1. Common Council Agenda - April 19, 2021 Documents: 21 AGENDA 0419.PDF 1.I. 21 Agenda 419 Amended Documents: 21 AGENDA 0419 AMENDED 1.PDF 2. Active Calendar 2.I. Active Calendar 4/19/21 Documents: ACTIVE CALENDAR APRIL 19 2021.PDF 3. Supporting Legislation 3.I. Supporting Legislation April 19, 2021 Documents: SUPPORT LEGISLATION APRIL 19 2021 (1).PDF 4. Minutes 4.I. April 19, 2021 Meeting Minutes Documents: 21 MINUTES 0419REV.PDF 5. Majority Consent (MC) 5.I. Legislation Added By Majority Consent Documents: RESOLUTION 39.41.21R (MC) FARRELL - 15 DOLLAR MINIMUM FOR ALL CITY EMPLOYEES.PDF RESOLUTION 40.41.21R (MC) HONORING THE LIFE AND LEGACY OF MINISTER JANIE JACOBS-FRANKLIN.PDF 6. Supporting Document 6.I. Ch. 285 Of Laws Of 2019 - April 19, 2021 Documents: CH. 285 OF LAWS OF 2019.PDF 6.II. Small Cell ROW - Verizon - April 19, 2021 Documents: CH. 285 OF LAWS OF 2019.PDF 6.II. Small Cell ROW - Verizon - April 19, 2021 Documents: SMALL CELL ROW AGREEMENT - VERIZON - FINAL.PDF 6.III. Small Cell ROW - ATT New Cingular Wireless - April 19, 2021 Documents: SMALL CELL ROW AGREEMENT - ATT NEW CINGULAR WIRELESS - FINAL.PDF 7. Written Comment 7.I. Public Comment From April 19, 2021 Meeting Documents: COMMON COUNCIL COMMENTS 4-2021.PDF 8. Amended Legislation 8.I. Amended Local Law C (Amended 4.5.2021) Documents: LOCAL LAW C OF 2021 TEAR GAS BAN (AA 04052021).PDF AGENDA FOR THE REGULAR MEETING OF THE ALBANY COMMON COUNCIL Monday, April 19, 2021 The Common Council meets the first and third Monday of each month at 7:00 p.m. (note: when Monday falls on a legal holiday or day of special observance, the Council meeting is ordinarily moved to the following Thursday). This meeting will be held following Governor Cuomo’s Executive Order 202.1. If executive order 202.1 expires before the meeting, this will be an in-person meeting in City Hall, please check our website and Facebook for updates. It will be live-streamed on Facebook using Zoom as the meeting platform. If we experience any technical difficulties on Facebook, the video will be streamed to YouTube. For more information on how to be heard please visit our website. ORDER OF BUSINESS: Roll Call Welcome Pledge of Allegiance Moment of Silence Public Hearings 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 Additional Public Comment (30 minutes) Miscellaneous or Unfinished Business Adjournment The Common Council of the City of Albany is using the Zoom© platform to provide the public access to participate in committee meetings, caucuses, and common council meetings. The Common Council, its agents, nor any of its staff are responsible for the performance of Zoom© or your ability to access the content. Please make sure you visit Zoom’s support to confirm that you have the appropriate system requirements at https://support.zoom.us/hc/en-us/articles/201 LOCAL LAWS INTRODUCED K OF 2021 A LOCAL LAW AMENDING ARTICLE I (PUBLIC GROUNDS DESIGNATED AS PARKS; GOVERNMENT AND CARE OF PARKS AND PARKWAYS) OF CHAPTER 251 (PARKS AND RECREATION) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO ALIENATION OF CERTAIN PARKLAND WITHIN LINCOLN PARK, DISCONTINUANCE OF A RIGHT OF WAY, AND DEDICATION OF REPLACEMENT PARKLAND LOCAL LAWS HELD 1. Conti LOCAL LAW F - 2019 A LOCAL LAW REPEALING CHAPTER 54 (FINANCIAL DISCLOSURE) OF THE CODE OF THE CITY OF ALBANY AND ENACTING A NEW CHAPTER 54 ENTITLED “ETHICS LAW OF THE CITY OF ALBANY” IN RELATION TO ETHICS AND FINANCIAL DISCLOSURE *Referred to Council Operations and Ethics 2. Conti LOCAL LAW A - 2021 A LOCAL LAW AMENDING SECTION 202 (CONTINUOUS TERMS) OF ARTICLE 2 (ELECTIVE OFFICERS) OF THE CHARTER OF THE CITY OF ALBANY TO PROVIDE FOR NONPARTISAN ELECTIONS *Referred to Council Operations and Ethics 3. Doesschate, Conti, Farrell, Frederick, and Hoey LOCAL LAW C – 2021 As Amended A LOCAL LAW AMENDING ARTICLE VIIB (ALBANY POLICE DEPARTMENT INTERACTIONS) OF PART 1 (DEPARTMENT OF POLICE) OF CHAPTER 42 (DEPARTMENTS AND COMMISSIONS) OF PART I (ADMINISTRATIVE LEGISLATION) OF THE ALBANY CITY CODE WITH REGARD TO THE USE OF CHEMICAL WEAPONS AND KINETIC ENERGY MUNITIONS ON CIVILIAN POPULATIONS 4. Anane LOCAL LAW D - 2021 A LOCAL LAW AMENDING THE CHARTER OF THE CITY OF ALBANY TO PROVIDE FOR ADDITIONAL PAID SICK LEAVE * Referred to Finances, Assessment, & Taxation Committee 5. Balarin LOCAL LAW F-2021 LOCAL LAW AMENDING PART 2 (COURTS AND LEGAL PROCEDURES) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO EVICTION PROCEEDINGS * Referred to Law, Buildings, and Code Enforcement Committee* 6. Conti LOCAL LAW G -2021 LOCAL LAW AMENDING ARTICLE IX (BUILDING CONSTRUCTION & REGULATION) OF PART 2 (BUILDING CONSTRUCTION) OF CHAPTER 133 (BUILDING CONSTRUCTION) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO THE POWER OF THE CHIEF BUILDING OFFICIAL TO ACT IN EMERGENCIES * Referred to Law, Buildings, and Code Enforcement Committee* 7. Anane LOCAL LAW H-2021 LOCAL LAW AMENDING CHAPTER 133A (BUILDING CONSTRUCTION AND HOUSING: SPECIAL PROVISIONS) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO ISSUANCE OF NOTICES OF VIOLATIONS, PENALTIES, AND ENFORCEMENT OF STOP WORK AND UNSAFE AND UNFIT ORDERS UNDER THE NEW YORK STATE UNIFORM FIRE PREVENTION & BUILDING CODE AND ALBANY CITY CODE * Referred to Law, Buildings, and Code Enforcement Committee* 8. Fahey LOCAL LAW I -2021 LOCAL LAW REPEALING PARTS 4 (RESIDENTIAL OCCUPANCY PERMIT) AND 5 (RENTAL DWELLING REGISTRY) OF CHAPTER 231 (HOUSING) OF THE CODE OF THE CITY OF ALBANY AND ENACTING A NEW PART 4 OF SUCH CHAPTER ENTITLED “RENTAL OCCUPANCY PERMIT AND RENTAL DWELLING RESIDENCY” IN RELATION TO THE CITY’S RESIDENTIAL OCCUPANCY PERMIT AND RENTAL DWELLING REGISTRY PROGRAMS * Referred to Law, Buildings, and Code Enforcement Committee* 9. O’Brien LOCAL LAW J -2021 LOCAL LAW AMENDING CHAPTER 371 (WATER AND WATERWAYS) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO INSTALLATION AND REPAIR OF SERVICE LINES AND REPLACEMENT OF LEAD SERVICE LINES ORDINANCES INTRODUCED ORDINANCES HELD 1. Anane Ordinance Number 34.101.18 AN ORDINANCE AMENDING CHAPTER 359 (VEHICLES AND TRAFFIC OF THE CODE OF THE CITY OF ALBANY” IN RELATION TO SPECIAL EVENT PARKING *Referred to Law, Buildings and Code Enforcement 2. Conti & Anane Ordinance Number 2.12.19 AN ORDINANCE AMENDING ARTICLE II (TRAFFIC REGULATIONS) OF CHAPTER 359 (VEHICLE AND TRAFFIC) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO MARKINGS FOR FIRE HYDRANTS *Referred to Law, Buildings and Code Enforcement 3. Flynn Ordinance Number 12.62.19 AN ORDINANCE AMENDING ARTICLE III (TOW-TRUCK OWNERS AND OPERATORS) OF CHAPTER 353 (VEHICLES FOR HIRE) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO THE MAXIMUM TOWING CHARGE PERMITTED *Referred to Law, Buildings and Code Enforcement 4. Fahey Ordinance Number 16.81.19 (MC) AN ORDINANCE AMENDING CHAPTER 375-3 (USE REGULATIONS) OF THE CODE OF THE CITY OF ALBANY (UNIFIED SUSTAINABLE DEVELOPMENT ORDINANCE) IN ORDER TO CLARIFY THE APPROVAL PROCESS FOR TELECOMMUNICATIONS INSTALLATIONS *Referred to Planning, Economic Development and Land Use 5. Fahey Ordinance Number 1.21.20 AN ORDINANCE REPEALING CHAPTER 303 (SIDEWALK AND OUTDOOR CAFES) OF THE CODE OF THE CITY OF ALBANY *Referred to Planning, Economic Development and Land Use 6. Kimbrough Ordinance Number 11.61.20 AN ORDINANCE AMENDING CHAPTER 375 (CITY OF ALBANY UNIFIED SUSTAINABLE DEVELOPMENT ORDINANCE OF THE CODE OF THE CITY OF ALBANY IN RELATION TO PARKING LOTS IN MU-CU ZONE DISTRICTS *Referred to Planning, Economic Development and Land Use 7. Anane Ordinance Number 13.72.20 AN ORDINANCE AMENDING CHAPTER 345 (TREES AND VEGETATION) OF PART II OF THE CODE OF THE CITY OF ALBANY REGARDING PLANTING TREES IN THE CITY OF ALBANY *Referred to General Service, Health and Environment 8. Frederick Ordinance Number 15.81.20 AN ORDINANCE AMENDING PART II OF THE CODE OF THE CITY OF ALBANY (GENERAL LEGISLATION) BY ENACTING A NEW CHAPTER 325 TITLED SURVEILLANCE TECHNOLOGY *Referred to Public Safety 9. Conti Ordinance Number 43.112.20 (MC) AN ORDINANCE AMENDNING ARTICLE XLVI (GENERAL PROVISIONS) OF PART 35 (BOARD OF ZONING APPEALS) OF CHAPTER 42 (DEPARTMENTS AND COMMISSIONS) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO CONFORMING THE SIZE OF THE SIZE OF THE BOARD OF ZONING APPEALS WITH THE NYS GENERAL CITY LAW) *Referred to Planning, Economic Development and Land Use 10. O’Brien Ordinance Number 3.12.21 AN ORDINANCE AMENDING CHAPTER 375 (UNIFIED SUSTAINABLE DEVELOPMENT ORDINANCE) OF THE CODE OF THE CITY OF ALBANY CLARIFYING VEGETATIVE COVERAGE IN RELATION TO NON-APPLICABILITY TO GREEN ROOFS *Referred to Planning, Economic Development and Land Use 11. Planning Ordinance Number 5.32.21 AN ORDINANCE AMENDING ARTICLE I (GENERAL PROVISIONS) OF CHAPTER 375 (USDO) OF PART II OF THE CODE OF THE CITY OF ALBANY IN RELATION TO NECESSARY AMENDMENTS *Referred to Planning, Economic Development and Land-use Committee* 12. Planning Ordinance Number 6.31.21 AN ORDINANCE AMENDING ARTICLE II (ZONING DISTRICTS) OF CHAPTER 375 (USDO) OF PART II OF THE CODE OF THE CITY OF ALBANY IN RELATION TO NECESSARY AMENDMENTS *Referred to Planning, Economic Development and Land-use Committee* 13. Planning Ordinance Number 7.32.21 AN ORDINANCE AMENDING ARTICLE III (USE REGULATIONS) OF CHAPTER 375 (USDO) OF PART II OF THE CODE OF THE CITY OF ALBANY IN RELATION TO NECESSARY AMENDMENTS *Referred to Planning, Economic Development and Land-use Committee* 14. Planning Ordinance Number 8.32.21 AN ORDINANCE AMENDING ARTICLE IV (DEVELOPMENT STANDARDS) OF CHAPTER 375 (USDO) OF PART II OF THE CODE OF THE CITY OF ALBANY IN RELATION TO NECESSARY AMENDMENTS *Referred to Planning, Economic Development and Land-use Committee* 15. Planning Ordinance Number 9.32.21 AN ORDINANCE AMENDING ARTICLE V (ADMINISTRATION AND ENFORCEMENT) OF CHAPTER 375 (USDO) OF PART II OF THE CODE OF THE CITY OF ALBANY IN RELATION TO NECESSARY AMENDMENTS *Referred to Planning, Economic Development and Land-use Committee* 16. Planning Ordinance Number 10.32.21 AN ORDINANCE AMENDING ARTICLE VI (RULES OF CONSTRUCTION; DEFINITION) AND ARTICLE VII (APPLICATION FEES) OF CHAPTER 375 (USDO) OF PART II OF THE CODE OF THE CITY OF ALBANY IN RELATION TO NECESSARY AMENDMENTS *Referred to Planning, Economic Development and Land-use Committee* 17. Kimbrough Ordinance Number 11.32.21 AN ORDINANCE OF THE COMMON COUNCIL AUTHORIZING THE SALE TO AUMAND RESTORATIONS, LLC OF 948 BROADWAY (Tax Map Parcel Number 65.16-1-32) *Referred to Finance, Assessment, & Taxation Committee* RESOLUTIONS INTRODUCED 36.42.21R A RESOLUTION AUTHORIZING A RIGHT-OF-WAY FRANCHISE AGREEMENT WITH NEW CINGULAR WIRELESS PCS, LLC FOR INSTALLATION OF TELECOMMUNICATIONS EQUIPMENT ON CITY-OWNED RIGHTS-OF-WAY 37.42.21R A RESOLUTION AUTHORIZING A RIGHT-OF-WAY FRANCHISE AGREEMENT WITH CELLCO PARTNERSHIP D/B/A VERIZON WIRELESS FOR INSTALLATION OF TELECOMMUNICATIONS EQUIPMENT ON CITY-OWNED RIGHTS-OF-WAY RESOLUTIONS HELD 1. Anane Resolution Number 46.62.18R (MC) A RESOLUTION OF THE ALBANY COMMON COUNCIL IN SUPPORT OF THE CITY OF ALBANY WAIVING FEES AGAINST THE NEW YORK STATE POOR PEOPLE’S CAMPAIGN *Referred to Public Safety 2. Anane Resolution Number 25.52.19R RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF ALBANY RECOGNIZING THE IMPORTANCE OF WALKABILITY THROUGHOUT THE CITY AND CALLING ON THE ALBANY POLICE DEPARTMENT’S TRAFFIC SAFETY DIVISION TO ADOPT A POLICY ENSURING THAT PEDESTRIAN SIGNALS ARE AUTOMATICALLY INCLUDED WHENEVER TRAFFIC SIGNALS ARE CHANGED, UPGRADED OR INSTALLED” *Referred to Planning, Economic Development and Land Use 3. Love Resolution Number 42.62.19R RESOLUTION OF THE COMMON COUNCIL RECOGNIZING THE NEED FOR A GREATER EMPHASIS ON SENIOR SERVICES THROUGHOUT THE CITY OF ALBANY 4. Anane Resolution Number 7.21.20R RESOLUTION DECLARING A CLIMATE EMERGENCY AND CALLING FOR AN IMMEDIATE EMERGENCY MOBILIZATION TO RESTORE A SAFE CLIMATE *Referred to Planning, Economic Development and Land Use 5. Conti Resolution Number 23.41.20R RESOLUTION OF THE COMMON COUNCIL ENACTING A HOME RULE MESSAGE TO THE NEW YORK STATE LEGISLATURE REQUESTING THE ENACTMENT OF SENATE BILL NO. 7606 AND ASSEMBLY BILL NO. 9114 ENTITLED: “AN ACT TO AMEND THE VEHICLE AND TRAFFIC LAW, IN RELATION TO THE RESIDENTIAL PERMIT PARKING SYSTEM