matter of literature, bumper sticker, decal or similar matter with a self-adhesive backing intended to affix to a surface.
LOCAL TELEPHONE DIRECTORY means a publication that lists and publishes the names, addresses and telephone numbers of telephone customers or the advertisements, products or services of businesses or professional firms by alphabetical category.
PERSON — Any natural person, firm, partnership, association, corporation, company, public utility or organization of any kind.
PUBLIC PLACE — Any street, sidewalk, alley, public way, public park, public square, public space, public grounds or public building.

Section 3. Section 217-3 of Chapter 217 of the Code of the City of Albany is hereby amended to read as follows:

§ 217-3. Distribution and posting.
A. Public places.

(1) No person shall leave any handbill or local telephone directory upon a public place within the City of Albany. This provision shall not be construed as prohibiting the distribution of handbills to persons willing to accept them.
(2) No person shall affix any handbill to any lamppost, public utility pole, street sign, traffic sign, bus shelter, tree or upon any public structure or public building.

B. Private property.

(1) No person shall leave any handbill or local telephone directory upon any private property which is temporarily or continuously uninhabited or vacant.
(2) No person shall leave any handbill upon private property if requested by the owner or any person in control of the property not to do so, or if there is posted on the property in a conspicuous place near the entrance a sign bearing the words "No Trespassing," "No Peddlers or Agents," "No Advertising," or any similar notice indicating that the occupants of the property do not desire to have any handbills left upon the property.
(3) Handbills may be distributed to inhabited private property which is not posted as provided in this chapter, provided that the handbills are left in a manner that prevents them from being carried by the elements upon any public place or private property.

C. Motor vehicles. No person shall place any handbills on a motor vehicle.

D. All local telephone directories distributed within the City of Albany shall conspicuously print on the front cover a statement that reads, “IF YOU NO LONGER WISH TO RECEIVE THIS DIRECTORY, PLEASE CALL THE FOLLOWING NUMBER OR WRITE TO THE FOLLOWING ADDRESS:” along with a toll-free number and mailing address for the business that residents may use to provide verbal or written notice to the business that the resident no longer wishes to receive the directory. Local telephone directories shall not be distributed to the resident at that address for a period of five years.

Section 4. Section 217-4 of Chapter 217 of the Code of the City of Albany is hereby amended to read as follows:

§ 217-4. Licenses; fees.

A. License required. Any person engaged in the distribution of commercial handbills or local telephone directories within the City of Albany shall make application to and obtain from the City Clerk a commercial handbill distribution license. The application shall be written on a form prescribed by the City Clerk. Any person obtaining a commercial handbill distribution license shall be permitted to distribute handbills or local telephone directories pursuant to the provisions of this chapter and the rules and regulations promulgated by the City Clerk.

B. Rules and regulations. The City Clerk may promulgate rules and regulations which are necessary and proper to carry out the purposes of this chapter.

C. Suspension or revocation. A license may be suspended or revoked by the City Clerk only after notice in writing and an opportunity to be heard is given to the licensee. Written notice of intent to suspend or revoke a license shall be given to the licensee by registered or certified mail to the address set forth on the application. The City Clerk shall suspend or revoke the license of any licensee found to have violated or to have permitted a violation of any provision of this chapter or any other ordinance, rule or regulation or state or federal law pertaining to the distribution of commercial handbills.

D. Transferability of license. No license issued under this chapter shall be transferable.

E. Fees.

(1) License fees for a commercial handbill distribution license shall be as follows:
(a) For a period of more than nine months to one year: $110.
(b) For a period of more than six months to nine months: $82.50.
(c) For a period of more than three months to six months: $55.
(d) For the period of more than one week to three months: $27.50.
(e) For the period of one week or less: $11.
(2) The yearly license shall be for a one-year period commencing at the time of issuance of the license.
(3) Upon revocation of the license, the license fee shall be forfeited.

F. Any commercial handbill or local telephone directory distributed in accordance with this section shall bear a license number and expiration date issued by the City Clerk.

G. Nothing herein shall be interpreted to require a license for the placement of a commercial handbill, which is in the form of a poster or lawn sign, on private property when such placement is with the prior consent of the property owner and advertises the availability of such property for sale or rent or advertises the services of an individual, company or other entity making improvements on such property.

Section 5. This ordinance shall take effect immediately.

Council Member Igoe moved to amend Ordinance 20.31.08, and as amended asked for passage and a roll call vote thereon:

Ordinance Number 20.31.08 (as amended)

AN ORDINANCE AMENDING CHAPTER 239 (JUNK DEALERS) OF THE CODE OF THE CITY OF ALBANY

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

Section 1. Chapter 239 of the Code of the City of Albany is hereby amended as follows:

Chapter 239: JUNK DEALERS AND SCRAP METAL PROCESSING

§ 239-1. Authorization to issue license; license fee.

The City Clerk of the City of Albany is hereby authorized to issue licenses to citizens desiring to carry on the business of buying, selling and dealing in junk, rags, old rope, old iron, brass, copper, tin, lead, scrap metals or other old metals, old bottles, old glass, old bones, old tinware, old clothing unfit for wearing, old shoes or any secondhand articles except secondhand books and furniture upon payment annually, to the City of Albany, of the sum of $82.50 as a license fee for each and every license so issued.

§ 239-2. Definitions

"Scrap metal processing facility" shall mean an establishment engaged primarily in the purchase, processing and shipment of ferrous and/or non-ferrous scrap, the end product of which is the production of raw material for remelting purposes for steel mills, foundaries, smelters, refiners, and similar users.

"Scrap metal processor" shall mean any person, association, partnership or corporation operating and maintaining a "scrap metal processing facility".

§ 239-23. Prohibitions.

No person licensed as aforesaid shall receive, in the line of his business, any article or thing by way of pledge or pawn, nor shall he loan or advance any sum of money on the security of any such article or thing, nor shall any such person receive or purchase any goods, article or thing whatever from any person under the age of eighteen (18) years or from any person or persons whomsoever between the setting of the sun and the hour of 7:00 a.m.

§ 239-34. Report to Police Chief; Statements required from persons selling certain property.

A. Reporting.
1. Every person licensed under the provisions of this chapter is hereby required to make a report, in writing, to the Chief of Police of the City of Albany, or his representative, in such form as such Chief may prescribe, specifying all articles purchased or received by him during a period of time specified in such request, together with the name and residence of the person or persons from whom such purchases were made and to whom such articles were sold.

2. Every junk dealer and scrap metal processor as defined by this chapter shall utilize the City’s electronic pawn and scrap metal reporting system to make an electronic report and the report shall be a full, true and complete report of all scrap metal purchased. The report shall show the hour of day when the scrap metal was purchased, amount purchased, a description of material purchased and the name and address of the person from whom the article was acquired. No items shall be received unless the person from whom the material is acquired exhibits a driver’s license or state issued ID card and the identifying number is recorded on the report.

3. All transactions will be placed into the City’s electronic pawn and scrap reporting system before the item in question is acquired. The pawn/scrap ticket number will be automatically generated by the City’s electronic reporting system.

4. Should there be a loss of power or a failure of the City’s electronic pawn and scrap reporting system, every dealer must transmit the information as described in this section to the Chief of Police, or his representative, in writing, every day except Sunday, that such a loss of power or failure of the electronic system remains, before five o’clock (5:00pm) in the afternoon and if that day be Sunday, such reporting shall take place on the following business day.

B. Statements required from persons selling certain property.
On purchasing any pig or pigs of metal, bronze or brass castings or parts thereof, sprues or gates or parts thereof, copper wire or brass car journals, or metal beer kegs, such junk dealer shall cause to be subscribed by the person from whom purchased a statement as to when, where and from whom he obtained such property, also his age, residence by city, village or town, and the street and number thereof, if any, and otherwise such description as will reasonably locate the same, his occupation and name of his employer and place of employment or business, which statement the junk dealer or scrap metal processor shall forthwith file with the Chief of Police or his representative.

§ 239-45. Exclusion of collateral loan broker.

No person or persons licensed to carry on business under the provisions of this chapter shall (during the continuance of such license) use, exercise or carry on the business or trade of a collateral loan broker, nor shall any collateral loan broker receive a license under the provisions of this chapter.

§ 239-56. Restrictions.

No person licensed pursuant to this chapter shall carry on any such business at any other house or place than the one designated in such license or continue to carry on such business after such license may have been revoked.

§ 239-67. Sign requirements; change of place of business.

Every person licensed under the provisions of this chapter shall have and keep a sign on the outside and in front of his shop or other place used for carrying on such business, on which shall be plainly set forth in conspicuous letters and figures his name, his licensed business and the number of his said license; and, in case any person so licensed, as aforesaid, shall remove his shop or place of business from the place designated in said license, he or she shall immediately thereupon give notice to the City Clerk and have the same endorsed upon such license, and the number of his shop or place of business shall thereupon be changed upon the sides of the cart or wagon used by such licensed person and made to correspond with such change of shop or place of business.

§ 239-78. Badge.

Every person licensed under the provisions of this chapter shall, when engaged in the business described in § 239-1 hereof or in soliciting, purchasing or receiving any of the articles mentioned herein, wear on the breast of his coat in a conspicuous place a metallic badge, which shall contain in legible, large-sized letters and figures the words "licensed junk dealer" and the number of his license.

§ 239-89. Repealer.

All ordinances or parts of ordinances of the City of Albany relating to junk dealers or inconsistent with the provisions of this chapter are hereby repealed.

§ 239-910. Penalties for offenses.
Every person who shall violate any of the provisions of this chapter shall be guilty of misdemeanor and, upon conviction, shall be punished by a fine not exceeding fifty dollars ($50.) or imprisonment in the Albany County Penitentiary for a term not exceeding six (6) months, or both such fine and imprisonment, and in addition thereto shall be liable to a penalty of fifty dollars ($50.) for each and every day any such provision shall be violated.

Section 2. This ordinance shall take effect thirty (30) days after passage.

Passed by the following vote of all the Council Members elected voting in favor thereof:

Affirmative ¬¬-- Calsolaro, Conti, Ellis, Fahey, Fox, Herring, Igoe, McLaughlin?, O’Brien?, Rosenzweig, Sano, Scalzo, Smith, and Timmons

Affirmative 14 Negative 0 Abstain 0

Council Member Igoe moved to amend Ordinance 20.31.08, and as amended asked for passage and a roll call vote thereon:

Ordinance Number 20.31.08 (as amended)

AN ORDINANCE AMENDING CHAPTER 239 (JUNK DEALERS) OF THE CODE OF THE CITY OF ALBANY

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

Section 1. Chapter 239 of the Code of the City of Albany is hereby amended as follows:

Chapter 239: JUNK DEALERS AND SCRAP METAL PROCESSING

§ 239-1. Authorization to issue license; license fee.

The City Clerk of the City of Albany is hereby authorized to issue licenses to citizens desiring to carry on the business of buying, selling and dealing in junk, rags, old rope, old iron, brass, copper, tin, lead, scrap metals or other old metals, old bottles, old glass, old bones, old tinware, old clothing unfit for wearing, old shoes or any secondhand articles except secondhand books and furniture upon payment annually, to the City of Albany, of the sum of $82.50 as a license fee for each and every license so issued.

§ 239-2. Definitions

"Scrap metal processing facility" shall mean an establishment engaged primarily in the purchase, processing and shipment of ferrous and/or non-ferrous scrap, the end product of which is the production of raw material for remelting purposes for steel mills, foundaries, smelters, refiners, and similar users.

"Scrap metal processor" shall mean any person, association, partnership or corporation operating and maintaining a "scrap metal processing facility".

§ 239-23. Prohibitions.

No person licensed as aforesaid shall receive, in the line of his business, any article or thing by way of pledge or pawn, nor shall he loan or advance any sum of money on the security of any such article or thing, nor shall any such person receive or purchase any goods, article or thing whatever from any person under the age of eighteen (18) years or from any person or persons whomsoever between the setting of the sun and the hour of 7:00 a.m.

§ 239-34. Report to Police Chief; Statements required from persons selling certain property.

A. Reporting.
1. Every person licensed under the provisions of this chapter is hereby required to make a report, in writing, to the Chief of Police of the City of Albany, in such form as such Chief may prescribe, specifying all articles purchased or received by him during a period of time specified in such request, together with the name and residence of the person or persons from whom such purchases were made and to whom such articles were sold.

Matter underlined is new; matter in brackets to be deleted.
2. Every junk dealer and scrap metal processor as defined by this chapter shall utilize the City’s electronic pawn and scrap metal reporting system to make an electronic report and the report shall be a full, true and complete report of all scrap metal purchased. The report shall show the hour of day when the scrap metal was purchased, amount purchased, a description of material purchased and the name and address of the person from whom the article was acquired. No items shall be received unless the person from whom the material is acquired exhibits a driver’s license or state issued ID card and the identifying number is recorded on the report.

3. All transactions will be placed into the City’s electronic pawn and scrap reporting system before the item in question is acquired. The pawn/scrap ticket number will be automatically generated by the City’s electronic reporting system.

B. Statements required from persons selling certain property.
On purchasing any pig or pigs of metal, bronze or brass castings or parts thereof, sprues or gates or parts thereof, copper wire or brass car journals, or metal beer kegs, such junk dealer shall cause to be subscribed by the person from whom purchased a statement as to when, where and from whom he obtained such property, also his age, residence by city, village or town, and the street and number thereof, if any, and otherwise such description as will reasonably locate the same, his occupation and name of his employer and place of employment or business, which statement the junk dealer or scrap metal processor shall forthwith file in the office of the Chief of Police.

§ 239-45. Exclusion of collateral loan broker.

No person or persons licensed to carry on business under the provisions of this chapter shall (during the continuance of such license) use, exercise or carry on the business or trade of a collateral loan broker, nor shall any collateral loan broker receive a license under the provisions of this chapter.

§ 239-56. Restrictions.

No person licensed pursuant to this chapter shall carry on any such business at any other house or place than the one designated in such license or continue to carry on such business after such license may have been revoked.

§ 239-67. Sign requirements; change of place of business.

Every person licensed under the provisions of this chapter shall have and keep a sign on the outside and in front of his shop or other place used for carrying on such business, on which shall be plainly set forth in conspicuous letters and figures his name, his licensed business and the number of his said license; and, in case any person so licensed, as aforesaid, shall remove his shop or place of business from the place designated in said license, he or she shall immediately thereupon give notice to the City Clerk and have the same endorsed upon such license, and the number of his shop or place of business shall thereupon be changed upon the sides of the cart or wagon used by such licensed person and made to correspond with such change of shop or place of business.

§ 239-78. Badge.

Every person licensed under the provisions of this chapter shall, when engaged in the business described in § 239-1 hereof or in soliciting, purchasing or receiving any of the articles mentioned herein, wear on the breast of his coat in a conspicuous place a metallic badge, which shall contain in legible, large-sized letters and figures the words "licensed junk dealer" and the number of his license.

§ 239-89. Repealer.
All ordinances or parts of ordinances of the City of Albany relating to junk dealers or inconsistent with the provisions of this chapter are hereby repealed.

§ 239-910. Penalties for offenses.

Every person who shall violate any of the provisions of this chapter shall be guilty of misdemeanor and, upon conviction, shall be punished by a fine not exceeding fifty dollars ($50.) or imprisonment in the Albany County Penitentiary for a term not exceeding six (6) months, or both such fine and imprisonment, and in addition thereto shall be liable to a penalty of fifty dollars ($50.) for each and every day any such provision shall be violated.

Section 2. This ordinance shall take effect immediately.

Passed by the following vote of all the Council Members elected voting in favor thereof:

Affirmative ¬¬-- Calsolaro, Conti, Ellis, Fahey, Fox, Herring, Igoe, McLaughlin?, O’Brien?, Rosenzweig, Sano, Scalzo, Smith, and Timmons

Affirmative 14 Negative 0 Abstain 0

The remaining ordinances on the pending agenda were held at the request of Council Member McLaughlin?.

CONSIDERATION OF RESOLUTIONS

Council Member Conti on behalf of Council Member Casey introduced the following, which was held:

Resolution Number 32.41.08R

RESOLUTION OF THE COMMON COUNCIL REQUESTING THE CITY BOARD OF EDUCATION TO EXPAND THE NUMBER OF POLLING PLACES AVAILABLE TO VOTERS

WHEREAS, voters in the City of Albany will have the opportunity to vote on the upcoming school budget and the facilities bond referendum, and

WHEREAS, the school district currently offers only sixteen (18) polling places whereat voters can exercise their rights, and

WHEREAS, the City of Albany offers seventy-one (71) polling place whereat residents can exercise their right to vote, and

WHEREAS, on May 15, 2007, the last vote on the district’s facilities plan, only 11.2% of eligible voters turned out due to the lack of available voting places,

NOW THEREFORE BE IT RESOLVED, that the Common Council join with the Mayor of the City of Albany in formally requesting that the school board make every effort to insure that residents of the City are given the opportunity to conveniently vote on these important issues and to eliminate the current policy of offering only limited locations that tends to disenfranchise voters.


Council Member Herring introduced the following, which was referred to the Human Resources and Human Rights Committee:

Resolution Number 34.41.08R

RESOLUTION OF THE COMMON COUNCIL RECOMMENDING THAT THE CITY OF ALBANY MUNICIPAL CIVIL SERVICE COMMISSION ADOPT A RULES AMENDMENT FOR ACTIVE DUTY MILITARY PERSONNEL

WHEREAS, the City of Albany Municipal Civil Service Commission may adopt their own rules and qualifications in addition to the existing state civil service laws; and

WHEREAS, the Commission is responsible for the local administration of the Civil Service Law and is responsible for conducting examinations and preparing eligibility lists; and

WHEREAS, current rules require that applicants for the City of Albany police officer or firefighter exam be a resident of Albany, Columbia, Greene, Rensselaer, Saratoga, Schoharie or Schenectady counties at least 30 days prior to taking the exam and provides a preference for applicants who are City of Albany residents for at least 30 days prior to taking the exam; and

WHEREAS, while this residency rule and preference is desirable, it eliminates many individuals who are in active military duty from applying. These individuals possess many of the skills desired for these positions and should be given an exemption from this residency rule. This exemption may also help the City to increase its pool of qualified woman and minority candidates for these departments.

NOW, THEREFORE, BE IT RESOLVED, that the Common Council of the City of Albany does hereby recommend that the City of Albany Municipal Civil Service Commission consider exempting active duty military personnel from the residency restriction currently imposed for police and firefighter exams.

Council Member Rosenzweig introduced the following, asked for passage and a roll call vote thereon:

Resolution Number 35.41.08R

RESOLUTION URGING THE MAYOR OF THE CITY OF ALBANY TO PURSUE THE USE OF WIND TURBINES ON CITY OWNED LAND

WHEREAS, wind energy diversifies the nation's energy supply, takes advantage of a domestic resource, and helps the nation meet its commitments to curb emissions of greenhouse gases, which threaten the stability of global climates; and

WHEREAS, wind power can play a significant role in the revitalization of local economies. Wind plants contribute to the local tax base for schools and infrastructure and municipalities may also receive payments as rent or royalty for use of their land. Wind power also produces direct economic effects including the purchase of materials and labor for construction, operations, maintenance, fuel extraction, and fuel transport. It also creates manufacturing jobs; and

WHEREAS, Horizon Wind Energy LLC, a Houston-based developer of wind energy farms has opened an office in Albany and will purchase 201 large wind turbines from General Electric Co. The use of wind energy is increasing in New York State as evidenced by this development; and

WHEREAS, the use of wind energy could make the City of Albany a leader in the State and put it at the forefront of the clean energy movement.

NOW, THEREFORE, BE IT RESOLVED, that the Common Council of the City of Albany urges the Mayor to study the feasibility of using city-owned land for wind power as a method of reducing energy expenses for the city, increasing revenue from city owned land, setting a “clean energy” example, and preserving our natural environment.

Resolution Number 35.41.08R was Co-Sponsored? by Council Members Sano, Smith and Timmons.

Passed by the following vote of all the Council Members elected voting in favor thereof:

Affirmative ¬¬-- Calsolaro, Conti, Ellis, Fahey, Fox, Herring, Igoe, McLaughlin?, O’Brien?, Rosenzweig, Sano, Scalzo, Smith, and Timmons

Affirmative 14 Negative 0 Abstain 0

Council Member O’Brien? introduced the following, which was referred to the General Services, Health and Environment Committee:

RESOLUTION OF THE COMMON COUNCIL CONFIRMING THE APPOINTMENT OF NICHOLAS J. D’ANTONIO AS THE COMMISSIONER OF THE DEPARTMENT OF GENERAL SERVICES

WHEREAS, the Mayor of the City of Albany has, pursuant to the provisions of Article 3 of the City Charter, appointed Nicholas J. D’Antonio? as the Commissioner of the Department of General Services.

NOW, THEREFORE, BE IT RESOLVED that Nicholas J. D’Antonio? is confirmed as the Commissioner of the Department of General Services.

Council Member Conti asked and received majority consent to add Resolution Number 37.41.08R to the pending agenda, which was approved by unanimous voice vote.

Council Members Sano, Calsolaro, Conti, Ellis, Fahey, Fox, Herring, Igoe, McLaughlin?, O’Brien?, Rosenzweig, Scalzo, Smith and Timmons introduced the following resolution, which was approved:

RESOLUTION NUMBER 37.41.08R (MC)

RESOLUTION COMMEMORATING THE MAIMONIDES HEBREW DAY SCHOOL OF THE CAPITAL DISTRICT'S 28TH ANNUAL SCHOLARSHIP TRIBUTE DINNER

WHEREAS, it is the sense of this Council to recognize and commend those institutions and individuals of commitment and high achievement whose purpose and endeavor have been dedicated to the pursuit of excellence in the education of the children of this great city; and

WHEREAS, religious institutions, and the many spiritual, social and educational benefits they confer, play a vital role in the development of the moral fabric of a responsible citizenry; and

WHEREAS, it is the tradition of this City and State to pay tribute to those institutions and individuals who have contributed to the ethical and spiritual values of their communities; and

WHEREAS, this Council is justly proud to commemorate the 28th Anniversary of Maimonides Hebrew Day School of the Capital District; and

WHEREAS, at the Annual Scholarship Tribute Dinner the school honored Michael Bernstein, Herb Cohen, Pearl and Sam Clevenson, Harold Shugar, Jim Clevenson, Jonathan Cohen, Nurit Carmel, Jack Lauber, Haim and Dalia Ben-Eliezer?, Faye and Rabbi Silton, Laurie Clevenson, Charlie Freedman, the Honorable Michael McNulty?, Anne Rothenberg and presented the Berger Memorial Award to Leo and Ruth Phaff; and

WHEREAS, the greatest asset of any society is its children and the hope and promise they represent for the future. Maimonides Hebrew Day School of the Capital District has a proud and rich history of providing its students with an educational and religious foundation which is both strong and enduring.

RESOLVED, that this Council pause in its deliberations to honor the Maimonides Hebrew Day School of the Capital District 27th Annual Scholarship Dinner and its honorees at the Annual Scholarship Dinner on April 30, 2007.

NOW, THEREFORE, BE IT FURTHER RESOLVED, that a copy of this Resolution, suitably engrossed be transmitted to the Maimonides Hebrew Day School of the Capital District.

Passed by the following vote of all the Council Members elected voting in favor thereof:

Affirmative ¬¬-- Calsolaro, Conti, Ellis, Fahey, Fox, Herring, Igoe, McLaughlin?, O’Brien?, Rosenzweig, Sano, Scalzo, Smith, and Timmons

Affirmative 14 Negative 0 Abstain 0

Council Member Herring asked for passage of RESOLUTION NUMBER 1.11.08R (RESOLUTION OF THE COMMON COUNCIL SUPPORTING THE HARRIMAN CAMPUS – UNIVERSITY AT ALBANY TRANSPORTATION LINKAGE STUDY), which had been previously introduced

Passed by the following vote of all the Council Members elected voting in favor thereof:

Affirmative ¬¬-- Calsolaro, Conti, Ellis, Fahey, Fox, Herring, Igoe, McLaughlin?, O’Brien?, Rosenzweig, Sano, Scalzo, Smith, and Timmons

Affirmative 14 Negative 0 Abstain 0

Council Member Herring asked for passage of RESOLUTION NUMBER 7.12.08R (RESOLUTION OF THE COMMON COUNCIL CONFIRMING THE APPOINTMENT OF DOUGLAS P. MACKEY AS A MEMBER OF THE HISTORIC RESOURCES COMMISSION), which had been previously introduced.

Passed by the following vote of all the Council Members elected voting in favor thereof:

Affirmative ¬¬-- Calsolaro, Conti, Ellis, Fahey, Fox, Herring, Igoe, McLaughlin?, O’Brien?, Rosenzweig, Sano, Scalzo, Smith, and Timmons

Affirmative 14 Negative 0 Abstain 0

The remaining resolutions on the pending agenda were held at the request of Council Member Conti.

MISCELLANEOUS AND UNFINISHED BUSINESS

Council Member McLaughlin? offered the following, which was approved by unanimous voice vote:

RESOLVED THAT THE FOLLOWING PERSONS BE AND HEREBY ARE APPOINTED COMMISSIONERS OF DEEDS FOR THE CITY OF ALBANY, NEW YORK FOR THE TERM ENDING DECEMBER 31, 2008, AND WAIVE THE READING OF THE NAMES:


Albany County Department of Management & Budget, 112 State St, Albany, NY 12207


Benson-Moore?, Charlene
Bulmer, Bridget
Carcia, Heather
Craig, Mary
Davis, Jennifer
DiLella?, Anthony
Hood, Amy
Hood, Donna
Johnson, Yoneka
Maloy, Amparo
Murray, Christina
Parker, Susan
Williams, Louis


Council Member Scalzo stated that he wanted to clarify that the Public Safety Committee has an ongoing investigation into the various Albany Police Department issues. He discussed the public comment regarding the State Investigation Commission letter and stated there was no opportunity to discuss it.

Council Member Ellis stated that when the allegations against APD were known a year ago, he made it clear the Public Safety Committee was not the way to handle the situation. And he made it clear that he would seek outside investigations. He discussed that these issues have been happening for years and expressed concern with Chief Tuffey not staying at public meetings to hear public comment. He stated that as elected officials, they need to hold departments accountable and he hoped to have had more members sign on to the letter.

Council Member O’Brien? stated that he does not disagree but the council has an obligation to follow through on the Public Safety committee’s investigation. He suggested possibly meeting with Chief Tuffey in private could have resulted in more answers.

Council Member Rosenzweig stated that he agreed with Council Member O’Brien? about the idea of meeting with the Chief. He stated he was not made aware of the letter to the SIC and it looked as though it reflected the opinion of the entire Council. He discussed the importance of the Council working as a whole even though people have different opinions.

Council Member Calsolaro stated that it was a letter done by six individuals and that anyone could submit a letter to the SIC requesting investigations. He stated that he has written several letters about various issues including the landfill and the convention center and welcomed anyone to sign on to his letters. He stated the letter was not done as a body.

Council Member Timmons stated that there were three newer members and three older members that signed the letter and asked why this could not have been done before Chief Tuffey. He stated other members should have been notified ahead of time. He discussed things getting done in his community with the help of the Mayor.

Council Member Fahey stated that she had a lot of concern for not sharing the information about the SIC letter but due to the serious allegations against APD, she felt there was a sense of urgency. She stated she had some regrets, but felt it was more important to get the letter out as soon as possible.

Council President Morris stated that the SIC letter was written and signed by a few members of the Council, but anyone in the room could write a letter to the SIC. She stated that there are many letters written and signed by few or all members.

Council Member McLaughlin? stated that she felt compelled to do something because after hearing comments from people everywhere and being asked what are you going to do, she felt it was important to send the letter to the SIC. She clarified that it was not a Council action. She stated that there was concern from members that this discussion would take place, but this was clearly an individual decision.

Council Member Igoe had statements on giving the authority to the CPRB.

Council Member Sano stated that News Channel 13 came to an agreement on a fair and equitable contract and hopefully their union and labor problems are over.

Council Member Smith stated there was discussion to move the police investigation process to another level. She stated that she represents a community that is affected disproportionately by these issues. She stated that she would like each of the members to think about even if it was done differently, would the members who did not sign on have signed on anyway.

Council Member Herring stated that he would have liked the opportunity to decide if he wanted to sign on or not. He stated the he had not seen the SIC letter. He stated that people seem to think that the other members did not want to sign the letter and that they should have informed the rest of the Council.

ADJOURNMENT


A motion was made for adjournment.

Council President Morris stated, hearing no objections, that the Council was adjourned.

A true record of the Common Council Minutes of April 7th, 2008

CASHAWNA PARKER
LEGISLATIVE AIDE TO THE COMMON COUNCIL

ALBANY COMMON COUNCIL
MINUTES OF A REGULAR MEETING

Monday, March 17, 2008

The Common Council was convened at 7:00 p.m. and was called to order by Council President Morris.

The roll being called, the following answered to their names: Council Members Calsolaro, Casey, Conti, Fahey, Fox, Herring, Igoe, McLaughlin?, O’Brien?, Rosenzweig, Sano, Scalzo, Smith, and Timmons.

Also present was the following staff: John Marsolais, Michelina Capozzolo, and Barbara Samel.

Council Member Rosenzweig led the Pledge of Allegiance.

PUBLIC COMMENT PERIOD

1) Amisha Gomez, 2007 Tulip Queen, 15 Glenwood Rd., Menands, NY (Tulip Queen Nominations and Programs)
2) Jennifer Quinn, 133 Jay St. Albany, NY (Howe Library Windows)
3) Holly Katz, 42 Elm St., Albany, NY (Howe Library Windows)
4) Colin McKnight?, 45 Elm St., Albany, NY (Howe Library Windows)
5) Marci David, 54 Elm St., Albany, NY (Howe Library Windows)
6) Frank Houde, 22 Elm St., Albany, NY (Howe Library Windows)
7) John Wolcott, 344 Sheridan Ave., Albany, NY (S. Pearl Demolitions, City Statements and Howe Library Windows)
8) Lynda Porteer, 540 Myrtle Ave., Albany, NY (Howe Library Windows)

Council Member Conti made a motion to extend Public Commend Period for an additional 30 minutes, which was approved by unanimous voice vote.

