AGENDA

OF THE

ALBANY COMMON COUNCIL

Monday, February 4th, 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.CONTILOCAL 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

3.CASEYLOCAL 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

4.CONTILOCAL 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

5.FAHEYLOCAL 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

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

4.21.08AN 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

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

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.CALSOLAROORDINANCE 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.CALSOLAROORDINANCE 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.CONTIORDINANCE 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.CONTIORDINANCE 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.CONTIORDINANCE 1.11.08*

AN ORDINANCE AMENDING CHAPTER 251 (PARKS AND RECREATION) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO PROHIBITING FIREWORKS OR PYROTECHNICS IN CERTAIN PARKS* Referred to the General Services, Health and Environment Committee

11.ELLISORDINANCE 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

12.ELLISORDINANCE 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

13.FAHEYORDINANCE 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

14.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

15.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

16.IGOEORDINANCE 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

17.O’BRIENORDINANCE 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

18.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

19.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

20SANO 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

21.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

22.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

23.SCALZO, CALSOLAROORDINANCE 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

24.SMITHORDINANCE 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

15.21.08RRESOLUTION HONORING REVEREND ROBERT W. DIXON, SR. AND DEDICATING A PORTION OF ALEXANDER STREET IN HIS HONOR

16.21.08RRESOLUTION OF THE COMMON COUNCIL SUPPORTING AN AMENDMENT TO TITLE 6 OF THE NEW YORK STATE PUBLIC AUTHORITIES LAW IN RELATION TO THE ALBANY MUNICPAL WATER FINANCE AUTHORITY AND ALBANY WATER BOARD

17.21.08RRESOLUTION DESIGNATING THE MAYOR TO ACT AS OFFICIAL REPRESENTATIVE OF THE CITY OF ALBANY TO SUBMIT ANNUALLY TO THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT THE “ANNUAL ACTION PLAN”, AND AMENDMENTS THERETO, UNDER THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM

RESOLUTIONS HELD

1. CALSOLARORESOLUTION 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, SMITHRESOLUTION 60.81.06R*

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

3.CALSOLARORESOLUTION 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.CALSOLARORESOLUTION 5.11.08R(MC)*

RESOLUTION REQUESTING THAT THE CORPORATION COUNSEL CEASE ITS APPEAL TO THE APPELLATE DIVISION SEEKING TO OVER-TURN THE SUPREME COURT RULING IN THE CASE OF: SAVE THE PINE BUSH ET AL. V. COMMON COUNCIL OF THE CITY OF ALBANY (INDEX NO. 1783-06 RJI NO. 01-06-085081), ISSUED BY ACTING SUPREME COURT JUSTICE THOMAS J. MCNAMARA AND SIGNED BY SAID JUSTICE ON FEBRUARY 7, 2007.* Referred to the Planning, Economic Development, and Land Use Committee

5.CASEYRESOLUTION 4.11.08R(MC)*

RESOLUTION OF THE COMMON COUNCIL CONFIRMING THE APPOINTMENT OF TROY W. MACKEY AS THE COMMISSIONER OF THE DEPARTMENT OF ADMINISTRATIVE SERVICES* Referred to the Homan Resources and Human Rights Committee

6.CONTIRESOLUTION 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.CONTIRESOLUTION 3.11.08R*

RESOLUTION OF THE COMMON COUNCIL SETTING FORTH TRAINING STANDARDS FOR MEMBERS OF THE ALBANY PLANNING BOARD AND BOARD OF ZONING APPEALS IN ACCORDANCE WITH THE NYS GENERAL CITY LAW* Referred to the Planning, Economic Development and Land Use Committee

8.ELLIS, MCLAUGHLIN, SMITHRESOLUTION 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.FAHEYRESOLUTION 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.FOXRESOLUTION 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.HERRINGRESOLUTION 1.11.08R*

RESOLUTION OF THE COMMON COUNCIL SUPPORTING THE HARRIMAN CAMPUS – UNIVERSITY AT ALBANY TRANSPORTATION LINKAGE STUDY* Referred to the Planning, Economic Development and Land Use Committee

12.HERRINGRESOLUTION 6.12.08*

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

13.HERRINGRESOLUTION 7.12.08R*

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

14.HERRINGRESOLUTION 8.12.08*

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

15.HERRINGRESOLUTION 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

16.HERRINGRESOLUTION 11.12.08(MC)*

RESOLUTION OF THE COMMON COUNCIL CONFIRMING THE APPOINTMENT OF RAYMOND F. JOYCE, JR. AS A MEMBER OF THE PLANNING BOARD* Referred to the Planning, Economic Development and Land Use Committee

17.HERRINGRESOLUTION 12.12.08(MC)*

RESOLUTION OF THE COMMON COUNCIL CONFIRMING THE APPOINTMENT OF JOSEPH RAY AS A MEMBER OF THE BOARD OF ZONING APPEALS* Referred to the Planning, Economic Development and Land Use Committee

18.HERRINGRESOLUTION 13.12.08(MC)*

RESOLUTION OF THE COMMON COUNCIL CONFIRMING THE APPOINTMENT OF SUSIE TUCKER-ROSS AS A MEMBER OF THE BOARD OF ZONING APPEALS* Referred to the Planning, Economic Development and Land Use Committee

19.HERRINGRESOLUTION 14.12.08(MC)*

RESOLUTION OF THE COMMON COUNCIL CONFIRMING THE APPOINTMENT OF ANN MARIE DEMARCO AS A MEMBER OF THE PLANNING BOARD* Referred to the Planning, Economic Development and Land Use Committee

20.O’BRIENRESOLUTION 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

21.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

22. 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