IN THE CITY OF ALBANY; AND TO AMEND CHAPTER 454 OF THE LAWS OF 2010 AMENDING THE VEHILCE AND TRAFFIC LAW RELATING TO AUTHORIZING A PILOT RESIDENTIAL PARKING PERMIT SYSTEM IN THE CITY OF ALBANY, IN RELATION TO MAKING SUCH PROVISIONS PERMANENT 6. Anane Resolution Number 95.102.20R RESOLUTION IN SUPPORT OF THE CITY OF ALBANY MAKING ELECTION DAY A PAID HOLIDAY *Referred to Finance, Assessment and Taxation 7. Kimbrough with the Support of President Ellis Resolution Number 102.111.20R A RESOLUTION HONORING THE LIFE AND LEGACY OF EDWIN H. SPERBER AND NAMING A PORTION OF ERIE BOULEVARD AS “EDWIN H. SPERBER WAY”” *Referred to General Service, Health and Environment 8. Housing and Community Development Resolution Number 20.22.21R (As Amended) RESOLUTION 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 9. Finance Resolution Number 25.31.21R A RESOLUTION OF THE COMMON COUNCIL CONSENTING TO THE ELIMINATION OF ONE FULL TIME POSITION AND THE CREATION OF ANOTHER, WHICH WILL AFFECT A SALARY TOTAL FOR THE 2021 BUDGET (DEPARTMENT OF RECREATION) *Referred to Finance, Assessment, & Taxation Committee 10. Love Resolution Number 32.41.21R A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF ALBANY CALLING ON THE MAYOR OF THE CITY OF ALBANY AND OUR COUNTY, STATE, AND FEDERAL PARTNERS TO IMPLEMENT MORE INCENTIVES FOR AFFORDABLE HOMEOWNERSHIP AND GRANTS FOR HOMEOWNER MAINTENANCE ASSISTANCE 11. Finance Resolution Number 33.41.21R A RESOLUTION OF THE COMMON COUNCIL CONSENTING TO THE ELIMINATION OF TWO FULL TIME POSITIONS AND THE CREATION OF TWO OTHERS, WHICH WILL AFFECT SALARY TOTALS FOR THE 2021 BUDGET (OFFICE OF THE TREASURER) *Referred to Finance, Assessment, & Taxation Committee 12. Finance Resolution Number 34.41.21R A RESOLUTION OF THE COMMON COUNCIL CONSENTING TO THE ELIMINATION OF ONE FULL TIME POSITION AND THE CREATION OF ANOTHER, WHICH WILL AFFECT SALARY TOTALS FOR THE 2021 BUDGET (DEPARMENT OF BUILDINGS AND REGULATORY COMPLIANCE) *Referred to Finance, Assessment & Taxation Committee* AGENDA FOR THE REGULAR MEETING OF THE ALBANY COMMON COUNCIL Monday, April 19, 2021 The Common Council meets the first and third Monday of each month at 7:00 p.m. (note: when Monday falls on a legal holiday or day of special observance, the Council meeting is ordinarily moved to the following Thursday). This meeting will be held following Governor Cuomo’s Executive Order 202.1. If executive order 202.1 expires before the meeting, this will be an in-person meeting in City Hall, please check our website and Facebook for updates. It will be live-streamed on Facebook using Zoom as the meeting platform. If we experience any technical difficulties on Facebook, the video will be streamed to YouTube. For more information on how to be heard please visit our website. ORDER OF BUSINESS: Roll Call Welcome Pledge of Allegiance Moment of Silence Public Hearings 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 Additional Public Comment (30 minutes) Miscellaneous or Unfinished Business Adjournment The Common Council of the City of Albany is using the Zoom© platform to provide the public access to participate in committee meetings, caucuses, and common council meetings. The Common Council, its agents, nor any of its staff are responsible for the performance of Zoom© or your ability to access the content. Please make sure you visit Zoom’s support to confirm that you have the appropriate system requirements at https://support.zoom.us/hc/en-us/articles/201 LOCAL LAWS INTRODUCED K OF 2021 A LOCAL LAW AMENDING ARTICLE I (PUBLIC GROUNDS DESIGNATED AS PARKS; GOVERNMENT AND CARE OF PARKS AND PARKWAYS) OF CHAPTER 251 (PARKS AND RECREATION) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO ALIENATION OF CERTAIN PARKLAND WITHIN LINCOLN PARK, DISCONTINUANCE OF A RIGHT OF WAY, AND DEDICATION OF REPLACEMENT PARKLAND LOCAL LAWS HELD 1. Conti LOCAL LAW F - 2019 A LOCAL LAW REPEALING CHAPTER 54 (FINANCIAL DISCLOSURE) OF THE CODE OF THE CITY OF ALBANY AND ENACTING A NEW CHAPTER 54 ENTITLED “ETHICS LAW OF THE CITY OF ALBANY” IN RELATION TO ETHICS AND FINANCIAL DISCLOSURE *Referred to Council Operations and Ethics 2. Conti LOCAL LAW A - 2021 A LOCAL LAW AMENDING SECTION 202 (CONTINUOUS TERMS) OF ARTICLE 2 (ELECTIVE OFFICERS) OF THE CHARTER OF THE CITY OF ALBANY TO PROVIDE FOR NONPARTISAN ELECTIONS *Referred to Council Operations and Ethics 3. Doesschate, Conti, Farrell, Frederick, and Hoey LOCAL LAW C – 2021 As Amended A LOCAL LAW AMENDING ARTICLE VIIB (ALBANY POLICE DEPARTMENT INTERACTIONS) OF PART 1 (DEPARTMENT OF POLICE) OF CHAPTER 42 (DEPARTMENTS AND COMMISSIONS) OF PART I (ADMINISTRATIVE LEGISLATION) OF THE ALBANY CITY CODE WITH REGARD TO THE USE OF CHEMICAL WEAPONS AND KINETIC ENERGY MUNITIONS ON CIVILIAN POPULATIONS 4. Anane LOCAL LAW D - 2021 A LOCAL LAW AMENDING THE CHARTER OF THE CITY OF ALBANY TO PROVIDE FOR ADDITIONAL PAID SICK LEAVE * Referred to Finances, Assessment, & Taxation Committee 5. Balarin LOCAL LAW F-2021 LOCAL LAW AMENDING PART 2 (COURTS AND LEGAL PROCEDURES) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO EVICTION PROCEEDINGS * Referred to Law, Buildings, and Code Enforcement Committee* 6. Conti LOCAL LAW G -2021 LOCAL LAW AMENDING ARTICLE IX (BUILDING CONSTRUCTION & REGULATION) OF PART 2 (BUILDING CONSTRUCTION) OF CHAPTER 133 (BUILDING CONSTRUCTION) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO THE POWER OF THE CHIEF BUILDING OFFICIAL TO ACT IN EMERGENCIES * Referred to Law, Buildings, and Code Enforcement Committee* 7. Anane LOCAL LAW H-2021 LOCAL LAW AMENDING CHAPTER 133A (BUILDING CONSTRUCTION AND HOUSING: SPECIAL PROVISIONS) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO ISSUANCE OF NOTICES OF VIOLATIONS, PENALTIES, AND ENFORCEMENT OF STOP WORK AND UNSAFE AND UNFIT ORDERS UNDER THE NEW YORK STATE UNIFORM FIRE PREVENTION & BUILDING CODE AND ALBANY CITY CODE * Referred to Law, Buildings, and Code Enforcement Committee* 8. Fahey LOCAL LAW I -2021 LOCAL LAW REPEALING PARTS 4 (RESIDENTIAL OCCUPANCY PERMIT) AND 5 (RENTAL DWELLING REGISTRY) OF CHAPTER 231 (HOUSING) OF THE CODE OF THE CITY OF ALBANY AND ENACTING A NEW PART 4 OF SUCH CHAPTER ENTITLED “RENTAL OCCUPANCY PERMIT AND RENTAL DWELLING RESIDENCY” IN RELATION TO THE CITY’S RESIDENTIAL OCCUPANCY PERMIT AND RENTAL DWELLING REGISTRY PROGRAMS * Referred to Law, Buildings, and Code Enforcement Committee* 9. O’Brien LOCAL LAW J -2021 LOCAL LAW AMENDING CHAPTER 371 (WATER AND WATERWAYS) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO INSTALLATION AND REPAIR OF SERVICE LINES AND REPLACEMENT OF LEAD SERVICE LINES ORDINANCES INTRODUCED ORDINANCES HELD 1. Anane Ordinance Number 34.101.18 AN ORDINANCE AMENDING CHAPTER 359 (VEHICLES AND TRAFFIC OF THE CODE OF THE CITY OF ALBANY” IN RELATION TO SPECIAL EVENT PARKING *Referred to Law, Buildings and Code Enforcement 2. Conti & Anane Ordinance Number 2.12.19 AN ORDINANCE AMENDING ARTICLE II (TRAFFIC REGULATIONS) OF CHAPTER 359 (VEHICLE AND TRAFFIC) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO MARKINGS FOR FIRE HYDRANTS *Referred to Law, Buildings and Code Enforcement 3. Flynn Ordinance Number 12.62.19 AN ORDINANCE AMENDING ARTICLE III (TOW-TRUCK OWNERS AND OPERATORS) OF CHAPTER 353 (VEHICLES FOR HIRE) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO THE MAXIMUM TOWING CHARGE PERMITTED *Referred to Law, Buildings and Code Enforcement 4. Fahey Ordinance Number 16.81.19 (MC) AN ORDINANCE AMENDING CHAPTER 375-3 (USE REGULATIONS) OF THE CODE OF THE CITY OF ALBANY (UNIFIED SUSTAINABLE DEVELOPMENT ORDINANCE) IN ORDER TO CLARIFY THE APPROVAL PROCESS FOR TELECOMMUNICATIONS INSTALLATIONS *Referred to Planning, Economic Development and Land Use 5. Fahey Ordinance Number 1.21.20 AN ORDINANCE REPEALING CHAPTER 303 (SIDEWALK AND OUTDOOR CAFES) OF THE CODE OF THE CITY OF ALBANY *Referred to Planning, Economic Development and Land Use 6. Kimbrough Ordinance Number 11.61.20 AN ORDINANCE AMENDING CHAPTER 375 (CITY OF ALBANY UNIFIED SUSTAINABLE DEVELOPMENT ORDINANCE OF THE CODE OF THE CITY OF ALBANY IN RELATION TO PARKING LOTS IN MU-CU ZONE DISTRICTS *Referred to Planning, Economic Development and Land Use 7. Anane Ordinance Number 13.72.20 AN ORDINANCE AMENDING CHAPTER 345 (TREES AND VEGETATION) OF PART II OF THE CODE OF THE CITY OF ALBANY REGARDING PLANTING TREES IN THE CITY OF ALBANY *Referred to General Service, Health and Environment 8. Frederick Ordinance Number 15.81.20 AN ORDINANCE AMENDING PART II OF THE CODE OF THE CITY OF ALBANY (GENERAL LEGISLATION) BY ENACTING A NEW CHAPTER 325 TITLED SURVEILLANCE TECHNOLOGY *Referred to Public Safety 9. Conti Ordinance Number 43.112.20 (MC) AN ORDINANCE AMENDNING ARTICLE XLVI (GENERAL PROVISIONS) OF PART 35 (BOARD OF ZONING APPEALS) OF CHAPTER 42 (DEPARTMENTS AND COMMISSIONS) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO CONFORMING THE SIZE OF THE SIZE OF THE BOARD OF ZONING APPEALS WITH THE NYS GENERAL CITY LAW) *Referred to Planning, Economic Development and Land Use 10. O’Brien Ordinance Number 3.12.21 AN ORDINANCE AMENDING CHAPTER 375 (UNIFIED SUSTAINABLE DEVELOPMENT ORDINANCE) OF THE CODE OF THE CITY OF ALBANY CLARIFYING VEGETATIVE COVERAGE IN RELATION TO NON-APPLICABILITY TO GREEN ROOFS *Referred to Planning, Economic Development and Land Use 11. Planning Ordinance Number 5.32.21 AN ORDINANCE AMENDING ARTICLE I (GENERAL PROVISIONS) OF CHAPTER 375 (USDO) OF PART II OF THE CODE OF THE CITY OF ALBANY IN RELATION TO NECESSARY AMENDMENTS *Referred to Planning, Economic Development and Land-use Committee* 12. Planning Ordinance Number 6.31.21 AN ORDINANCE AMENDING ARTICLE II (ZONING DISTRICTS) OF CHAPTER 375 (USDO) OF PART II OF THE CODE OF THE CITY OF ALBANY IN RELATION TO NECESSARY AMENDMENTS *Referred to Planning, Economic Development and Land-use Committee* 13. Planning Ordinance Number 7.32.21 AN ORDINANCE AMENDING ARTICLE III (USE REGULATIONS) OF CHAPTER 375 (USDO) OF PART II OF THE CODE OF THE CITY OF ALBANY IN RELATION TO NECESSARY AMENDMENTS *Referred to Planning, Economic Development and Land-use Committee* 14. Planning Ordinance Number 8.32.21 AN ORDINANCE AMENDING ARTICLE IV (DEVELOPMENT STANDARDS) OF CHAPTER 375 (USDO) OF PART II OF THE CODE OF THE CITY OF ALBANY IN RELATION TO NECESSARY AMENDMENTS *Referred to Planning, Economic Development and Land-use Committee* 15. Planning Ordinance Number 9.32.21 AN ORDINANCE AMENDING ARTICLE V (ADMINISTRATION AND ENFORCEMENT) OF CHAPTER 375 (USDO) OF PART II OF THE CODE OF THE CITY OF ALBANY IN RELATION TO NECESSARY AMENDMENTS *Referred to Planning, Economic Development and Land-use Committee* 16. Planning Ordinance Number 10.32.21 AN ORDINANCE AMENDING ARTICLE VI (RULES OF CONSTRUCTION; DEFINITION) AND ARTICLE VII (APPLICATION FEES) OF CHAPTER 375 (USDO) OF PART II OF THE CODE OF THE CITY OF ALBANY IN RELATION TO NECESSARY AMENDMENTS *Referred to Planning, Economic Development and Land-use Committee* 17. Kimbrough Ordinance Number 11.32.21 AN ORDINANCE OF THE COMMON COUNCIL AUTHORIZING THE SALE TO AUMAND RESTORATIONS, LLC OF 948 BROADWAY (Tax Map Parcel Number 65.16-1-32) *Referred to Finance, Assessment, & Taxation Committee* RESOLUTIONS INTRODUCED 37.42.21R A RESOLUTION AUTHORIZING A RIGHT-OF-WAY FRANCHISE AGREEMENT WITH CELLCO PARTNERSHIP D/B/A VERIZON WIRELESS FOR INSTALLATION OF TELECOMMUNICATIONS EQUIPMENT ON CITY-OWNED RIGHTS-OF-WAY 38.42.21R A RESOLUTION AUTHORIZING A RIGHT-OF-WAY FRANCHISE AGREEMENT WITH NEW CINGULAR WIRELESS PCS, LLC FOR INSTALLATION OF TELECOMMUNICATIONS EQUIPMENT ON CITY-OWNED RIGHTS-OF-WAY RESOLUTIONS HELD 1. Anane Resolution Number 46.62.18R (MC) A RESOLUTION OF THE ALBANY COMMON COUNCIL IN SUPPORT OF THE CITY OF ALBANY WAIVING FEES AGAINST THE NEW YORK STATE POOR PEOPLE’S CAMPAIGN *Referred to Public Safety 2. Anane Resolution Number 25.52.19R RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF ALBANY RECOGNIZING THE IMPORTANCE OF WALKABILITY THROUGHOUT THE CITY AND CALLING ON THE ALBANY POLICE DEPARTMENT’S TRAFFIC SAFETY DIVISION TO ADOPT A POLICY ENSURING THAT PEDESTRIAN SIGNALS ARE AUTOMATICALLY INCLUDED WHENEVER TRAFFIC SIGNALS ARE CHANGED, UPGRADED OR INSTALLED” *Referred to Planning, Economic Development and Land Use 3. Love Resolution Number 42.62.19R RESOLUTION OF THE