9) Stephen Winters, 227 Second Ave., Albany, NY (Howe Library Windows)
10) Timothy Burke, 161 Washington Ave, Albany Public Library (Howe Library Windows)
11) Susan Holland, 472 Madison Ave., Albany, NY (Howe Library Windows)
12) James M. Gallagher, 32 Holmes Dale, Albany, NY (Howe Library Windows)
13) Kimberly Alverez, 83 Grove Ave., Albany, NY (Howe Library Windows)
14) Stephen Jeffrey, La Ruche Movement, (Resolution 27.32.08R)
15) Frank Matthews, LaRuche? Movement (Resolution 27.32.08R)
16) Tom Ellis, 43 N. Pine Ave., Albany, NY (APD Oversight)
17) Mark Mishler, S. Manning Blvd, Albany, NY (APD Oversight)

There being no further speakers, the President declared the Public Comment Period closed.

APPROVAL OF MINUTES FROM PREVIOUS MEETING

Deferred

CONSIDERATION OF LOCAL LAWS

Council Member Conti made a motion to hold all the Local Laws on the pending agenda, which was approved by unanimous voice vote.

REPORTS OF STANDING COMMITTEES

Public Safety - Council Member Scalzo stated that the committee met on March 14, 2008 to discuss various APD polices.

Planning, Economic Development and Land Use – Council Member Herring stated that the committee would be meeting on March 26, 2008 to discuss Resolution 26.31.08R confirming the appointment of Christine Sisto Mertes to the Parking Authority, Resolution 7.12.08R confirming the appointment of Douglas P. Mackey to the Historic Resources Commission and Resolution 9.12.08R confirming the appointment of Sean Rafferty to the Historic Resources Commission. The committee will also have a presentation regarding the Harriman Campus Transportation Linkage study and discuss Council Member Fahey’s Ordinance 2.12.08 on Solar panels.

Parks, Recreation and Family Services – Council Member Calsolaro stated that the committee would meet on March 26, 2008 at 5:15PM to have a discussion with Faye Andrews, Commissioner of Youth and Workforce Services and John Gustin with the Department of Recreation on after school and summer programs for youth.

Law, Buildings and Code Enforcement – Council Member Igoe stated that the committee would meet on March 26, 2008 prior to the Parks Committee meeting to discuss Ordinance 20.31.08 on Junk Dealers and Ordinance 21.31.08 on Secondhand Dealers.

Finance, Taxation and Assessment - Council Member Sano stated that the committee met on Wednesday, March 5, 2008 at 5:30PM to discuss several Department of General Services bonding Ordinances. The Committee favorably recommended Ordinances 5.22.08 through 19.22.08 out of committee. He stated that the committee would be meeting March 19, 2008 to discuss Local Law C-2007 and the reappointment of Dominick Donato to the Board of Assessment Review.


CONSIDERATION OF ORDINANCES


Council Member O’Brien? moved for passage of ORDINANCE 22.31.08) (AN ORDINANCE AUTHORIZING AND DIRECTING THE CONVEYANCE OF ALL THE RIGHT, TITLE AND INTEREST OF THE CITY OF ALBANY IN AND TO 6 AUSTAIN AVENUE (TAX MAP #53.66-2-33) IN THE CITY OF ALBANY, NEW YORK AT PRIVATE SALE TO MICHAEL R. TOBLER), which had been previously introduced.

Passed by the following vote of all the Council Members elected voting in favor thereof:

Affirmative ¬¬-- Calsolaro, Casey, Conti, Fahey, Fox, Herring, Igoe, McLaughlin?, O’Brien?, Rosenzweig, Sano, Scalzo, Smith, and Timmons

Affirmative 14 Negative 0 Abstain 0

Council Member Sano moved for passage of ORDINANCE 5.22.08 (AN ORDINANCE AUTHORIZING CERTAIN PROJECTS BY THE CITY OF ALBANY, NEW YORK AT A MAXIMUM ESTIMATED COST OF $167,000.00 AND AUTHORIZING THE LEASE FINANCING OR THE ISSUANCE OF $167,000.00 SERIAL BONDS OF SAID CITY TO PAY THE COST THEREOF (GARBAGE TRUCK)), which had been previously introduced.

Passed by the following vote of all the Council Members elected voting in favor thereof:

Affirmative ¬¬-- Calsolaro, Casey, Conti, Fahey, Fox, Herring, Igoe, McLaughlin?, O’Brien?, Rosenzweig, Sano, Scalzo, Smith, and Timmons

Affirmative 14 Negative 0 Abstain 0

• Note: Council President Morris recognized Council President Pro Tempore Conti for the purpose of using a short roll call vote for the remaining bond ordinances, which was approved by unanimous voice vote.

Council Member Sano moved for passage of ORDINANCE 6.22.08 (AN ORDINANCE AUTHORIZING CERTAIN PROJECTS BY THE CITY OF ALBANY, NEW YORK AT A MAXIMUM ESTIMATED COST OF $125,000.00 AND AUTHORIZING THE LEASE FINANCING OR THE ISSUANCE OF $125,000.00 SERIAL BONDS OF SAID CITY TO PAY THE COST THEREOF (STREET SWEEPER)), which had been previously introduced.

Passed by the following vote of all the Council Members elected voting in favor thereof:

Affirmative ¬¬-- Calsolaro, Casey, Conti, Fahey, Fox, Herring, Igoe, McLaughlin?, O’Brien?, Rosenzweig, Sano, Scalzo, Smith, and Timmons

Affirmative 14 Negative 0 Abstain 0

Council Member Sano moved for passage of ORDINANCE 7.22.08 (AN ORDINANCE AUTHORIZING CERTAIN PROJECTS BY THE CITY OF ALBANY, NEW YORK AT A MAXIMUM ESTIMATED COST OF $45,000.00 AND AUTHORIZING THE LEASE FINANCING OR THE ISSUANCE OF $45,000.00 SERIAL BONDS OF SAID CITY TO PAY THE COST THEREOF (FARM TRUCK)), which had been previously introduced.

Passed by the following vote of all the Council Members elected voting in favor thereof:

Affirmative ¬¬-- Casey, Conti, Fahey, Fox, Herring, Igoe, McLaughlin?, O’Brien?, Rosenzweig, Sano, Scalzo, and Timmons

Negative -- Calsolaro and Smith

Affirmative 12 Negative 2 Abstain 0

Council Member Sano moved for passage of ORDINANCE 8.22.08 (AN ORDINANCE AUTHORIZING CERTAIN PROJECTS BY THE CITY OF ALBANY, NEW YORK AT A MAXIMUM ESTIMATED COST OF $200,000.00 AND AUTHORIZING THE LEASE FINANCING OR THE ISSUANCE OF $200,000.00 SERIAL BONDS OF SAID CITY TO PAY THE COST THEREOF (LOADER COMPOST FACILITY)), which had been previously introduced.

Passed by the following vote of all the Council Members elected voting in favor thereof:

Affirmative ¬¬-- Calsolaro, Casey, Conti, Fahey, Fox, Herring, Igoe, McLaughlin?, O’Brien?, Rosenzweig, Sano, Scalzo, Smith, and Timmons

Affirmative 14 Negative 0 Abstain 0

Council Member Sano moved for passage of ORDINANCE 9.22.08 (AN ORDINANCE AUTHORIZING CERTAIN PROJECTS BY THE CITY OF ALBANY, NEW YORK AT A MAXIMUM ESTIMATED COST OF $1,450,000.00 AND AUTHORIZING THE LEASE FINANCING OR THE ISSUANCE OF $1,450,000.00 SERIAL BONDS OF SAID CITY TO PAY THE COST THEREOF (STREET RECONSTRUCTION)), which had been previously introduced.

Passed by the following vote of all the Council Members elected voting in favor thereof:

Affirmative ¬¬-- Calsolaro, Casey, Conti, Fahey, Fox, Herring, Igoe, McLaughlin?, O’Brien?, Rosenzweig, Sano, Scalzo, Smith, and Timmons

Affirmative 14 Negative 0 Abstain 0

Council Member Sano moved for passage of ORDINANCE 10.22.08 (AN ORDINANCE AUTHORIZING CERTAIN PROJECTS BY THE CITY OF ALBANY, NEW YORK AT A MAXIMUM ESTIMATED COST OF $400,000.00 AND AUTHORIZING THE LEASE FINANCING OR THE ISSUANCE OF $400,000.00 SERIAL BONDS OF SAID CITY TO PAY THE COST THEREOF (SIDEWALK RECONSTRUCTION)), which had been previously introduced.

Passed by the following vote of all the Council Members elected voting in favor thereof:

Affirmative ¬¬-- Calsolaro, Casey, Conti, Fahey, Fox, Herring, Igoe, McLaughlin?, O’Brien?, Rosenzweig, Sano, Scalzo, Smith, and Timmons

Affirmative 14 Negative 0 Abstain 0

Council Member Sano moved for passage of ORDINANCE 11.22.08 (AN ORDINANCE AUTHORIZING CERTAIN PROJECTS BY THE CITY OF ALBANY, NEW YORK AT A MAXIMUM ESTIMATED COST OF $215,000.00 AND AUTHORIZING THE LEASE FINANCING OR THE ISSUANCE OF $215,000.00 SERIAL BONDS OF SAID CITY TO PAY THE COST THEREOF (ADA COMPLIANCE)), which had been previously introduced.

Passed by the following vote of all the Council Members elected voting in favor thereof:

Affirmative ¬¬-- Calsolaro, Casey, Conti, Fahey, Fox, Herring, Igoe, McLaughlin?, O’Brien?, Rosenzweig, Sano, Scalzo, Smith, and Timmons

Affirmative 14 Negative 0 Abstain 0

Council Member Sano moved for passage of ORDINANCE 12.22.08 (AN ORDINANCE AUTHORIZING CERTAIN PROJECTS BY THE CITY OF ALBANY, NEW YORK AT A MAXIMUM ESTIMATED COST OF $350,000.00 AND AUTHORIZING THE LEASE FINANCING OR THE ISSUANCE OF $350,000.00 SERIAL BONDS OF SAID CITY TO PAY THE COST THEREOF (QUACKENBUSH REPAIRS)), which had been previously introduced.

Passed by the following vote of all the Council Members elected voting in favor thereof:

Affirmative ¬¬-- Calsolaro, Casey, Conti, Fahey, Fox, Herring, Igoe, McLaughlin?, O’Brien?, Rosenzweig, Sano, Scalzo, Smith, and Timmons

Affirmative 14 Negative 0 Abstain 0

Council Member Sano moved for passage of ORDINANCE 13.22.08 (AN ORDINANCE AUTHORIZING CERTAIN PROJECTS BY THE CITY OF ALBANY, NEW YORK AT A MAXIMUM ESTIMATED COST OF $450,000.00 AND AUTHORIZING THE LEASE FINANCING OR THE ISSUANCE OF $450000.00 SERIAL BONDS OF SAID CITY TO PAY THE COST THEREOF (MECHANICAL SYSTEMS IMPROVEMENTS)), which had been previously introduced.

Passed by the following vote of all the Council Members elected voting in favor thereof:

Affirmative ¬¬-- Calsolaro, Casey, Conti, Fahey, Fox, Herring, Igoe, McLaughlin?, O’Brien?, Rosenzweig, Sano, Scalzo, Smith, and Timmons

Affirmative 14 Negative 0 Abstain 0


Council Member Sano moved for passage of ORDINANCE 14.22.08 (AN ORDINANCE AUTHORIZING CERTAIN PROJECTS BY THE CITY OF ALBANY, NEW YORK AT A MAXIMUM ESTIMATED COST OF $300,000.00 AND AUTHORIZING THE LEASE FINANCING OR THE ISSUANCE OF $300,000.00 SERIAL BONDS OF SAID CITY TO PAY THE COST THEREOF (ELEVATOR RENOVATIONS)), which had been previously introduced.

Passed by the following vote of all the Council Members elected voting in favor thereof:

Affirmative ¬¬-- Calsolaro, Casey, Conti, Fahey, Fox, Herring, Igoe, McLaughlin?, O’Brien?, Rosenzweig, Sano, Scalzo, Smith, and Timmons

Affirmative 14 Negative 0 Abstain 0


Council Member Sano moved for passage of ORDINANCE 15.22.08 (AN ORDINANCE AUTHORIZING CERTAIN PROJECTS BY THE CITY OF ALBANY, NEW YORK AT A MAXIMUM ESTIMATED COST OF $347,000.00 AND AUTHORIZING THE LEASE FINANCING OR THE ISSUANCE OF $347,000.00 SERIAL BONDS OF SAID CITY TO PAY THE COST THEREOF (CORNING PRESERVE BIKE PATH)), which had been previously introduced.
Ordinance Number 15.22.08 was Co-Sponsored? by Council Member Calsolaro.

Passed by the following vote of all the Council Members elected voting in favor thereof:

Affirmative ¬¬-- Calsolaro, Casey, Conti, Fahey, Fox, Herring, Igoe, McLaughlin?, O’Brien?, Rosenzweig, Sano, Scalzo, Smith, and Timmons

Affirmative 14 Negative 0 Abstain 0

Council Member Sano moved for passage of ORDINANCE 16.22.08 (AN ORDINANCE AUTHORIZING CERTAIN PROJECTS BY THE CITY OF ALBANY, NEW YORK AT A MAXIMUM ESTIMATED COST OF $50,000.00 AND AUTHORIZING THE LEASE FINANCING OR THE ISSUANCE OF $50,000.00 SERIAL BONDS OF SAID CITY TO PAY THE COST THEREOF (CITY HALL ROOF)), which had been previously introduced.

Passed by the following vote of all the Council Members elected voting in favor thereof:

Affirmative ¬¬-- Calsolaro, Casey, Conti, Fahey, Fox, Herring, Igoe, McLaughlin?, O’Brien?, Rosenzweig, Sano, Scalzo, Smith, and Timmons

Affirmative 14 Negative 0 Abstain 0


Council Member Sano moved for passage of ORDINANCE 17.22.08 (AN ORDINANCE AUTHORIZING CERTAIN PROJECTS BY THE CITY OF ALBANY, NEW YORK AT A MAXIMUM ESTIMATED COST OF $2,338,000.00 AND AUTHORIZING THE LEASE FINANCING OR THE ISSUANCE OF $2,338,000.00 SERIAL BONDS OF SAID CITY TO PAY THE COST THEREOF (STREET RECONSTRUCTION)), which had been previously introduced.

Ordinance Number 17.22.08 was Co-Sponsored? by Council Members Calsolaro, Fahey, and Scalzo.

Passed by the following vote of all the Council Members elected voting in favor thereof:

Affirmative ¬¬-- Calsolaro, Casey, Conti, Fahey, Fox, Herring, Igoe, McLaughlin?, O’Brien?, Rosenzweig, Sano, Scalzo, Smith, and Timmons

Affirmative 14 Negative 0 Abstain 0


Council Member Sano moved for passage of ORDINANCE 18.22.08 (AN ORDINANCE AUTHORIZING CERTAIN PROJECTS BY THE CITY OF ALBANY, NEW YORK AT A MAXIMUM ESTIMATED COST OF $80,000.00 AND AUTHORIZING THE LEASE FINANCING OR THE ISSUANCE OF $80,000.00 SERIAL BONDS OF SAID CITY TO PAY THE COST THEREOF (LINCOLN PARK IMPROVEMENTS)), which had been previously introduced.

Ordinance Number 18.22.08 was Co-Sponsored? by Council Members Calsolaro and McLaughlin?.

Passed by the following vote of all the Council Members elected voting in favor thereof:

Affirmative ¬¬-- Calsolaro, Casey, Conti, Fahey, Fox, Herring, Igoe, McLaughlin?, O’Brien?, Rosenzweig, Sano, Scalzo, Smith, and Timmons

Affirmative 14 Negative 0 Abstain 0


Council Member Sano moved for passage of ORDINANCE 19.22.08 (AN ORDINANCE AUTHORIZING CERTAIN PROJECTS BY THE CITY OF ALBANY, NEW YORK AT A MAXIMUM ESTIMATED COST OF $75,000.00 AND AUTHORIZING THE LEASE FINANCING OR THE ISSUANCE OF $75,000.00 SERIAL BONDS OF SAID CITY TO PAY THE COST THEREOF (WASHINGTON PARK IMPROVEMENTS)), which had been previously introduced.

Ordinance Number 19.22.08 was Co-Sponsored? by Council Members Calsolaro and Conti.

Passed by the following vote of all the Council Members elected voting in favor thereof:

Affirmative ¬¬-- Calsolaro, Casey, Conti, Fahey, Fox, Herring, Igoe, McLaughlin?, O’Brien?, Rosenzweig, Sano, Scalzo, Smith, and Timmons

Affirmative 14 Negative 0 Abstain 0


The remaining ordinances on the pending agenda were held at the request of Council Member Conti.


CONSIDERATION OF RESOLUTIONS

Council Member Sano, Calsolaro, Fahey, Fox, and McLaughlin?, offered the following, which was referred to the Finance, Taxation and Assessment Committee:

Resolution Number 27.32.08R

RESOLUTION OF THE COMMON COUNCIL SUPPORTING THE NEW YORK STATE ASSEMBLY IN CALLING UPON CONGRESS TO ENACT THE HOMEOWNERS AND BANKS PROTECTION ACT

WHEREAS, the onrushing financial crisis involving home mortgages, debt instruments of all types and the banking system of the United States threatens to set off an economic collapse worse than the Great Depression of the 1930s; and
WHEREAS, millions of Americans are faced with foreclosure and loss of their homes over the coming months; and
WHEREAS, the hedge funds which spread this financial collapse among markets worldwide, by dominating speculation in all those markets, are now going bankrupt and demanding government bailout of their securities and derivatives, and the nominal value of the derivatives based on mortgages alone is the size of the combined GDP of the nations of the world; and
WHEREAS, This financial crisis threatens the integrity of both Federal and State chartered banks, as typified by the run on deposits of Countrywide Financial Corporation in California on August 16, which could wipe out the life savings of too many American people and drastically undermine the economic stability of our states and cities; and
WHEREAS, Under similar circumstances in the 1930s, President Franklin D. Roosevelt successfully intervened to protect banks and homeowners, addressing Congress with a "declaration of national policy" on April 13, 1933, which stated "that the broad interests of the Nation require that special safeguards should be thrown around home ownership as a guarantee of social and economic stability, and that to protect homeowners from inequitable enforced liquidation in a time of general distress is a proper concern of the Government".
NOW, THEREFORE, BE IT RESOLVED, that the Common Council of the City of Albany supports New York State Assembly Bill Number K01272, and that we call upon Congress to take emergency action to protect homeowners and banks by enacting a Homeowners and Banks Protection Act specifically to:
1. Establish a Federal agency to place Federal and State chartered banks under protection, freezing all existing home mortgages for a period of time, adjusting mortgage values to fair prices, restructuring existing mortgages at appropriate interest rates and writing off speculative debt obligations of mortgage-backed securities, financial derivatives and other forms of financial pyramid schemes that have brought the banking system to the point of bankruptcy;
2. Declare a moratorium on all home foreclosures for the duration of the transitional period, allowing families to retain their homes. Monthly payments, the equivalent of "rental payments", shall be made to designated banks, which can use the funds as collateral for normal lending practices, thus recapitalizing the banking system. These affordable monthly payments will be factored into new mortgages, reflecting the orderly deflating of the housing bubble, the establishment of appropriate property valuations and reduced fixed mortgage interest rates. While this may take several years to achieve, in the interim period no homeowner shall be evicted from his or her property, and the Federal and State chartered banks shall be protected so that they can resume their traditional functions, serving local communities and facilitating credit for investment in productive entities; and
3. Authorize Governors of several states to assume the administrative responsibilities for implementing the program, including the "rental" assessments to designated banks, with the Federal government providing the necessary credits and guarantees to assure the successful transition.
BE IT FURTHER RESOLVED, that the Common Council requests that the City Clerk forward suitable copies of this resolution to the President of the United States, Senators Charles Schumer and Hillary Clinton, Representative Michael McNulty?, Governor Eliot Spitzer, Senate Majority Leader Joseph Bruno, Senate Minority Leader Malcolm Smith, Senator Neil Breslin, Assembly Speaker Sheldon Silver, Assembly Majority Leader Ron Canestrari and Assemblyman John McEneny?.


Council Member Casey offered the following, which was referred to the Council Operations Committee

Resolution Number 28.32.08R

RESOLUTION OF THE COMMON COUNCIL AMENDING THE RULES OF PROCEDURE IN RELATION TO LEADERSHIP MEETINGS

RESOLVED, that Section 2.3 of Article 2 (Meetings) of the Rules of Procedure of the Common Council is amended to read as follows:

SECTION 2.3.

Quorum; President Pro-Tempore; Majority Leader Council Leadership

(a) A majority of the Alderpersons elected shall constitute a quorum, but a smaller number may adjourn from time to time and compel the attendance of absent members. The Council shall be called to order by the President, or, if he be absent, by the President Pro-Tempore?, who shall preside until the President appears.

(b) The Majority Leader shall assist the President Pro-Tempore? in carrying out his/her duties and in the securing of the attendance of Alderpersons for meeting. Whenever the President Pro-Tempore? shall be excused or absent, the Majority Leader shall be substituted in his/her place and stead, but to act for that meeting only.

(c) Whenever the President Pro-Tempore? and Majority Leader meet with the Mayor, Deputy Mayor or Executive Assistant to the Mayor as representatives of the Common Council or to discuss Common Council business or meetings, they shall prepare a written report for distribution at the next scheduled meeting of the Common Council. The report shall include the names of those in attendance, the subjects discussed and a brief outline of the discussions.

Council Member Conti asked and received majority consent to add Resolution Numbers 29.32.08R, 30.32.08R, and 31.32.08R to the pending agenda, which was approved by unanimous voice vote.

Council Members McLaughlin? and Smith offered the following, asked for passage and a roll call vote thereon:

Resolution Number 29.32.08R(MC)

RESOLUTION OF THE COMMON COUNCIL SUPPORTING THE ALBANY LOCAL DEVELOPMENT CORPORATION (ALDC) IN ITS APPLICATION TO THE NEW YORK STATE DIVISION OF HOUSING AND COMMUNITY RENEWAL (DHCR) UNDER THE NEW YORK MAIN STREET GRANT PROGRAM FOR FUNDING FOR THE ALBANY DOWNTOWN RESIDENTIAL BUILDING RENOVATION PROGRAM

WHEREAS, the Albany Local Development Corporation (ALDC) is applying to the New York State Division of Housing and Community Renewal (DHCR) for funding under the Main Street Grant Program for a grant in the amount of $200,000, to aid in the implementation of the Albany Downtown Residential Building Renovation Program, in the City of Albany; and

WHEREAS, the grant application requires that the applicant obtain the approval and endorsement of the governing body of the municipality in which the project will be located.

NOW, THEREFORE, BE IT RESOLVED, that the Common Council of the City of Albany does hereby approve and endorse the application of the Albany Local Development Corporation for a grant from the New York State Division of Housing and Community Renewal Main Street Grant Program in the amount of $200,000 to aid in the implementation of the Albany Downtown Residential Building Renovation Program.

Passed by the following vote of all the Council Members elected voting in favor thereof:

Affirmative ¬¬-- Calsolaro, Casey, Conti, Fahey, Fox, Herring, Igoe, McLaughlin?, O’Brien?, Rosenzweig, Sano, Scalzo, Smith, and Timmons

Affirmative 14 Negative 0 Abstain 0

Council Member McLaughlin? and Calsolaro offered the following, asked for passage and a roll call vote thereon:

RESOLUTION NUMBER 30.32.08R (MC)

RESOLUTION URGING THE ALBANY PUBLIC LIBRARY BOARD TO RECONSIDER THEIR DECISION ON REPLACING THE HISTORIC WINDOWS AT THE HOWE LIBRARY

WHEREAS, the Albany Public Library Board of Trustees is making much needed renovations to branches within the system including the Howe Library. Work on the Howe Library is scheduled to begin April 1, and

WHEREAS, the Howe Library is the only library in the Albany Public Library system that was constructed to be a library and is still used as one today . The building was constructed in 1928 and one of it's most character-defining features is its windows, and

WHEREAS, the Albany Public Library Board of Trustees has decided to remove these windows and replace them with new windows even though options exist to cost effectively repair the existing windows, and
WHEREAS, the City of Albany Historic Resource Commission does not have any jurisdiction to review this decision and the concerned neighbors and preservationists have no opportunity to have a hearing as to this decision.

WHEREAS, replacing these windows is against the historic preservation standards established by the U.S. Department of the Interior and it ruins the historic character of the building forever and is irreversible.

NOW, THEREFORE, BE IT RESOLVED, that the City of Albany Common Council joins with the Historic Albany Foundation in urging the Albany Public Library Board of Trustees to reconsider their decision and to preserve the historic windows at the Howe Library.

BE IT FURTHER RESOLVED, that a copy of this resolution be immediately forwarded to each member of the Albany Public Library Board of Trustees and to the Executive Director of the library system.

Resolution Number 30.32.08R (MC) was Co-Sponsored? by Council Members Conti, Fahey and Smith.

Passed by the following vote of all the Council Members elected voting in favor thereof:

Affirmative ¬¬-- Calsolaro, Casey, Conti, Fahey, Fox, Herring, McLaughlin?, O’Brien?, Sano, Scalzo, and Smith

Negative -- Igoe, Rosenzweig and Timmons

Affirmative 11 Negative 3 Abstain 0

Council Member Sano, Calsolaro, Casey, Conti, Fahey, Fox, Herring, Igoe, McLaughlin?, O’Brien?, Rosenzweig, Scalzo, Smith and Timmons offered the following, asked for passage and a roll call vote thereon:

RESOLUTION NUMBER 31.32.08R (MC)

RESOLUTION CONGRATULATING ST. TERESA OF AVILA SCHOOL ON THEIR 80TH ANNIVERSARY

WHEREAS, the Catholic educational mission of St. Teresa of Avila School is to encourage all aspects of each individual child’s development with particular emphasis on the spiritual and intellectual growth. St. Teresa’s seeks to provide the highest quality academic education within a caring, supportive Catholic/Christian environment where students can experience a sense of community. St. Teresa of Avila School strives to develop a sense of social justice in each child by emphasizing our responsibility to respect the life and dignity of God’s people, and

WHEREAS, the first students of St. Teresa of Avila were educated in the former rectory, a farmhouse on the grounds of the present church, accommodating grades one through four. In 1928 remodeling of the church took place and a school was added to the second floor. That year there were 300 students enrolled in grades one to seven taught by the Religious Sisters of Mercy. In 1930 Grade 8 was added, and

WHEREAS, in September 1957 a junior high building was erected on the corner of New Scotland and Hollywood Avenues. At this time it housed grades seven through nine. This building also contains an auditorium, gymnasium, library and a science lab. The ninth grade ended in 1967, when a double graduation ceremony was held for the eighth and ninth grade students. The following September the 6th grade was departmentalized and moved to the middle school building followed by the 5th grade in September 1992. Currently, the "Grammar School" building houses a nursery class of 3 year olds, a pre-kindergarten as well as grades K-4. The "Middle School" building continues to house grades 5-8, and

WHEREAS, in its eighty years, St. Teresa of Avila School has provided a sound education for countless city youth, participated as part of the community in its school charitable works and taught its students the value of contributing to those less fortunate in our community, provided a place for recreation of our youth, and has contributed to the overall health and well-being of the city.

NOW, THEREFORE, BE IT RESOLVED, that the Common Council of the City of Albany hereby congratulates St. Teresa of Avila School on their 80th anniversary and wish them continued success in educating the city’s youth.

Passed by the following vote of all the Council Members elected voting in favor thereof:

Affirmative ¬¬-- Calsolaro, Casey, Conti, Fahey, Fox, Herring, Igoe, McLaughlin?, O’Brien?, Rosenzweig, Sano, Scalzo, Smith, and Timmons

Affirmative 14 Negative 0 Abstain 0

Council Members Sano and O’Brien? moved to amend Resolution 24.31.08R, and as amended asked for passage, and a roll call vote thereon:

RESOLUITION NUMBER 24.31.08R (as amended)

RESOLUTION CALLING ON THE NYS DEPARTMENT OF TRANSPORTATION TO MAINTAIN THE STATE’S OWN HIGHWAYS.

WHEREAS, Governor Eliot Spitzer has created the Commission on Local Government Efficiency and Competitiveness in an effort to save property taxpayers millions of dollars by recommending solutions to deliver local services more efficiently, and

WHEREAS, the Governor has said, “Inefficient delivery of government services and excessive layers of bureaucracy have long contributed to New York’s chronically high taxes. These efficiency measures demonstrate that we are serious about reigning in unfunded mandates and out of control spending. Many of these improvements were modeled on initiatives developed by local government officials, who have shown vision and energy in suggesting ways to streamline the delivery of services to their regions,” and

WHEREAS, the Commission on Local Government Efficiency and Competitiveness will issue its comprehensive recommendations in April. Early recommendations already included in the Governor's Executive Budget include: a consolidation incentive for highway services which will provide a 30 percent aid bonus giving transitional support to local governments that functionally consolidate highway operations countywide and coordination of state and local highway services by promoting greater cooperation between the state and localities, in the delivery of highway services, particularly under emergency conditions, and
WHEREAS, the Common Council of the City of Albany has called upon the State Legislature in the past to address the confusing and unfair system for the maintenance of state highways passing through cities, towns and villages, and
WHEREAS, the statutory guidelines for the maintenance of state highways were developed in the 1940’s when traffic and resources were concentrated in the cities and state highways in towns and villages were mainly farm roads. Sixty years later this statutory scheme no longer makes sense as resources are no longer concentrated in cities and traffic on state highways passing through suburbs is as heavy as it is in the cities, and
WHEREAS, the City of Albany maintains Central Avenue (NYS Rt. 5), Henry Johnson Boulevard (NYS Rt. 9), Van Rensselaer Boulevard (NYS Rt. 377), Western Avenue (NYS Rt. 20), Pearl Street/Broadway (NYS Rt. 32), Delaware Avenue (NYS Rt. 443), New Scotland Avenue (NYS Rt. 85), and Southern Boulevard (NYS Rt. 9W). The adjacent towns and villages do not have to maintain these roads as the State assumes full responsibility for these highways once they cross the City line, and
WHEREAS, this creates a double standard with transportation funding as cities must seek to maintain state highways and city streets while towns and villages only need to seek state funding for the maintenance of town and village streets.

NOW, THEREFORE, BE IT RESOLVED, that the Common Council of the City of Albany urges Governor David Patterson and the Commission on Local Government Efficiency and Competitiveness to use this opportunity to end this unfunded mandate on the State’s cities and maintain all of its state highways, even those that run through cities.

NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Common Council of the City of Albany requests that the Clerk of this Council forward copies of this resolution to Governor David Patterson, Senate Majority Leader Joseph Bruno, Assembly Speaker Sheldon Silver, Senate Minority Leader Malcolm Smith, Assembly Minority Leader James Tedisco, Senator Neil Breslin, and to Assemblymen John McEneny? and Ronald Canestrari.

Resolution Number 24.31.08R was Co-Sponsored? by Council Members Casey, Fox, McLaughlin?, Smith and Timmons

Passed by the following vote of all the Council Members elected voting in favor thereof:

Affirmative ¬¬-- Calsolaro, Casey, Conti, Fahey, Fox, Herring, Igoe, McLaughlin?, O’Brien?, Rosenzweig, Sano, Scalzo, Smith, and Timmons

Affirmative 14 Negative 0 Abstain 0

The remaining resolutions on the pending agenda were held at the request of Council Member Conti.

MISCELLANEOUS AND UNFINISHED BUSINESS

Council Member McLaughlin? stated that she thought it was appropriate that the Tulip Queen was present to talk about literacy education program because tonight there was a lot of discussion at the Howe Library.

ADJOURNMENT

Council Member Conti asked the Council Member Ellis be excused.

A motion was made for adjournment.

Council President Morris stated, hearing no objections, that the Council was adjourned.

A true record of the Common Council Minutes of March 17th, 2008

CASHAWNA PARKER
LEGISLATIVE AIDE TO THE COMMON COUNCIL

REVISED 4/24/08


COMMON COUNCIL COMMITTEE MEETING
FINANCE, TAXATION & ASSESSMENT COMMITTEE
James P. Sano, Chair

DATE: Wednesday, May 7, 2008

PLACE: City Court Room – 2nd Floor City Hall

TIME: 5:30 p.m.

TOPIC(S) OF DISCUSSION/CONSIDERATION:

Ordinance Number 26.42.08

AN ORDINANCE AUTHORIZING CERTAIN PROJECTS BY THE CITY OF ALBANY, NEW YORK AT A MAXIMUM ESTIMATED COST OF $35,000.00 AND AUTHORIZING THE LEASE FINANCING OR THE ISSUANCE OF $35,000.00 SERIAL BONDS OF SAID CITY TO PAY THE COST THEREOF. (ONE TON PICKUP- LANDFILL)

Ordinance Number 27.42.08

AN ORDINANCE AUTHORIZING CERTAIN PROJECTS BY THE CITY OF ALBANY, NEW YORK AT A MAXIMUM ESTIMATED COST OF $56,650.00 AND AUTHORIZING THE ISSUANCE OF $56,650.00 SERIAL BONDS OF SAID CITY TO PAY THE COST THEREOF. (FLARE GAS ANALYZER)

Ordinance Number 28.42.08

AN ORDINANCE AUTHORIZING CERTAIN PROJECTS BY THE CITY OF ALBANY, NEW YORK AT A MAXIMUM ESTIMATED COST OF $120,000.00 AND AUTHORIZING THE ISSUANCE OF $120,000.00 SERIAL BONDS OF SAID CITY TO PAY THE COST THEREOF. (SCADA SYSTEM LANDFILL)

Ordinance Number 29.42.08

AN ORDINANCE AUTHORIZING CERTAIN PROJECTS BY THE CITY OF ALBANY, NEW YORK AT A MAXIMUM ESTIMATED COST OF $205,000.00 AND AUTHORIZING THE ISSUANCE OF $205,000.00 SERIAL BONDS OF SAID CITY TO PAY THE COST THEREOF. (CAES GPS LANDFILL GRADING SYSTEM)

Ordinance Number 30.42.08

AN ORDINANCE AUTHORIZING CERTAIN PROJECTS BY THE CITY OF ALBANY, NEW YORK AT A MAXIMUM ESTIMATED COST OF $155,000.00 AND AUTHORIZING THE ISSUANCE OF $155,000.00 SERIAL BONDS OF SAID CITY TO PAY THE COST THEREOF. (POSISHELL EQUIPMENT LANDFILL)

Ordinance Number 31.42.08

AN ORDINANCE AUTHORIZING CERTAIN PROJECTS BY THE CITY OF ALBANY, NEW YORK AT A MAXIMUM ESTIMATED COST OF $6,991,000.00 AND AUTHORIZING THE ISSUANCE OF $6,991,000.00 SERIAL BONDS OF SAID CITY TO PAY THE COST THEREOF. (LANDFILL EXPANSION)


Ordinance Number 32.42.08

AN ORDINANCE AUTHORIZING CERTAIN PROJECTS BY THE CITY OF ALBANY, NEW YORK AT A MAXIMUM ESTIMATED COST OF $1,700,000.00 AND AUTHORIZING THE ISSUANCE OF $1,700,000.00 SERIAL BONDS OF SAID CITY TO PAY THE COST THEREOF. (PINE BUSH RESTORATION)

Ordinance Number 33.42.08

AN ORDINANCE AUTHORIZING CERTAIN PROJECTS BY THE CITY OF ALBANY, NEW YORK AT A MAXIMUM ESTIMATED COST OF $287,400.00 AND AUTHORIZING THE LEASE FINANCING OR THE ISSUANCE OF $287,400.00 SERIAL BONDS OF SAID CITY TO PAY THE COST THEREOF. (EXCAVATOR-LANDFILL)

Ordinance Number 34.42.08

AN ORDINANCE AUTHORIZING CERTAIN PROJECTS BY THE CITY OF ALBANY, NEW YORK AT A MAXIMUM ESTIMATED COST OF $123,600.00 AND AUTHORIZING THE ISSUANCE OF $123,600.00 SERIAL BONDS OF SAID CITY TO PAY THE COST THEREOF. (VIBRATORY ROLLER LANDFILL)

Ordinance Number 35.42.08

AN ORDINANCE AUTHORIZING CERTAIN PROJECTS BY THE CITY OF ALBANY, NEW YORK AT A MAXIMUM ESTIMATED COST OF $329,600.00 AND AUTHORIZING THE LEASE FINANCING OR THE ISSUANCE OF $329,600.00 SERIAL BONDS OF SAID CITY TO PAY THE COST THEREOF. (ARTICULATED DUMP TRUCK-LANDFILL)

Ordinance Number 36.42.08
AN ORDINANCE AUTHORIZING CERTAIN PROJECTS BY THE CITY OF ALBANY, NEW YORK AT A MAXIMUM ESTIMATED COST OF $750,000.00 AND AUTHORIZING THE ISSUANCE OF $750,000.00 SERIAL BONDS OF SAID CITY TO PAY THE COST THEREOF. (PROFESSIONAL FEES LANDFILL)

• Additional Discussion**

LOCAL LAW C-2007 (As Amended October 15, 2007)

A LOCAL LAW AMENDING SECTION 603(D) OF THE CITY OF ALBANY CHARTER IN RELATION TO THE AUTHORITY OF THE BOARD OF ESTIMATE AND APPORTIONMENT TO TRANSFER BUDGETED FUNDS

Ordinance Number 25.42.08

AN ORDINANCE AMENDING VARIOUS SECTIONS OF THE CITY CODE TO INCREASE FEES AND FINES

Resolution Number 27.32.08R

RESOLUTION OF THE COMMON COUNCIL SUPPORTING THE NEW YORK STATE ASSEMBLY IN CALLING UPON CONGRESS TO ENACT THE HOMEOWNERS AND BANKS PROTECTION ACT

Resolution Number 41.42.08R

RESOLUTION ADOPTING A CITY OF ALBANY DEBT POLICY AS REQUIRED BY SECTION 408 OF THE CITY CHARTER

PUBLIC COMMENT PERIOD: YES

REVISED 4/23/08




COMMON COUNCIL COMMITTEE MEETING


HUMAN RESOURCES AND HUMAN RIGHTS
Glen Casey, Chair



DATE: Wednesday, April 30, 2008

PLACE: City Court Room 209– 2nd Fl. City Hall or
Mayor’s Conference Room – 1st Floor City Hall

TIME: 6:00 PM (or Immediately following caucus)

TOPIC OF DISCUSSION:


Interview candidates for the Albany Human Rights Commission

ADDITIONAL DISCUSSION:

RESOLUTION NUMBER 34.41.08R

RESOLUTION OF THE COMMON COUNCIL RECOMMENDING THAT THE CITY OF ALBANY MUNICIPAL CIVIL SERVICE COMMISSION ADOPT A RULES AMENDMENT FOR ACTIVE DUTY MILITARY PERSONNEL


PUBLIC COMMENT PERIOD: No

COMMON COUNCIL COMMITTEE MEETING


LAW, BUILDINGS AND CODE ENFORCEMENT
Joseph Igoe, Chair



DATE: Tuesday, April 29, 2008

PLACE: City Court, Room 209 – 2nd Fl. City Hall

TIME: 5:30 PM


TOPIC OF DISCUSSION:



RECONSIDER ORDINANCE NUMBER 20.31.08 (AMENDING CHAPTER 239 (JUNK DEALERS)) AND ORDINANCE NUMBER 21.31.08 (AMENDING CHAPTER 293 (SECONDHAND DEALERS))




PUBLIC COMMENT PERIOD: Yes

RESOLUTIONS INTRODUCED



42.51.08R AUTHORIZING THE IMPLEMENTATION, AND FUNDING IN THE FIRST INSTANCE 100% OF THE FEDERAL-AID AND STATE “MARCHISELLI” PROGRAM-AID ELIGIBLE COSTS, OF A TRANSPORTATION FEDERAL-AID PROJECT, AND APPROPRIATING FUNDS THEREFOR. (DELAWARE AVENUE ROAD RECONSTRUCTION PROJECT, P.I.N. 1756.61)



43.51.08R RESOLUTION DECLARING MAY AS BIKE MONTH IN THE CITY OF ALBANY



44.51.08R RESOLUTION OF THE ALBANY COMMON COUNCIL IN SUPPORT OF THE HENRY KNOX CANNON TRAIL MARKER RESTORATION PROGRAM


Council Member offered the following:

Resolution Number 42.51.08R

AUTHORIZING THE IMPLEMENTATION, AND FUNDING IN THE FIRST INSTANCE 100% OF THE FEDERAL-AID AND STATE “MARCHISELLI” PROGRAM-AID ELIGIBLE COSTS, OF A TRANSPORTATION FEDERAL-AID PROJECT, AND APPROPRIATING FUNDS THEREFOR. (DELAWARE AVENUE ROAD RECONSTRUCTION PROJECT, P.I.N. 1756.61)

WHEREAS, a Project for the Delaware Avenue Road Reconstruction,, P.I.N. 1756.61 (the Project”) is eligible for funding under Title 23 U.S. Code, as amended, that calls for the apportionment of the costs such program to be borne at the ratio of 80% Federal funds and 20% non-federal funds; and

WHEREAS, the City of Albany desires to advance the Project by making a commitment of 100% of the non-federal share of the costs of Preliminary Engineering, Right of Way Incidentals and Right of Way Acquisition.

NOW, THEREFORE, the Common Council, duly convened does hereby

RESOLVE, that the Common Council hereby approves the above-subject project; and it is hereby further

RESOLVED, that the Common Council hereby authorizes the City of Albany to pay in the first instance 100% of the federal and non-federal share of the cost of Preliminary Engineering, Right of Way Incidentals and Acquisition work for the Project or portions thereof; and it is further

RESOLVED, that the sum of $300,000.00 (Three hundred thousand dollars and no cents) has already been appropriated from Ordinance No. 12.21.06 and made available to cover the cost of participation in the above phase of the Project; and it is further

RESOLVED, that the additional sum of $419,725.00 (Four hundred nineteen thousand seven hundred twenty five dollars and no cents) ($400,725.00 for the Preliminary Engineering Phase and $19,000.000 for Right of Way Incidentals and Acquisition Phase) is hereby appropriated pursuant to Ordinance No. 12.21.06 and made available to cover the cost of participation in the above phase of the Project; and it is further

RESOLVED, that in the event the full federal and non-federal share costs of the project exceeds the amount appropriated above, the Common Council of the City of Albany shall convene as soon as possible to appropriate said excess amount immediately upon the notification by the New York State Department of Transportation thereof; and it is further

RESOLVED, that the Mayor of the City of Albany be and is hereby authorized to execute all necessary Agreements, certifications or reimbursement requests for Federal Aid and/or Marchiselli Aid on behalf of the City of Albany with the New York State Department of Transportation in connection with the advancement or approval of the Project and providing for the administration of the Project and the municipality’s first instance funding of project costs and permanent funding of the local share of federal-aid and state-aid eligible Project costs and all Project costs within appropriations therefor that are not so eligible; and it is further

RESOLVED, that a certified copy of this resolution be filed with the New York State Commissioner of Transportation by attaching it to any necessary Agreement in connection with the Project; and it is further

RESOLVED, this Resolution shall take effect immediately.



To: John Reilly, Corporation Counsel
From: Willard A. Bruce, DGS Commissioner
Re: Request for Common Council Legislation
Date: March 25, 2008

RESOLUTION NUMBER 42.51.08R

TITLE:
AUTHORIZING THE IMPLEMENTATION, AND FUNDING IN THE FIRST INSTANCE 100% OF THE FEDERAL-AID AND STATE “MARCHISELLI” PROGRAM-AID ELIGIBLE COSTS, OF A TRANSPORTATION FEDERAL-AID PROJECT, AND APPROPRIATING FUNDS THEREFOR. (DELAWARE AVENUE ROAD RECONSTRUCTION PROJECT, P.I.N. 1756.61)

GENERAL PURPOSE OF LEGISLATION:
Proposed Resolution and Supplemental Agreement Schedule No. 1 to incorporate the PE and Right of Way Acquisition and Incidentals Phase into the Delaware Avenue Road Rehabilitation Project. These documents need to be enacted by the Common Council to allow the State of New York to reimburse the City for work accomplished on the PE and Right of Way Acquisitions and Incidentals Phase of the project.

NECESSITY FOR LEGISLATION AND ANY CHANGE TO EXISTING LAW:
This proposed agreement represents the Supplemental Agreement to incorporate the PE and Right of Way Incidentals Phase into the Delaware Avenue Road Rehabilitation Project. The execution of this agreement is necessary for the City to be reimbursed by the State on this project.

EXPLANATION OF DEADLINE OR REQUESTED TIME FRAME FOR PASSAGE:
The New York State Department of Transportation has requested this information be submitted to them as soon as possible.

SPECIFICS OF BIDDING OR OTHER PROCUREMENT PROCESS (if applicable):


SPECIFICS OF REAL PROPERTY SALE OR ACQUISITION (if applicable):


FISCAL IMPACT(S):
The funding is currently in place for this project

Council Member Calsolaro introduced the following:

Resolution Number 43.51.08R

RESOLUTION DECLARING MAY AS BIKE MONTH IN THE CITY OF ALBANY

WHEREAS, bicycling is an excellent form of clean transportation with the added benefit of being a very good form of exercise; and

WHEREAS, it is in the best interests of the City of Albany to promote the use of bicycles for transportation to reduce air pollution, increase the health of residents, and make Albany an attractive place to live; and

WHEREAS, bicycling does not require the use of fossil fuels, and thus decreases our reliance on other countries to meet our energy needs; and

WHEREAS, the New York Bicycling Coalition is offering an entire month of events to promote bicycling, including: a “Let’s Celebrate Bike Month!” poster contest for kids, an urban ride on May 2 and grand opening of the “Dream Wheels” exhibit at the UAG Gallery, the Legislative Breakfast with ride following on May 13, the Commuter Contest of car vs. bus vs. cyclist on May 15 and Bike to Work Day on May 16; and

WHEREAS, all citizens of Albany and neighboring communities are welcome to participate in these events.

NOW, THEREFORE, BE IT RESOLVED, that the Common Council for the City of Albany hereby declares May as Bike Month in the City of Albany and encourages all residents to try bicycling as a form of transportation for exercise and enjoyment.


TO: John Marsolais, City Clerk

FROM: Council Member Calsolaro

RE: Request for Common Council Legislation
Supporting Memorandum

DATE: April 16, 2008

RESOLUTION NUMBER 43.51.08R

TITLE: RESOLUTION DECLARING MAY AS BIKE MONTH IN THE CITY OF ALBANY.

GENERAL PURPOSE OF LEGISLATION: To officially express the opinion of the Common Council.

NECESSITY FOR LEGISLATION AND ANY CHANGE TO EXISTING LAW: As explained in resolution.

FISCAL IMPACT: None.

Council Member introduced the following at the request of Mayor Jennings:

Resolution Number 44.51.08R

RESOLUTION OF THE ALBANY COMMON COUNCIL IN SUPPORT OF THE HENRY KNOX CANNON TRAIL MARKER RESTORATION PROGRAM

WHEREAS, the Henry Knox Cannon Trail traces the route followed by Colonel Henry Knox and his men from December 1775 to January 1776 to transport 59 captured artillery pieces from Fort Ticonderoga and Crown Point on Lake Champlain to General George Washington at Dorchester Heights overlooking Boston; and

WHEREAS, this pivotal event of the American Revolution resulted in the evacuation of the British from Boston; and

WHEREAS, Henry Knox Cannon Trail Marker numbers 21 and 22 are located within the City of Albany; and

WHEREAS, The Hudson River Valley National Heritage Area, with guidance and assistance from the National Park Service, will undertake a project to conserve the New York State Henry Knox Cannon Trail monuments; and

WHEREAS, the Henry Knox Cannon Trail monuments are the property of the State of New York.

NOW, THEREFORE, BE IT RESOLVED, that the Common Council of the City of Albany supports the restoration of the Henry Knox Cannon Trail monuments; and

BE IT FURTHER RESOLVED, that Common Council grants permission to the Hudson River National Heritage Area and its agents to complete conservation work on Henry Hudson Cannon Trail Marker numbers 21 and 22, located near the intersection of Loudonville Road and Northern Boulevard and on the east side of Broadway near the Dunn Memorial Bridge in the City of Albany; and

BE IT FURTHER RESOLVED, that the Hudson River National Heritage Area and its agents shall work with the Corporation Counsel of the City of Albany to enter into an agreement specifying the terms and conditions of the use and access to City lands for this project.


To: John Marsolais, City Clerk
From: Patrick K. Jordan, Assistant Corporation Counsel
Re: Request for Common Council Legislation
Supporting Memorandum
Date: April 25, 2008

RESOLUTION NUMBER 44.51.08R

TITLE
RESOLUTION OF THE ALBANY COMMON COUNCIL IN SUPPORT OF THE HENRY KNOX CANNON TRAIL MARKER RESTORATION PROGRAM

GENERAL PURPOSE OF LEGISLATION
To support the restoration work proposed for the two monuments in the City of Albany dedicated to Henry Knox’s Cannon Trail, by the Hudson River Valley National Heritage Area, part of the Greenway Council.

NECESSITY FOR LEGISLATION AND ANY CHANGE TO EXISTING LAW
The monuments are located within the City of Albany. The preservation group has requested the Council’s support for the project.

EXPLANATION OF DEADLINE OR REQUESTED TIME FRAME FOR PASSAGE
N/A

FISCAL IMPACT(S)
N/A

AGENDA
OF THE
ALBANY COMMON COUNCIL

Monday, May 5, 2008


THE COMMON COUNCIL MEETS THE FIRST AND THIRD MONDAY OF EACH MONTH AT 7:00 P.M. IN THE COMMON COUNCIL CHAMBERS.

ORDER OF BUSINESS:

Roll Call
Welcome
Pledge of Allegiance
Moment of Silence
Public Hearing
Public Comment Period (30 Minutes)
Approval of Minutes from Previous Meeting
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
Miscellaneous or Unfinished Business
Adjournment





LOCAL LAWS HELD


1. CALSOLARO LOCAL LAW B-2007*

A LOCAL LAW AMENDING CHAPTER 20 (BUREAU OF BUILDINGS), CHAPTER 255 (PEACE AND GOOD ORDER) AND CHAPTER 353 (VEHICLES FOR HIRE) IN RELATION TO THE COMMISSIONER OF PUBLIC SAFETY*Referred to the Law, Buildings and Code Enforcement Committee


2. CALSOLARO, et al LOCAL LAW C-2008*

A LOCAL LAW AMENDING ARTICLE XLIV (GENERAL PROVISIONS) OF CHAPTER 42 (DEPARTMENTS AND COMMISSIONS) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO THE CIVILIAN POLICE REVIEW BOARD AND MULTIPLE COMPLAINTS AGAINST AN OFFICER* Referred to the Public Safety Committee


3. CALSOLARO LOCAL LAW D-2008*

A LOCAL LAW AMENDING CHAPTER 333 (TAXATION) OF THE CODE OF THE CITY OF ALBANY TO ADD A NEW EXEMPTION FOR COLD WAR VETERANS IN ACCORDANCE WITH THE PROVISIONS OF THE REAL PROPERTY TAX LAW SECTION 458-b* Referred to the Human Resources and Human Rights Committee


4. CASEY LOCAL LAW A-2008*

A LOCAL LAW AMENDING CHAPTER 90 (TRAFFIC VIOLATIONS BUREAU) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO UNPAID PARKING TICKETS* Referred to the Law, Buildings and Code Enforcement Committee


5. CONTI LOCAL LAW C-2006*

A LOCAL LAW AMENDING SECTION 603(A) OF THE CITY OF ALBANY CHARTER IN RELATION TO THE PROPOSED BUDGET OF THE COMMON COUNCIL. *Referred to the Law, Buildings and Code Enforcement Committee


6. CONTI LOCAL LAW C-2007*
(As Amended 10/15/07)

A LOCAL LAW AMENDING SECTION 603(D) OF THE CITY OF ALBANY CHARTER IN RELATION TO THE AUTHORITY OF THE BOARD OF ESTIMATE AND APPORTIONMENT TO TRANSFER BUDGETED FUNDS* Referred to the Finance, Taxation and Assessment Committee



7. ELLIS LOCAL LAW B-2008*

LOCAL LAW AMENDING ARTICLE I (PATRONIZING HOME INDUSTRY) OF CHAPTER 62 (LABOR) OF THE CODE OF THE CITY OF ALBANY TO REQUIRE RESIDENCY FOR CERTAIN CITY EMPLOYEES* Referred to the Human Resources and Human Rights Committee


8. FAHEY LOCAL LAW D-2007*

A LOCAL LAW ENACTING A MORATORIUM WITHIN THE CITY OF ALBANY* Referred to the Planning, Economic Development and Land Use Committee






































ORDINANCES HELD


1. CALSOLARO ORDINANCE 17.22.06*

AN ORDINANCE AMENDING ARTICLE II (FIREARMS AND AMMUNITION) OF CHAPTER 193 (FIREARMS AND AMMUNITION) OF THE CODE OF THE CITY OF ALBANY. *Referred to the Law, Buildings and Code Enforcement Committee


2. CALSOLARO, MCLAUGHLIN, SMITH ORDINANCE 62.81.06*

AN ORDINANCE REQUIRING THE INSTALLATION OF WINDOW GUARDS IN CERTAIN RESIDENTIAL DWELLING UNITS *Referred to the Law, Building and Code Enforcement Committee


3. CALSOLARO ORDINANCE 68.111.06*

AN ORDINANCE AMENDING CHAPTER 235 (HEALTH) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO HAZARDOUS MATERIALS *Referred to the Public Safety Committee


4. CALSOLARO ORDINANCE 45.32.07*

AN ORDINANCE AMENDING CHAPTER 57 (FISCAL YEAR AND ANNUAL ESTIMATE) AND PART 21 (COMMON COUNCIL) OF CHAPTER 42 (DEPARTMENT AND COMMISSIONS) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO POSTING OF INFORMATION ON THE CITY WEBSITE* Referred to the Finance, Taxation and Assessment Committee


5. CALSOLARO ORDINANCE 60.52.07*

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 REPORTING* Referred to the Public Safety Committee


6. CASEY ORDINANCE 44.32.06*

AN ORDINANCE AMENDING CHAPTER 359 (VEHICLE AND TRAFFIC) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO “CRUISING.” *Referred to the Law, Buildings and Code Enforcement Committee


7. CASEY ORDINANCE 58.62.06*

AN ORDINANCE AMENDING ARTICLE II (TRAFFIC REGULATIONS) OF CHAPTER 359 (VEHICLE AND TRAFFIC) OF THE CODE OF THE CITY OF ALBANY TO REQUIRE MARKINGS FOR FIRE HYDRANTS *Referred to the Law, Buildings and Code Enforcement Committee



8. CONTI ORDINANCE 59.52.07

AN ORDINANCE AMENDING PART 21 (COMMON COUNCIL), PART 10 (BOARD OF CONTRACT AND SUPPLY) AND PART 14 (BOARD OF ESTIMATE AND APPORTIONMENT) OF CHAPTER 42 (DEPARTMENTS AND COMMISSIONS) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO COMMON COUNCIL OPERATING PROCEDURES


9. CONTI ORDINANCE 67.82.07*

AN ORDINANCE AMENDING CHAPTER 375 (ZONING) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO AUTHORIZING RESIDENTIAL PARKING COOPERATIVES IN CERTAIN ZONING DISTRICTS* Referred to the Planning, Economic Development and Land Use Committee


10. CONTI ORDINANCE 3.21.08*

AN ORDINANCE AMENDING ARTICLE IV (BOARD OF ZONING APPEALS) OF CHAPTER 375 (ZONING) OF THE CODE OF THE CITY OF ALBANY IN ORDER TO REDUCE THE NUMBER OF MEMBERS AND CHANGE THE TERMS OF OFFICE* Referred to the Planning, economic Development and Land Use Committee


11. CONTI ORDINANCE 4.21.08*

AN ORDINANCE AMENDING ARTICLE XIA (VACANT BUILDING REGISTRY) OF CHAPTER 133 (BUILDING CONSTRUCTION) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO VACANT BUILDING REGISTRY FEES* Referred to the Law, Buildings and Code Enforcement Committee


12. ELLIS ORDINANCE 80.122.07*

AN ORDINANCE AMENDING ARTICLE II (SERVICE OF NOTICES) AND ARTICLE III (PENALTIES) OF CHAPTER 133A (BUILDING CONSTRUCTION AND HOUSING: SPECIAL PROVISIONS) OF THE CODE OF THE CITY OF ALBANY* Referred to the Law, Buildings and Code Enforcement Committee


13. ELLIS ORDINANCE 81.122.07*

AN ORDINANCE AMENDING ARTICLE XIA (VACANT BUILDING REGISTRY) OF CHAPTER 133 (BUILDING CONSTRUCTION) OF THE CODE OF THE CITY OF ALBANY* Referred to the Law, Buildings and Code Enforcement Committee


14. FAHEY ORDINANCE 4.21.06*

AN ORDINANCE AMENDING CHAPTER 375 OF THE CODE OF THE CITY OF ALBANY (ZONING) CHANGING THE ZONING CLASSIFICATION OF APPROXIMATELY 3.6 ACRES OF PROPERTY LOCATED AT 41 HOLLAND AVENUE (NORTHEAST CORNER OF HOLLAND AVENUE AND HACKETT BOULEVARD) FROM HIGHWAY COMMERCIAL DISTRICT (C-2) TO COMMERCIAL OFFICE DISTRICT (C-O), AND AMENDING THE ZONING MAP ACCORDINGLY. *Referred to the Planning, Economic Development and Land Use Committee
15. FAHEY ORDINANCE 2.12.08*

AN ORDINANCE AMENDING ARTICLE X (RESIDENTIAL DISTRICT REGULATIONS), ARTICLE XI (NONRESIDENTIAL DISTRICT REGULATIONS), ARTICLE XII (SPECIAL DISTRICTS) AND ARTICLE XIV (SPECIFIC USE REGULATIONS) OF CHAPTER 375 (ZONING) IN RELATION TO SOLAR COLLECTION EQUIPMENT* Referred to the Planning, Economic Development and Land Use Committee

16. FOX ORDINANCE 71.92.07*

AN ORDINANCE AMENDING CHAPTER 375 OF THE CODE OF THE CITY OF ALBANY (ZONING) CHANGING THE ZONING CLASSIFICATION OF APPROXIMATELY 3.6 ACRES OF PROPERTY LOCATED ON THE SOUTH SIDE OF WASHINGTON AVENUE EXTENSION AND KNOWN AS 124-128R WASHINGTON AVENUE EXTENSION FROM R-1B (SINGLE-FAMILY MEDIUM DENSITY RESIDENTIAL DISTRICT) TO C-2 (HIGHWAY COMMERCIAL) AND AMENDING THE ZONING MAP ACCORDINGLY* Referred to the Planning, Economic Development and Land Use Committee

17. IGOE ORDINANCE 77.121.07*

AN ORDINANCE AMENDING ARTICLE IX (GENERAL PROVISIONS) OF PART 4 (RESIDENTIAL OCCUPANCY PERMIT) AND ARTICLE XII (REGISTRATION OF RENTAL DWELLINGS) OF PART 5 (RENTAL DWELLING REGISTRY) OF CHAPTER 231 (HOUSING) OF THE CODE OF THE CITY OF ALBANY* Law, Buildings and Code Enforcement Committee

18. IGOE ORDINANCE 24.41.08*

AN ORDINANCE AMENDING CHAPTER 217 (HANDBILLS) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO TELEPHONE DIRECTORY DISTRIBUTION* Referred to the Law, Buildings and Code Enforcement Committee

19. O’BRIEN ORDINANCE 72.92.07*

AN ORDINANCE AMENDING ARTICLE IV CHAPTER 375 (ZONING) IN RELATION TO PROCEDURES OF THE BOARD OF ZONING APPEALS AND ARTICLE XXIII CHAPTER 1 OF THE CODE OF THE CITY OF ALBANY (PLANNING) IN RELATION TO PROCEDURES OF THE PLANNING BOARD* Referred to the Planning, Economic Development and Land Use Committee

20. SANO ORDINANCE 39.31.07*

AN ORDINANCE AUTHORIZING CERTAIN PROJECTS BY THE CITY OF ALBANY, NEW YORK AT A MAXIMUM ESTIMATED COST OF $130,000.00 AND AUTHORIZING THE ISSUANCE OF $130,000.00 SERIAL BONDS OF SAID CITY TO PAY THE COST THEREOF. (MAINTENANCE SHED)* Referred to the Finance, Taxation and Assessment Committee

21. SANO ORDINANCE 54.51.07*

AN ORDINANCE AMENDING ARTICLE VIII (PUBLIC NUISANCE ABATEMENT) OF CHAPTER 255 OF THE CODE OF THE CITY OF ALBANY IN RELATION TO VIOLATIONS INCLUDED WITHIN THE DEFINITION OF PUBLIC NUISANCE* Referred to the Law, Buildings and Code Enforcement Committee