COMMON COUNCIL RECOGNIZING THE NEED FOR A GREATER EMPHASIS ON SENIOR SERVICES THROUGHOUT THE CITY OF ALBANY 4. Anane Resolution Number 7.21.20R RESOLUTION DECLARING A CLIMATE EMERGENCY AND CALLING FOR AN IMMEDIATE EMERGENCY MOBILIZATION TO RESTORE A SAFE CLIMATE *Referred to Planning, Economic Development and Land Use 5. Conti Resolution Number 23.41.20R RESOLUTION OF THE COMMON COUNCIL ENACTING A HOME RULE MESSAGE TO THE NEW YORK STATE LEGISLATURE REQUESTING THE ENACTMENT OF SENATE BILL NO. 7606 AND ASSEMBLY BILL NO. 9114 ENTITLED: “AN ACT TO AMEND THE VEHICLE AND TRAFFIC LAW, IN RELATION TO THE RESIDENTIAL PERMIT PARKING SYSTEM IN THE CITY OF ALBANY; AND TO AMEND CHAPTER 454 OF THE LAWS OF 2010 AMENDING THE VEHILCE AND TRAFFIC LAW RELATING TO AUTHORIZING A PILOT RESIDENTIAL PARKING PERMIT SYSTEM IN THE CITY OF ALBANY, IN RELATION TO MAKING SUCH PROVISIONS PERMANENT 6. Anane Resolution Number 95.102.20R RESOLUTION IN SUPPORT OF THE CITY OF ALBANY MAKING ELECTION DAY A PAID HOLIDAY *Referred to Finance, Assessment and Taxation 7. Kimbrough with the Support of President Ellis Resolution Number 102.111.20R A RESOLUTION HONORING THE LIFE AND LEGACY OF EDWIN H. SPERBER AND NAMING A PORTION OF ERIE BOULEVARD AS “EDWIN H. SPERBER WAY”” *Referred to General Service, Health and Environment 8. Housing and Community Development Resolution Number 20.22.21R (As Amended) RESOLUTION 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 9. Finance Resolution Number 25.31.21R A RESOLUTION OF THE COMMON COUNCIL CONSENTING TO THE ELIMINATION OF ONE FULL TIME POSITION AND THE CREATION OF ANOTHER, WHICH WILL AFFECT A SALARY TOTAL FOR THE 2021 BUDGET (DEPARTMENT OF RECREATION) *Referred to Finance, Assessment, & Taxation Committee 10. Love Resolution Number 32.41.21R A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF ALBANY CALLING ON THE MAYOR OF THE CITY OF ALBANY AND OUR COUNTY, STATE, AND FEDERAL PARTNERS TO IMPLEMENT MORE INCENTIVES FOR AFFORDABLE HOMEOWNERSHIP AND GRANTS FOR HOMEOWNER MAINTENANCE ASSISTANCE 11. Finance Resolution Number 33.41.21R A RESOLUTION OF THE COMMON COUNCIL CONSENTING TO THE ELIMINATION OF TWO FULL TIME POSITIONS AND THE CREATION OF TWO OTHERS, WHICH WILL AFFECT SALARY TOTALS FOR THE 2021 BUDGET (OFFICE OF THE TREASURER) *Referred to Finance, Assessment, & Taxation Committee 12. Finance Resolution Number 34.41.21R A RESOLUTION OF THE COMMON COUNCIL CONSENTING TO THE ELIMINATION OF ONE FULL TIME POSITION AND THE CREATION OF ANOTHER, WHICH WILL AFFECT SALARY TOTALS FOR THE 2021 BUDGET (DEPARMENT OF BUILDINGS AND REGULATORY COMPLIANCE) *Referred to Finance, Assessment & Taxation Committee* Page 1 of 1 Albany Common Council Active Calendar Meeting of Monday, April 19, 2021 (NOTE: The Active Calendar is meant to indicate items which are anticipated to come up for action at the indicated Common Council meeting. Items on a committee agenda prior to the indicated Council meeting are included subject to committee action and recommendation. New items on the agenda for introduction, but which will not be acted upon on the evening of introduction is not included on the Active Calendar. This Calendar does not preclude the addition of items for action by Majority Consent of the Council. Items added by Majority Consent are those which were not available for the agenda within the required deadline but which cannot wait for the subsequent Council meeting for introduction and/or action.) Section Number Agenda Sponsor Subject Number Local Laws Held (a) Local Law J 9 O’Brien LOCAL LAW AMENDING of 2021 (As CHAPTER 371 (WATER AND Amended WATERWAYS) OF THE CODE 04/01/2021) OF THE CITY OF ALBANY IN RELATION TO INSTALLATION AND REPAIR OF SERVICE LINES AND REPLACEMENT OF LEAD SERVICE LINES Resolutions Held 20.22.21R 8 Housing RESOLUTION DESIGNATING (As Amended) 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 32.41.21R 10 Love A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF ALBANY CALLING ON THE MAYOR OF THE CITY OF ALBANY AND OUR COUNTY, STATE, AND FEDERAL PARTNERS TO IMPLEMENT MORE INCENTIVES FOR AFFORDABLE HOMEOWNERSHIP AND GRANTS FOR HOMEOWNER MAINTENANCE ASSISTANCE (a) Pending discussions at Caucus on April 14, 2021 @ 5:30PM VIA ZOOM (04/09/2021) COMMON COUNCIL OF THE CITY OF ALBANY SUPPORT LEGISLATION APRIL 19, 2021 LOCAL LAW K OF 2021 A LOCAL LAW AMENDING ARTICLE I (PUBLIC GROUNDS DESIGNATED AS PARKS; GOVERNMENT AND CARE OF PARKS AND PARKWAYS) OF CHAPTER 251 (PARKS AND RECREATION) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO ALIENATION OF CERTAIN PARKLAND WITHIN LINCOLN PARK, DISCONTINUANCE OF A RIGHT OF WAY, AND DEDICATION OF REPLACEMENT PARKLAND RESOLUTIONS 37.42.21R A RESOLUTION AUTHORIZING A RIGHT-OF-WAY FRANCHISE AGREEMENT WITH CELLCO PARTNERSHIP D/B/A VERIZON WIRELESS FOR INSTALLATION OF TELECOMMUNICATIONS EQUIPMENT ON CITY-OWNED RIGHTS-OF-WAY 38.42.21R A RESOLUTION AUTHORIZING A RIGHT-OF-WAY FRANCHISE AGREEMENT WITH NEW CINGULAR WIRELESS PCS, LLC FOR INSTALLATION OF TELECOMMUNICATIONS EQUIPMENT ON CITY-OWNED RIGHTS-OF-WAY Council Member __________ introduced the following: LOCAL LAW K of 2021 A LOCAL LAW AMENDING ARTICLE I (PUBLIC GROUNDS DESIGNATED AS PARKS; GOVERNMENT AND CARE OF PARKS AND PARKWAYS) OF CHAPTER 251 (PARKS AND RECREATION) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO ALIENATION OF CERTAIN PARKLAND WITHIN LINCOLN PARK, DISCONTINUANCE OF A RIGHT OF WAY, AND DEDICATION OF REPLACEMENT PARKLAND. Be it enacted by the Common Council of the City of Albany as follows: Section 1. Article I (Public Grounds Designated as Parks; Government and Care of Parks and Parkways) of Chapter 251 (Parks and Recreation) is amended by adding a new section 251- 15, entitled “Lincoln Park – Beaver Creek Clean River Project,” to read as follows: §251-15 Lincoln Park – Beaver Creek Clean River Project (A) Alienation of Land. Pursuant to authorization granted by Chapter 283 of the Laws of 2019 of the State of New York, amending Chapter 450 of the laws of 2018, it is hereby directed that the lands within Lincoln Park in the City of Albany and hereinafter described be and the same hereby are discontinued for park purposes for the provision of underground piping through Lincoln Park in connection with the disinfection and floatables control project, and associated infrastructure, also known as the Beaver Creek Clean River Project (including the screening and disinfection satellite treatment facility). (B) Description of Alienated Land. The lands referred to in §251-15 (A) of this article are located in the City of Albany, County of Albany and State of New York, and are described more fully in Chapter 283 of the Laws of 2019 of the State of New York but this total of ±4.54 acres within Lincoln Park may be generally described as follows: 1) ±3.25 acres of land within Lincoln Park bounded on the east by Dr. Martin Luther King, Jr. Boulevard, on the west by Delaware Avenue, on the north by Park Avenue and on the south by the Thomas O’Brien Academy of Science and Technology (Parcel 1); and 2) ±1.29 acres of land situated within that part of Lincoln Park generally east of Dr. Martin Luther King, Jr. Boulevard for underground piping to connect Parcel 1 to underground piping located at the north side of Morton Avenue at its intersection with South Swan Street. (C) Description of Replacement Dedicated Parkland. Pursuant to authorization granted by Chapter 283 of the Laws of 2019 of the State of New York, amending Chapter 450 of the laws of 2018, the following described lands are hereby designated and dedicated as parklands within the City of Albany for public park and recreational purposes and incorporated into Lincoln Park: ±0.36 acres of land currently consisting of road right-of- way to be replaced with greenspace to enhance adjacent greenspace in the Park, with the following legal description: beginning at a point on the easterly highway boundary of South Swan Street at its intersection with the southerly boundary of the Park Avenue R.O.W. through Lincoln Park; thence north 36°43'44" east along said South Swan Street boundary, a distance of 83.65 feet to a point on the northerly boundary of the Park Avenue R.O.W. through Lincoln Park; thence north 73°26'19" east along said northerly boundary of the park avenue R.O.W., a distance of 232.31 feet to a point on the southerly boundary of Myrtle Avenue; thence south 52°56'42" east along said Myrtle Avenue, a distance of 124.83 feet to a point on the said southerly boundary of the Park Avenue R.O.W.; thence along the said southerly boundary of the Park Avenue R.O.W. the following three (3) courses and distances: 1. north 76°21'52" west, a distance of 65.48 feet to a point; thence 2. along a curve to the left having a length of 78.66 feet, a radius of 165.46 feet and a chord of south 86°27'41" west, 77.92 feet to a point; and 3. south 73°26'19" west, a distance of 240.90 feet to the point of beginning, containing 0.36 acres of land more or less. The Mayor is hereby authorized to execute a deed to effectuate the dedication of this land for park purposes. (D) The ±0.36 acres of land referred to in §251-15 (C) of this article is hereby discontinued as road right-of-way. Section 2. This local law shall take effect upon final passage, public hearing and filing with the Secretary of State. APPROVED AS TO FORM THIS 1ST DAY OF APRIL, 2021 _____________________________ Corporation Counsel To: Danielle Gillespie, City Clerk From: Brett Williams, Senior Assistant Corporation Counsel Re: Request for Common Council Legislation Supporting Memorandum Date: April 1, 2021 Sponsor: To be determined LOCAL LAW K of 2021 TITLE A LOCAL LAW AMENDING ARTICLE I (PUBLIC GROUNDS DESIGNATED AS PARKS; GOVERNMENT AND CARE OF PARKS AND PARKWAYS) OF CHAPTER 251 (PARKS AND RECREATION) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO ALIENATION OF CERTAIN PARKLAND WITHIN LINCOLN PARK, DISCONTINUANCE OF A RIGHT OF WAY, AND DEDICATION OF REPLACEMENT PARKLAND. GENERAL PURPOSE OF THE LEGISLATION In order to begin the Beaver Creek Clean River Project, certain portions of Lincoln Park need to be alienated and declared to no longer be parkland. Similarly, a particularly right-of-way in the vicinity of the Park and the Beaver Creek Project needs to be discontinued. This legislation accomplishes these requirements so that the Beaver Creek Clean River Project can move forward, while replacing alienated land or the fair market value thereof, with portions of the discontinued right-of-way as well as other improvements that will be carried out at Lincoln Park. The State of New York required such an offset before it would approve the alienation of the parkland in question. NECESSITY FOR LEGISLATION AND ANY CHANGE TO EXISTING LAW The New York State Legislature must, under common law, approve the alienation of any parkland that is held in public trust, which it did relevant to the present matter in Chapter 283 of the Laws of 2019 (included herewith). The National Park service has also approved this alienation The current boundaries and composition of Lincoln Park are enshrined in the City Code. Thus, in addition to approvals from the State Legislature and National Park Service, the Common Council also approve this alienation by amending the Code to reflect the new boundaries of the Park as codified in Article I of Chapter 251 of the Code. This legislation accomplishes that requirement. FISCAL IMPACT None. Council Member _______ introduced the following: RESOLUTION 37.42.21R A RESOLUTION AUTHORIZING A RIGHT-OF-WAY FRANCHISE AGREEMENT WITH CELLCO PARTNERSHIP D/B/A VERIZON WIRELESS FOR INSTALLATION OF TELECOMMUNICATIONS EQUIPMENT ON CITY-OWNED RIGHTS-OF-WAY WHEREAS, Cellco Partnership d/b/a/ Verizon Wireless seeks to deploy small cell wireless facilities within rights-of-way owned by the City of Albany; and WHEREAS, federal law provides that the regulation of the placement, construction, and modification of personal wireless service facilities by any local government or instrumentality thereof shall not unreasonably discriminate among providers of functionally equivalent services, and shall not prohibit or have the effect of prohibiting the provision of personal wireless services; and; WHEREAS, under