22. SANO ORDINANCE 66.81.07*

AN ORDINANCE AMENDING CHAPTER 323 (STREETS AND SIDEWALKS) OF THE CODE OF THE CITY OF ALBANY BY ADDING A NEW ARTICLE VII (SMOKING NEAR HEALTH CARE FACILITIES)* Referred to the Law, Buildings and Code Enforcement Committee


23. SANO ORDINANCE 25.42.08*

AN ORDINANCE AMENDING VARIOUS SECTIONS OF THE CITY CODE TO INCREASE FEES AND FINES* Referred to the Finance, Taxation, and Assessment Committee

24. SANO ORDINANCE 26.42.08*

AN ORDINANCE AUTHORIZING CERTAIN PROJECTS BY THE CITY OF ALBANY, NEW YORK AT A MAXIMUM ESTIMATED COST OF $35,000.00 AND AUTHORIZING THE LEASE FINANCING OR THE ISSUANCE OF $35,000.00 SERIAL BONDS OF SAID CITY TO PAY THE COST THEREOF. (ONE TON PICKUP- LANDFILL) * Referred to the Finance, Taxation, and Assessment Committee

25. SANO ORDINANCE 27.42.08*

AN ORDINANCE AUTHORIZING CERTAIN PROJECTS BY THE CITY OF ALBANY, NEW YORK AT A MAXIMUM ESTIMATED COST OF $56,650.00 AND AUTHORIZING THE ISSUANCE OF $56,650.00 SERIAL BONDS OF SAID CITY TO PAY THE COST THEREOF. (FLARE GAS ANALYZER) * Referred to the Finance, Taxation, and Assessment Committee

26. SANO ORDINANCE 28.42.08*

AN ORDINANCE AUTHORIZING CERTAIN PROJECTS BY THE CITY OF ALBANY, NEW YORK AT A MAXIMUM ESTIMATED COST OF $120,000.00 AND AUTHORIZING THE ISSUANCE OF $120,000.00 SERIAL BONDS OF SAID CITY TO PAY THE COST THEREOF. (SCADA SYSTEM LANDFILL) * Referred to the Finance, Taxation, and Assessment Committee

27. SANO ORDINANCE 29.42.08*

AN ORDINANCE AUTHORIZING CERTAIN PROJECTS BY THE CITY OF ALBANY, NEW YORK AT A MAXIMUM ESTIMATED COST OF $205,000.00 AND AUTHORIZING THE ISSUANCE OF $205,000.00 SERIAL BONDS OF SAID CITY TO PAY THE COST THEREOF. (CAES GPS LANDFILL GRADING SYSTEM) * Referred to the Finance, Taxation, and Assessment Committee

28. SANO ORDINANCE 30.42.08*

AN ORDINANCE AUTHORIZING CERTAIN PROJECTS BY THE CITY OF ALBANY, NEW YORK AT A MAXIMUM ESTIMATED COST OF $155,000.00 AND AUTHORIZING THE ISSUANCE OF $155,000.00 SERIAL BONDS OF SAID CITY TO PAY THE COST THEREOF. (POSISHELL EQUIPMENT LANDFILL) * Referred to the Finance, Taxation, and Assessment Committee

29. SANO ORDINANCE 31.42.08*

AN ORDINANCE AUTHORIZING CERTAIN PROJECTS BY THE CITY OF ALBANY, NEW YORK AT A MAXIMUM ESTIMATED COST OF $6,991,000.00 AND AUTHORIZING THE ISSUANCE OF $6,991,000.00 SERIAL BONDS OF SAID CITY TO PAY THE COST THEREOF. (LANDFILL EXPANSION) * Referred to the Finance, Taxation, and Assessment Committee

30. SANO ORDINANCE 32.42.08*

AN ORDINANCE AUTHORIZING CERTAIN PROJECTS BY THE CITY OF ALBANY, NEW YORK AT A MAXIMUM ESTIMATED COST OF $1,700,000.00 AND AUTHORIZING THE ISSUANCE OF $1,700,000.00 SERIAL BONDS OF SAID CITY TO PAY THE COST THEREOF. (PINE BUSH RESTORATION) * Referred to the Finance, Taxation, and Assessment Committee

31. SANO ORDINANCE 33.42.08*

AN ORDINANCE AUTHORIZING CERTAIN PROJECTS BY THE CITY OF ALBANY, NEW YORK AT A MAXIMUM ESTIMATED COST OF $287,400.00 AND AUTHORIZING THE LEASE FINANCING OR THE ISSUANCE OF $287,400.00 SERIAL BONDS OF SAID CITY TO PAY THE COST THEREOF. (EXCAVATOR-LANDFILL)* Referred to the Finance, Taxation, and Assessment Committee

32. SANO ORDINANCE 34.42.08*

AN ORDINANCE AUTHORIZING CERTAIN PROJECTS BY THE CITY OF ALBANY, NEW YORK AT A MAXIMUM ESTIMATED COST OF $123,600.00 AND AUTHORIZING THE ISSUANCE OF $123,600.00 SERIAL BONDS OF SAID CITY TO PAY THE COST THEREOF. (VIBRATORY ROLLER LANDFILL)* Referred to the Finance, Taxation, and Assessment Committee

33. SANO ORDINANCE 35.42.08*

AN ORDINANCE AUTHORIZING CERTAIN PROJECTS BY THE CITY OF ALBANY, NEW YORK AT A MAXIMUM ESTIMATED COST OF $329,600.00 AND AUTHORIZING THE LEASE FINANCING OR THE ISSUANCE OF $329,600.00 SERIAL BONDS OF SAID CITY TO PAY THE COST THEREOF. (ARTICULATED DUMP TRUCK-LANDFILL)* Referred to the Finance, Taxation, and Assessment Committee

34. SANO ORDINANCE 36.42.08*

AN ORDINANCE AUTHORIZING CERTAIN PROJECTS BY THE CITY OF ALBANY, NEW YORK AT A MAXIMUM ESTIMATED COST OF $750,000.00 AND AUTHORIZING THE ISSUANCE OF $750,000.00 SERIAL BONDS OF SAID CITY TO PAY THE COST THEREOF. (PROFESSIONAL FEES LANDFILL)* Referred to the Finance, Taxation, and Assessment Committee

35. SANO ORDINANCE 37.42.08*

AN ORDINANCE AUTHORIZING CERTAIN PROJECTS BY THE CITY OF ALBANY, NEW YORK AT A MAXIMUM ESTIMATED COST OF $280,000.00 AND AUTHORIZING THE ISSUANCE OF $280,000.00 SERIAL BONDS OF SAID CITY TO PAY THE COST THEREOF. (APD PATROL UNIT CAMERAS)* Referred to the Finance, Taxation, and Assessment Committee
36. SANO ORDINANCE 38.42.08*

AN ORDINANCE AUTHORIZING CERTAIN PROJECTS BY THE CITY OF ALBANY, NEW YORK AT A MAXIMUM ESTIMATED COST OF $200,000.00 AND AUTHORIZING THE ISSUANCE OF $200,000.00 SERIAL BONDS OF SAID CITY TO PAY THE COST THEREOF. (MOBILE RADIOS)* Referred to the Finance, Taxation, and Assessment Committee


37. SCALZO ORDINANCE 48.41.07*

AN ORDINANCE REPEALING CHAPTER 193 (FIREARMS AND AMMUNITION) OF THE CODE OF THE CITY OF ALBANY, IN ITS ENTIRETY, AND ADDING A NEW CHAPTER 193 (FIREARMS, AMMUNITION AND WEAPONS)*Referred to the Law, Buildings and Code Enforcement Committee

38. SCALZO ORDINANCE 61.52.07*

AN ORDINANCE AMENDING CHAPTER 8 (POLICE INFORMATION REWARD PROGRAM) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO IMPLEMENTATION OF THE REWARD PROGRAM* Referred to the Public Safety Committee


39. SCALZO, CALSOLARO ORDINANCE 74.102.07*

AN ORDINANCE AMENDING CHAPTER 353 (VEHICLES FOR HIRE) ARTICLE II (TAXICABS AND HACKS) TO REQUIRE MANDATORY DRUG TESTING FOR HACK LICENSEES* Referred to the Law, Buildings and Code Enforcement Committee


40. SMITH ORDINANCE 46.32.07*

AN ORDINANCE AMENDING CHAPTER 375 OF THE CODE OF THE CITY OF ALBANY (ZONING) CHANGING THE ZONING CLASSIFICATION OF APPROXIMATELY .13 ACRES OF PROPERTY LOCATED AT 2, 4 and 6 GENESEE STREET FROM ONE-AND TWO-FAMILY RESIDENTIAL DISTRICT (R-2B) TO NEIGHBORHOOD-COMMERCIAL DISTRICT (C-1) AND AMENDING THE ZONING MAP ACCORDINGLY* Referred to the Planning, Economic Development and Land Use Committee
















RESOLUTIONS INTRODUCED




42.51.08R AUTHORIZING THE IMPLEMENTATION, AND FUNDING IN THE FIRST INSTANCE 100% OF THE FEDERAL-AID AND STATE “MARCHISELLI” PROGRAM-AID ELIGIBLE COSTS, OF A TRANSPORTATION FEDERAL-AID PROJECT, AND APPROPRIATING FUNDS THEREFOR. (DELAWARE AVENUE ROAD RECONSTRUCTION PROJECT, P.I.N. 1756.61)



43.51.08R RESOLUTION DECLARING MAY AS BIKE MONTH IN THE CITY OF ALBANY



44.51.08R RESOLUTION OF THE ALBANY COMMON COUNCIL IN SUPPORT OF THE HENRY KNOX CANNON TRAIL MARKER RESTORATION PROGRAM
































RESOLUTIONS HELD


1. CALSOLARO RESOLUTION 12.22.06R*

RESOLUTION CREATING A TEMPORARY ADVISORY COMMITTEE ON BICYCLE/PEDESTRIAN SAFETY AND USAGE *Referred to the Planning, Economic Development and Land Use Committee


2. CALSOLARO, MCLAUGHLIN, SMITH RESOLUTION 60.81.06R*

RESOLUTION OF THE CITY OF ALBANY COMMON COUNCIL ENCOURAGING THE ALBANY HOUSING AUTHORITY TO IMPLEMENT A VOLUNTARY PROGRAM TO PROVIDE FOR THE INSTALLATION OF WINDOW GUARDS *Referred to the Housing and Community Development Committee


3. CALSOLARO RESOLUTION 15.21.07R*

RESOLUTION COMMITTING THE CITY OF ALBANY TO ELIMINATE PERSISTENT BIOACCUMULATIVE TOXIC CHEMICALS (PBT’s) WHEREVER POSSIBLE *Referred to the Finance, Taxation and Assessment Committee


4. CASEY RESOLTUION 28.32.08R*

RESOLUTION OF THE COMMON COUNCIL AMENDING THE RULES OF PROCEDURE IN RELATION TO LEADERSHIP MEETINGS* Referred to the Council Operations Committee


5. CASEY RESOLUTION 32.41.08R

RESOLUTION OF THE COMMON COUNCIL REQUESTING THE CITY BOARD OF EDUCATION TO EXPAND THE NUMBER OF POLLING PLACES AVAILABLE TO VOTERS


6. CONTI RESOLUTION 75.112.07R*

RESOLUTION OF THE COMMON COUNCIL AMENDING SECTION 4.11 OF THE COMMON COUNCIL RULES OF PROCEDURE IN RELATION TO THE SPONSORSHIP OF LEGISLATION* Referred to the Council Operations Committee


7. CONTI RESOLUTION 38.42.08R*

RESOLUTION RECOMMENDING THAT THE CITY OF ALBANY MUNICIPAL CIVIL SERVICE COMMISSION ADOPT A RULES AMENDMENT PROVIDING FOR A RESIDENCY PREFERENCE* Referred to the Human Resources and Human Rights Committee


8. ELLIS, MCLAUGHLIN, SMITH RESOLUTION 78.122.07R*

RESOLUTION OF THE COMMON COUNCIL IN SUPPORT OF IMPLEMENTING A TWO YEAR FIREFIGHTER TRAINING PROGRAM IN COOPERATION WITH THE ALBANY SCHOOL DISTRICT AIMED AT INCREASING DIVERSITY WITHIN THE ALBANY FIRE DEPARTMENT* Referred to the Public Safety Committee


9. FAHEY RESOLUTION 13.22.06R*
(As Amended)

RESOLUTION OF THE COMMON COUNCIL GIVING NOTICE OF INTENT TO ACT AS LEAD AGENCY FOR PURPOSES OF DETERMINING ENVIRONMENTAL SIGNIFICANCE PURSUANT TO ARTICLE 8 OF THE ENVIRONMENTAL CONSERVATION LAW AND THE REGULATIONS PROMULGATED THEREUNDER (SEQRA) IN CONNECTION WITH ORDINANCE NUMBER 04.21.06 (41 HOLLAND AVENUE). *Referred to the Planning, Economic Development and Land Use Committee


10. FOX RESOLUTION 61.92.07R*

RESOLUTION OF THE COMMON COUNCIL REGARDING COMPLETION OF A SUPPLEMENTAL DRAFT ENVIRONMENTAL IMPACT STATEMENT AND SCHEDULING A PUBLIC HEARING IN ACCORDANCE WITH ARTICLE 8 OF THE ENVIRONMENTAL CONVERSATION LAW (SEQRA) AND THE REGULATIONS PROMULGATED THEREUNDER IN CONNECTION WITH THARALDSON DEVELOPMENT COMPANY’S APPLICATION FOR REZONING OF 124-128R WASHINGTON AVENUE EXTENSION* Referred to the Planning, Economic Development and Land Use Committee


11. HERRING RESOLUTION 9.12.08R*

RESOLUTION OF THE COMMON COUNCIL CONFIRMING THE APPOINTMENT OF SEAN M. RAFFERTY AS A MEMBER OF THE HISTORIC RESOURCES COMMISSION* Referred to the Planning, Economic Development and Land Use Committee


12. HERRING RESOLUTION 26.31.08R(MC)*

RESOLUTION OF THE COMMON COUNCIL CONSENTING TO THE APPOINTMENT OF CHRISTINE SISTO MERTES AS A MEMBER OF THE ALBANY PARKING AUTHORITY* Referred to the Planning, Economic Development, and Land Use Committee


13. HERRING RESOLUTION 34.41.08R*

RESOLUTION OF THE COMMON COUNCIL RECOMMENDING THAT THE CITY OF ALBANY MUNICIPAL CIVIL SERVICE COMMISSION ADOPT A RULES AMENDMENT FOR ACTIVE DUTY MILITARY PERSONNEL* Referred to the Human Resources and Human Rights Committee



14. HERRING RESOLUTION 41.42.08R*

RESOLUTION ADOPTING A CITY OF ALBANY DEBT POLICY AS REQUIRED BY SECTION 408 OF THE CITY CHARTER* Referred to the Finance, Taxation and Assessment Committee


15. O’BRIEN RESOLUTION 2.11.08R

RESOLUTION OF THE COMMON COUNCIL APPROVING THE USE OF 1044 CENTRAL AVENUE FOR PARKING SPACES PURSUANT TO SECTION 375-186 OF THE CODE OF THE CITY OF ALBANY


16. SANO, et al. RESOLUTION 11.22.06R*

RESOLUTION OF THE COMMON COUNCIL APPROVING THE ADOPTION OF A FUNDS MANAGEMENT AND INVESTMENT POLICY. *Referred to the Finance, Tax & Assessment Committee


17. SANO RESOLUTION 27.32.08R*

RESOLUTION OF THE COMMON COUNCIL SUPPORTING THE NEW YORK STATE ASSEMBLY IN CALLING UPON CONGRESS TO ENACT THE HOMEOWNERS AND BANKS PROTECTION ACT*Referred to the Finance, Taxation and Assessment Committee


18. SCALZO RESOLUTION 15.22.06R*

RESOLUTION OF THE COMMON COUNCIL AMENDING THE RULES OF PROCEDURE IN RELATION TO COMMITTEES. *Referred to the Council Operations and Ethics Committee

Council Member introduced the following:

Ordinance Number 25.42.08

AN ORDINANCE AMENDING VARIOUS SECTIONS OF THE CITY CODE TO INCREASE FEES AND FINES

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

Section 1. Section 111-1 of Chapter 111 of the Code of the City of Albany is hereby amended to read as follows:
§ 111-1. License required; penalty.
No person, persons or combination of persons having charge or control of any building or vacant lot in the City of Albany, or any part thereof, either as owner, lessee, agent or otherwise, shall use or allow any other person or persons to use such building, or any part thereof, or any such vacant lot as a theater for the giving of any motion picture, concert, theatrical or musical entertainment, unless a license therefor is first duly obtained in the manner hereinafter specified under a penalty of 0 $125 for each and every performance or entertainment had, and for each and every day the same is so rented or used without such license, to be recovered in the name of the City of Albany from the proprietor, lessee or managing agent of such theater.
Section 2. Section 111-2 of Chapter 111 of the Code of the City of Albany is hereby amended to read as follows:
§ 111-2. License fees; expiration.
Licenses shall expire on the 31st day of December succeeding the issuance thereof. The fee for a theater license shall be 5 $210.
Section 3. Subdivision E of Section 111-10 of Chapter 111 of the Code of the City of Albany is hereby amended to read as follows:
§ 111-10. Filing of plans with Department of Buildings.
E. Any violation of the foregoing provisions shall be punishable by a fine of not less than 0 $125 and not to exceed 0 $190.




Section 4. Subdivision B of Section 111-11 of Chapter 111 of the Code of the City of Albany is hereby amended to read as follows:

§ 111-11. Alteration of floor plans.

B. Any violation of the foregoing provision as to change or modification in said building which shall be authorized or shall be suffered or permitted by the owner thereof, or shall be made, authorized or permitted by any owner or lessee or manager or agent or by any person in charge of said building, or by any other person whatsoever, shall be punishable by a fine of not less than 0 $125 nor more than 0 $190.

Section 5. Subdivision A of Section 111-15 of Chapter 111 of the Code of the City of Albany is hereby amended to read as follows:

§ 111-15. Duties of owner; fines.

A. It shall be the duty of the owner, manager, lessee or agent of any such theater to see that the foregoing provisions of this article are executed and observed, and a failure so to do in any particular shall be punishable, except where the penalty is hereinabove specifically mentioned, by a fine of not less than 0 $125 and not to exceed 0 $625.

Section 6. Section 111-17 of Chapter 111 of the Code of the City of Albany is hereby amended to read as follows:
§ 111-17. Equipment; fines.
Every motion-picture machine in use in any theater or other public place shall be equipped with suitable fire guards and automatic fire shutters, to be approved by the Chief of the Fire Department, and they shall at all times while the machine is in use be kept in proper working order and ready for operation. Every violation of this article shall be a misdemeanor and shall be punished by a fine of $35 or by imprisonment of one day for each dollar of fine so long as the same remains unpaid.
Section 7. Subdivision B of Section 111-21 of Chapter 111 of the Code of the City of Albany is hereby amended to read as follows:

§ 111-21. Application for license; bond.

B. Such application shall be accompanied by a bond to the City of Albany approved as to form by the Corporation Counsel, in the penal sum of 0 $625, with a sufficient surety or sureties or sufficient collateral security, conditioned for the due observance during the time of the license of the Penal Law and the Code of Criminal Procedure of the State of New York, and of any and all ordinances of the City of Albany which are now in force or may hereafter be adopted by the Common Council respecting the maintenance and operation of billiard rooms or poolrooms.

Section 8. Section 111-23 of Chapter 111 of the Code of the City of Albany is hereby amended to read as follows:
§ 111-23. License fees; expiration.
Licenses shall expire on the first day of April succeeding the issuing thereof, and the license fee therefor shall be $15 for each billiard table, pool table or combination pool and billiard table, for the license period of one year or fraction thereof. No license fee shall be prorated for a period of less than six months.
Section 9. Section 111-24 of Chapter 111 of the Code of the City of Albany is hereby amended to read as follows:
§ 111-24. Licenses; penalties for offenses.
No person, firm or corporation shall permit any room or building, owned or controlled by him or it, to be used for the purpose of a public billiard room or poolroom unless the same shall be licensed as herein provided. Any person, firm or corporation violating the provisions of this section shall be subject to a penalty of $35 per day for each day such room or building shall be so occupied or used without a license.
Section 10. Subdivision A of Section 111-31 of Chapter 111 of the Code of the City of Albany is hereby amended to read as follows:
§ 111-31. Penalties for offenses; cancellation of license and forfeiture of bond.

A. Any person, firm, partnership, association or corporation who himself or itself or by his or its clerk, agent or employee shall establish, keep, maintain or operate any public billiard room or pool room as defined in § 111-20, without the license or permit required by this article, or who shall violate any of the provisions of this article, or who, having had his or its license or permit revoked, shall continue to operate such billiard room or poolroom, shall, upon conviction thereof, be subject to a fine or penalty of not less than $35 nor more than 0 $315, and each day on which such violation continues shall constitute a separate offense.

Section 11. Subdivision C of Section 111-35 of Chapter 111 of the Code of the City of Albany is hereby amended to read as follows:

§ 111-35. Application for license.

C. The fee for processing such application shall be $65.

Section 12. Section 111-36 of Chapter 111 of the Code of the City of Albany is hereby amended to read as follows:
§ 111-36. Authorized supplier of equipment.
No person, firm, partnership, corporation or organization shall sell or distribute supplies or equipment specifically designed or adapted for use in conduct of games of chance without having first obtained a license therefor upon written application made, verified and filed with the Board in the form prescribed by the rules and regulations of the Board. In each such application for a license under this section shall be stated the name and address of the applicant; the names and addresses of its officers, directors, shareholders or partners; the amount of gross receipts realized on the sale and rental of games of chance supplies and equipment to duly licensed authorized organizations during the last preceding calendar or fiscal year; and such other information as shall be prescribed by such rules and regulations. The fee for such license shall be a sum equal to $35 plus an amount equal to 2% of the gross sales and rentals, if any, of games of chance equipment and supplies to authorized organizations or authorized games of chance lessors by the applicant during the preceding calendar year or fiscal year if the applicant maintains his accounts on a fiscal-year basis. No license granted pursuant to the provisions of this section shall be effective for a period of more than one year.
Section 13. Subdivisions A, B and D of Section 111-49 of Chapter 111 of the Code of the City of Albany is hereby amended to read as follows:

§ 111-49. License fee and privilege tax; renewal.

A. There is hereby imposed, pursuant to the provisions of §§ 1201 and 1203 of the Tax Law of the State of New York, a privilege tax in the amount of $35 per amusement device per year.

B. In addition to the privilege tax imposed in Subsection A above, the annual amusement device license fee shall be .50 $35 per amusement device, the payment of which shall be the responsibility of either the owner, distributor or lessee of the amusement device.

D. The privilege tax and amusement device license fee shall be payable annually and shall accompany the application for an amusement device license. The applicant shall pay as follows:

(1) For an application submitted on or after April 1, the applicant shall pay a privilege tax of .75 $25 per amusement device and a license fee of .63 $30 per amusement device.

(2) For an application submitted on or after July 1, the applicant shall pay a privilege tax of .50 $20 per amusement device and a license fee of .75 $20 per amusement device.
Section 14. Section 115-4 of Chapter 115 of the Code of the City of Albany is hereby amended to read as follows:
§ 115-4. Penalties for offenses.
Pursuant to Article 7 of the New York State Agriculture and Markets Law, a violation of this article shall be prosecuted in a civil action in the name of the City of Albany and shall be deemed an offense against the article, and any person convicted of such violation shall be liable for a civil penalty of not more than $35 for each violation, except that when such person was found to have violated this article or any prior versions thereof within the preceding five years, the penalty may not be more than $65, and when such person was found to have committed two or more such violations of this article or any prior versions thereof within the preceding five years, the penalty may not be more than 0 $125.
Section 15. Subdivisions A and B of Section 115-5 of Chapter 115 of the Code of the City of Albany is hereby amended to read as follows:
§ 115-5. Fee schedule.
A. Up to $65 for any exceptionally talented dog, it being the obligation of the agents, servants and employees of the Mohawk and Hudson River Humane Society to determine whether any dog will be deemed to be exceptionally talented.

B. A minimum of $15 for any other dog.
Section 16. Section 115-11 of Chapter 115 of the Code of the City of Albany is hereby amended to read as follows:
§ 115-11. Penalties for offenses.
Pursuant to Article 7 of the New York State Agriculture and Markets Law, a violation of any subsection of § 115-8 above shall be prosecuted by an action to recover a civil penalty in the name of the City of Albany, New York. Any person convicted of any such violation shall be liable for a civil penalty of not more than $35 for each violation, except that when the person was found to have violated this article within the preceding five years, the penalty may not be more than $65, and when the person was found to have committed two or more such violations of this article within the preceding five years, the penalty may not be more than 0 $125.



Section 17. Subdivision B of Section 115-21.1 of Chapter 115 of the Code of the City of Albany is hereby amended to read as follows:
§ 115-21.1. Seizure of dogs; redemption periods; impoundment fees.

B. Each dog which is not identified, whether or not licensed, shall be held for a period of five days from the day seized, during which period the dog may be redeemed by its owner, provided that such owner produces proof that the dog has been licensed and has been identified pursuant to the provisions of this chapter, and further provided that the owner pays the following impoundment fees:

(1) For the first impoundment of any dog owned by that person: $65;

(2) For the second impoundment, within one year of the first impoundment, of any dog owned by that person: $65 for the first 24 hours or part thereof and $20 for each additional 24 hours or part thereof; or

(3) For the third and subsequent impoundments, within one year of the first impoundment, of any dog owned by that person: $100 for the first 24 hours or part thereof and $35 for each additional 24 hours or part thereof.
Section 18. Subdivisions B of Section 115-23 of Chapter 115 of the Code of the City of Albany is hereby amended to read as follows:
§ 115-23. Seizure of dogs.

B. After a finding that a dog is vicious as defined in this article, it is in the Court's discretion to order the dog destroyed or return the dog to the owner upon satisfaction of the following conditions:

(1) The owner obtained general liability insurance in the amount of $100,000 for any injury which the dog may cause, naming the City of Albany as an additional insured for the purpose of receiving notification of termination. It shall be the duty of said dog owner to maintain such insurance policy in force so long as the dog shall be present in the City of Albany.

(2) The owner shall obtain from the City Clerk the appropriate collar designating the dog as dangerous. Said collar shall remain on the dog at all times.

(3) The owner shall obtain a leash and muzzle for said dog. Such leash shall have a maximum length of three feet and shall have a minimum tensile strength of 300 pounds. It shall be unlawful at all times thereafter to allow said dog to leave the owner's home or secure enclosure as defined herein upon the owner's property unless said dog is muzzled, collared and tethered and under the control of a person at least 18 years of age.

(4) Registration. The City Clerk or his/her designee shall require the owner of a vicious dog to register such dog with the City Clerk. The application for such registration shall contain the name and address of the owner, the breed, age, sex, color and any other identifying marks of the dog, the location where the dog is kept if not at the address of the owner and any other information which the City Clerk of his/her designee shall require. The application for registration pursuant to this subsection shall be accompanied by a registration fee of $40. Each dog registered pursuant hereto shall be assigned an official registration number by the City Clerk. Such registration number shall be tattooed at the owner's expense in the manner prescribed by the City Clerk. The certificate of registration shall be of such form and design and shall contain such information as the City Clerk shall prescribe and shall be issued to the owner upon payment of the registration fee and presentment of sufficient evidence that the owner has complied with all the orders of the City Clerk as prescribed at the determination hearing.

(5) The owner shall display a sign on the premises warning that there is a vicious dog on the property. This sign shall be visible and capable of being read from the public highway or street.

(6) The owner of the dog shall have the dog sterilized.

(7) The dog shall not be returned to any person under the age of eighteen (18.)
Section 19. Section 115-33 of Chapter 115 of the Code of the City of Albany is hereby amended to read as follows:
§ 115-33. Penalties for offenses.
Any person violating any provision of the article shall, upon conviction thereof, be punishable by a maximum fine of 0 $315 or by imprisonment for not more than 15 days, or both.
Section 20. Subdivision B of Section 133A-3 of Chapter 133A of the Code of the City of Albany is hereby amended to read as follows:

§ 133A-3. Penalties for offenses.

B. Housing Code.

(1) Any person convicted of a violation of the Housing Code, as defined under Part 3 or Part 4 of Chapter 231, shall be punished according to the following schedule:

(a) First offense: a fine of not less than 0 $125 nor more than 0 $350 per day the violation remains unabated or five days' imprisonment, or 50 hours of community service, or any combination thereof.

(b) Second offense for the same violation regarding the same person and property committed within three years after the first offense: a fine of not less than 0 $375 nor more than 0 $650 per day the violation remains unabated, or 10 days' imprisonment or 100 hours of community service, or any combination thereof.

(c) Third offense for the same violation regarding the same person and property committed within three years after the first offense: a fine of not less than 0 $900 nor more than ,000 $1,250 per day the violation remains unabated, or 15 days' imprisonment, or 150 hours of community service, or any combination thereof.

(2) Any person convicted of a violation of the Housing Code, as defined under Part 5 of Chapter 231, shall be fined not less than 0 $125 nor more than 0 $650.

(3) The term "person," as used in this section, shall include the owner, occupant, mortgagee or vendee in possession, assignee of rents, receiver, executor, trustee, lessee, agent or any other person, firm or corporation directly or indirectly in control of building of part thereof.

(4) Each day of violation shall be deemed to constitute a separate offense.

(5) Fines levied shall constitute civil forfeitures to the City of Albany.
(6) Any unpaid fines of an owner of premises shall be subject to the placement and recordation of a lien by the City of Albany against such premises.
Section 21. Subdivisions B of Section 135-9 of Chapter 133 of the Code of the City of Albany is hereby amended to read as follows:
§ 135-9. Notice; numbering by City; penalties for offenses.

B. Any property owner that fails to comply with said notice shall be liable for a civil penalty in the sum of up to two hundred fifty dollars (0.) three hundred dollars ($300) for each week that the violation shall exist following the issuance of notice to remedy. The penalty herein is declared to be civil in nature. Prosecutions for violations of this chapter shall be undertaken by the office of the Corporation Counsel in the Civil Part of Albany City Court.

Section 22. Subdivisions A of Section 151-98 of Chapter 151 of the Code of the City of Albany is hereby amended to read as follows:

§ 151-98. Penalties for offenses.

A. Any person who shall knowingly and willfully violate or assist in the violation of this code or fail to comply with a violation order issued by the Bureau within the time stated thereon shall, upon conviction, be punished by a fine of not more than 0 $350 or imprisonment for not more than 30 days, for each offense.
Section 23. Section 171-14 of Chapter 171 of the Code of the City of Albany is hereby amended to read as follows:
§ 171-14. Penalties for offenses.
Every person or corporation violating any or either of the provisions of this article shall incur a penalty of twenty-five dollars (.) fifty dollars ($50) for each and every such violation, and a further and additional penalty of twenty-five dollars (.) fifty dollars ($50) for each and every day he or it shall neglect after notice received from the Chief of the Fire Department to comply therewith.
Section 24. Subdivision B of Section 171-47 of Chapter 171 of the Code of the City of Albany is hereby amended to read as follows:
§ 171-47. Penalties for offenses.

B. Any person violating any provision of this Electrical Licensing Ordinance shall be guilty of an offense punishable by a fine not exceeding one hundred fifty dollars (0.) two hundred dollars ($200) or by imprisonment not exceeding fifteen (15) days, or by both such fine and imprisonment, or for a penalty of five hundred dollars (0.) six hundred twenty five dollars ($625) to be recovered by the City of Albany in a civil action.
Section 25. Subdivisions A, B, and C of Section 175-5 of Chapter 175 of the Code of the City of Albany is hereby amended to read as follows:
§ 175-5. Fees.
The following fees shall be paid by the applicant prior to the issuance of any license or permit required herein:
A. Permit application fees; replacement elevators.

Value Fee

Up to $ 1,000 $75
$1,001 to $5,000 , plus per ,000 $75, plus $13 per $1,000
$5,001 to $10,000 , plus per ,000 $115, plus $8 per $1,000
Over $10,000 5, plus per ,000 $150, plus $6 per $1,000

B. Registration fees (annual).

Type Fee
Traction/drum elevators, hydraulic elevators and escalators 0 $125
Dumbwaiters, conveyors, sidewalk elevators $75
Casket lifts, auto lifts and miscellaneous hoisting equipment $75

C. License fees (installers/inspectors) (annual): 0 $250.
Section 26. Section 187-9 of Chapter 187 of the Code of the City of Albany is hereby amended to read as follows:
§ 187-9. Penalties for offenses.
Any person who shall willfully resist, prevent, impede or interfere with the Office or any of its employees or representatives in the performance of duty pursuant to the provisions of this chapter or who shall fail to comply with the provisions of this chapter shall be guilty of a violation punishable by a fine which shall not exceed two hundred fifty dollars (0.) three hundred dollars ($300.) in amount or by imprisonment not exceeding fifteen (15) days, or both.
Section 27. Subdivision B of Section 197-17 of Chapter 197 of the Code of the City of Albany is hereby amended to read as follows:
§ 197-17. Application for permit; fee.
B. A fee of fifty dollars (.) seventy-five dollars ($75.) shall be charged for processing such application, which shall be paid at the time of submission of the application.
Section 28. Subdivision A of Section 211-11 of Chapter 211 of the Code of the City of Albany is hereby amended to read as follows:
§ 211-11. Fees.

A. Before issuing any grading permit, the City Engineer shall collect a fee, the amount of which shall be as shown in the following table:

Grading Permit Fees
The following quantities shall be based on the total amount of cuts or fills, whichever is larger:

Cubic Yards Fee
50 to 100 .00 $35
101 to 1,000 .00 $50
1,001 to 10,000 .00 plus .00 $50.00 plus $15 for each additional 1,000 cubic yards or fraction thereof
Over 10,000 0.00 plus .00 $200 plus $35 for each additional 10,000 yards or fraction thereof

Section 29. Subdivision D of Section 211-22 of Chapter 211 of the Code of the City of Albany is hereby amended to read as follows:

§ 211-22. Permit issuance.

D. The applicant shall pay a fee of twenty-five dollars (.) thirty-five dollars ($35) for a minor operation or a fee of two hundred dollars (0.) two-hundred fifty dollars ($250) for a major operation before any permit or renewal thereof may be issued.

Section 30. Subdivisions A and B of Section 211-28 of Chapter 211 of the Code of the City of Albany is hereby amended to read as follows:

§ 211-28. Penalties for offenses.

A. Any person, firm, partnership, corporation or other entity who or which commences or performs any grading, excavation, filling or mining operations, including the export or import of any earth material to or from any grading or mining site, without first obtaining a permit as required by this chapter, shall be guilty of a violation and subject to a fine not to exceed two hundred dollars (0.) two-hundred fifty dollars ($250) for each such offense.

B. Any person, firm, partnership, corporation or other entity who or which shall knowingly and willingly violate or assist in the violation of the provisions of this chapter or who or which fails to comply with a lawful directive from the City Engineer concerning the provisions of this chapter shall be guilty of a violation and subject to a fine not to exceed two hundred dollars (0.) two-hundred fifty dollars ($250) for each such offense.
Section 31. Subdivision E of Section 217-4 of Chapter 217 of the Code of the City of Albany is hereby amended to read as follows:
§ 217-4. Licenses; fees.
E. Fees.

(1) License fees for a commercial handbill distribution license shall be as follows:

(a) For a period of more than nine months to one year: 0 $150.
(b) For a period of more than six months to nine months: .50 $115.
(c) For a period of more than three months to six months: $75.
(d) For the period of more than one week to three months: .50 $50.
(e) For the period of one week or less: $25.

(2) The yearly license shall be for a one-year period commencing at the time of issuance of the license.

(3) Upon revocation of the license, the license fee shall be forfeited.
Section 32. Subdivision A of Section 217-5 of Chapter 217 of the Code of the City of Albany is hereby amended to read as follows:
§ 217-5. Penalties for offenses.
A. Any person in violation of any of the provisions of this chapter shall be subject to penalties in accordance with the following schedule:
(1) For a first offense: a fine not to exceed 0 $650.
(2) For a second offense: a fine not to exceed 0 $900.
(3) For third and subsequent offenses: a fine not to exceed $1,000.

Section 33. Subdivision A of Section 231-135 of Chapter 231 of the Code of the City of Albany is hereby amended to read as follows:

§ 231-135. Fees.

A. The following schedule of fees shall apply with respect to the inspection and certification of residential dwelling units:

(1) There shall no charge for an initial inspection to determine compliance with the applicable provisions of this code or for a first reinspection.
(2) Any and all subsequent reinspection(s) necessary to determine compliance with required corrective action or repairs shall be subject to a charge of $40 per unit inspected.
(3) Failure to appear within 15 minutes of a scheduled inspection ("no show") shall result in a fee of $25 per unit.
(4) Cancellation of a scheduled inspection less than 24 hours before that scheduled inspection ("late cancellation") shall result in a fee of $25 per unit.
(5) Cancellation of a scheduled inspection for the unit more than once or after a "no show" ("second cancellation") shall result in a fee of $25 per unit.
Section 34. Section 239-1 of Chapter 239 of the Code of the City of Albany is hereby amended to read as follows:
§ 239-1. Authorization to issue license; license fee.
The City Clerk of the City of Albany is hereby authorized to issue licenses to citizens desiring to carry on the business of buying, selling and dealing in junk, rags, old rope, old iron, brass, copper, tin, lead or other old metals, old bottles, old glass, old bones, old tinware, old clothing unfit for wearing, old shoes or any secondhand articles except secondhand books and furniture upon payment annually, to the City of Albany, of the sum of .50 $150 as a license fee for each and every license so issued.
Section 35. Section 239-9 of Chapter 239 of the Code of the City of Albany is hereby amended to read as follows:
§ 239-9. Penalties for offenses.
Every person who shall violate any of the provisions of this chapter shall be guilty of misdemeanor and, upon conviction, shall be punished by a fine not exceeding fifty dollars (.) one thousand dollars ($1,000) or imprisonment in the Albany County Penitentiary for a term not exceeding six (6) months, or both such fine and imprisonment, and in addition thereto shall be liable to a penalty of fifty dollars ($50.) for each and every day any such provision shall be violated.
Section 36. Section 245-9 of Chapter 245 of the Code of the City of Albany is hereby amended to read as follows:
§ 245-9. Marriage license; fee.
The fee for the processing and issuance of a marriage license shall be twenty-five dollars (.) thirty-five dollars ($35).
Section 37. Section 245-10 of Chapter 245 of the Code of the City of Albany is hereby amended to read as follows:
§ 245-10. Certificate of marriage; fee.
The fee for the issuance of any certificate of marriage upon request, to an applicant whose name appears thereon, for all marriages heretofore and/or hereafter indexed and recorded in the office of the City Clerk shall be ten dollars (.) fifteen dollars ($15).
Section 38. Section 245-14 of Chapter 245 of the Code of the City of Albany is hereby amended to read as follows:
§ 245-14. Fees.
The City Clerk shall charge a fee of twenty-five dollars (.) thirty-five dollars ($35) for the filing of a statement of domestic partnership or a termination of domestic partnership. Payment of the fee shall entitle the payor to one (1) certified copy of the document. The City Clerk shall charge a fee of ten dollars (.) fifteen dollars ($15) for providing an additional certified copy of either document.



Section 39. Subdivisions C, F and G of Section 246-9 of Chapter 246 of the Code of the City of Albany is hereby amended to read as follows:
§ 246-9. Notice to correct; hearings; enforcement.

C. If the owner or person in control of a newsrack that has been cited under Subsection A of this section does not correct the violation or request a hearing within the time provided in such subsection, the Commissioner, an authorized officer of any City agency or a police officer, is authorized to provide for the removal of such newsrack and the contents thereof to a place of safety. If such newsrack or the contents thereof are not claimed within 30 days after their removal, they shall be deemed to be abandoned property and may be either sold at public auction or otherwise disposed of. Newsracks and the contents thereof that are removed pursuant to this section shall be released to the owner or person lawfully entitled to possession upon payment of the costs for removal and storage and a civil forfeiture, in an amount of 0 $125, or, if an action or proceeding for the violation is pending, upon the posting of a bond or other form of security acceptable to the Commissioner in an amount that will secure payment of such costs and any penalty that may be imposed hereunder.

F. If any owner or other person in control of a newsrack does not remove such newsrack when directed to do so by the Commissioner, in accordance with the provisions of Subsection E of this section, the Commissioner is authorized to provide for the removal of such newsrack to a place of safety, and unless an administrative proceeding brought pursuant to Subsection G of this section has terminated in favor of such owner or other person in control of such newsrack, such owner or other person in control of such newsrack may be charged the costs for removal and storage payable together with a civil forfeiture in the amount of 0 $125 prior to the release of such newsrack and the contents thereof.

G. Upon written request, the Commissioner shall hold a hearing within five business days after the date of the removal of a newsrack pursuant to Subsection E or F of this section and shall render a determination within three business days after the conclusion of the hearing. The hearing shall take place under the provisions set forth in Subsection B of this section. If a determination is rendered at such hearing that emergency circumstances did not exist, such newsrack shall be replaced at such location by the Commissioner. If no hearing is requested or if the determination rendered at such hearing is that such emergency circumstances existed, such newsrack and the contents thereof shall be released to the owner or to the person lawfully entitled to possession upon payment of the costs of removal and storage and a civil forfeiture of 0 $125. If no hearing request has been made and such newsrack or the contents thereof are not claimed within 30 days after the date of removal, or if the newsrack or the contents thereof are not claimed within 30 days after a hearing determination that emergency circumstances existed, such newsrack or the contents thereof shall be deemed abandoned and may either be sold at public auction or otherwise disposed of.

Section 40. Section 251-2 of Chapter 251 of the Code of the City of Albany is hereby amended to read as follows:
§ 251-2. Destruction of park grounds.
No person shall cut down, destroy or willfully break, mutilate or injure, or aid and assist in breaking, mutilating or injuring, any gate, fence or fences or deface or injure any of the grounds or injure any of the trees, shrubbery or fixtures now or hereafter erected, made, planted, set out or being in or upon any of the streets, places, parks or public squares or enclosures of this City or do any willful damage thereto, under the a penalty of not to exceed $250 for every such offense; and the offender shall besides be prosecuted for damages for every such misconduct.
Section 41. Section 251-4 of Chapter 251 of the Code of the City of Albany is hereby amended to read as follows:
§ 251-4. Grass and shrubbery.
No person shall cut, tread down, pull up, trample upon or injure the grass growing in either of the public parks, places, enclosures or squares within this City, or that portion of the sidewalk sodded under authority of law on any of the streets, nor stand, walk or lie upon any part of such parks or sodded portions of sidewalks aforesaid which is laid out and appropriated for grass or shrubbery, under the a penalty of not to exceed $250 for each offense.
Section 42. Subdivision B of Section 251-5 of Chapter 251 of the Code of the City of Albany is hereby amended to read as follows:

§ 251-5. Rules and regulations.
B. All persons violating Subsection A or any of its provisions shall be guilty of a misdemeanor and, upon conviction thereof, shall be liable to a fine which shall not exceed $250 in amount or to imprisonment not exceeding 150 days, or to both such fine and imprisonment.

Section 43. Subdivision B of Section 255-39 of Chapter 255 of the Code of the City of Albany is hereby amended to read as follows:

§ 255-39. Penalties for offenses.

B. Owners of property who fail to comply with the written notice to remove graffiti as provided for in § 255-38.1 shall be punishable by a fine of not more than $100 per day until the owners of property comply with the written notice to remove graffiti.



Section 44. Section 258-1 of Chapter 258 of the Code of the City of Albany is hereby amended to read as follows:
§ 258-1. Penalties for offenses.
Where the performance of any act is prohibited by ordinance or where the performance of any act is required or demanded by ordinance and no penalty for a violation of such ordinance is imposed in any section or chapter of such ordinance, the doing of such act or the failure to act, as the case may be, shall be punishable by a fine which shall not exceed 0 $500 in amount or by imprisonment not exceeding 15 days, or both. Further, the Court shall award associated Court costs upon any plea or finding of guilt.
Section 45. Subdivision B of Section 261-2 of Chapter 261 of the Code of the City of Albany is hereby amended to read as follows:

§ 261-2. Examining Board of Plumbers.

B. The Examining Board of Plumbers shall have power and it shall be its duty to:

(1) Have jurisdiction over and examine all persons desiring or intending to engage in the trade, business or calling of plumbing as employing or master plumbers in the City of Albany, with the power to examine persons applying for licenses as such employing or master plumbers or as inspectors of plumbing to determine their fitness and qualifications for conducting the business of master plumbers or to act as inspector of plumbing and issue licenses to all such persons who shall have passed said examination before such Board and shall be, by it, determined to be qualified for conducting business as employing or master plumbers or competent to act as inspectors of plumbing.

(2) Formulate, in conjunction with the local Board of Health, a code of rules regulating the work of plumbing and drainage in the City of Albany, including the materials, workmanship and manner of execution of such work, and from time to time add to, amend or alter the same.

(3) Charge and collect from each person applying for examination the sum of $15 for each examination made by such Board, and all moneys so collected shall be paid over by the Board monthly to the Comptroller of the City of Albany.

(4) Have jurisdiction over and issue apprentice training and journeyman identification cards. An apprentice training identification card allows a person to be employed by a licensed plumber to do plumbing work under the supervision of a licensed plumber. A journeyman identification card allows a person with the requisite journeyman plumbing qualifications to install plumbing under the supervision of a licensed plumber.



(5) Adopt rules and regulations to govern its actions in exercising its powers and duties. A majority vote of the whole Board is required for the adoption or amendment of any rule or regulation. Twenty days' written notice of any proposed amendments to the rules and regulations must be given to all Board members.

Section 46. Section 261-17 of Chapter 261 of the Code of the City of Albany is hereby amended to read as follows:
§ 261-17. Penalties for offenses; license revoked.
Any person who himself or itself, or by his or its clerk, agent or employee, shall engage in or work at the business of plumbing without first obtaining a license or shall violate any of the provisions of this chapter or any rule or regulation made pursuant thereto or who, having had his license revoked, shall continue to engage in or work at such business shall be guilty of a misdemeanor and, upon conviction thereof, be subject to a fine of not less than fifty dollars (.) seventy-five dollars ($75) nor more than one hundred dollars (0.) one-hundred twenty-five dollars ($125) or to imprisonment for not less than ten (10) days nor more than thirty (30) days, or to both such fine and imprisonment, and each day on which such violation continues shall constitute a separate offense. In addition to the penalty imposed, the license of the person violating the same may be revoked.
Section 47. Subdivisions A and B of Section 270-7 of Chapter 270 of the Code of the City of Albany is hereby amended to read as follows:

§ 270-7. Fees.
A. Applications for certification shall be accompanied by a nonrefundable processing fee of 0 $325. Certification shall be effective for 12 months from the date of issuance.

B. Applications for permits to install public pay telephones shall be accompanied by a permit and processing fee of $100. Permit holders shall be given the right of first refusal for the renewal of such permits.

Section 48. Subdivision A of Section 270-10 of Chapter 270 of the Code of the City of Albany is hereby amended to read as follows:

§ 270-10. Penalties for offenses.

A. Any firm, person or corporation violating any of the provisions of this chapter shall, upon conviction, be punishable by a fine which shall not exceed 0 $325 or by imprisonment which shall not exceed 15 days, or both, for each offense. Each day in which the violation occurs shall be deemed a separate offense. The Commission is hereby authorized and directed to effect the removal of pay telephones and appurtenances placed or remaining in violation of this chapter with all costs of such removal to be paid by the owner of the pay telephone. The Commissioner shall provide written notice to the property owner and owner of the pay telephone, if available, that the pay telephone must be removed within 10 days from the date of the written notice. The Commissioner may remove any pay telephones remaining after the ten-day notice period and shall return the removed telephone to the owner only upon payment of the applicable charges relating to its removal and/or fines associated therewith.

Section 49. Section 272-2 of Chapter 272 of the Code of the City of Albany is hereby amended to read as follows:
§ 272-2. Penalties for offenses.
Any person violating the provisions of this article shall be punished by a fine of ten dollars (.) twenty-five dollars ($25) for the first offense and a fine of twenty-five dollars (.) fifty dollars ($50) for each subsequent offense, and, in case of nonpayment of such fine, the offender may be imprisoned one (1) day for each dollar of such fine remaining unpaid.
Section 50. Section 272-8 of Chapter 272 of the Code of the City of Albany is hereby amended to read as follows:
§ 272-8. Penalties for offenses.
Any person or corporation violating any of the provisions of this article shall be punishable by a fine of not more than fifty dollars (.) one hundred dollars ($100) or by imprisonment for not more than thirty (30) days, or both.
Section 51. Section 272-10 of Chapter 272 of the Code of the City of Albany is hereby amended to read as follows:
§ 272-10. Fees.
The Chief of Police or his/her designee is authorized to impose a parking fee for the parking of tour buses, the sum of which shall be $65 per bus per day or a part thereof.
Section 52. Subdivision A of Section 293-6 of Chapter 293 of the Code of the City of Albany is hereby amended to read as follows:

§ 293-6. License fees; term, transferability, loss and destruction of license.

A. Every dealer in secondhand articles as defined in § 293-1 shall pay an annual license fee of 5 $200 for each established place of business.


Section 53. Subdivision A of Section 293-14 of Chapter 293 of the Code of the City of Albany is hereby amended to read as follows:

§ 293-14. Penalties for offenses; repealer; when effective.

A. Any person who, himself or by his clerk, agent or employee, shall establish, engage in or carry on the business of dealer in secondhand articles without a license, or shall violate any of the provisions of this chapter, or who, having had his license revoked, shall continue to engage in or carry on the business of dealer in secondhand articles shall, upon conviction thereof, be subject to a fine of not less than $50 nor more than 0 $200 or to imprisonment for not more than six months, or to both such fine and imprisonment; each day on which such violation continues shall constitute a separate offense. In addition to the penalty imposed, the license of the person violating the same shall be canceled or revoked, and the bond upon such license shall be forfeited. Upon such forfeiture, the amount of the bond shall thereupon become due and payable to the City of Albany, and the amount thereof may be received in a civil action based upon such forfeiture.

Section 54. Subdivision A of Section 299-15 of Chapter 299 of the Code of the City of Albany is hereby amended to read as follows:

§ 299-15. Classes of building sewer permits; applications; fees.
A. There shall be seven (7) classes of building sewer permits; the class description of and permit and inspection fee for each shall be as follows:
Class Permit and Inspection Fee
1. One- or two-family residential .00 $35
2. Commercial buildings with sanitary sewage waste only, gross building area not more than 2,500 square feet .00 $65
3. Multifamily dwellings (3 dwelling units or more) .00, plus .00 $35, plus $15 per dwelling unit for each dwelling unit over 2
4. Commercial buildings with sanitary sewage waste only, gross area more than 2,500 square feet but not more than 50,000 square feet .00, plus .00 $65, plus $15 for each 2,500 square feet or portion thereof above the first 2,500 square feet
5. Commercial buildings with sanitary sewage waste only, gross area more than 50,000 square feet 5.00, plus .00 $270, plus $10 for each 2,500 square feet or portion thereof above the first 50,000 square feet
6. Industrial buildings or any building, structure or improvement discharging wastewater other than sanitary sewage (gross building area not more than 20,000 square feet)- 0.00 $250.00
7. Industrial buildings or any building, structure or improvement discharging wastewater other than sanitary sewage (gross building area more than 20,000 square feet) 0.00, plus .00 $250.00, plus $15 for each 2,500 square feet (or portion thereof) above the first 20,000 square feet


Section 55. Section 299-46 of Chapter 299 of the Code of the City of Albany is hereby amended to read as follows:
§ 299-46. Penalties for offenses.
A violation of the provisions of Articles II through V, inclusive, of these rules and regulations is an offense, and each such violation may be punished by a fine of not exceeding two hundred dollars (0.) two-hundred and fifty dollars ($250) or by imprisonment, or both. Each such violation shall be subject to a civil penalty not exceeding two hundred dollars (0.) two-hundred and fifty dollars ($250) in an action or proceeding brought to the Corporation Counsel of the City of Albany in a court of competent jurisdiction. Each day of continuing violation shall be subject to a separate such fine, imprisonment or civil penalty.
Section 56. Section 303-9 of Chapter 303 of the Code of the City of Albany is hereby amended to read as follows:
§ 303-9. Fees.
The fee for processing the application for a sidewalk or outdoor cafe permit shall be fifty dollars (.) sixty-five dollars ($65).
Section 57. Subdivision B of Section 313-3 of Chapter 313 of the Code of the City of Albany is hereby amended to read as follows:

§ 313-3. Scope.

B. The curbside collection program is intended as a benefit for the taxpayers and residents of the City of Albany. No person shall transport garbage into the City of Albany for curbside collection.

(1) Any person offending or violating this subsection shall be guilty of a violation.

(2) Notwithstanding the provisions of § 313-7A, any and all persons found guilty of a violation under this subsection shall be liable to a fine which shall not exceed 0 $650 in amount or to imprisonment not to exceed 15 days, or both, in the discretion of the court.

Section 58. Subdivision A of Section 313-7 of Chapter 313 of the Code of the City of Albany is hereby amended to read as follows:

§ 313-7. Penalties for offenses.

A. Any person, firm, partnership, corporation or other entity who or which shall knowingly and willingly violate or assist in the violation of the provisions of this article, or who or which fails to comply with a lawful directive from the Commissioner of General Services concerning the provisions of this article, shall be guilty of a violation and subject to a fine not to exceed 0 $325, imprisonment, or both, for each such offense together with any and all costs of the Department of General Services in correcting or abating said violation, including all associated court costs.

Section 59. Section 313-22 of Chapter 313 of the Code of the City of Albany is hereby amended to read as follows:
§ 313-22. Penalties for offenses.
Any person who engages in unlawful conduct as defined in this article may, upon conviction thereof, in a proceeding before a court of competent jurisdiction, be sentenced to imprisonment for a term not to exceed 15 days or to a term of community service related to the purposes of this article or to pay a fine of not more than 0 $325 and not less than $25, or any combination of the above penalties, including all associated court costs.
Section 60. Subdivision A of Section 313-30 of Chapter 313 of the Code of the City of Albany is hereby amended to read as follows:

§ 313-30. Fees and charges; revocation of permit for outstanding balances.

A. A fee of $65 shall be required for each vehicle obtaining either an R or D Permit. The fee shall be paid at the time of application for the permit.

Section 61. Section 323-1 of Chapter 323 of the Code of the City of Albany is hereby amended to read as follows:
§ 323-1. Defacing; littering.
No person shall, in any manner, interfere with, disturb, dig, take up or deface, mutilate or in any manner injure any of the drains, streets, pavements, sidewalks, docks, wharves, bridges, or any part of the pier, without the consent of the Commissioner of Public Works, nor throw or empty any straw, ashes, refuse or coal, vegetables, bottles, broken glass, crockery, wood, garbage, bones or other hard or bulky substances into any privy, drain, vault, sewer, stream, lot, street, bridge, lane or alley, nor in any manner interfere with the Commissioner of Public Works, or any of the Superintendents of Streets in the discharge of their duties, or any contractor or employee, while acting pursuant to any law or ordinance or resolution of the Common Council, under a penalty of not less than $50 nor more than $250; nor shall any person, under a like penalty, throw, deposit, strew or litter on any street, sidewalk, square or park in the City of Albany or cause to be thrown, deposited, strewn or littered thereon any paper or other substance having any printed or written matter thereon or pictures with the intent to advertise or attract public attention to any subject, thing or event.
Section 62. Section 323-17 of Chapter 323 of the Code of the City of Albany is hereby amended to read as follows:
§ 323-17. Digging in public streets or lots prohibited.
Any person digging, taking or carrying away any earth or sand from any of the streets, lanes or alleys, or from the public squares, or from any of the lots belonging to the City of Albany (except in pursuance of some law or resolution of the Common Council, or by virtue of some order of a magistrate, or the Board of Health, for the removal of nuisances or obstructions), shall incur a penalty of $250 for every offense.
Section 63. Subdivision D of Section 323-18 of Chapter 323 of the Code of the City of Albany is hereby amended to read as follows:
§ 323-18. Paving streets; required regulations.
D. Whoever shall be guilty of violating any of the above regulations shall incur a penalty of not less than $75 nor more than $325 therefor. [It shall not be lawful for any person to use coal ashes or coal dust in paving any of the streets in this City, and any person violating this provision shall incur a penalty of $15 therefor.]

Section 64. Subdivision A of Section 323-22 of Chapter 323 of the Code of the City of Albany is hereby amended to read as follows:
§ 323-22. Commissioner of General Services; cleaning snow and/or ice off sidewalks; costs.
A. Where there has been a failure to comply with the requirements of § 323-21 within 24 hours, the Commissioner of the Department of General Services or his or her designee may, in his or her discretion, cause said sidewalk to be cleaned of snow and/or ice, the cost of which shall be charged to the owner of the property adjacent thereto, and, if unpaid within the time prescribed, shall be added to the tax bill assessing said property, which shall be and remain a lien against the property upon or adjacent to which the work is done and collected by the City from the owner of such property in the same manner as taxes are collected. The City may institute an action at law against such owner, owners or occupants to recover the cost thereof, which remedy shall be in addition to the right to assess the cost as a lien against the property. In no event shall such charge be less than $75.

Section 65. Section 323-23 of Chapter 323 of the Code of the City of Albany is hereby amended to read as follows:
§ 323-23. Fine.
Violation of any provisions herein shall be punishable by a fine not exceeding 0 $125, and said fine shall be in addition to any other provisions for enforcement contained in this chapter.
Section 66. Section 323-30 of Chapter 323 of the Code of the City of Albany is hereby amended to read as follows:
§ 323-30. Damage to sidewalks.
Any person who shall injure or tear up any pavement or sidewalk, or any part thereof, without due authority, or who shall hinder or obstruct the making or repairing of any pavement or sidewalk which is or may be making or repairing, under any law or resolution of the Common Council, or who shall hinder or obstruct any person employed by the Common Council, or by the Commissioner of Public Works, Superintendents, Street Department, Board of Contract and Supply, or either of them, in making or repairing such pavement or sidewalk, shall, for every offense, incur a penalty in the sum of $325.
Section 67. Section 323-31 of Chapter 323 of the Code of the City of Albany is hereby amended to read as follows:
§ 323-31. Connection to common drain or sewer prohibited.
No person shall be permitted to make, construct or lay any drain or sewer from his lot to connect with or enter any common drain or sewer which has been made or constructed under any law requiring the expenses thereof to be assessed upon the houses and lots benefited by the construction of such common drain or sewer, unless the house and lot or lot of ground from which such drain is laid to connect or enter into such common drain or sewer shall have been included in such assessment as one of the houses and lot or lots of ground benefited by the construction thereof, except under the provisions hereinafter mentioned and contained; and any person who shall violate this section shall be subject to a penalty of $325 for so connecting with or entering into such common drain or sewer, and of $25 for every day thereafter such connection shall continue.





Section 68. Section 323-36 of Chapter 323 of the Code of the City of Albany is hereby amended to read as follows:
§ 323-36. Area in front of buildings.
No area in front of any building in the City of Albany shall extend in any street more than one-fifteenth (1/15) part of the width thereof, nor more than four feet, measuring from the inner wall of such area to the building, nor shall the railing of such area be placed more than six inches from the inside of the coping on the wall on such area, and said coping shall be placed level with the sidewalk, under the penalty of $35, to be recovered severally from both the owner and builder of such area.
Section 69. Section 323-37 of Chapter 323 of the Code of the City of Albany is hereby amended to read as follows:
§ 323-37. Area enclosed with railing; gates open inwards.
Every area shall be enclosed with a railing, the gates of which shall be so constructed so as to open inwards, under the penalty of $35, to be recovered severally from both the owner and the builder of such area.
Section 70. Section 323-38 of Chapter 323 of the Code of the City of Albany is hereby amended to read as follows:
§ 323-38. Opening for descent from street to basement.
No opening for descent from any street or alley into the cellar or basement of any building shall be of greater width than four feet between the walls or railings thereof; and the sides of every such opening shall be well and sufficiently guarded by walls or railings; and every person owning or building any such opening contrary to these regulations in any respect shall severally incur a penalty of $35 for each offense.
Section 71. Section 323-39 of Chapter 323 of the Code of the City of Albany is hereby amended to read as follows:
§ 323-39. Vault or cistern; permission required.
No person shall cause or procure any vault or cistern to be constructed or made in any of the public streets of the City of Albany without permission of the Common Council of said City, under the a penalty of which shall not exceed $500; and the master builder, by whom and under whose direction such vault or cistern will be constructed or made, shall also be liable to a like penalty.