federal law, a local government or instrumentality thereof shall act on any request for authorization to place, construct, or modify personal wireless service facilities within a reasonable period of time after the request is duly filed with such government or instrumentality, taking into account the nature and scope of such request; and WHEREAS, the City of Albany is authorized under section 82-4 of the Albany City Code and section 20 of the New York General City Law to grant and renew non-exclusive franchises for the installation, operation, and maintenance of telecommunications infrastructure on, beneath, above, and within public rights-of-way within the City; and WHEREAS, it is the practice of the City of Albany to permit such use of pubic rights-of- way for the provision of telecommunications service providers, subject to the duty of and authority for the City to manage its streets, public property, and rights-of-way for public use, and to require fair and reasonable compensation for the use thereof in a manner consistent with applicable law; and WHEREAS, Cellco Partnership d/b/a Verizon Wireless is licensed by the Federal Communications Commission to operate throughout the State of New York to provide telecommunications services WHEREAS, Cellco Partnership d/b/a Verizon Wireless desires to obtain from the City a non-exclusive license to access, use, and occupy public rights-of-way within the City for the purpose of constructing, installing, maintaining repairing, operating, replacing, and removing equipment and facilities related to the placement of small cell wireless facilities in a manner consistent with law; and WHEREAS, state and local law require approval by the Common Council of franchise agreements regarding proposed installation and use of telecommunications in City of rights-of- way; NOW, THEREFORE, BE IT RESOLVED, that the Common Council of the City of Albany hereby authorizes the Mayor of the City of Albany to enter into a Small Wireless Facilities Rights-of-Way Access Agreement with Cellco Partnership d/b/a Verizon Wireless its successors and assigns, granting Cellco Partnership d/b/a Verizon Wireless a franchise to construct, install, operate and maintain telecommunications equipment in the City of Albany. To: Danielle Gillespie, City Clerk From Brett Williams, Senior Assistant Corporation Counsel Re: Request for Common Council Legislation Supporting Memorandum Date: April 2, 2021 Sponsor(s): To be determined RESOLUTION NUMBER 37.42.21R TITLE A RESOLUTION AUTHORIZING A RIGHT-OF-WAY FRANCHISE AGREEMENT WITH CELLCO PARTNERSHIP D/B/A VERIZON WIRELESS FOR INSTALLATION OF TELECOMMUNICATIONS EQUIPMENT ON CITY-OWNED RIGHTS-OF-WAY GENERAL PURPOSE OF THE LEGISLATION Telecommunications companies sometimes seek to install telecommunications equipment in municipally owned and maintained rights-of-way. At least one such company already has an agreement to do so in the City of Albany. Cellco Partnership d/b/a Verizon Wireless now wishes to install small cell wireless equipment in or on City-owned rights-of-way. These installations will expand access to 5G and otherwise improve the existing cellular and telecommunications infrastructure in the City of Albany. This resolution authorizes the Mayor to enter into a “Small Wireless Facilities Rights-of-Way Access Agreement” on the City’s behalf with Cellco Partnership d/b/a Verizon Wireless. The proposed agreement is included herewith. NECESSITY FOR LEGISLATION AND ANY CHANGE TO EXISTING LAW Pursuant to state law and City code, the Common Council must authorize the use of City rights- of-way for franchises. FISCAL IMPACT The City may charge fees established by federal regulation and laid out more fully in Section VIII, “Fees and Charges” of the annexed agreement. Council Member _______ introduced the following: RESOLUTION 38.42.21R A RESOLUTION AUTHORIZING A RIGHT-OF-WAY FRANCHISE AGREEMENT WITH NEW CINGULAR WIRELESS PCS, LLC FOR INSTALLATION OF TELECOMMUNICATIONS EQUIPMENT ON CITY-OWNED RIGHTS-OF-WAY WHEREAS, New Cingular Wireless PCS, LLC seeks to deploy small cell wireless facilities within rights-of-way owned by the City of Albany; and WHEREAS, federal law provides that the regulation of the placement, construction, and modification of personal wireless service facilities by any local government or instrumentality thereof shall not unreasonably discriminate among providers of functionally equivalent services, and shall not prohibit or have the effect of prohibiting the provision of personal wireless services; and; WHEREAS, under federal law, a local government or instrumentality thereof shall act on any request for authorization to place, construct, or modify personal wireless service facilities within a reasonable period of time after the request is duly filed with such government or instrumentality, taking into account the nature and scope of such request; and WHEREAS, the City of Albany is authorized under section 82-4 of the Albany City Code and section 20 of the New York General City Law to grant and renew non-exclusive franchises for the installation, operation, and maintenance of telecommunications infrastructure on, beneath, above, and within public rights-of-way within the City; and WHEREAS, it is the practice of the City of Albany to permit such use of pubic rights-of- way for the provision of telecommunications service providers, subject to the duty of and authority for the City to manage its streets, public property, and rights-of-way for public use, and to require fair and reasonable compensation for the use thereof in a manner consistent with applicable law; and WHEREAS, New Cingular Wireless PCS, LLC is licensed by the Federal Communications Commission to operate throughout the State of New York to provide telecommunications services WHEREAS, New Cingular Wireless PCS, LLC desires to obtain from the City a non- exclusive license to access, use, and occupy public rights-of-way within the City for the purpose of constructing, installing, maintaining repairing, operating, replacing, and removing equipment and facilities related to the placement of small cell wireless facilities in a manner consistent with law; and WHEREAS, state and local law require approval by the Common Council of franchise agreements regarding proposed installation and use of telecommunications in City of rights-of- way; NOW, THEREFORE, BE IT RESOLVED, that the Common Council of the City of Albany hereby authorizes the Mayor of the City of Albany to enter into a Small Wireless Facilities Rights-of-Way Access Agreement with New Cingular Wireless PCS, LLC, its successors and assigns, granting New Cingular Wireless PCS, LLC a franchise to construct, install, operate and maintain telecommunications equipment in the City of Albany. To: Danielle Gillespie, City Clerk From Brett Williams, Senior Assistant Corporation Counsel Re: Request for Common Council Legislation Supporting Memorandum Date: April 2, 2021 Sponsor(s): To be determined RESOLUTION NUMBER 38.42.21R TITLE A RESOLUTION AUTHORIZING A RIGHT-OF-WAY FRANCHISE AGREEMENT WITH NEW CINGULAR WIRELESS PCS, LLC FOR INSTALLATION OF TELECOMMUNICATIONS EQUIPMENT ON CITY-OWNED RIGHTS-OF-WAY GENERAL PURPOSE OF THE LEGISLATION Telecommunications companies sometimes seek to install telecommunications equipment in municipally owned and maintained rights-of-way. At least one such company already has an agreement to do so in the City of Albany. New Cingular Wireless PCS, LLC an entity associated with AT&T now wishes to install small cell wireless equipment in or on City-owned rights-of-way. These installations will expand access to 5G and otherwise improve the existing cellular and telecommunications infrastructure in the City of Albany. This resolution authorizes the Mayor to enter into a “Small Wireless Facilities Rights-of-Way Access Agreement” on the City’s behalf with New Cingular Wireless PCS, LLC. The proposed agreement is included herewith. NECESSITY FOR LEGISLATION AND ANY CHANGE TO EXISTING LAW Pursuant to state law and City code, the Common Council must authorize the use of City rights- of-way for franchises. FISCAL IMPACT The City may charge fees established by federal regulation and laid out more fully in Section VIII, “Fees and Charges” of the annexed agreement. MINUTES OF A REGULAR MEETING MONDAY, April 19, 2021 The Common Council was convened at 7:00 p.m. and was called to order by President Ellis. This meeting was held following Governor Cuomo’s executive order 202.1 and it live-streamed on Facebook using Zoom as the meeting platform. If we experience any technical difficulties on Facebook, the video will be streamed to YouTube. The roll being called, the following answered to their names: Anane, Balarin, Conti, Doesschate, Fahey, Farrell, Flynn, Frederick, Hoey, Igoe, Kimbrough, Love, O’Brien, and Robinson Also present was the following staff: Danielle Gillespie, John-Raphael Pichardo, and Brett Williams Council President Ellis led the Pledge of Allegiance. PUBLIC COMMENT PERIOD 1. Marco Flagg, (Local Law C-2021) 2. Karen Strong, 162 Chestnut St., Albany, NY (Local Law C-2021) 3. Ivy Morris, 22 Wilbur St., Albany, NY (Local Law C-2021) 4. Abby Harris, 204 Lancaster St, Albany, NY (Local Law C-2021) 5. Anita Thayer, 196 Mt. Hope Dr., Albany, NY (Local Law C-2021) 6. Karen Carmelli, 52 Morris St, Albany, NY (Local Law C-2021) 7. Galen Heins, 24 Rondack Rd (Local Law C-2021) 8. Megan Ovitt, 382 Broadway, Albany, NY (Local Law C-2021) 9. Matthew Todd Bush, 158 Winthrop Ave, Albany, NY (Local Law C-2021) 10. Derek Healey, 412 Broadway, Albany, NY (Local Law C-2021) 11. Gabriella Romera, 490 Madison Ave., Albany, NY (Local Law C-2021) 12. Lauren Manning, 220 Green St., Albany, NY (Local Law C-2021) 13. Claire Muro (Local Law C-2021) President Pro Tempore Kimbrough made a motion to extend public comment period for an additional 30 minutes, which was approved by unanimous voice consent. 1 14. Dan Asylum, Elm St, Albany, NY (Local Law C-2021) 15. Dora Fisher, 91 Dove St, Albany, NY (Local Law C-2021) 16. Bhawin Suchak, 17 Wilbur St, Albany, NY (Local LawC-2021) 17. Nesta Littlejohn, 7 Elm St, Albany, NY (Local Law C-2021) 18. Chel Miller, 28 Essex St, Albany, NY (Publicly listed addresses from Public Comment/Local Law C-2021) 19. Miriam J. Tell, Delaware Avenue, Albany, NY (Publicly listed addresses from Public Comment/Local Law C-2021) 20. Jasmine Vanterpool, Quincy St, Albany County, NY (Local Law C-2021) 21. Rasheeda Pierre Leggard, (Local Law C-2021) 22. Katherine Mules Mules, 335 S. Main Ave, Albany, NY (Local Law C-2021) 23. Betsy Mercogliano, 3 Wilbur St, Albany, NY (Community Engagement & Communication about Lincoln Pk) After the time period for public comment expired, the President declared the Public Comment Period closed. Approval of Minutes President Pro Tem Kimbrough made a motion to approve the minutes of April 5, 2021 meeting of the Council, which was duly seconded by Anane, and APPROVED by unanimous voice vote. REPORTS OF STANDING COMMITTEES: Housing and Community Development: Chair Doesschate discussed that the committee met on April 7, 2021 regarding two matters. The first matter was holding a public hearing on the proposed awards for Year 47 for Community Development Block Grant funding. There were no appeals to the recommendations made by Community Development Agency. The second matter the Committee discussed was Resolution 20.22.21R, which was voted out of committee with a positive recommendation and will be acted on tonight. The Committee also discussed Resolution 32.41.21R by Council Member Love encouraging city officials to find more funding for affordable housing/homeownership and for home improvement/maintenance assistance for individuals in need. Chair Doesschate stated that the Committee heard from a variety of experts from various programs including Faye Andrews regarding programs that the City offers and heard from Chiquita D’Arbeau with Albany Housing Authority on their homeownership program. The committee also heard from Adam Zaranko from the Albany County Land Bank on the importance of assistance to homeowners earlier in the process before it gets to the point that the property becomes deteriorated and vacant and leads to being on the rolls of the Albany County Land Bank or being demolished. 