Section 72. Section 323-58 of Chapter 323 of the Code of the City of Albany is hereby amended to read as follows:
§ 323-58. License required; bond.
No person shall move any building, shed or other structure through, into or over any of the public streets, lanes, avenues or public squares of said City of Albany without being licensed for such business. Licenses may be issued by the Commissioner of Public Works, with the approval of the Mayor, to any suitable person filing in the office of said Commissioner of Public Works an application therefor, accompanied by a bond in the sum of $2,000, with satisfactory surety, for compliance with the requirements of § 323-52 or 323-53 of this article. Said license shall be forfeited by any violation of the provisions of either of said last mentioned sections, and shall not be renewed until the fines and penalties therein incurred are satisfied. And any person or corporation who or which shall violate any of the provisions of § 323-57 or 323-58 of this article shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not exceeding $250 for each and every offense.
Section 73. Subdivision B of Section 323-66 of Chapter 323 of the Code of the City of Albany is hereby amended to read as follows:

§ 323-66. Permits required; fee, transferability.

B. The fee for a permit shall be $65. The fee for the opening shall be $5 per square foot.

Section 74. Section 341-8 of Chapter 341 of the Code of the City of Albany is hereby amended to read as follows:
§ 341-8. Penalties for offenses.
Any person or corporation failing to pay such tax or violating any of the provisions of this chapter shall be guilty of a misdemeanor and shall be punishable by a fine of not exceeding one hundred fifty dollars (0.) two hundred dollars ($200) in amount or to imprisonment not exceeding one hundred fifty (150) days, or to both such fine and imprisonment.
Section 75. Subdivision A and B of Section 345-19 of Chapter 345 of the Code of the City of Albany is hereby amended to read as follows:

§ 345-19. Penalties for offenses.

A. Any person offending or violating any of the above rules and regulations for the planting, protection and care of trees and shrubs shall be guilty of a violation, and a stop-work order shall be issued until said violation is rectified. An administrative surcharge of $75 will be charged for the lifting of said stop-work order.

B. Any and all persons found guilty of a violation shall be liable to a fine which shall not exceed 0 $500 in amount or to imprisonment not to exceed 15 days, or both, in the discretion of the court. In the case of an unlawful clear-cutting, a fine not to exceed 0 $500 per acre affected or imprisonment not to exceed 15 days, or both, may, in the discretion of the court, be imposed. In addition, any and all persons found guilty of a violation shall be liable to the City of Albany for restitution in the amount of 0 $125 per inch of diameter of said damaged or destroyed tree(s).

Section 76. Subdivision A and B of Section 353-21 of Chapter 353 of the Code of the City of Albany is hereby amended to read as follows:

§ 353-21. Taxicab medallion fee.

A. Effective January 1, 2003, the owner of each taxicab who is granted a medallion shall pay to the City of Albany the sum of 0 $650 for each such medallion. Such fee shall be in addition to and not in lieu of any other license fee or charge established by proper authority and applicable to taxicabs in the City. Amended 12-17-2001 by Ord. No. 42.121.01

B. A replacement fee of $25 will be assessed for a lost or stolen medallion.

Section 77. Subdivisions A and B of Section 353-41 of Chapter 353 of the Code of the City of Albany is hereby amended to read as follows:

§ 353-41. Hack license fee; replacement fee.

A. In addition to the fee for fingerprinting and criminal investigation set forth in § 353-38, upon the filing of an application for a hack license, a nonrefundable fee of $75 shall be paid to the City of Albany.

B. A fee of $25 shall be paid for the reissuance of lost or destroyed licenses.

Section 78. Subdivision A of Section 353-42 of Chapter 353 of the Code of the City of Albany is hereby amended to read as follows:

§ 353-42. Renewal of hack license.

A. A hack license shall be renewable upon compliance with the foregoing provisions of this article relating to hack licenses, provided that the application is filed not less than 30 days nor more than 60 days prior to expiration of the current license on a form supplied by the Commissioner. Renewal applications shall be accompanied by a certified copy of the applicant's driving record obtained by the applicant from the Department of Motor Vehicles. The fee for renewal shall be $100.

Section 79. Section 353-48 of Chapter 353 of the Code of the City of Albany is hereby amended to read as follows:
§ 353-48. Penalties for offenses.
In addition to any other penalty provided for in this article or by law, any owner or driver violating any provision of this article or rule or regulation of the Commissioner shall be guilty of a violation and, upon conviction thereof, shall be held liable for a civil forfeiture in a minimum amount of 0 $125 and a maximum amount of up to 0 $650 for the first offense. A second offense shall, upon conviction thereof, subject such owner or driver to a civil forfeiture in a minimum amount of 0 $325 and a maximum amount of up to $1,000 or to a suspension of license for up to one year, or to both such fine and suspension. A third offense or more shall, upon conviction thereof, subject such owner or driver to a civil forfeiture in a minimum amount of 0 $750 and a maximum amount of up to ,500 $2,000 or to a suspension of license for up to one year, or to both such fine and suspension. In addition to any other penalty, the Commissioner may, by rule or regulation, restrict the eligibility of any person who has been convicted of violating this article or rule or regulation to receive or retain taxicab medallions.
Section 80. Section 353-53 of Chapter 353 of the Code of the City of Albany is hereby amended to read as follows:
§ 353-53. License fees.
The fee for a towing license shall be $75 per year or any fraction thereof for each tow truck owned or operated by the towing company. Payment of the fee shall be due upon application for the license and shall be nonrefundable.
Section 81. Section 357-5 of Chapter 357 of the Code of the City of Albany is hereby amended to read as follows:
§ 357-5. Penalties for offenses.
Any person or persons so using or operating an off-the-road vehicle as aforesaid shall be guilty of an offense punishable by a fine not to exceed five hundred dollars (0.) six hundred fifty dollars ($650) or imprisonment not to exceed fifteen (15) days, or both.
Section 82. Subdivisions A, B, C and D of Section 363-5 of Chapter 363 of the Code of the City of Albany is hereby amended to read as follows:
§ 363-5. License fees.
License fees shall be payable in full, for the entire season, upon application for said license and shall be as follows:
A. To vend refreshments:
(1) Curbside vendor: $70 per week.
(2) Sidewalk vendor: .50 $35 per week.
(3) Ice cream truck vendor: 8 $750 per year.

B. To vend flowers: 7 $375 per year.
C. To vend balloons: .50 $50 per year.
D. To vend merchandise from door to door: 8.50 $200 per year.

Section 83. Subdivision B of Section 363-17 of Chapter 363 of the Code of the City of Albany is hereby amended to read as follows:

§ 363-17. Penalties for offenses.

B. Any persons found guilty of a violation shall be liable to a fine which shall not exceed 0 $350 in amount or to imprisonment not to exceed 15 days, or to both, in the discretion of the court.

Section 84. Subdivision A of Section 375-24 of Chapter 375 of the Code of the City of Albany is hereby amended to read as follows:

§ 375-24. Fees; exemption.

A. No application for a permit, certificate, appeal, amendment or other zoning purpose will be processed nor shall any action be taken unless the various charges for expenses or fees are paid in accordance with the schedule which is set forth below:

(1) Board of Appeals.
Fees
Type Residential Commercial
Use variance 0 $150 5 $225
Area variance $ 82.50 $125 0 $150
Special use permit 0 $150 5 $225
Interpretation 0 $150 5 $225
Parking lot permit 0 $150 5 $225
Other (administrative appeal) 0 $150 5 $225

(2) Zoning change/amendment.

Fees
Type Residential Commercial
Base fee 5 $350 5 $500

For each acre of the lot size .50 $35 per acre

(3) State environmental quality review (SEQR).

(a) Draft environmental impact review and notice: 5 $350.
(b) Final environmental impact review and notice: 5 $350 .

Section 85. Subdivision E of Section 375-35 of Chapter

ORDINANCES INTRODUCED

25.42.08 AN ORDINANCE AMENDING VARIOUS SECTIONS OF THE CITY CODE TO INCREASE FEES AND FINES



26.42.08 AN ORDINANCE AUTHORIZING CERTAIN PROJECTS BY THE CITY OF ALBANY, NEW YORK AT A MAXIMUM ESTIMATED COST OF $35,000.00 AND AUTHORIZING THE LEASE FINANCING OR THE ISSUANCE OF $35,000.00 SERIAL BONDS OF SAID CITY TO PAY THE COST THEREOF. (ONE TON PICKUP- LANDFILL)



27.42.08 AN ORDINANCE AUTHORIZING CERTAIN PROJECTS BY THE CITY OF ALBANY, NEW YORK AT A MAXIMUM ESTIMATED COST OF $56,650.00 AND AUTHORIZING THE ISSUANCE OF $56,650.00 SERIAL BONDS OF SAID CITY TO PAY THE COST THEREOF. (FLARE GAS ANALYZER)



28.42.08 AN ORDINANCE AUTHORIZING CERTAIN PROJECTS BY THE CITY OF ALBANY, NEW YORK AT A MAXIMUM ESTIMATED COST OF $120,000.00 AND AUTHORIZING THE ISSUANCE OF $120,000.00 SERIAL BONDS OF SAID CITY TO PAY THE COST THEREOF. (SCADA SYSTEM LANDFILL)



29.42.08 AN ORDINANCE AUTHORIZING CERTAIN PROJECTS BY THE CITY OF ALBANY, NEW YORK AT A MAXIMUM ESTIMATED COST OF $205,000.00 AND AUTHORIZING THE ISSUANCE OF $205,000.00 SERIAL BONDS OF SAID CITY TO PAY THE COST THEREOF. (CAES GPS LANDFILL GRADING SYSTEM)



30.42.08 AN ORDINANCE AUTHORIZING CERTAIN PROJECTS BY THE CITY OF ALBANY, NEW YORK AT A MAXIMUM ESTIMATED COST OF $155,000.00 AND AUTHORIZING THE ISSUANCE OF $155,000.00 SERIAL BONDS OF SAID CITY TO PAY THE COST THEREOF. (POSISHELL EQUIPMENT LANDFILL)



31.42.08 AN ORDINANCE AUTHORIZING CERTAIN PROJECTS BY THE CITY OF ALBANY, NEW YORK AT A MAXIMUM ESTIMATED COST OF $6,991,000.00 AND AUTHORIZING THE ISSUANCE OF $6,991,000.00 SERIAL BONDS OF SAID CITY TO PAY THE COST THEREOF. (LANDFILL EXPANSION)



32.42.08 AN ORDINANCE AUTHORIZING CERTAIN PROJECTS BY THE CITY OF ALBANY, NEW YORK AT A MAXIMUM ESTIMATED COST OF $1,700,000.00 AND AUTHORIZING THE ISSUANCE OF $1,700,000.00 SERIAL BONDS OF SAID CITY TO PAY THE COST THEREOF. (PINE BUSH RESTORATION)



33.42.08 AN ORDINANCE AUTHORIZING CERTAIN PROJECTS BY THE CITY OF ALBANY, NEW YORK AT A MAXIMUM ESTIMATED COST OF $287,400.00 AND AUTHORIZING THE LEASE FINANCING OR THE ISSUANCE OF $287,400.00 SERIAL BONDS OF SAID CITY TO PAY THE COST THEREOF. (EXCAVATOR-LANDFILL)



34.42.08 AN ORDINANCE AUTHORIZING CERTAIN PROJECTS BY THE CITY OF ALBANY, NEW YORK AT A MAXIMUM ESTIMATED COST OF $123,600.00 AND AUTHORIZING THE ISSUANCE OF $123,600.00 SERIAL BONDS OF SAID CITY TO PAY THE COST THEREOF. (VIBRATORY ROLLER LANDFILL)



35.42.08 AN ORDINANCE AUTHORIZING CERTAIN PROJECTS BY THE CITY OF ALBANY, NEW YORK AT A MAXIMUM ESTIMATED COST OF $329,600.00 AND AUTHORIZING THE LEASE FINANCING OR THE ISSUANCE OF $329,600.00 SERIAL BONDS OF SAID CITY TO PAY THE COST THEREOF. (ARTICULATED DUMP TRUCK-LANDFILL)



36.42.08 AN ORDINANCE AUTHORIZING CERTAIN PROJECTS BY THE CITY OF ALBANY, NEW YORK AT A MAXIMUM ESTIMATED COST OF $750,000.00 AND AUTHORIZING THE ISSUANCE OF $750,000.00 SERIAL BONDS OF SAID CITY TO PAY THE COST THEREOF. (PROFESSIONAL FEES LANDFILL)




37.42.08 AN ORDINANCE AUTHORIZING CERTAIN PROJECTS BY THE CITY OF ALBANY, NEW YORK AT A MAXIMUM ESTIMATED COST OF $280,000.00 AND AUTHORIZING THE ISSUANCE OF $280,000.00 SERIAL BONDS OF SAID CITY TO PAY THE COST THEREOF. (APD PATROL UNIT CAMERAS)


38.42.08 AN ORDINANCE AUTHORIZING CERTAIN PROJECTS BY THE CITY OF ALBANY, NEW YORK AT A MAXIMUM ESTIMATED COST OF $200,000.00 AND AUTHORIZING THE ISSUANCE OF $200,000.00 SERIAL BONDS OF SAID CITY TO PAY THE COST THEREOF. (MOBILE RADIOS)




RESOLUTIONS INTRODUCED



38.42.08R RESOLUTION RECOMMENDING THAT THE CITY OF ALBANY MUNICIPAL CIVIL SERVICE COMMISSION ADOPT A RULES AMENDMENT PROVIDING FOR A RESIDENCY PREFERENCE




39.42.08R RESOLUTION OF THE ALBANY COMMON COUNCIL IN SUPPORT
OF THE HUMAN RIGHTS TORCH RELAY



40.42.08R RESOLUTION OF THE COMMON COUNCIL APPOINTING ADDITIONAL MEMBERS TO THE CITY OF ALBANY COMPREHENSIVE PLAN BOARD



41.42.08R RESOLUTION ADOPTING A CITY OF ALBANY DEBT POLICY AS REQUIRED BY SECTION 408 OF THE CITY CHARTER



Council Member introduced the following:
Ordinance Number 26.42.08

AN ORDINANCE AUTHORIZING CERTAIN PROJECTS BY THE CITY OF ALBANY, NEW YORK AT A MAXIMUM ESTIMATED COST OF $35,000.00 AND AUTHORIZING THE LEASE FINANCING OR THE ISSUANCE OF $35,000.00 SERIAL BONDS OF SAID CITY TO PAY THE COST THEREOF. (ONE TON PICKUP- LANDFILL)
The City of Albany, in Common Council convened, does hereby ordain and enact:
Section 1. The objects or purposes to be authorized and financed pursuant to this ordinance are set forth below, together with estimates of the maximum estimated costs thereof; determinations of the periods of probable usefulness thereof and the subparagraphs of Section 11.00(a) of the New York Local Finance Law pursuant to which it is determined; the maximum amount of the bonds to be issued with respect to such object or purpose and the maximum term of the obligations to be issued with respect to each project or purpose.
Object or Purpose: Solid waste management–resource recovery facilities
Local Finance Law Section 11.00(a) Subparagraph 6
Period of Probable Usefulness: 10 years
Maximum Term of Obligations: 10 years
Maximum Estimated Cost: $35,000.00
Maximum Amount of Bonds: $35,000.00
Comptroller's Bond Authorization Numbers: AK-08
Comptroller's Project Numbers: GH 81609838
Section 2. The plan of financing such objects or purposes is the lease financing of or the issuance of $35,000.00 serial bonds hereby authorized to be issued.
Section 3. It is hereby ordered and directed that the projects specified above be undertaken and the amounts set forth as the maximum estimated costs are hereby appropriated therefor. The Board of Contract and Supply is hereby authorized to take such necessary and further steps to carry out the provisions of this section.
Section 4. Pending the sale of the bonds herein authorized, the temporary use of funds from the City's general fund, pursuant to the provisions of section 165.10 of the New York Local Finance Law, is hereby authorized. The City reasonably expects to reimburse such temporary expenditures with the proceeds of the bonds or bond anticipation notes authorized by section 1 of this ordinance. This ordinance shall constitute the City's "official intent" to reimburse such temporary expenditures in accordance with United States Treasury Regulation section 1.150-2.
Section 5. The faith and credit of the City of Albany, New York are hereby irrevocably pledged for the payment of the principal of and interest on such leases or bonds as the same respectively become due and payable. An annual appropriation shall be made in each year sufficient to pay the principal of and interest on such leases or bonds becoming due and payable in such year and such debt service payments may be made in substantially level or declining amounts as may be authorized by law. There shall annually be levied on all taxable real property of said City, a tax sufficient to pay the principal of and interest on such leases or bonds as the same become due and payable.
Section 6. Subject to the provisions of the New York Local Finance Law, the power to authorize the issuance of and to sell bond anticipation notes in anticipation of the issuance and sale of the serial bonds herein authorized, including renewals of such notes, is hereby delegated in the City comptroller, as chief fiscal officer of the City of Albany. Such notes shall be of such terms, form and contents, and shall be sold in such manner, as may be prescribed by said City Comptroller, consistent with the provisions of Local Finance Law.
Section 7. The City Comptroller is further authorized to take such actions and execute such documents as may be necessary to ensure the continued status of the interest on the leases or bonds authorized by this resolution and any notes issued in anticipation thereof, as excludable from federal income taxation pursuant to Section 103 of the Internal Revenue Code of 1986, as amended (the "Code") and to designate the bonds authorized by this resolution, and any notes issued in anticipation thereof as "qualified tax-exempt bonds" in accordance with Section 265(b)(3)(B)(i) of the Code.
Section 8. The City Comptroller is further authorized to enter into a continuing disclosure agreement with the initial issuer of the leases or the purchaser of the bonds or notes authorized by this resolution, containing provisions which are satisfactory to such purchaser in compliance with the provisions of Rule 15c12-12, promulgated by the Securities and Exchange Commission pursuant to the Securities and Exchange Act of 1934.
Section 9. The validity of such leases or bonds and bond anticipation notes may be contested only if:
(a) Such obligations are authorized for an object or purpose for which said City is not authorized to expend money, or
(b) The provisions of law which should be complied with at the date of publication of this ordinance pursuant to Section 8 hereof are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of such publications, or
(c) Such obligations are authorized in violation of the provisions of the Constitution.
Section 10. Upon this ordinance taking effect, the Clerk of the Common Council is hereby authorized and directed to publish the same together with a notice in substantially the form set forth in section 81.00 of the New York Local Finance Law.
Section 11. It is hereby determined that except as hereinafter specified, the authority and funding of the projects aforesaid constitute either unlisted of Type II actions under the New York State Environmental Quality Review Act and the regulations promulgated thereunder having no adverse effect upon the environment.
Section 12. This ordinance shall be dated April 21, 2008 and shall take effect upon its approval by the Board of Estimate and Apportionment of the City of Albany.


APPROVED AS TO FORM
April 11, 2008



_
Corporation Counsel

Council Member introduced the following:
Ordinance Number 27.42.08

AN ORDINANCE AUTHORIZING CERTAIN PROJECTS BY THE CITY OF ALBANY, NEW YORK AT A MAXIMUM ESTIMATED COST OF $56,650.00 AND AUTHORIZING THE ISSUANCE OF $56,650.00 SERIAL BONDS OF SAID CITY TO PAY THE COST THEREOF. (FLARE GAS ANALYZER)
The City of Albany, in Common Council convened, does hereby ordain and enact:
Section 1. The objects or purposes to be authorized and financed pursuant to this ordinance are set forth below, together with estimates of the maximum estimated costs thereof; determinations of the periods of probable usefulness thereof and the subparagraphs of Section 11.00(a) of the New York Local Finance Law pursuant to which it is determined; the maximum amount of the bonds to be issued with respect to such object or purpose and the maximum term of the obligations to be issued with respect to each project or purpose.
Object or Purpose: Solid waste management-resource recovery facilities
Local Finance Law Section 11.00(a) Subparagraph 6
Period of Probable Usefulness: 25 years
Maximum Term of Obligations: 25 years
Maximum Estimated Cost: $56,650.00
Maximum Amount of Bonds: $56,650.00
Comptroller's Bond Authorization Numbers: AJ-08
Comptroller's Project Numbers: GH 81609837
Section 2. The plan of financing such objects or purposes is the issuance of
$56,650.00 serial bonds hereby authorized to be issued.
Section 3. It is hereby ordered and directed that the projects specified above be undertaken and the amounts set forth as the maximum estimated costs are hereby appropriated therefor. The Board of Contract and Supply is hereby authorized to take such necessary and further steps to carry out the provisions of this section.
Section 4. Pending the sale of the bonds herein authorized, the temporary use of funds from the City's general fund, pursuant to the provisions of section 165.10 of the New York Local Finance Law, is hereby authorized. The City reasonably expects to reimburse such temporary expenditures with the proceeds of the bonds or bond anticipation notes authorized by section 1 of this ordinance. This ordinance shall constitute the City's "official intent" to reimburse such temporary expenditures in accordance with United States Treasury Regulation section 1.150-2.
Section 5. The faith and credit of the City of Albany, New York are hereby irrevocably pledged for the payment of the principal of and interest on such bonds as the same respectively become due and payable. An annual appropriation shall be made in each year sufficient to pay the principal of and interest on such bonds becoming due and payable in such year and such debt service payments may be made in substantially level or declining amounts as may be authorized by law. There shall annually be levied on all taxable real property of said City, a tax sufficient to pay the principal of and interest on such bonds as the same become due and payable.
Section 6. Subject to the provisions of the New York Local Finance Law, the power to authorize the issuance of and to sell bond anticipation notes in anticipation of the issuance and sale of the serial bonds herein authorized, including renewals of such notes, is hereby delegated in the City comptroller, as chief fiscal officer of the City of Albany. Such notes shall be of such terms, form and contents, and shall be sold in such manner, as may be prescribed by said City Comptroller, consistent with the provisions of Local Finance Law.
Section 7. The City Comptroller is further authorized to take such actions and execute such documents as may be necessary to ensure the continued status of the interest on the bonds authorized by this resolution and any notes issued in anticipation thereof, as excludable from federal income taxation pursuant to Section 103 of the Internal Revenue Code of 1986, as amended (the "Code") and to designate the bonds authorized by this resolution, and any notes issued in anticipation thereof as "qualified tax-exempt bonds" in accordance with Section 265(b)(3)(B)(i) of the Code.
Section 8. The City Comptroller is further authorized to enter into a continuing disclosure agreement with the initial purchaser of the bonds or notes authorized by this resolution, containing provisions which are satisfactory to such purchaser in compliance with the provisions of Rule 15c12-12, promulgated by the Securities and Exchange Commission pursuant to the Securities and Exchange Act of 1934.
Section 9. The validity of such bonds and bond anticipation notes may be contested only if:

(a) Such obligations are authorized for an object or purpose for which said City is not authorized to expend money, or
(b) The provisions of law which should be complied with at the date of publication of this ordinance pursuant to Section 8 hereof are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of such publications, or
(c) Such obligations are authorized in violation of the provisions of the Constitution.
Section 10. Upon this ordinance taking effect, the Clerk of the Common Council is hereby authorized and directed to publish the same together with a notice in substantially the form set forth in section 81.00 of the New York Local Finance Law.
Section 11. It is hereby determined that except as hereinafter specified, the authority and funding of the projects aforesaid constitute either unlisted of Type II actions under the New York State Environmental Quality Review Act and the regulations promulgated thereunder having no adverse effect upon the environment.
Section 12. This ordinance shall be dated April 21, 2008 and shall take effect upon its approval by the Board of Estimate and Apportionment of the City of Albany.


APPROVED AS TO FORM
April 11, 2008



_
Corporation Counsel

Council Member introduced the following:
Ordinance Number 28.42.08

AN ORDINANCE AUTHORIZING CERTAIN PROJECTS BY THE CITY OF ALBANY, NEW YORK AT A MAXIMUM ESTIMATED COST OF $120,000.00 AND AUTHORIZING THE ISSUANCE OF $120,000.00 SERIAL BONDS OF SAID CITY TO PAY THE COST THEREOF. (SCADA SYSTEM LANDFILL)
The City of Albany, in Common Council convened, does hereby ordain and enact:
Section 1. The objects or purposes to be authorized and financed pursuant to this ordinance are set forth below, together with estimates of the maximum estimated costs thereof; determinations of the periods of probable usefulness thereof and the subparagraphs of Section 11.00(a) of the New York Local Finance Law pursuant to which it is determined; the maximum amount of the bonds to be issued with respect to such object or purpose and the maximum term of the obligations to be issued with respect to each project or purpose.
Object or Purpose: Solid waste management-resource recovery facilities
Local Finance Law Section 11.00(a) Subparagraph 6
Period of Probable Usefulness: 25 years
Maximum Term of Obligations: 25 years
Maximum Estimated Cost: $120,000.00
Maximum Amount of Bonds: $120,000.00
Comptroller's Bond Authorization Numbers: AI-08
Comptroller's Project Numbers: GH 81609836
Section 2. The plan of financing such objects or purposes is the issuance of
$120,000.00 serial bonds hereby authorized to be issued.
Section 3. It is hereby ordered and directed that the projects specified above be undertaken and the amounts set forth as the maximum estimated costs are hereby appropriated therefor. The Board of Contract and Supply is hereby authorized to take such necessary and further steps to carry out the provisions of this section.
Section 4. Pending the sale of the bonds herein authorized, the temporary use of funds from the City's general fund, pursuant to the provisions of section 165.10 of the New York Local Finance Law, is hereby authorized. The City reasonably expects to reimburse such temporary expenditures with the proceeds of the bonds or bond anticipation notes authorized by section 1 of this ordinance. This ordinance shall constitute the City's "official intent" to reimburse such temporary expenditures in accordance with United States Treasury Regulation section 1.150-2.
Section 5. The faith and credit of the City of Albany, New York are hereby irrevocably pledged for the payment of the principal of and interest on such bonds as the same respectively become due and payable. An annual appropriation shall be made in each year sufficient to pay the principal of and interest on such bonds becoming due and payable in such year and such debt service payments may be made in substantially level or declining amounts as may be authorized by law. There shall annually be levied on all taxable real property of said City, a tax sufficient to pay the principal of and interest on such bonds as the same become due and payable.
Section 6. Subject to the provisions of the New York Local Finance Law, the power to authorize the issuance of and to sell bond anticipation notes in anticipation of the issuance and sale of the serial bonds herein authorized, including renewals of such notes, is hereby delegated in the City comptroller, as chief fiscal officer of the City of Albany. Such notes shall be of such terms, form and contents, and shall be sold in such manner, as may be prescribed by said City Comptroller, consistent with the provisions of Local Finance Law.
Section 7. The City Comptroller is further authorized to take such actions and execute such documents as may be necessary to ensure the continued status of the interest on the bonds authorized by this resolution and any notes issued in anticipation thereof, as excludable from federal income taxation pursuant to Section 103 of the Internal Revenue Code of 1986, as amended (the "Code") and to designate the bonds authorized by this resolution, and any notes issued in anticipation thereof as "qualified tax-exempt bonds" in accordance with Section 265(b)(3)(B)(i) of the Code.
Section 8. The City Comptroller is further authorized to enter into a continuing disclosure agreement with the initial purchaser of the bonds or notes authorized by this resolution, containing provisions which are satisfactory to such purchaser in compliance with the provisions of Rule 15c12-12, promulgated by the Securities and Exchange Commission pursuant to the Securities and Exchange Act of 1934.
Section 9. The validity of such bonds and bond anticipation notes may be contested only if:

(a) Such obligations are authorized for an object or purpose for which said City is not authorized to expend money, or
(b) The provisions of law which should be complied with at the date of publication of this ordinance pursuant to Section 8 hereof are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of such publications, or
(c) Such obligations are authorized in violation of the provisions of the Constitution.
Section 10. Upon this ordinance taking effect, the Clerk of the Common Council is hereby authorized and directed to publish the same together with a notice in substantially the form set forth in section 81.00 of the New York Local Finance Law.
Section 11. It is hereby determined that except as hereinafter specified, the authority and funding of the projects aforesaid constitute either unlisted of Type II actions under the New York State Environmental Quality Review Act and the regulations promulgated thereunder having no adverse effect upon the environment.
Section 12. This ordinance shall be dated April 21, 2008 and shall take effect upon its approval by the Board of Estimate and Apportionment of the City of Albany.