2 The Chair encouraged these programs to cross reference each other’s programs so homeowner’s know what resources are available to them. Chair Doesschate stated that Ms. Andrews will be hiring a new Deputy that would be tasked with finding additional funding that would help with this effort. She discussed the possibility of using some of the funding from the RESCUE Act to also assist with tackling these issues. CONSIDERATION OF LOCAL LAWS: Council Member Flynn noticed the introduction of Local Law K of 2021, which was held for further consideration: LOCAL LAW K of 2021 A LOCAL LAW AMENDING ARTICLE I (PUBLIC GROUNDS DESIGNATED AS PARKS; GOVERNMENT AND CARE OF PARKS AND PARKWAYS) OF CHAPTER 251 (PARKS AND RECREATION) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO ALIENATION OF CERTAIN PARKLAND WITHIN LINCOLN PARK, DISCONTINUANCE OF A RIGHT OF WAY, AND DEDICATION OF REPLACEMENT PARKLAND. Be it enacted by the Common Council of the City of Albany as follows: Section 1. Article I (Public Grounds Designated as Parks; Government and Care of Parks and Parkways) of Chapter 251 (Parks and Recreation) is amended by adding a new section 251-15, entitled “Lincoln Park – Beaver Creek Clean River Project,” to read as follows: §251-15 Lincoln Park – Beaver Creek Clean River Project (A) Alienation of Land. Pursuant to authorization granted by Chapter 283 of the Laws of 2019 of the State of New York, amending Chapter 450 of the laws of 2018, it is hereby directed that the lands within Lincoln Park in the City of Albany and hereinafter described be and the same hereby are discontinued for park purposes for the provision of underground piping through Lincoln Park in connection with the disinfection and floatables control project, and associated infrastructure, also known as the Beaver Creek Clean River Project (including the screening and disinfection satellite treatment facility). (B) Description of Alienated Land. The lands referred to in §251-15 (A) of this article are located in the City of Albany, County of Albany and State of New York, and are described more fully in Chapter 283 of the Laws of 2019 of the State of New York but this total of ±4.54 acres within Lincoln Park may be generally described as follows: 1) ±3.25 acres of land within Lincoln Park bounded on the east by Dr. Martin Luther King, Jr. Boulevard, on the west by Delaware Avenue, on the north by Park Avenue and on the south by the Thomas O’Brien Academy of Science and Technology (Parcel 1); and 2) ±1.29 acres of land situated within that part of Lincoln Park generally east of Dr. Martin Luther King, Jr. Boulevard for underground piping to connect Parcel 1 to underground piping located at the north side of Morton Avenue at its intersection with South Swan Street. (C) Description of Replacement Dedicated Parkland. Pursuant to authorization granted by Chapter 283 of the Laws of 2019 of the State of New York, amending Chapter 450 of the laws of 2018, the 3 following described lands are hereby designated and dedicated as parklands within the City of Albany for public park and recreational purposes and incorporated into Lincoln Park: ±0.36 acres of land currently consisting of road right-of-way to be replaced with greenspace to enhance adjacent greenspace in the Park, with the following legal description: beginning at a point on the easterly highway boundary of South Swan Street at its intersection with the southerly boundary of the Park Avenue R.O.W. through Lincoln Park; thence north 36°43'44" east along said South Swan Street boundary, a distance of 83.65 feet to a point on the northerly boundary of the Park Avenue R.O.W. through Lincoln Park; thence north 73°26'19" east along said northerly boundary of the park avenue R.O.W., a distance of 232.31 feet to a point on the southerly boundary of Myrtle Avenue; thence south 52°56'42" east along said Myrtle Avenue, a distance of 124.83 feet to a point on the said southerly boundary of the Park Avenue R.O.W.; thence along the said southerly boundary of the Park Avenue R.O.W. the following three (3) courses and distances: 1. north 76°21'52" west, a distance of 65.48 feet to a point; thence 2. along a curve to the left having a length of 78.66 feet, a radius of 165.46 feet and a chord of south 86°27'41" west, 77.92 feet to a point; and 3. south 73°26'19" west, a distance of 240.90 feet to the point of beginning, containing 0.36 acres of land more or less. The Mayor is hereby authorized to execute a deed to effectuate the dedication of this land for park purposes. (D) The ±0.36 acres of land referred to in §251-15 (C) of this article is hereby discontinued as road right-of-way. Section 2. This local law shall take effect upon final passage, public hearing and filing with the Secretary of State. President Pro Tem Kimbrough referred Local Law K of 2021 to Parks, Recreation and Family Services for further consideration. Council Member O’Brien noticed Local Law J of 2021 (A LOCAL LAW AMENDING CHAPTER 371 (WATER AND WATERWAYS) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO INSTALLATION AND REPAIR OF SERVICE LINES AND REPLACEMENT OF LEAD SERVICE LINES) as follows, asked passage and a roll call vote thereon: There being no further discussion, President Ellis called for a roll call vote thereon and the motion was ADOPTED: The motion passed by the following vote of all Council Members present voting in favor thereof: Affirmative – Anane, Balarin, Conti, Doesschate, Fahey, Farrell, Flynn, Frederick, Hoey, Igoe, Kimbrough, Love, O’Brien, and Robinson Affirmative 14 Negative 0 Abstain 0 President Pro Tem Kimbrough held the remaining Local Laws on the pending agenda. 4 REPORTS OF STANDING COMMITTEES CONTINUED: Planning, Economic Development: Chair Fahey reported that the committee will meet on Tuesday, April 20 at 5:30 p.m. to discuss proposed amendments to the USDO. General Services, Health and Environment: Chair O’Brien stated that the committee would be meeting on Wednesday, April 21, 2021 to consider Resolution 102.111.20R a resolution honoring the life and legacy of Edwin H. Sperber creating “Edwin H. Sperber Way.” Law, Buildings and Code Enforcement: Chair Igoe reported that the committee will be meeting on Monday, April 26, 2021 to consider Local Laws F, G, H, and I. CONSIDERATION OF ORDINANCES President Pro Tem Kimbrough held the remaining Ordinances on the pending agenda. CONSIDERATION OF RESOLUTIONS Council Member Anane noticed the introduction of Resolution as follows, which was held for further consideration: RESOLUTION 37.42.21R A RESOLUTION AUTHORIZING A RIGHT-OF-WAY FRANCHISE AGREEMENT WITH CELLCO PARTNERSHIP D/B/A VERIZON WIRELESS FOR INSTALLATION OF TELECOMMUNICATIONS EQUIPMENT ON CITY-OWNED RIGHTS-OF-WAY WHEREAS, Cellco Partnership d/b/a/ Verizon Wireless seeks to deploy small cell wireless facilities within rights-of-way owned by the City of Albany; and WHEREAS, federal law provides that the regulation of the placement, construction, and modification of personal wireless service facilities by any local government or instrumentality thereof shall not unreasonably discriminate among providers of functionally equivalent services, and shall not prohibit or have the effect of prohibiting the provision of personal wireless services; and; WHEREAS, under federal law, a local government or instrumentality thereof shall act on any request for authorization to place, construct, or modify personal wireless service facilities within a reasonable period of time after the request is duly filed with such government or instrumentality, taking into account the nature and scope of such request; and WHEREAS, the City of Albany is authorized under section 82-4 of the Albany City Code and section 20 of the New York General City Law to grant and renew non-exclusive franchises for the installation, operation, and maintenance of telecommunications infrastructure on, beneath, above, and within public rights-of-way within the City; and 5 WHEREAS, it is the practice of the City of Albany to permit such use of pubic rights-of- way for the provision of telecommunications service providers, subject to the duty of and authority for the City to manage its streets, public property, and rights-of-way for public use, and to require fair and reasonable compensation for the use thereof in a manner consistent with applicable law; and WHEREAS, Cellco Partnership d/b/a Verizon Wireless is licensed by the Federal Communications Commission to operate throughout the State of New York to provide telecommunications services WHEREAS, Cellco Partnership d/b/a Verizon Wireless desires to obtain from the City a non-exclusive license to access, use, and occupy public rights-of-way within the City for the purpose of constructing, installing, maintaining repairing, operating, replacing, and removing equipment and facilities related to the placement of small cell wireless facilities in a manner consistent with law; and WHEREAS, state and local law require approval by the Common Council of franchise agreements regarding proposed installation and use of telecommunications in City of rights-of- way; NOW, THEREFORE, BE IT RESOLVED, that the Common Council of the City of Albany hereby authorizes the Mayor of the City of Albany to enter into a Small Wireless Facilities Rights-of-Way Access Agreement with Cellco Partnership d/b/a Verizon Wireless its successors and assigns, granting Cellco Partnership d/b/a Verizon Wireless a franchise to construct, install, operate and maintain telecommunications equipment in the City of Albany. President Pro Tem Kimbrough referred Resolution 37.42.21R to Planning, Economic Development and Land Use for further consideration Council Member Fahey noticed the introduction of Resolution as follows, which was held for further consideration: RESOLUTION 38.42.21R A RESOLUTION AUTHORIZING A RIGHT-OF-WAY FRANCHISE AGREEMENT WITH NEW CINGULAR WIRELESS PCS, LLC FOR INSTALLATION OF TELECOMMUNICATIONS EQUIPMENT ON CITY-OWNED RIGHTS-OF-WAY WHEREAS, New Cingular Wireless PCS, LLC seeks to deploy small cell wireless facilities within rights-of-way owned by the City of Albany; and WHEREAS, federal law provides that the regulation of the placement, construction, and modification of personal wireless service facilities by any local government or instrumentality thereof shall not unreasonably discriminate among providers of functionally equivalent services, and shall not prohibit or have the effect of prohibiting the provision of personal wireless services; and; 6 WHEREAS, under federal law, a local government or instrumentality thereof shall act on any request for authorization to place, construct, or modify personal wireless service facilities within a reasonable period of time after the request is duly filed with such government or instrumentality, taking into account the nature and scope of such request; and WHEREAS, the City of Albany is authorized under section 82-4 of the Albany City Code and section 20 of the New York General City Law to grant and renew non-exclusive franchises for the installation, operation, and maintenance of telecommunications infrastructure on, beneath, above, and within public rights-of-way within the City; and WHEREAS, it is the practice of the City of Albany to permit such use of pubic rights-of- way for the provision of telecommunications service providers, subject to the duty of and authority for the City to manage its streets, public property, and rights-of-way for public use, and to require fair and reasonable compensation for the use thereof in a manner consistent with applicable law; and WHEREAS, New Cingular Wireless PCS, LLC is licensed by the Federal Communications Commission to operate throughout the State of New York to provide telecommunications services WHEREAS, New Cingular Wireless PCS, LLC desires to obtain from the City a non- exclusive license to access, use, and occupy public rights-of-way within the City for the purpose of constructing, installing, maintaining repairing, operating, replacing, and removing equipment and facilities related to the placement of small cell