APPROVED AS TO FORM
April 11, 2008



_
Corporation Counsel

Council Member introduced the following:
Ordinance Number 29.42.08

AN ORDINANCE AUTHORIZING CERTAIN PROJECTS BY THE CITY OF ALBANY, NEW YORK AT A MAXIMUM ESTIMATED COST OF $205,000.00 AND AUTHORIZING THE ISSUANCE OF $205,000.00 SERIAL BONDS OF SAID CITY TO PAY THE COST THEREOF. (CAES GPS LANDFILL GRADING SYSTEM)
The City of Albany, in Common Council convened, does hereby ordain and enact:
Section 1. The objects or purposes to be authorized and financed pursuant to this ordinance are set forth below, together with estimates of the maximum estimated costs thereof; determinations of the periods of probable usefulness thereof and the subparagraphs of Section 11.00(a) of the New York Local Finance Law pursuant to which it is determined; the maximum amount of the bonds to be issued with respect to such object or purpose and the maximum term of the obligations to be issued with respect to each project or purpose.
Object or Purpose: Solid waste management-resource recovery facilities
Local Finance Law Section 11.00(a) Subparagraph 6
Period of Probable Usefulness: 25 years
Maximum Term of Obligations: 25 years
Maximum Estimated Cost: $205,000.00
Maximum Amount of Bonds: $205,000.00
Comptroller's Bond Authorization Numbers: AH-08
Comptroller's Project Numbers: GH 81609835
Section 2. The plan of financing such objects or purposes is the issuance of
$205,000.00 serial bonds hereby authorized to be issued.
Section 3. It is hereby ordered and directed that the projects specified above be undertaken and the amounts set forth as the maximum estimated costs are hereby appropriated therefor. The Board of Contract and Supply is hereby authorized to take such necessary and further steps to carry out the provisions of this section.
Section 4. Pending the sale of the bonds herein authorized, the temporary use of funds from the City's general fund, pursuant to the provisions of section 165.10 of the New York Local Finance Law, is hereby authorized. The City reasonably expects to reimburse such temporary expenditures with the proceeds of the bonds or bond anticipation notes authorized by section 1 of this ordinance. This ordinance shall constitute the City's "official intent" to reimburse such temporary expenditures in accordance with United States Treasury Regulation section 1.150-2.
Section 5. The faith and credit of the City of Albany, New York are hereby irrevocably pledged for the payment of the principal of and interest on such bonds as the same respectively become due and payable. An annual appropriation shall be made in each year sufficient to pay the principal of and interest on such bonds becoming due and payable in such year and such debt service payments may be made in substantially level or declining amounts as may be authorized by law. There shall annually be levied on all taxable real property of said City, a tax sufficient to pay the principal of and interest on such bonds as the same become due and payable.
Section 6. Subject to the provisions of the New York Local Finance Law, the power to authorize the issuance of and to sell bond anticipation notes in anticipation of the issuance and sale of the serial bonds herein authorized, including renewals of such notes, is hereby delegated in the City comptroller, as chief fiscal officer of the City of Albany. Such notes shall be of such terms, form and contents, and shall be sold in such manner, as may be prescribed by said City Comptroller, consistent with the provisions of Local Finance Law.
Section 7. The City Comptroller is further authorized to take such actions and execute such documents as may be necessary to ensure the continued status of the interest on the bonds authorized by this resolution and any notes issued in anticipation thereof, as excludable from federal income taxation pursuant to Section 103 of the Internal Revenue Code of 1986, as amended (the "Code") and to designate the bonds authorized by this resolution, and any notes issued in anticipation thereof as "qualified tax-exempt bonds" in accordance with Section 265(b)(3)(B)(i) of the Code.
Section 8. The City Comptroller is further authorized to enter into a continuing disclosure agreement with the initial purchaser of the bonds or notes authorized by this resolution, containing provisions which are satisfactory to such purchaser in compliance with the provisions of Rule 15c12-12, promulgated by the Securities and Exchange Commission pursuant to the Securities and Exchange Act of 1934.
Section 9. The validity of such bonds and bond anticipation notes may be contested only if:

(a) Such obligations are authorized for an object or purpose for which said City is not authorized to expend money, or
(b) The provisions of law which should be complied with at the date of publication of this ordinance pursuant to Section 8 hereof are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of such publications, or
(c) Such obligations are authorized in violation of the provisions of the Constitution.
Section 10. Upon this ordinance taking effect, the Clerk of the Common Council is hereby authorized and directed to publish the same together with a notice in substantially the form set forth in section 81.00 of the New York Local Finance Law.
Section 11. It is hereby determined that except as hereinafter specified, the authority and funding of the projects aforesaid constitute either unlisted of Type II actions under the New York State Environmental Quality Review Act and the regulations promulgated thereunder having no adverse effect upon the environment.
Section 12. This ordinance shall be dated April 21, 2008 and shall take effect upon its approval by the Board of Estimate and Apportionment of the City of Albany.


APPROVED AS TO FORM
April 11, 2008



_
Corporation Counsel

Council Member introduced the following:
Ordinance Number 30.42.08

AN ORDINANCE AUTHORIZING CERTAIN PROJECTS BY THE CITY OF ALBANY, NEW YORK AT A MAXIMUM ESTIMATED COST OF $155,000.00 AND AUTHORIZING THE ISSUANCE OF $155,000.00 SERIAL BONDS OF SAID CITY TO PAY THE COST THEREOF. (POSISHELL EQUIPMENT LANDFILL)
The City of Albany, in Common Council convened, does hereby ordain and enact:
Section 1. The objects or purposes to be authorized and financed pursuant to this ordinance are set forth below, together with estimates of the maximum estimated costs thereof; determinations of the periods of probable usefulness thereof and the subparagraphs of Section 11.00(a) of the New York Local Finance Law pursuant to which it is determined; the maximum amount of the bonds to be issued with respect to such object or purpose and the maximum term of the obligations to be issued with respect to each project or purpose.
Object or Purpose: Solid waste management-resource recovery facilities
Local Finance Law Section 11.00(a) Subparagraph 6
Period of Probable Usefulness: 25 years
Maximum Term of Obligations: 25 years
Maximum Estimated Cost: $155,000.00
Maximum Amount of Bonds: $155,000.00
Comptroller's Bond Authorization Numbers: AG-08
Comptroller's Project Numbers: GH 81609834
Section 2. The plan of financing such objects or purposes is the issuance of
$155,000.00 serial bonds hereby authorized to be issued.
Section 3. It is hereby ordered and directed that the projects specified above be undertaken and the amounts set forth as the maximum estimated costs are hereby appropriated therefor. The Board of Contract and Supply is hereby authorized to take such necessary and further steps to carry out the provisions of this section.
Section 4. Pending the sale of the bonds herein authorized, the temporary use of funds from the City's general fund, pursuant to the provisions of section 165.10 of the New York Local Finance Law, is hereby authorized. The City reasonably expects to reimburse such temporary expenditures with the proceeds of the bonds or bond anticipation notes authorized by section 1 of this ordinance. This ordinance shall constitute the City's "official intent" to reimburse such temporary expenditures in accordance with United States Treasury Regulation section 1.150-2.
Section 5. The faith and credit of the City of Albany, New York are hereby irrevocably pledged for the payment of the principal of and interest on such bonds as the same respectively become due and payable. An annual appropriation shall be made in each year sufficient to pay the principal of and interest on such bonds becoming due and payable in such year and such debt service payments may be made in substantially level or declining amounts as may be authorized by law. There shall annually be levied on all taxable real property of said City, a tax sufficient to pay the principal of and interest on such bonds as the same become due and payable.
Section 6. Subject to the provisions of the New York Local Finance Law, the power to authorize the issuance of and to sell bond anticipation notes in anticipation of the issuance and sale of the serial bonds herein authorized, including renewals of such notes, is hereby delegated in the City comptroller, as chief fiscal officer of the City of Albany. Such notes shall be of such terms, form and contents, and shall be sold in such manner, as may be prescribed by said City Comptroller, consistent with the provisions of Local Finance Law.
Section 7. The City Comptroller is further authorized to take such actions and execute such documents as may be necessary to ensure the continued status of the interest on the bonds authorized by this resolution and any notes issued in anticipation thereof, as excludable from federal income taxation pursuant to Section 103 of the Internal Revenue Code of 1986, as amended (the "Code") and to designate the bonds authorized by this resolution, and any notes issued in anticipation thereof as "qualified tax-exempt bonds" in accordance with Section 265(b)(3)(B)(i) of the Code.
Section 8. The City Comptroller is further authorized to enter into a continuing disclosure agreement with the initial purchaser of the bonds or notes authorized by this resolution, containing provisions which are satisfactory to such purchaser in compliance with the provisions of Rule 15c12-12, promulgated by the Securities and Exchange Commission pursuant to the Securities and Exchange Act of 1934.
Section 9. The validity of such bonds and bond anticipation notes may be contested only if:

(a) Such obligations are authorized for an object or purpose for which said City is not authorized to expend money, or
(b) The provisions of law which should be complied with at the date of publication of this ordinance pursuant to Section 8 hereof are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of such publications, or
(c) Such obligations are authorized in violation of the provisions of the Constitution.
Section 10. Upon this ordinance taking effect, the Clerk of the Common Council is hereby authorized and directed to publish the same together with a notice in substantially the form set forth in section 81.00 of the New York Local Finance Law.
Section 11. It is hereby determined that except as hereinafter specified, the authority and funding of the projects aforesaid constitute either unlisted of Type II actions under the New York State Environmental Quality Review Act and the regulations promulgated thereunder having no adverse effect upon the environment.
Section 12. This ordinance shall be dated April 21, 2008 and shall take effect upon its approval by the Board of Estimate and Apportionment of the City of Albany.


APPROVED AS TO FORM
April 11, 2008



_
Corporation Counsel

Council Member introduced the following:
Ordinance Number 31.42.08

AN ORDINANCE AUTHORIZING CERTAIN PROJECTS BY THE CITY OF ALBANY, NEW YORK AT A MAXIMUM ESTIMATED COST OF $6,991,000.00 AND AUTHORIZING THE ISSUANCE OF $6,991,000.00 SERIAL BONDS OF SAID CITY TO PAY THE COST THEREOF. (LANDFILL EXPANSION)
The City of Albany, in Common Council convened, does hereby ordain and enact:
Section 1. The objects or purposes to be authorized and financed pursuant to this ordinance are set forth below, together with estimates of the maximum estimated costs thereof; determinations of the periods of probable usefulness thereof and the subparagraphs of Section 11.00(a) of the New York Local Finance Law pursuant to which it is determined; the maximum amount of the bonds to be issued with respect to such object or purpose and the maximum term of the obligations to be issued with respect to each project or purpose.
Object or Purpose: Solid waste management-resource recovery facilities
Local Finance Law Section 11.00(a) Subparagraph 6
Period of Probable Usefulness: 25 years
Maximum Term of Obligations: 25 years
Maximum Estimated Cost: $6,991,000.00
Maximum Amount of Bonds: $6,991,000.00
Comptroller's Bond Authorization Numbers: AC-08
Comptroller's Project Numbers: GH 81609830
Section 2. The plan of financing such objects or purposes is the issuance of
$6,991,000.00 serial bonds hereby authorized to be issued.
Section 3. It is hereby ordered and directed that the projects specified above be undertaken and the amounts set forth as the maximum estimated costs are hereby appropriated therefor. The Board of Contract and Supply is hereby authorized to take such necessary and further steps to carry out the provisions of this section.
Section 4. Pending the sale of the bonds herein authorized, the temporary use of funds from the City's general fund, pursuant to the provisions of section 165.10 of the New York Local Finance Law, is hereby authorized. The City reasonably expects to reimburse such temporary expenditures with the proceeds of the bonds or bond anticipation notes authorized by section 1 of this ordinance. This ordinance shall constitute the City's "official intent" to reimburse such temporary expenditures in accordance with United States Treasury Regulation section 1.150-2.
Section 5. The faith and credit of the City of Albany, New York are hereby irrevocably pledged for the payment of the principal of and interest on such bonds as the same respectively become due and payable. An annual appropriation shall be made in each year sufficient to pay the principal of and interest on such bonds becoming due and payable in such year and such debt service payments may be made in substantially level or declining amounts as may be authorized by law. There shall annually be levied on all taxable real property of said City, a tax sufficient to pay the principal of and interest on such bonds as the same become due and payable.
Section 6. Subject to the provisions of the New York Local Finance Law, the power to authorize the issuance of and to sell bond anticipation notes in anticipation of the issuance and sale of the serial bonds herein authorized, including renewals of such notes, is hereby delegated in the City comptroller, as chief fiscal officer of the City of Albany. Such notes shall be of such terms, form and contents, and shall be sold in such manner, as may be prescribed by said City Comptroller, consistent with the provisions of Local Finance Law.
Section 7. The City Comptroller is further authorized to take such actions and execute such documents as may be necessary to ensure the continued status of the interest on the bonds authorized by this resolution and any notes issued in anticipation thereof, as excludable from federal income taxation pursuant to Section 103 of the Internal Revenue Code of 1986, as amended (the "Code") and to designate the bonds authorized by this resolution, and any notes issued in anticipation thereof as "qualified tax-exempt bonds" in accordance with Section 265(b)(3)(B)(i) of the Code.
Section 8. The City Comptroller is further authorized to enter into a continuing disclosure agreement with the initial purchaser of the bonds or notes authorized by this resolution, containing provisions which are satisfactory to such purchaser in compliance with the provisions of Rule 15c12-12, promulgated by the Securities and Exchange Commission pursuant to the Securities and Exchange Act of 1934.
Section 9. The validity of such bonds and bond anticipation notes may be contested only if:

(a) Such obligations are authorized for an object or purpose for which said City is not authorized to expend money, or
(b) The provisions of law which should be complied with at the date of publication of this ordinance pursuant to Section 8 hereof are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of such publications, or
(c) Such obligations are authorized in violation of the provisions of the Constitution.
Section 10. Upon this ordinance taking effect, the Clerk of the Common Council is hereby authorized and directed to publish the same together with a notice in substantially the form set forth in section 81.00 of the New York Local Finance Law.
Section 11. It is hereby determined that except as hereinafter specified, the authority and funding of the projects aforesaid constitute either unlisted of Type II actions under the New York State Environmental Quality Review Act and the regulations promulgated thereunder having no adverse effect upon the environment.
Section 12. This ordinance shall be dated April 21, 2008 and shall take effect upon its approval by the Board of Estimate and Apportionment of the City of Albany.


APPROVED AS TO FORM
April 11, 2008



_
Corporation Counsel

Council Member introduced the following:
Ordinance Number 32.42.08

AN ORDINANCE AUTHORIZING CERTAIN PROJECTS BY THE CITY OF ALBANY, NEW YORK AT A MAXIMUM ESTIMATED COST OF $1,700,000.00 AND AUTHORIZING THE ISSUANCE OF $1,700,000.00 SERIAL BONDS OF SAID CITY TO PAY THE COST THEREOF. (PINE BUSH RESTORATION)
The City of Albany, in Common Council convened, does hereby ordain and enact:
Section 1. The objects or purposes to be authorized and financed pursuant to this ordinance are set forth below, together with estimates of the maximum estimated costs thereof; determinations of the periods of probable usefulness thereof and the subparagraphs of Section 11.00(a) of the New York Local Finance Law pursuant to which it is determined; the maximum amount of the bonds to be issued with respect to such object or purpose and the maximum term of the obligations to be issued with respect to each project or purpose.
Object or Purpose: Land Acquisition
Local Finance Law Section 11.00(a) Subparagraph 21
Period of Probable Usefulness: 30 years
Maximum Term of Obligations: 30 years
Maximum Estimated Cost: $1,700,000.00
Maximum Amount of Bonds: $1,700,000.00
Comptroller's Bond Authorization Numbers: AB-08
Comptroller's Project Numbers: GH 81609829
Section 2. The plan of financing such objects or purposes is the issuance of
$1,700,000.00 serial bonds hereby authorized to be issued.
Section 3. It is hereby ordered and directed that the projects specified above be undertaken and the amounts set forth as the maximum estimated costs are hereby appropriated therefor. The Board of Contract and Supply is hereby authorized to take such necessary and further steps to carry out the provisions of this section.
Section 4. Pending the sale of the bonds herein authorized, the temporary use of funds from the City's general fund, pursuant to the provisions of section 165.10 of the New York Local Finance Law, is hereby authorized. The City reasonably expects to reimburse such temporary expenditures with the proceeds of the bonds or bond anticipation notes authorized by section 1 of this ordinance. This ordinance shall constitute the City's "official intent" to reimburse such temporary expenditures in accordance with United States Treasury Regulation section 1.150-2.
Section 5. The faith and credit of the City of Albany, New York are hereby irrevocably pledged for the payment of the principal of and interest on such bonds as the same respectively become due and payable. An annual appropriation shall be made in each year sufficient to pay the principal of and interest on such bonds becoming due and payable in such year and such debt service payments may be made in substantially level or declining amounts as may be authorized by law. There shall annually be levied on all taxable real property of said City, a tax sufficient to pay the principal of and interest on such bonds as the same become due and payable.
Section 6. Subject to the provisions of the New York Local Finance Law, the power to authorize the issuance of and to sell bond anticipation notes in anticipation of the issuance and sale of the serial bonds herein authorized, including renewals of such notes, is hereby delegated in the City comptroller, as chief fiscal officer of the City of Albany. Such notes shall be of such terms, form and contents, and shall be sold in such manner, as may be prescribed by said City Comptroller, consistent with the provisions of Local Finance Law.
Section 7. The City Comptroller is further authorized to take such actions and execute such documents as may be necessary to ensure the continued status of the interest on the bonds authorized by this resolution and any notes issued in anticipation thereof, as excludable from federal income taxation pursuant to Section 103 of the Internal Revenue Code of 1986, as amended (the "Code") and to designate the bonds authorized by this resolution, and any notes issued in anticipation thereof as "qualified tax-exempt bonds" in accordance with Section 265(b)(3)(B)(i) of the Code.
Section 8. The City Comptroller is further authorized to enter into a continuing disclosure agreement with the initial purchaser of the bonds or notes authorized by this resolution, containing provisions which are satisfactory to such purchaser in compliance with the provisions of Rule 15c12-12, promulgated by the Securities and Exchange Commission pursuant to the Securities and Exchange Act of 1934.
Section 9. The validity of such bonds and bond anticipation notes may be contested only if:

(a) Such obligations are authorized for an object or purpose for which said City is not authorized to expend money, or
(b) The provisions of law which should be complied with at the date of publication of this ordinance pursuant to Section 8 hereof are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of such publications, or
(c) Such obligations are authorized in violation of the provisions of the Constitution.
Section 10. Upon this ordinance taking effect, the Clerk of the Common Council is hereby authorized and directed to publish the same together with a notice in substantially the form set forth in section 81.00 of the New York Local Finance Law.
Section 11. It is hereby determined that except as hereinafter specified, the authority and funding of the projects aforesaid constitute either unlisted of Type II actions under the New York State Environmental Quality Review Act and the regulations promulgated thereunder having no adverse effect upon the environment.
Section 12. This ordinance shall be dated April 21, 2008 and shall take effect upon its approval by the Board of Estimate and Apportionment of the City of Albany.


APPROVED AS TO FORM
April 11, 2008



_
Corporation Counsel

Council Member introduced the following:
Ordinance Number 33.42.08

AN ORDINANCE AUTHORIZING CERTAIN PROJECTS BY THE CITY OF ALBANY, NEW YORK AT A MAXIMUM ESTIMATED COST OF $287,400.00 AND AUTHORIZING THE LEASE FINANCING OR THE ISSUANCE OF $287,400.00 SERIAL BONDS OF SAID CITY TO PAY THE COST THEREOF. (EXCAVATOR-LANDFILL)
The City of Albany, in Common Council convened, does hereby ordain and enact:
Section 1. The objects or purposes to be authorized and financed pursuant to this ordinance are set forth below, together with estimates of the maximum estimated costs thereof; determinations of the periods of probable usefulness thereof and the subparagraphs of Section 11.00(a) of the New York Local Finance Law pursuant to which it is determined; the maximum amount of the bonds to be issued with respect to such object or purpose and the maximum term of the obligations to be issued with respect to each project or purpose.
Object or Purpose: Solid waste management-resource recovery facilities
Local Finance Law Section 11.00(a) Subparagraph 6
Period of Probable Usefulness: 10 years
Maximum Term of Obligations: 10 years
Maximum Estimated Cost: $287,400.00
Maximum Amount of Bonds: $287,400.00
Comptroller's Bond Authorization Numbers: AF-08
Comptroller's Project Numbers: GH 81609833
Section 2. The plan of financing such objects or purposes is the lease financing of or the issuance of $287,400.00 serial bonds hereby authorized to be issued.
Section 3. It is hereby ordered and directed that the projects specified above be undertaken and the amounts set forth as the maximum estimated costs are hereby appropriated therefor. The Board of Contract and Supply is hereby authorized to take such necessary and further steps to carry out the provisions of this section.
Section 4. Pending the sale of the bonds herein authorized, the temporary use of funds from the City's general fund, pursuant to the provisions of section 165.10 of the New York Local Finance Law, is hereby authorized. The City reasonably expects to reimburse such temporary expenditures with the proceeds of the bonds or bond anticipation notes authorized by section 1 of this ordinance. This ordinance shall constitute the City's "official intent" to reimburse such temporary expenditures in accordance with United States Treasury Regulation section 1.150-2.
Section 5. The faith and credit of the City of Albany, New York are hereby irrevocably pledged for the payment of the principal of and interest on such leases or bonds as the same respectively become due and payable. An annual appropriation shall be made in each year sufficient to pay the principal of and interest on such leases or bonds becoming due and payable in such year and such debt service payments may be made in substantially level or declining amounts as may be authorized by law. There shall annually be levied on all taxable real property of said City, a tax sufficient to pay the principal of and interest on such leases or bonds as the same become due and payable.
Section 6. Subject to the provisions of the New York Local Finance Law, the power to authorize the issuance of and to sell bond anticipation notes in anticipation of the issuance and sale of the serial bonds herein authorized, including renewals of such notes, is hereby delegated in the City comptroller, as chief fiscal officer of the City of Albany. Such notes shall be of such terms, form and contents, and shall be sold in such manner, as may be prescribed by said City Comptroller, consistent with the provisions of Local Finance Law.
Section 7. The City Comptroller is further authorized to take such actions and execute such documents as may be necessary to ensure the continued status of the interest on the leases or bonds authorized by this resolution and any notes issued in anticipation thereof, as excludable from federal income taxation pursuant to Section 103 of the Internal Revenue Code of 1986, as amended (the "Code") and to designate the bonds authorized by this resolution, and any notes issued in anticipation thereof as "qualified tax-exempt bonds" in accordance with Section 265(b)(3)(B)(i) of the Code.
Section 8. The City Comptroller is further authorized to enter into a continuing disclosure agreement with the initial issuer of the leases or the purchaser of the bonds or notes authorized by this resolution, containing provisions which are satisfactory to such purchaser in compliance with the provisions of Rule 15c12-12, promulgated by the Securities and Exchange Commission pursuant to the Securities and Exchange Act of 1934.
Section 9. The validity of such leases or bonds and bond anticipation notes may be contested only if:
(a) Such obligations are authorized for an object or purpose for which said City is not authorized to expend money, or
(b) The provisions of law which should be complied with at the date of publication of this ordinance pursuant to Section 8 hereof are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of such publications, or
(c) Such obligations are authorized in violation of the provisions of the Constitution.
Section 10. Upon this ordinance taking effect, the Clerk of the Common Council is hereby authorized and directed to publish the same together with a notice in substantially the form set forth in section 81.00 of the New York Local Finance Law.
Section 11. It is hereby determined that except as hereinafter specified, the authority and funding of the projects aforesaid constitute either unlisted of Type II actions under the New York State Environmental Quality Review Act and the regulations promulgated thereunder having no adverse effect upon the environment.
Section 12. This ordinance shall be dated April 21, 2008 and shall take effect upon its approval by the Board of Estimate and Apportionment of the City of Albany.


APPROVED AS TO FORM
April 11, 2008



_
Corporation Counsel

Council Member introduced the following:
Ordinance Number 34.42.08

AN ORDINANCE AUTHORIZING CERTAIN PROJECTS BY THE CITY OF ALBANY, NEW YORK AT A MAXIMUM ESTIMATED COST OF $123,600.00 AND AUTHORIZING THE ISSUANCE OF $123,600.00 SERIAL BONDS OF SAID CITY TO PAY THE COST THEREOF. (VIBRATORY ROLLER LANDFILL)
The City of Albany, in Common Council convened, does hereby ordain and enact:
Section 1. The objects or purposes to be authorized and financed pursuant to this ordinance are set forth below, together with estimates of the maximum estimated costs thereof; determinations of the periods of probable usefulness thereof and the subparagraphs of Section 11.00(a) of the New York Local Finance Law pursuant to which it is determined; the maximum amount of the bonds to be issued with respect to such object or purpose and the maximum term of the obligations to be issued with respect to each project or purpose.
Object or Purpose: Solid waste management-resource recovery facilities
Local Finance Law Section 11.00(a) Subparagraph 6
Period of Probable Usefulness: 25 years
Maximum Term of Obligations: 25 years
Maximum Estimated Cost: $123,600.00
Maximum Amount of Bonds: $123,600.00
Comptroller's Bond Authorization Numbers: AE-08
Comptroller's Project Numbers: GH 81609832
Section 2. The plan of financing such objects or purposes is the issuance of
$123,600.00 serial bonds hereby authorized to be issued.
Section 3. It is hereby ordered and directed that the projects specified above be undertaken and the amounts set forth as the maximum estimated costs are hereby appropriated therefor. The Board of Contract and Supply is hereby authorized to take such necessary and further steps to carry out the provisions of this section.
Section 4. Pending the sale of the bonds herein authorized, the temporary use of funds from the City's general fund, pursuant to the provisions of section 165.10 of the New York Local Finance Law, is hereby authorized. The City reasonably expects to reimburse such temporary expenditures with the proceeds of the bonds or bond anticipation notes authorized by section 1 of this ordinance. This ordinance shall constitute the City's "official intent" to reimburse such temporary expenditures in accordance with United States Treasury Regulation section 1.150-2.
Section 5. The faith and credit of the City of Albany, New York are hereby irrevocably pledged for the payment of the principal of and interest on such bonds as the same respectively become due and payable. An annual appropriation shall be made in each year sufficient to pay the principal of and interest on such bonds becoming due and payable in such year and such debt service payments may be made in substantially level or declining amounts as may be authorized by law. There shall annually be levied on all taxable real property of said City, a tax sufficient to pay the principal of and interest on such bonds as the same become due and payable.
Section 6. Subject to the provisions of the New York Local Finance Law, the power to authorize the issuance of and to sell bond anticipation notes in anticipation of the issuance and sale of the serial bonds herein authorized, including renewals of such notes, is hereby delegated in the City comptroller, as chief fiscal officer of the City of Albany. Such notes shall be of such terms, form and contents, and shall be sold in such manner, as may be prescribed by said City Comptroller, consistent with the provisions of Local Finance Law.
Section 7. The City Comptroller is further authorized to take such actions and execute such documents as may be necessary to ensure the continued status of the interest on the bonds authorized by this resolution and any notes issued in anticipation thereof, as excludable from federal income taxation pursuant to Section 103 of the Internal Revenue Code of 1986, as amended (the "Code") and to designate the bonds authorized by this resolution, and any notes issued in anticipation thereof as "qualified tax-exempt bonds" in accordance with Section 265(b)(3)(B)(i) of the Code.
Section 8. The City Comptroller is further authorized to enter into a continuing disclosure agreement with the initial purchaser of the bonds or notes authorized by this resolution, containing provisions which are satisfactory to such purchaser in compliance with the provisions of Rule 15c12-12, promulgated by the Securities and Exchange Commission pursuant to the Securities and Exchange Act of 1934.
Section 9. The validity of such bonds and bond anticipation notes may be contested only if:

(a) Such obligations are authorized for an object or purpose for which said City is not authorized to expend money, or
(b) The provisions of law which should be complied with at the date of publication of this ordinance pursuant to Section 8 hereof are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of such publications, or
(c) Such obligations are authorized in violation of the provisions of the Constitution.
Section 10. Upon this ordinance taking effect, the Clerk of the Common Council is hereby authorized and directed to publish the same together with a notice in substantially the form set forth in section 81.00 of the New York Local Finance Law.
Section 11. It is hereby determined that except as hereinafter specified, the authority and funding of the projects aforesaid constitute either unlisted of Type II actions under the New York State Environmental Quality Review Act and the regulations promulgated thereunder having no adverse effect upon the environment.
Section 12. This ordinance shall be dated April 21, 2008 and shall take effect upon its approval by the Board of Estimate and Apportionment of the City of Albany.


APPROVED AS TO FORM
April 11, 2008



_
Corporation Counsel

Council Member introduced the following:
Ordinance Number 35.42.08

AN ORDINANCE AUTHORIZING CERTAIN PROJECTS BY THE CITY OF ALBANY, NEW YORK AT A MAXIMUM ESTIMATED COST OF $329,600.00 AND AUTHORIZING THE LEASE FINANCING OR THE ISSUANCE OF $329,600.00 SERIAL BONDS OF SAID CITY TO PAY THE COST THEREOF. (ARTICULATED DUMP TRUCK-LANDFILL)
The City of Albany, in Common Council convened, does hereby ordain and enact:
Section 1. The objects or purposes to be authorized and financed pursuant to this ordinance are set forth below, together with estimates of the maximum estimated costs thereof; determinations of the periods of probable usefulness thereof and the subparagraphs of Section 11.00(a) of the New York Local Finance Law pursuant to which it is determined; the maximum amount of the bonds to be issued with respect to such object or purpose and the maximum term of the obligations to be issued with respect to each project or purpose.
Object or Purpose: Solid waste management-resource recovery facilities
Local Finance Law Section 11.00(a) Subparagraph 6
Period of Probable Usefulness: 10 years
Maximum Term of Obligations: 10 years
Maximum Estimated Cost: $329,600.00
Maximum Amount of Bonds: $329,600.00
Comptroller's Bond Authorization Numbers: AD-08
Comptroller's Project Numbers: GH 81609831
Section 2. The plan of financing such objects or purposes is the lease financing of or the issuance of $329,600.00 serial bonds hereby authorized to be issued.
Section 3. It is hereby ordered and directed that the projects specified above be undertaken and the amounts set forth as the maximum estimated costs are hereby appropriated therefor. The Board of Contract and Supply is hereby authorized to take such necessary and further steps to carry out the provisions of this section.
Section 4. Pending the sale of the bonds herein authorized, the temporary use of funds from the City's general fund, pursuant to the provisions of section 165.10 of the New York Local Finance Law, is hereby authorized. The City reasonably expects to reimburse such temporary expenditures with the proceeds of the bonds or bond anticipation notes authorized by section 1 of this ordinance. This ordinance shall constitute the City's "official intent" to reimburse such temporary expenditures in accordance with United States Treasury Regulation section 1.150-2.
Section 5. The faith and credit of the City of Albany, New York are hereby irrevocably pledged for the payment of the principal of and interest on such leases or bonds as the same respectively become due and payable. An annual appropriation shall be made in each year sufficient to pay the principal of and interest on such leases or bonds becoming due and payable in such year and such debt service payments may be made in substantially level or declining amounts as may be authorized by law. There shall annually be levied on all taxable real property of said City, a tax sufficient to pay the principal of and interest on such leases or bonds as the same become due and payable.
Section 6. Subject to the provisions of the New York Local Finance Law, the power to authorize the issuance of and to sell bond anticipation notes in anticipation of the issuance and sale of the serial bonds herein authorized, including renewals of such notes, is hereby delegated in the City comptroller, as chief fiscal officer of the City of Albany. Such notes shall be of such terms, form and contents, and shall be sold in such manner, as may be prescribed by said City Comptroller, consistent with the provisions of Local Finance Law.
Section 7. The City Comptroller is further authorized to take such actions and execute such documents as may be necessary to ensure the continued status of the interest on the leases or bonds authorized by this resolution and any notes issued in anticipation thereof, as excludable from federal income taxation pursuant to Section 103 of the Internal Revenue Code of 1986, as amended (the "Code") and to designate the bonds authorized by this resolution, and any notes issued in anticipation thereof as "qualified tax-exempt bonds" in accordance with Section 265(b)(3)(B)(i) of the Code.
Section 8. The City Comptroller is further authorized to enter into a continuing disclosure agreement with the initial issuer of the leases or the purchaser of the bonds or notes authorized by this resolution, containing provisions which are satisfactory to such purchaser in compliance with the provisions of Rule 15c12-12, promulgated by the Securities and Exchange Commission pursuant to the Securities and Exchange Act of 1934.
Section 9. The validity of such leases or bonds and bond anticipation notes may be contested only if:
(a) Such obligations are authorized for an object or purpose for which said City is not authorized to expend money, or
(b) The provisions of law which should be complied with at the date of publication of this ordinance pursuant to Section 8 hereof are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of such publications, or
(c) Such obligations are authorized in violation of the provisions of the Constitution.
Section 10. Upon this ordinance taking effect, the Clerk of the Common Council is hereby authorized and directed to publish the same together with a notice in substantially the form set forth in section 81.00 of the New York Local Finance Law.
Section 11. It is hereby determined that except as hereinafter specified, the authority and funding of the projects aforesaid constitute either unlisted of Type II actions under the New York State Environmental Quality Review Act and the regulations promulgated thereunder having no adverse effect upon the environment.
Section 12. This ordinance shall be dated April 21, 2008 and shall take effect upon its approval by the Board of Estimate and Apportionment of the City of Albany.