wireless facilities in a manner consistent with law; and WHEREAS, state and local law require approval by the Common Council of franchise agreements regarding proposed installation and use of telecommunications in City of rights-of- way; NOW, THEREFORE, BE IT RESOLVED, that the Common Council of the City of Albany hereby authorizes the Mayor of the City of Albany to enter into a Small Wireless Facilities Rights-of-Way Access Agreement with New Cingular Wireless PCS, LLC, its successors and assigns, granting New Cingular Wireless PCS, LLC a franchise to construct, install, operate and maintain telecommunications equipment in the City of Albany. President Pro Tem Kimbrough referred Resolution 37.42.21R to Planning, Economic Development and Land Use for further consideration President Pro Tem Kimbrough made a motion to add Resolution 39.42.21R and Resolution 40.42.21R which was seconded, voted on and duly passed. Council Member Farrell noticed the introduction of resolution 39.42.21(MC) as follows, which was introduced and adopted by a voice vote: RESOLUTION NUMBER 39.42.21R (MC) 7 A RESOLUTION THAT SETS A DEADLINE OF JUNE 1, 2021 FOR ALL CITY EMPLOYEES EARN A LIVING WAGE OF AT MINIMUM $15/HOUR WHEREAS, the Common Council has uniformly supported and worked toward all City of Albany employees to receive a living wage; and WHEREAS, in the Mayor’s 2021 Budget Presentation on October 1, 2020, the Mayor stated that her budget would bring all employees to a minimum of $15/hour (see October 1, 2020 Video https://www.facebook.com/AlbanyMayorKathySheehan/videos/395222311479090 at time stamp: 9:20, 14:25, and 16:55; and WHEREAS, the Common Council received a request from the Department of Recreation (see Resolution 25.31.20R) to eliminate a Laborer II position and create a Laborer I position at a salary of $29,702. Based upon calculation, that salary comes out to be $14.28/hour; and WHEREAS, upon further review of the budget, the Council realized that there are 16 Laborer I positions in the Department of General Services, 1 in the Water Department, for a total of 18 positions that are not paid at minimum $15/hour; and WHEREAS, the Common Council believes that the intent of the 2021 budget is to ensure all employees receive a living wage of at minimum of $15/hour; and NOW THEREFORE, BE IT RESOLVED, the Common Council sets the date of June 1, 2021 for all City of Albany employees to be paid a living wage of $15/hr *Council member(s) Farrell, Anane and Conti spoke on the Resolution prior to passage. Resolution 39.42.21(MC) was co-sponsored by Anane, Balarin, Conti, Doesschate, Fahey, Flynn, Frederick, Hoey, Igoe, Kimbrough, Love, O’Brien, and Robinson There being no further discussion, President Ellis called for a voice vote thereon and the Resolution was ADOPTED: Affirmative – Anane, Balarin, Conti, Doesschate, Fahey, Farrell, Flynn, Frederick, Hoey, Igoe, Kimbrough, Love, O’Brien, and Robinson Affirmative 14 Negative 0 Abstain 0 Council Member Robinson noticed the introduction of resolution 40.42.21(MC) as follows, which was introduced and adopted by a voice vote: RESOLUTION NUMBER 40.42.21R (MC) RESOLUTION OF THE COMMON COUNCIL HONORING THE LIFE AND LEGACY OF MINISTER JANIE JACOBS-FRANKLIN AND HER CONTRIBUTIONS TO THE CITY OF ALBANY AND THE FAITH COMMUNITY 8 WHEREAS, On March 12, 2021, the Spirit of the Lord entered the room of Minister Janie Jacobs- Franklin and took her home to be with Him. Janie was born on August 3, 1930, to the late Algue Jacobs and Emma M Davis in Florence, South Carolina; and WHEREAS, Along with her father, sister (best friend) Delilah and their grandmother Janie, they relocated to Albany, New York, where she was educated in the Albany Public School system and attended Albany High. While in high school she was involved in the music ensembles and played basketball as a point guard. She received her high school diploma in 1948. She also acquired her cosmetology license. In 1951 she graduated from the State University of New York where she obtained her degree in Nursing. She was employed by Child's Hospital, the Villa Mary Immaculate, and the Ann Lee Home, where she retired. She was a valued nurse who was great at her craft. The doctors she worked with trusted her insight regarding patient care. In addition, she taught piano to many local youth and young adults in the Capital District; and WHEREAS, As a young lady Janie married, and from that union she had five children. She later went on and met and married the love of her life Deacon Robert Joseph Franklin and from this union they had two children; and WHEREAS, Minister Franklin accepted Christ at an early age. Her family united with the Mt. Zion Baptist Church upon their arrival to Albany, New York. She attended the Union Baptist Church and later the Mt Olive Southern Missionary Baptist Church, under the late Rev. Odell Wesley Surgick. During her time at Mt. Olive, she was a part of the Choursters, the Deaconess Board, the Catherine Surgick Choir, a Sunday school teacher and the organizer and director of the Mount Olive Male Chorus. She loved to sing. Every Sunday, you would hear her soprano voice in the church choir, her high note could be heard throughout the church when they sang "Amen"; and WHEREAS, She also served as the Capital District Community Choir president under the leadership of the late Professor Rudolph V. Stinney. Where she was affectionately known as "Madam President." She later went on to become a founding member of the Star of Bethlehem Baptist Church, where she served in many capacities; and WHEREAS, Her love for the Gospel was always evident. She developed a deep, intimate love for studying the exegesis of the Word of God, living a life of prayer, and fasting. She attended and received numerous certificates from the Bible Institute of Albany in biblical studies. She was also a part of the Willing Workers and the Evangelistical Workers, under the late Rev. Dr. Minnie L. Burns. Under this organization, she was licensed as an Evangelist. She would travel throughout the Capital Region, and the state, training missionaries, evangelists, and others called to ministry. She was a trailblazer for women as she was instrumental in opening doors for many of them to become active in preaching the Word; and WHEREAS, Minister Franklin served as the Associate Minister of the Star Bethlehem Baptist Church after she received her license in ministry. She also implemented the first Vacation Bible School (VBS), Street Ministry, Ministerial training classes and the Nursing Home Ministry. She served as a Sunday teacher and Superintendent of the church; and 9 WHEREAS, Her work was not just for the inside of the church. She also worked as a part of the Police Civilian Review Board until she no longer had the capacity to do so. She believed in accountability and held the Mayor and local leaders of her ward accountable. Everyone knew she was a "straight shooter" who would always tell the truth. Minister Franklin was not only known for her no-nonsense ways but for the motherly, nurturing, and unconditional love she gave to everyone; and WHEREAS, Minister Franklin has poured out and into the lives of so many. She has fought the good fight, finished the race, and kept the faith. NOW, there is in store for her the crown of righteousness which the Lord, the righteous Judge, has awarded unto her (2 Timothy 4:6-8). NOW THEREFORE, BE IT RESOLVED, the City of Albany's Common Council pauses to commend and honor the memory of Minister Janie Jacobs-Franklin and her many contributions to our city; and BE IT FINALLY RESOLVED that the Common Council of the City of Albany sends their condolences to her extended family and that the Clerk of the Common Council is to send an embossed copy of this resolution to her daughter, Dr. Rhonda Ferguson. *Council member(s) Robinson spoke on the Resolution prior to passage. Resolution 40.42.21(MC) was co-sponsored by Anane, Balarin, Conti, Doesschate, Fahey, Flynn, Frederick, Hoey, Igoe, Kimbrough, Love and O’Brien There being no further discussion, President Ellis called for a voice vote thereon and the Resolution was ADOPTED: Affirmative – Anane, Balarin, Conti, Doesschate, Fahey, Farrell, Flynn, Frederick, Hoey, Igoe, Kimbrough, Love, O’Brien, and Robinson Affirmative 14 Negative 0 Abstain 0 Council Member Doesschate noticed Resolution 20.22.21R (MC) (As Amended) (RESOLUTION 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) as follows, asked passage and a roll call vote thereon: Resolution 20.22.21R was co-sponsored by Conti and Farrell There being no further discussion, President Ellis called for a voice vote thereon and the Resolution was ADOPTED: 10 Affirmative – Anane, Balarin, Conti, Doesschate, Fahey, Farrell, Frederick, Hoey, Igoe, Johnson, Kimbrough, Love, O’Brien, and Robinson Affirmative 14 Negative 0 Abstain 0 Council Member Love noticed Resolution 32.41.21R (MC) (As Amended 04/07/21) (A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF ALBANY CALLING ON THE MAYOR OF THE CITY OF ALBANY AND OUR COUNTY, STATE, AND FEDERAL PARTNERS TO IMPLEMENT MORE INCENTIVES FOR AFFORDABLE HOMEOWNERSHIP AND GRANTS FOR HOMEOWNER MAINTENANCE ASSISTANCE) as follows, asked passage and a roll call vote thereon: *Council member(s) Love and Doesschate spoke on the Resolution prior to passage. Resolution 32.41.21(MC) (As Amended 04/07/21) was co-sponsored by Anane, Balarin, Conti, Doesschate, Fahey, Flynn, Frederick, Hoey, Igoe, Kimbrough and O’Brien There being no further discussion, President Ellis called for a voice vote thereon and the Resolution was ADOPTED: Affirmative – Anane, Balarin, Conti, Doesschate, Fahey, Farrell, Flynn, Frederick, Hoey, Igoe, Kimbrough, Love, O’Brien, and Robinson Affirmative 14 Negative 0 Abstain 0 President Pro Tem Kimbrough held the pending Resolutions on the agenda for further consideration COMMUNICATIONS FROM THE MAYOR Council President Ellis asked the Clerk to ready the following communication from the Mayor: “We applaud the Council’s desire to address our community’s concerns about the use of tear gas and other non-lethal force by the Albany Police Department. We owe it to our residents to ensure we have their trust that APD is not using tear gas or other non-lethal force indiscriminately. Under Mayor Sheehan’s leadership, the City of Albany has reached out to other mayors across the country and consulted with the United States Conference of Mayors to find best practices with respect to the deployment of non-lethal force. While our research has failed to find a single City or State in the country has adopted the restrictions contemplated in the legislation currently being considered by the Council, we strongly support legislation that would restrict and control the use of tear gas and other non-lethal force including: • Restricting use to when a riot is declared, as defined by New York State law • Requiring a Police Chief or Deputy Chief to order its use 11 • Requiring two notifications to the public in the immediate vicinity tear gas is about to be used • Requiring an EMT to be on-site prior to its deployment • Prohibiting its use in residential neighborhoods unless absolutely necessary to protect lives In the last 32 years, tear gas has been used outdoors by the Albany Police Department only twice – on May 30, 2020, and June 1, 2020 – after members of the Albany Police Department were assaulted with bricks, Molotov cocktails, and fireworks, police vehicles were damaged, a police horse was burned, and police equipment was stolen. At least one member of APD is still recovering from their injuries. A complete ban on tear gas will create a situation where should City Hall be attacked by armed insurrectionists, similar to what we saw at the US Capitol on January 6, the Albany Police Department will face the choice of doing nothing or using lethal force. We understand there are some people who participated in the policing collaborative who expressed a desire for the City to find alternatives to tear gas and other current non-lethal methods of responding to violence. We have not been provided a viable alternative, other than doing nothing or using lethal force. We believe it is important to pass legislation that ensures tear gas is never used in non-violent protests, but as elected officials we have an obligation to protect our residents and our workforce. We urge the Common Council to include commonsense amendments that will keep our community safe and address our shared desire to ensure tear gas is used only when absolutely necessary to protect against mass violence.” MISCELLANEOUS AND UNFINISHED BUSINESS Council Member Anane spoke on internet services and thanked the Governor and state legislators for signing legislation for internet services and broadband for low income families. He had questions on who will pick up costs and internet speed. Council Member Hoey discussed that he watched NASA newsfeed on the helicopter take off on Mars. He spoke about the diversity of the NASA team. He spoke about his disappointment not voting on the tear gas legislation and discussed that he didn’t hear one person speak about supporting the use of tear gas. President Pro Tem Kimbrough spoke about further discussion on tear gas legislation. He discussed that he has received calls for and against the legislation. He spoke about the police needing to be a part of these conversations. He spoke on his experiences as a black man. He talked about that the Council are taking steps to make needed changes. ADJOURNMENT: There being no further business, President Pro Tem Kimbrough made a motion to adjourn, which was duly seconded and adopted by unanimous voice vote. President Ellis declared the meeting adjourned at approximate 9:06pm. DANIELLE GILLESPIE City Clerk of the City of Albany and Clerk to the Common Council 12 Council Member Farrell introduced the following: RESOLUTION NUMBER 39.41.21R (MC) A RESOLUTION THAT SETS A DEADLINE OF JUNE 1, 2021 FOR ALL CITY EMPLOYEES EARN A LIVING WAGE OF AT MINIMUM $15/HOUR WHEREAS, the Common Council has uniformly supported and worked toward all City of Albany employees to receive a living wage; and WHEREAS, in the Mayor’s 2021 Budget Presentation on October 1, 2020, the Mayor stated that her budget would bring all employees to a minimum of $15/hour (see October 1, 2020 Video https://www.facebook.com/AlbanyMayorKathySheehan/videos/395222311479090 at time stamp: 9:20, 14:25, and 16:55; and WHEREAS, the Common Council received a request from the Department of Recreation (see Resolution 25.31.20R) to eliminate a Laborer II position and create a Laborer I position at a salary of $29,702. Based upon calculation, that salary comes out to be $14.28/hour; and WHEREAS, upon further review of the budget, the Council realized that there are 16 Laborer I positions in the Department of General Services, 1 in the Water Department, for a total of 18 positions that are not paid at minimum $15/hour; and WHEREAS, the Common Council believes that the intent of the 2021 budget is to ensure all employees receive a living wage of at minimum of $15/hour; and NOW THEREFORE, BE IT RESOLVED, the Common Council sets the date of June 1, 2021 for all City of Albany employees to be paid a living wage of $15/hr To: Danielle Gillespie, City Clerk From: John-Raphael Pichardo, Esq., Research Counsel Re: Common Council Legislation Supporting Memorandum Date: April 14, 2021 SPONSOR(S) Council Member Farrell RESOLUTION NUMBER 39.41.21R (MC) TITLE A RESOLUTION THAT SETS A DEADLINE OF JUNE 1, 2021 FOR ALL CITY EMPLOYEES EARN A LIVING WAGE OF AT MINIMUM $15/HOUR GENERAL PURPOSE OF LEGISLATION Sets a deadline of June 1, 2021 for all City Employees to earn a living wage of a minimum of $15/hour. FISCAL IMPACT(S) None. Council Member Robinson introduced the following: RESOLUTION NUMBER 40.41.21R (MC) RESOLUTION OF THE COMMON COUNCIL HONORING THE LIFE AND LEGACY OF MINISTER JANIE JACOBS-FRANKLIN AND HER CONTRIBUTIONS TO THE CITY OF ALBANY AND THE FAITH COMMUNITY WHEREAS, On March 12, 2021, the Spirit of the Lord entered the room of Minister Janie Jacobs- Franklin and took her home to be with Him. Janie was born on August 3, 1930, to the late Algue Jacobs and Emma M Davis in Florence, South Carolina; and WHEREAS, Along with her father, sister (best friend) Delilah and their grandmother Janie, they relocated to Albany, New York, where she was educated in the Albany Public School system and attended Albany High. While in high school she was involved in the music ensembles and played basketball as a point guard. She received her high school diploma in 1948. She also acquired her cosmetology license. In 1951 she graduated from the State University of New York where she obtained her degree in Nursing. She was employed by Child's Hospital, the Villa Mary Immaculate, and the Ann Lee Home, where she retired. She was a valued nurse who was great at her craft. The doctors she worked with trusted her insight regarding patient care. In addition, she taught piano to many local youth and young adults in the Capital District; and WHEREAS, As a young lady Janie married, and from that union she had five children. She later went on and met and married the love of her life Deacon Robert Joseph Franklin and from this union they had two children; and WHEREAS, Minister Franklin accepted Christ at an early age. Her family united with the Mt. Zion Baptist Church upon their arrival to Albany, New York. She attended the Union Baptist Church and later the Mt Olive Southern Missionary Baptist Church, under the late Rev. Odell Wesley Surgick. During her time at Mt. Olive, she was a part of the Choursters, the Deaconess Board, the Catherine Surgick Choir, a Sunday school teacher and the organizer and director of the Mount Olive Male Chorus. She loved to sing. Every Sunday, you would hear her soprano voice in the church choir, her high note could be heard throughout the church when they sang "Amen"; and WHEREAS, She also served as the Capital District Community Choir president under the leadership of the late Professor Rudolph V. Stinney. Where she was affectionately known as "Madam President." She later went on to become a founding member of the Star of Bethlehem Baptist Church, where she served in many capacities; and WHEREAS, Her love for the Gospel was always evident. She developed a deep, intimate love for studying the exegesis of the Word of God, living a life of prayer, and fasting. She attended and received numerous certificates from the Bible Institute of Albany in biblical studies. She was also a part of the Willing Workers and the Evangelistical Workers, under the late Rev. Dr. Minnie L. Burns. Under this organization, she was licensed as an Evangelist. She would travel throughout the Capital Region, and the state, training missionaries, evangelists, and others called to ministry. She was a trailblazer for women as she was instrumental in opening doors for many of them to become active in preaching the Word; and WHEREAS, Minister Franklin served as the Associate Minister of the Star Bethlehem Baptist Church after she received her license in ministry. She also implemented the first Vacation Bible School (VBS), Street Ministry, Ministerial training classes and the Nursing Home Ministry. She served as a Sunday teacher and Superintendent of the church; and WHEREAS, Her work was not just for the inside of the church. She also worked as a part of the Police Civilian Review Board until she no longer had the capacity to do so. She believed in accountability and held the Mayor and local leaders of her ward accountable. Everyone knew she was a "straight shooter" who would always tell the truth. Minister Franklin was not only known for her no-nonsense ways but for the motherly, nurturing, and unconditional love she gave to everyone; and WHEREAS, Minister Franklin has poured out and into the lives of so many. She has fought the good fight, finished the race, and kept the faith. NOW, there is in store for her the crown of righteousness which the Lord, the righteous Judge, has awarded unto her (2 Timothy 4:6-8). NOW THEREFORE, BE IT RESOLVED, the City of Albany's Common Council pauses to commend and honor the memory of Minister Janie Jacobs-Franklin and her many contributions to our city; and BE IT FINALLY RESOLVED that the Common Council of the City of Albany sends their condolences to her extended family and that the Clerk of the Common Council is to send an embossed copy of this resolution to her daughter, Dr. Rhonda Ferguson. To: Danielle Gillespie, City Clerk From: Jahmel K. Robinson, Common Council Member Re: Common Council Legislation Supporting Memorandum Date: April 14, 2021 SPONSOR Council Member Robinson RESOLUTION NUMBER 40.41.21R (MC) TITLE RESOLUTION OF THE COMMON COUNCIL HONORING THE LIFE AND LEGACY OF MINISTER JANIE JACOBS FRANKLIN AND HER CONTRIBUTIONS TO THE CITY OF ALBANY AND THE FAITH COMMUNITY GENERAL PURPOSE OF LEGISLATION To honor the life and legacy of Minister Janie Franklin and her contributions to the City of Albany and the faith community. NECESSITY FOR LEGISLATION AND ANY CHANGE TO EXISTING LAW The resolution express’s the Council’s wish to honor minister Janie Jacobs Franklin’s legacy, and contributions to the City of Albany and the Faith Community. It effectuates no change to existing law. FISCAL IMPACT(S) None. 2019 N.Y. AB 7634 Chaptered, September 13, 2019 Reporter 2019 N.Y. ALS 283; 2019 N.Y. Laws 283; 2019 N.Y. Ch. 283; 2019 N.Y. AB 7634 NEW YORK ADVANCE LEGISLATIVE SERVICE > NEW YORK 242ND ANNUAL LEGISLATIVE SESSION > CHAPTER 283 > ASSEMBLY BILL 7634 Notice Added: Text highlighted in green Synopsis AN ACT to amend chapter 450 of the laws of 2018, authorizing the city of Albany to alienate certain lands used as parkland and to dedicate certain other lands as parklands, in relation to revising the metes and bounds of the parkland property to be alienated Became a law September 13, 2019, with the approval of the Governor. Passed on Home Rule request pursuant to Article IX,section2(b)(2)ofthe Constitution by a majority vote, three-fifths being present. Text The People of the State of New York, represented in Senate and Assembly, do enact as follows: Section 1. Section 3 of chapter 450 of the laws of 2018, authorizing the city of Albany to alienate certain lands used as parkland and to dedicate certain other lands as parklands, is amended to read as follows: Section 3. The parklands authorized by section one of this act to be discontinued as parklands are described as follows: ALL that certain piece or parcel of land located in the City of Albany, County of Albany, State of New York and being more particularly bounded and described as follows: Parcel 1 Commencing at a point on the westerly street boundary of Martin Luther King Jr. Boulevard at its intersection with the southerly street boundary of Park Avenue and running along the said westerly street boundary of Martin Luther King Jr. Boulevard a distance of 235± feet to the point of beginning of the herein described Parkland Alienation Parcel 1; thence continuing along said westerly street boundary of Martin Luther King Jr. Boulevard the following two (2) courses and distances: Brett Williams Page 2 of 5 2019 N.Y. AB 7634 1. South 24°31’32” West, a distance of 9.53 feet to a point of curvature; and 2. along a curve to the left having a radius of 308.00 feet, an arc length of 47.87 feet and a chord of South 20°04’22” West, a distance of 47.82 feet to a point; Thence running through lands now or formerly of the City of Albany, Tax Parcel 76.10-1-3, the following sixteen (16) courses and distances: 1. North 84°48’55” West, a distance of 68.00 feet to a point; 2. South 05°11’05” West, a distance of 40.76 feet to a point; 3. South 53°21’58” West, a distance of 17.83 feet to a point; 4. South 63°54’14” West, a distance of 16.84 feet to a point; 5. South 70°11’06” West, a distance of 139.34 feet to a point of curvature; 6. along a curve to the right having a radius of 328.96 feet, an arc length of 84.34 feet and a chord of North 42°37’38” West, a distance of 84.11 feet to a point; 7. North 35°16’56” West, a distance of 54.59 feet to a point; 8. North 05°11’03” East, a distance of 109.30 feet to a point; 9. North 39°02’50” West, a distance of 575.64 feet to a point; 10. North 50°57’31” East, a distance of 80.00 feet to a point; 11. South 39°02’50” East, a distance of 