APPROVED AS TO FORM
April 11, 2008



_
Corporation Counsel

Council Member introduced the following:
Ordinance Number 36.42.08

AN ORDINANCE AUTHORIZING CERTAIN PROJECTS BY THE CITY OF ALBANY, NEW YORK AT A MAXIMUM ESTIMATED COST OF $750,000.00 AND AUTHORIZING THE ISSUANCE OF $750,000.00 SERIAL BONDS OF SAID CITY TO PAY THE COST THEREOF. (PROFESSIONAL FEES LANDFILL)
The City of Albany, in Common Council convened, does hereby ordain and enact:
Section 1. The objects or purposes to be authorized and financed pursuant to this ordinance are set forth below, together with estimates of the maximum estimated costs thereof; determinations of the periods of probable usefulness thereof and the subparagraphs of Section 11.00(a) of the New York Local Finance Law pursuant to which it is determined; the maximum amount of the bonds to be issued with respect to such object or purpose and the maximum term of the obligations to be issued with respect to each project or purpose.
Object or Purpose: Solid waste management-resource recovery facilities
Local Finance Law Section 11.00(a) Subparagraph 6
Period of Probable Usefulness: 25 years
Maximum Term of Obligations: 25 years
Maximum Estimated Cost: $750,000.00
Maximum Amount of Bonds: $750,000.00
Comptroller's Bond Authorization Numbers: AL-08
Comptroller's Project Numbers: GH 81609839
Secti

AGENDA
OF THE
ALBANY COMMON COUNCIL

Monday, April 21, 2008


THE COMMON COUNCIL MEETS THE FIRST AND THIRD MONDAY OF EACH MONTH AT 7:00 P.M. IN THE COMMON COUNCIL CHAMBERS.

ORDER OF BUSINESS:

Roll Call
Welcome
Pledge of Allegiance
Moment of Silence
Public Hearing (1)
Public Comment Period (30 Minutes)
Approval of Minutes from Previous Meeting
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
Miscellaneous or Unfinished Business
Adjournment














__
NOTICE OF PUBLIC HEARING

Notice is hereby given that a Public Hearing will be held in the Common Council Chambers, City Hall, Albany, New York at 7:00 p.m. on Monday, April 21st, 2008, on the following Local Law:

LOCAL LAW D – 2008

A LOCAL LAW AMENDING CHAPTER 333 (TAXATION) OF THE CODE OF THE CITY OF ALBANY TO
ADD A NEW EXEMPTION FOR COLD WAR VETERANS IN ACCORDANCE WITH THE PROVISIONS
OF THE REAL PROPERTY TAX LAW SECTION 458-b

Anyone wishing to be heard will have an opportunity to do so at the time and place stated.

JOHN C. MARSOLAIS
Clerk of the Common Council
__













LOCAL LAWS HELD


1. CALSOLARO LOCAL LAW B-2007*

A LOCAL LAW AMENDING CHAPTER 20 (BUREAU OF BUILDINGS), CHAPTER 255 (PEACE AND GOOD ORDER) AND CHAPTER 353 (VEHICLES FOR HIRE) IN RELATION TO THE COMMISSIONER OF PUBLIC SAFETY*Referred to the Law, Buildings and Code Enforcement Committee


2. CALSOLARO, et al LOCAL LAW C-2008*

A LOCAL LAW AMENDING ARTICLE XLIV (GENERAL PROVISIONS) OF CHAPTER 42 (DEPARTMENTS AND COMMISSIONS) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO THE CIVILIAN POLICE REVIEW BOARD AND MULTIPLE COMPLAINTS AGAINST AN OFFICER* Referred to the Public Safety Committee


3. CALSOLARO LOCAL LAW D-2008*

A LOCAL LAW AMENDING CHAPTER 333 (TAXATION) OF THE CODE OF THE CITY OF ALBANY TO ADD A NEW EXEMPTION FOR COLD WAR VETERANS IN ACCORDANCE WITH THE PROVISIONS OF THE REAL PROPERTY TAX LAW SECTION 458-b* Referred to the Finance, Taxation and Assessment Committee


4. CASEY LOCAL LAW A-2008*

A LOCAL LAW AMENDING CHAPTER 90 (TRAFFIC VIOLATIONS BUREAU) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO UNPAID PARKING TICKETS* Referred to the Law, Buildings and Code Enforcement Committee


5. CONTI LOCAL LAW C-2006*

A LOCAL LAW AMENDING SECTION 603(A) OF THE CITY OF ALBANY CHARTER IN RELATION TO THE PROPOSED BUDGET OF THE COMMON COUNCIL. *Referred to the Law, Buildings and Code Enforcement Committee


6. CONTI LOCAL LAW C-2007*
(As Amended 10/15/07)

A LOCAL LAW AMENDING SECTION 603(D) OF THE CITY OF ALBANY CHARTER IN RELATION TO THE AUTHORITY OF THE BOARD OF ESTIMATE AND APPORTIONMENT TO TRANSFER BUDGETED FUNDS* Referred to the Finance, Taxation and Assessment Committee


7. ELLIS LOCAL LAW B-2008*

LOCAL LAW AMENDING ARTICLE I (PATRONIZING HOME INDUSTRY) OF CHAPTER 62 (LABOR) OF THE CODE OF THE CITY OF ALBANY TO REQUIRE RESIDENCY FOR CERTAIN CITY EMPLOYEES* Referred to the Law, Buildings and Code Enforcement Committee


8. FAHEY LOCAL LAW D-2007*

A LOCAL LAW ENACTING A MORATORIUM WITHIN THE CITY OF ALBANY* Referred to the Planning, Economic Development and Land Use Committee



































ORDINANCES INTRODUCED

25.42.08 AN ORDINANCE AMENDING VARIOUS SECTIONS OF THE CITY CODE TO INCREASE FEES AND FINES


26.42.08 AN ORDINANCE AUTHORIZING CERTAIN PROJECTS BY THE CITY OF ALBANY, NEW YORK AT A MAXIMUM ESTIMATED COST OF $35,000.00 AND AUTHORIZING THE LEASE FINANCING OR THE ISSUANCE OF $35,000.00 SERIAL BONDS OF SAID CITY TO PAY THE COST THEREOF. (ONE TON PICKUP- LANDFILL)


27.42.08 AN ORDINANCE AUTHORIZING CERTAIN PROJECTS BY THE CITY OF ALBANY,
NEW YORK AT A MAXIMUM ESTIMATED COST OF $56,650.00 AND AUTHORIZING
THE ISSUANCE OF $56,650.00 SERIAL BONDS OF SAID CITY TO PAY
THE COST THEREOF. (FLARE GAS ANALYZER)

28.42.08 AN ORDINANCE AUTHORIZING CERTAIN PROJECTS BY THE CITY OF ALBANY, NEW YORK AT A MAXIMUM ESTIMATED COST OF $120,000.00 AND AUTHORIZING THE ISSUANCE OF $120,000.00 SERIAL BONDS OF SAID CITY TO PAY THE COST THEREOF. (SCADA SYSTEM LANDFILL)

29.42.08 AN ORDINANCE AUTHORIZING CERTAIN PROJECTS BY THE CITY OF ALBANY, NEW YORK AT A MAXIMUM ESTIMATED COST OF $205,000.00 AND AUTHORIZING THE ISSUANCE OF $205,000.00 SERIAL BONDS OF SAID CITY TO PAY THE COST THEREOF. (CAES GPS LANDFILL GRADING SYSTEM)

30.42.08 AN ORDINANCE AUTHORIZING CERTAIN PROJECTS BY THE CITY OF ALBANY, NEW YORK AT A MAXIMUM ESTIMATED COST OF $155,000.00 AND AUTHORIZING THE ISSUANCE OF $155,000.00 SERIAL BONDS OF SAID CITY TO PAY THE COST THEREOF. (POSISHELL EQUIPMENT LANDFILL)

31.42.08 AN ORDINANCE AUTHORIZING CERTAIN PROJECTS BY THE CITY OF ALBANY, NEW YORK AT A MAXIMUM ESTIMATED COST OF $6,991,000.00 AND AUTHORIZING THE ISSUANCE OF $6,991,000.00 SERIAL BONDS OF SAID CITY TO PAY THE COST THEREOF. (LANDFILL EXPANSION)

32.42.08 AN ORDINANCE AUTHORIZING CERTAIN PROJECTS BY THE CITY OF ALBANY, NEW YORK AT A MAXIMUM ESTIMATED COST OF $1,700,000.00 AND AUTHORIZING THE ISSUANCE OF $1,700,000.00 SERIAL BONDS OF SAID CITY TO PAY THE COST THEREOF. (PINE BUSH RESTORATION)

33.42.08 AN ORDINANCE AUTHORIZING CERTAIN PROJECTS BY THE CITY OF ALBANY, NEW YORK AT A MAXIMUM ESTIMATED COST OF $287,400.00 AND AUTHORIZING THE LEASE FINANCING OR THE ISSUANCE OF $287,400.00 SERIAL BONDS OF SAID CITY TO PAY THE COST THEREOF. (EXCAVATOR-LANDFILL)



34.42.08 AN ORDINANCE AUTHORIZING CERTAIN PROJECTS BY THE CITY OF ALBANY, NEW YORK AT A MAXIMUM ESTIMATED COST OF $123,600.00 AND AUTHORIZING THE ISSUANCE OF $123,600.00 SERIAL BONDS OF SAID CITY TO PAY THE COST THEREOF. (VIBRATORY ROLLER LANDFILL)

35.42.08 AN ORDINANCE AUTHORIZING CERTAIN PROJECTS BY THE CITY OF ALBANY, NEW
YORK AT A MAXIMUM ESTIMATED COST OF $329,600.00 AND AUTHORIZING
THE LEASE FINANCING OR THE ISSUANCE OF $329,600.00 SERIAL BONDS OF SAID
CITY TO PAY THE COST THEREOF. (ARTICULATED DUMP TRUCK-LANDFILL)

36.42.08 AN ORDINANCE AUTHORIZING CERTAIN PROJECTS BY THE CITY OF ALBANY, NEW YORK AT A MAXIMUM ESTIMATED COST OF $750,000.00 AND AUTHORIZING THE ISSUANCE OF $750,000.00 SERIAL BONDS OF SAID CITY TO PAY THE COST THEREOF. (PROFESSIONAL FEES LANDFILL)

37.42.08 AN ORDINANCE AUTHORIZING CERTAIN PROJECTS BY THE CITY OF ALBANY, NEW YORK AT A MAXIMUM ESTIMATED COST OF $280,000.00 AND AUTHORIZING THE ISSUANCE OF $280,000.00 SERIAL BONDS OF SAID CITY TO PAY THE COST THEREOF. (APD PATROL UNIT CAMERAS)


38.42.08 AN ORDINANCE AUTHORIZING CERTAIN PROJECTS BY THE CITY OF ALBANY, NEW YORK AT A MAXIMUM ESTIMATED COST OF $200,000.00 AND AUTHORIZING THE ISSUANCE OF $200,000.00 SERIAL BONDS OF SAID CITY TO PAY THE COST THEREOF. (MOBILE RADIOS)






















ORDINANCES HELD


1. CALSOLARO ORDINANCE 17.22.06*

AN ORDINANCE AMENDING ARTICLE II (FIREARMS AND AMMUNITION) OF CHAPTER 193 (FIREARMS AND AMMUNITION) OF THE CODE OF THE CITY OF ALBANY. *Referred to the Law, Buildings and Code Enforcement Committee


2. CALSOLARO, MCLAUGHLIN, SMITH ORDINANCE 62.81.06*

AN ORDINANCE REQUIRING THE INSTALLATION OF WINDOW GUARDS IN CERTAIN RESIDENTIAL DWELLING UNITS *Referred to the Law, Building and Code Enforcement Committee


3. CALSOLARO ORDINANCE 68.111.06*

AN ORDINANCE AMENDING CHAPTER 235 (HEALTH) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO HAZARDOUS MATERIALS *Referred to the Public Safety Committee


4. CALSOLARO ORDINANCE 45.32.07*

AN ORDINANCE AMENDING CHAPTER 57 (FISCAL YEAR AND ANNUAL ESTIMATE) AND PART 21 (COMMON COUNCIL) OF CHAPTER 42 (DEPARTMENT AND COMMISSIONS) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO POSTING OF INFORMATION ON THE CITY WEBSITE* Referred to the Finance, Taxation and Assessment Committee


5. CALSOLARO ORDINANCE 60.52.07*

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 REPORTING* Referred to the Public Safety Committee


6. CASEY ORDINANCE 44.32.06*

AN ORDINANCE AMENDING CHAPTER 359 (VEHICLE AND TRAFFIC) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO “CRUISING.” *Referred to the Law, Buildings and Code Enforcement Committee

7. CASEY ORDINANCE 58.62.06*

AN ORDINANCE AMENDING ARTICLE II (TRAFFIC REGULATIONS) OF CHAPTER 359 (VEHICLE AND TRAFFIC) OF THE CODE OF THE CITY OF ALBANY TO REQUIRE MARKINGS FOR FIRE HYDRANTS *Referred to the Law, Buildings and Code Enforcement Committee



8. CONTI ORDINANCE 59.52.07

AN ORDINANCE AMENDING PART 21 (COMMON COUNCIL), PART 10 (BOARD OF CONTRACT AND SUPPLY) AND PART 14 (BOARD OF ESTIMATE AND APPORTIONMENT) OF CHAPTER 42 (DEPARTMENTS AND COMMISSIONS) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO COMMON COUNCIL OPERATING PROCEDURES


9. CONTI ORDINANCE 67.82.07*

AN ORDINANCE AMENDING CHAPTER 375 (ZONING) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO AUTHORIZING RESIDENTIAL PARKING COOPERATIVES IN CERTAIN ZONING DISTRICTS* Referred to the Planning, Economic Development and Land Use Committee


10. CONTI ORDINANCE 3.21.08*

AN ORDINANCE AMENDING ARTICLE IV (BOARD OF ZONING APPEALS) OF CHAPTER 375 (ZONING) OF THE CODE OF THE CITY OF ALBANY IN ORDER TO REDUCE THE NUMBER OF MEMBERS AND CHANGE THE TERMS OF OFFICE* Referred to the Planning, economic Development and Land Use Committee


11. CONTI ORDINANCE 4.21.08*

AN ORDINANCE AMENDING ARTICLE XIA (VACANT BUILDING REGISTRY) OF CHAPTER 133 (BUILDING CONSTRUCTION) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO VACANT BUILDING REGISTRY FEES* Referred to the Law, Buildings and Code Enforcement Committee


12. CONTI ORDINANCE 23.41.08

AN ORDINANCE AUTHORIZING AND DIRECTING THE GRANT OF A PERMANENT EASEMENT TO KNOX STREET LIMITED PARTNERSHIP OVER, UPON AND UNDER A PORTION OF THE CITY RIGHT-OF-WAYS OF KNOX STREET AND DANA AVENUE IN THE CITY OF ALBANY


13. ELLIS ORDINANCE 80.122.07*

AN ORDINANCE AMENDING ARTICLE II (SERVICE OF NOTICES) AND ARTICLE III (PENALTIES) OF CHAPTER 133A (BUILDING CONSTRUCTION AND HOUSING: SPECIAL PROVISIONS) OF THE CODE OF THE CITY OF ALBANY* Referred to the Law, Buildings and Code Enforcement Committee






14. ELLIS ORDINANCE 81.122.07*

AN ORDINANCE AMENDING ARTICLE XIA (VACANT BUILDING REGISTRY) OF CHAPTER 133 (BUILDING CONSTRUCTION) OF THE CODE OF THE CITY OF ALBANY* Referred to the Law, Buildings and Code Enforcement Committee


15. FAHEY ORDINANCE 4.21.06*

AN ORDINANCE AMENDING CHAPTER 375 OF THE CODE OF THE CITY OF ALBANY (ZONING) CHANGING THE ZONING CLASSIFICATION OF APPROXIMATELY 3.6 ACRES OF PROPERTY LOCATED AT 41 HOLLAND AVENUE (NORTHEAST CORNER OF HOLLAND AVENUE AND HACKETT BOULEVARD) FROM HIGHWAY COMMERCIAL DISTRICT (C-2) TO COMMERCIAL OFFICE DISTRICT (C-O), AND AMENDING THE ZONING MAP ACCORDINGLY. *Referred to the Planning, Economic Development and Land Use Committee

16. FAHEY ORDINANCE 2.12.08*

AN ORDINANCE AMENDING ARTICLE X (RESIDENTIAL DISTRICT REGULATIONS), ARTICLE XI (NONRESIDENTIAL DISTRICT REGULATIONS), ARTICLE XII (SPECIAL DISTRICTS) AND ARTICLE XIV (SPECIFIC USE REGULATIONS) OF CHAPTER 375 (ZONING) IN RELATION TO SOLAR COLLECTION EQUIPMENT* Referred to the Planning, Economic Development and Land Use Committee

17. FOX ORDINANCE 71.92.07*

AN ORDINANCE AMENDING CHAPTER 375 OF THE CODE OF THE CITY OF ALBANY (ZONING) CHANGING THE ZONING CLASSIFICATION OF APPROXIMATELY 3.6 ACRES OF PROPERTY LOCATED ON THE SOUTH SIDE OF WASHINGTON AVENUE EXTENSION AND KNOWN AS 124-128R WASHINGTON AVENUE EXTENSION FROM R-1B (SINGLE-FAMILY MEDIUM DENSITY RESIDENTIAL DISTRICT) TO C-2 (HIGHWAY COMMERCIAL) AND AMENDING THE ZONING MAP ACCORDINGLY* Referred to the Planning, Economic Development and Land Use Committee

18. IGOE ORDINANCE 77.121.07*

AN ORDINANCE AMENDING ARTICLE IX (GENERAL PROVISIONS) OF PART 4 (RESIDENTIAL OCCUPANCY PERMIT) AND ARTICLE XII (REGISTRATION OF RENTAL DWELLINGS) OF PART 5 (RENTAL DWELLING REGISTRY) OF CHAPTER 231 (HOUSING) OF THE CODE OF THE CITY OF ALBANY* Law, Buildings and Code Enforcement Committee

19. IGOE ORDINANCE 24.41.08*

AN ORDINANCE AMENDING CHAPTER 217 (HANDBILLS) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO TELEPHONE DIRECTORY DISTRIBUTION* Referred to the Law, Buildings and Code Enforcement Committee

20. O’BRIEN ORDINANCE 72.92.07*

AN ORDINANCE AMENDING ARTICLE IV CHAPTER 375 (ZONING) IN RELATION TO PROCEDURES OF THE BOARD OF ZONING APPEALS AND ARTICLE XXIII CHAPTER 1 OF THE CODE OF THE CITY OF ALBANY (PLANNING) IN RELATION TO PROCEDURES OF THE PLANNING BOARD* Referred to the Planning, Economic Development and Land Use Committee

21. SANO ORDINANCE 39.31.07*

AN ORDINANCE AUTHORIZING CERTAIN PROJECTS BY THE CITY OF ALBANY, NEW YORK AT A MAXIMUM ESTIMATED COST OF $130,000.00 AND AUTHORIZING THE ISSUANCE OF $130,000.00 SERIAL BONDS OF SAID CITY TO PAY THE COST THEREOF. (MAINTENANCE SHED)* Referred to the Finance, Taxation and Assessment Committee

22. SANO ORDINANCE 54.51.07*

AN ORDINANCE AMENDING ARTICLE VIII (PUBLIC NUISANCE ABATEMENT) OF CHAPTER 255 OF THE CODE OF THE CITY OF ALBANY IN RELATION TO VIOLATIONS INCLUDED WITHIN THE DEFINITION OF PUBLIC NUISANCE* Referred to the Law, Buildings and Code Enforcement Committee


23. SANO ORDINANCE 66.81.07*

AN ORDINANCE AMENDING CHAPTER 323 (STREETS AND SIDEWALKS) OF THE CODE OF THE CITY OF ALBANY BY ADDING A NEW ARTICLE VII (SMOKING NEAR HEALTH CARE FACILITIES)* Referred to the Law, Buildings and Code Enforcement Committee


24. SCALZO ORDINANCE 48.41.07*

AN ORDINANCE REPEALING CHAPTER 193 (FIREARMS AND AMMUNITION) OF THE CODE OF THE CITY OF ALBANY, IN ITS ENTIRETY, AND ADDING A NEW CHAPTER 193 (FIREARMS, AMMUNITION AND WEAPONS)*Referred to the Law, Buildings and Code Enforcement Committee

25. SCALZO ORDINANCE 61.52.07*

AN ORDINANCE AMENDING CHAPTER 8 (POLICE INFORMATION REWARD PROGRAM) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO IMPLEMENTATION OF THE REWARD PROGRAM* Referred to the Public Safety Committee


26. SCALZO, CALSOLARO ORDINANCE 74.102.07*

AN ORDINANCE AMENDING CHAPTER 353 (VEHICLES FOR HIRE) ARTICLE II (TAXICABS AND HACKS) TO REQUIRE MANDATORY DRUG TESTING FOR HACK LICENSEES* Referred to the Law, Buildings and Code Enforcement Committee


27. SMITH ORDINANCE 46.32.07*

AN ORDINANCE AMENDING CHAPTER 375 OF THE CODE OF THE CITY OF ALBANY (ZONING) CHANGING THE ZONING CLASSIFICATION OF APPROXIMATELY .13 ACRES OF PROPERTY LOCATED AT 2, 4 and 6 GENESEE STREET FROM ONE-AND TWO-FAMILY RESIDENTIAL DISTRICT (R-2B) TO NEIGHBORHOOD-COMMERCIAL DISTRICT (C-1) AND AMENDING THE ZONING MAP ACCORDINGLY* Referred to the Planning, Economic Development and Land Use Committee



RESOLUTIONS INTRODUCED



38.42.08R RESOLUTION RECOMMENDING THAT THE CITY OF ALBANY MUNICIPAL CIVIL SERVICE COMMISSION ADOPT A RULES AMENDMENT PROVIDING FOR A RESIDENCY PREFERENCE


39.42.08R RESOLUTION OF THE ALBANY COMMON COUNCIL IN SUPPORT
OF THE HUMAN RIGHTS TORCH RELAY



40.42.08 RESOLUTION OF THE COMMON COUNCIL APPOINTING ADDITIONAL
MEMBERS TO THE CITY OF ALBANY COMPREHENSIVE PLAN BOARD



41.42.08R RESOLUTION ADOPTING A CITY OF ALBANY DEBT POLICY AS REQUIRED BY
SECTION 408 OF THE CITY CHARTER




























RESOLUTIONS HELD


1. CALSOLARO RESOLUTION 12.22.06R*

RESOLUTION CREATING A TEMPORARY ADVISORY COMMITTEE ON BICYCLE/PEDESTRIAN SAFETY AND USAGE *Referred to the Planning, Economic Development and Land Use Committee


2. CALSOLARO, MCLAUGHLIN, SMITH RESOLUTION 60.81.06R*

RESOLUTION OF THE CITY OF ALBANY COMMON COUNCIL ENCOURAGING THE ALBANY HOUSING AUTHORITY TO IMPLEMENT A VOLUNTARY PROGRAM TO PROVIDE FOR THE INSTALLATION OF WINDOW GUARDS *Referred to the Housing and Community Development Committee


3. CALSOLARO RESOLUTION 15.21.07R*

RESOLUTION COMMITTING THE CITY OF ALBANY TO ELIMINATE PERSISTENT BIOACCUMULATIVE TOXIC CHEMICALS (PBT’s) WHEREVER POSSIBLE *Referred to the Finance, Taxation and Assessment Committee


4. CASEY RESOLUTION 20.22.08R

RESOLUTION OF THE COMMON COUNCIL ENACTING A HOME RULE MESSAGE TO THE NEW YORK STATE LEGISLATURE REQUESTING THE ENACTMENT OF SENATE BILL NO. 3067 / ASSEMBLY BILL NO. 5697 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


5. CASEY RESOLTUION 28.32.08R*

RESOLUTION OF THE COMMON COUNCIL AMENDING THE RULES OF PROCEDURE IN RELATION TO LEADERSHIP MEETINGS* Referred to the Council Operations Committee


6. CASEY RESOLUTION 32.41.08R

RESOLUTION OF THE COMMON COUNCIL REQUESTING THE CITY BOARD OF EDUCATION TO EXPAND THE NUMBER OF POLLING PLACES AVAILABLE TO VOTERS





7. CONTI RESOLUTION 75.112.07R*

RESOLUTION OF THE COMMON COUNCIL AMENDING SECTION 4.11 OF THE COMMON COUNCIL RULES OF PROCEDURE IN RELATION TO THE SPONSORSHIP OF LEGISLATION* Referred to the Council Operations Committee


8. ELLIS, MCLAUGHLIN, SMITH RESOLUTION 78.122.07R*

RESOLUTION OF THE COMMON COUNCIL IN SUPPORT OF IMPLEMENTING A TWO YEAR FIREFIGHTER TRAINING PROGRAM IN COOPERATION WITH THE ALBANY SCHOOL DISTRICT AIMED AT INCREASING DIVERSITY WITHIN THE ALBANY FIRE DEPARTMENT* Referred to the Public Safety Committee


9. FAHEY RESOLUTION 13.22.06R*
(As Amended)

RESOLUTION OF THE COMMON COUNCIL GIVING NOTICE OF INTENT TO ACT AS LEAD AGENCY FOR PURPOSES OF DETERMINING ENVIRONMENTAL SIGNIFICANCE PURSUANT TO ARTICLE 8 OF THE ENVIRONMENTAL CONSERVATION LAW AND THE REGULATIONS PROMULGATED THEREUNDER (SEQRA) IN CONNECTION WITH ORDINANCE NUMBER 04.21.06 (41 HOLLAND AVENUE). *Referred to the Planning, Economic Development and Land Use Committee


10. FOX RESOLUTION 61.92.07R*

RESOLUTION OF THE COMMON COUNCIL REGARDING COMPLETION OF A SUPPLEMENTAL DRAFT ENVIRONMENTAL IMPACT STATEMENT AND SCHEDULING A PUBLIC HEARING IN ACCORDANCE WITH ARTICLE 8 OF THE ENVIRONMENTAL CONVERSATION LAW (SEQRA) AND THE REGULATIONS PROMULGATED THEREUNDER IN CONNECTION WITH THARALDSON DEVELOPMENT COMPANY’S APPLICATION FOR REZONING OF 124-128R WASHINGTON AVENUE EXTENSION* Referred to the Planning, Economic Development and Land Use Committee


11. HERRING RESOLUTION 9.12.08*

RESOLUTION OF THE COMMON COUNCIL CONFIRMING THE APPOINTMENT OF SEAN M. RAFFERTY AS A MEMBER OF THE HISTORIC RESOURCES COMMISSION* Referred to the Planning, Economic Development and Land Use Committee


12. HERRING RESOLUTION 26.31.08R(MC)*

RESOLUTION OF THE COMMON COUNCIL CONSENTING TO THE APPOINTMENT OF CHRISTINE SISTO MERTES AS A MEMBER OF THE ALBANY PARKING AUTHORITY* Referred to the Planning, Economic Development, and Land Use Committee


13. HERRING RESOLUTION 34.41.08R*

RESOLUTION OF THE COMMON COUNCIL RECOMMENDING THAT THE CITY OF ALBANY MUNICIPAL CIVIL SERVICE COMMISSION ADOPT A RULES AMENDMENT FOR ACTIVE DUTY MILITARY PERSONNEL* Referred to the Human Resources and Human Rights Committee



14. O’BRIEN RESOLUTION 2.11.08R

RESOLUTION OF THE COMMON COUNCIL APPROVING THE USE OF 1044 CENTRAL AVENUE FOR PARKING SPACES PURSUANT TO SECTION 375-186 OF THE CODE OF THE CITY OF ALBANY


15. O’BRIEN RESOLUTION 36.41.08*

RESOLUTION OF THE COMMON COUNCIL CONFIRMING THE APPOINTMENT OF NICHOLAS J. D’ANTONIO AS THE COMMISSIONER OF THE DEPARTMENT OF GENERAL SERVICES* Referred to the General Services, Health and Environment Committee



16. SANO, et al. RESOLUTION 11.22.06R*

RESOLUTION OF THE COMMON COUNCIL APPROVING THE ADOPTION OF A FUNDS MANAGEMENT AND INVESTMENT POLICY. *Referred to the Finance, Tax & Assessment Committee


17. SANO RESOLUTION 22.22.08*

RESOLUTION OF THE COMMON COUNCIL RE-APPOINTING DOMINIC DONATO AS A MEMBER OF THE BOARD OF ASSESSMENT REVIEW* Referred to Finance, Taxation and Assessment Committee



18. SANO RESOLUTION 27.32.08R*

RESOLUTION OF THE COMMON COUNCIL SUPPORTING THE NEW YORK STATE ASSEMBLY IN CALLING UPON CONGRESS TO ENACT THE HOMEOWNERS AND BANKS PROTECTION ACT*Referred to the Finance, Taxation and Assessment Committee

19. SCALZO RESOLUTION 15.22.06R*

RESOLUTION OF THE COMMON COUNCIL AMENDING THE RULES OF PROCEDURE IN RELATION TO COMMITTEES. *Referred to the Council Operations and Ethics Committe