579.49 feet to a point; 12. South 84°48’57” East, a distance of 179.54 feet to a point; 13. North 50°05’39” East, a distance of 28.88 feet to a point; 14. South 39°54’21” East, a distance of 57.00 feet to a point; 15. South 50°05’39” West, a distance of 21.49 feet to a point; and 16. South 39°54’21” East, a distance of 70.63 feet to the point or place of beginning. Containing 109,051 square feet or 2.50 acres of land, more or less. Subject to all rights, easements, covenants or restrictions of record. Subject to any statement of facts that an up to date abstract of title would disclose. Parcel 1A-2019 Commencing at a point on the westerly street boundary of Martin Luther King Jr. Boulevard at its intersection with the southerly street boundary of Park Avenue and running along the said westerly street boundary of Martin Luther King Jr. Boulevard a distance of 235± feet to the point of beginning of Parkland Alienation Parcel 1-2018; thence continuing along said westerly street boundary of Martin Luther King Jr. Boulevard the following two (2) courses and distances: 1. South 24°31’32” West, a distance of 9.53 feet to a point of curvature; and 2. along a curve to the left having a radius of 308.00 feet, an arc length of 47.87 feet and a chord of South 20°04’ 22” West, a distance of 47.82 feet to a point; thence running through lands now or formerly of the City of Albany, Tax Parcel 76.10-1-3, the following four (4) courses and distances: 1. North 84°48’55” West, a distance of 68.00 feet to a point; thence 2. South 05°11’05” West, a distance of 40.76 feet to a point; thence 3. South 53°21’58” West, a distance of 17.83 feet to a point; and 4. South 63°54’14” West, a distance of 11.29 feet to the POINT OF BEGINNING of Parcel 1A-2019; Brett Williams Page 3 of 5 2019 N.Y. AB 7634 Thence running through lands now or formerly of the City of Albany, Tax Parcel 76.10-1-3 from said Point of Beginning the following thirteen (13) courses and distances: 1. South 16°26’04” East, a distance of 80.27 feet to a point; thence 2. North 84°34’57” West, a distance of 169.18 feet to a point; thence 3. North 80°13’24” West, a distance of 43.33 feet to a point; thence 4. North 49°52’12” West, a distance of 62.43 feet to a point; thence 5. North 22°02’21” West, a distance of 52.28 feet to a point; thence 6. North 36°57’46” West, a distance of 27.78 feet to a point; thence 7. North 46°25’00” East, a distance of 33.06 feet to a point; thence 8. South 84°42’13” East, a distance of 25.96 feet to a point; thence 9. South 05°11’03” West, a distance of 20.94 feet to a point; thence 10. South 35°16’56” East, a distance of 54.59 feet to a point of curvature; thence 11. Along a curve to the left having a Radius of 328.96 feet, a length of 84.34 feet and a chord of South 42°37’38” East, a distance of 84.11 feet to a point; thence 12. North 70°11’06” East, a distance of 139.34 feet to a point; and 13. North 63°54’14” East, a distance of 5.55 feet to the point of beginning. Parcel 1B-2019 Commencing at the easterly end of course number 8 above; thence running North 05°11’03” East through lands now or formerly of the City of Albany, Tax Parcel 76.10-1-3, a distance of 71.54 feet to the POINT OF BEGINNING of Parcel 1B-2019; Thence running through lands now or formerly of the City of Albany, Tax Parcel 76.10-1-3 from said Point of Beginning the following eleven (11) courses and distances: 1. North 79°46’31” West, a distance of 34.82 feet to a point; thence 2. North 71°43’00” West, a distance of 27.08 feet to a point; thence 3. North 54°17’59” West, a distance of 25.52 feet to a point; thence 4. North 44°42’20” West, a distance of 40.46 feet to a point; thence 5. North 41°36’54” West, a distance of 42.80 feet to a point; thence 6. North 39°49’38” West, a distance of 44.83 feet to a point; thence 7. North 35°13’26” West, a distance of 96.34 feet to a point; thence 8. North 35°32’30” West, a distance of 44.73 feet to a point; thence 9. North 51°44’19” East, a distance of 53.15 feet to a point; thence 10. South 39°02’50” East, a distance of 329.64 feet to a point; and 11. South 05°11’03” West, a distance of 16.83 feet to the point of beginning. Both parcels containing a total of 0.75 acres of land more or less. Parcel 2A-2019 Commencing at a point on the westerly street boundary of Martin Luther King Jr. Boulevard at its intersection with the southerly street boundary of Park Avenue and running along the said westerly street boundary of Martin Luther King Jr. Boulevard a distance of 235± feet to the point of beginning of Parkland Alienation Parcel 1-2018; thence continuing along said westerly Brett Williams Page 4 of 5 2019 N.Y. AB 7634 street boundary of Martin Luther King Jr. Boulevard the following two (2) courses and distances: 1. South 24°31’32” West, a distance of 9.53 feet to a point of curvature; and 2. along a curve to the left having a radius of 308.00 feet, an arc length of 47.87 feet and a chord of South 20°04’22” West, a distance of 47.82 feet to the POINT OF BEGINNING of Parcel 2A-2019; Thence running along the said westerly street boundary of Martin Luther King Jr. Boulevard from said Point of Beginning the following seven (7) courses and distances: 1. South 13°04’38” West, a distance of 27.33 feet to a point; thence 2. South 07°59’28” West, a distance of 27.33 feet to a point; thence 3. South 05°26’52” West, a distance of 35.04 feet to a point; thence 4. South 05°26’52” West, a distance of 41.82 feet to a point; thence 5. South 05°26’52” West, a distance of 91.72 feet to a point; thence 6. South 06°16’57” West, a distance of 36.63 feet to a point; and 7. South 07°22’28” West, a distance of 10.80 feet to a point; thence turning and running through lands now or formerly of the City of Albany, Tax Parcel 76.10-1-3, the following five (5) courses and distances: 1. North 16°26’04” West, a distance of 227.88 feet to a point; thence 2. North 63°54’14” East, a distance of 11.29 feet to a point; thence 3. North 53°21’58” East, a distance of 17.38 feet to a point; thence 4. North 05°11’05” East, a distance of 40.76 feet to a point; and 5. South 84°48’55” East, a distance of 68.00 feet to the point of beginning. Parcel 2B-2019 Commencing at a point on the easterly street boundary of Martin Luther King Jr. Boulevard at its intersection with the northerly street boundary of Morton Avenue and running along the said northerly street boundary of Morton Avenue a distance of 624± feet to the point of beginning of Parkland Alienation Parcel 2B-2018; thence South 70°59’48” East continuing along said northerly street boundary of Morton Avenue, a distance of 50.00 feet; thence turning and running through lands now or formerly of the City of Albany, Tax Parcel 76.10-1-3 from said Point of Beginning the following four (4) courses and distances: 1. North 19°00’12” East, a distance of 77.67 feet to a point; thence 2. North 50°48’41” West, a distance of 273.01 feet to a point; thence 3. North 16°26’04” West, a distance of 391.83 feet to a point; and 4. North 16°26’04” West, a distance of 188.78 feet to a point on the easterly street boundary of Martin Luther King Jr. Boulevard; thence continuing along said easterly street boundary of Martin Luther King Jr. Boulevard the following three (3) courses and distances: 1. South 09°45’16” West, a distance of 26.86 feet to a point; thence 2. South 12°18’59” West, a distance of 50.52 feet to a point; and 3. South 15°50’09” West, a distance of 25.93 feet to a point; thence turning and running through lands now or formerly of the City of Albany, Tax Parcel 76.10-1-3 the following four (4) courses and distances: Brett Williams Page 5 of 5 2019 N.Y. AB 7634 1. South 16°26’04” East, a distance of 98.46 feet to a point; thence 2. South 16°26’04” East, a distance of 407.29 feet to a point; 3. South 50°48’41” East, a distance of 253.58 feet to a point; and 4. South 19°00’12” West, a distance of 42.78 feet to the point of beginning. Both parcels containing a total of 1.29 acres of land more or less. Section 2. This act shall take effect immediately and shall be deemed to have been in full force on and after December 21, 2018. History Approved by the Governor September 13, 2019 Effective date: December 21, 2018 Sponsor McDonald J NEW YORK ADVANCE LEGISLATIVE SERVICE Copyright © 2021 LexisNexis. All rights reserved. End of Document Brett Williams SMALL WIRELESS FACILITIES RIGHTS-OF-WAY ACCESS AGREEMENT BY AND BETWEEN THE CITY OF ALBANY AND CELLCO PARTNERSHIP D/B/A VERIZON WIRELESS The City of Albany, NY ("City"), a New York municipal corporation with its principal offices at 24 Eagle Street, Albany, New York 12207, and Cellco Partnership d/b/a Verizon Wireless, a partnership, organized and existing under the laws of Delaware ("Carrier"), with its principal offices at One Verizon Way, Mail Stop 4AW100, Basking Ridge, New Jersey 07920 (telephone number 866- 862-4404), hereby enter into this Wireless Facilities Rights-of-Way Access Agreement ("Agreement") effective as of the date last signed below (the "Effective Date"). The City and Carrier may collectively be referred to as “Parties,” or individually as a “Party.” WHEREAS, the City is authorized under Section 82-4 of the Code of the City of Albany and Section 20 of the N.Y. General City Law to grant and renew non-exclusive franchises for the installation, operation, and maintenance of telecommunications infrastructure on, beneath, above, and within the public rights-of-way within the City; and WHEREAS, it is the practice of the City to permit such use of the streets and public rights-of- way for the provision of telecommunications service providers, subject to the duty and authority of the City to manage its streets, public property, and rights-of-way for public use, and to require fair and reasonable compensation for the use thereof in a manner consistent with applicable law; and WHEREAS, Carrier is licensed by the Federal Communications Commission (“FCC”) to operate throughout the State of New York to provide telecommunications services and seeks to deploy Small Cell Wireless Facilities within the City Rights of Way; and WHEREAS, Carrier desires to obtain from the City, as permitted by law, and the City desires to grant to Carrier a non-exclusive license to access, use, and occupy the public rights-of-way within the City for the purpose of constructing, installing, maintaining, repairing, operating, replacing and removing equipment and facilities related to the placement of Small Wireless Facilities, in a manner consistent with this Agreement; NOW, THEREFORE, AND IN CONSIDERATION of mutual covenants and conditions set forth herein, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties hereby agree as follows: SECTION I. DEFINITIONS A. “Aesthetic Standards” means such standards as may be published from time to time by the CPO, which shall set forth rules and regulations for the siting and construction of Small Wireless Facilities within the City ROW. B. “Agreement” means this Agreement, together with any exhibits, amendments, or modifications. C. “Applicable Law” or “Law” means all federal, state, and local laws, statutes, codes, ordinances, resolutions, orders, rules, and regulations. D. "CPO" means the Chief Planning Official of the City of Albany, as that term is defined in the City of Albany Unified Sustainable Development Ordinance. E. “Collocate” means to attach, install, mount, maintain, modify, operate, and/or place one or more Facilities on an existing support structure. F. “Deployment” means the construction, repair, replacement, maintenance, attachment, installation, removal, reattachment, reinstallation, relocation, and/or operation of Facilities within the City ROW. G. “Equipment” means the radios, antennas, transmitters, and other wireless transmission or transport devices attached, mounted, or installed in the City ROW, including but not limited to control boxes, fiber optic and other cables, wires, conduit, power sources, 1 grounding equipment, battery backup and other equipment, structures, and appurtenances which may be installed, maintained, operated and/or used for the purpose of Small Wireless Facilities Deployments. This definition shall include new types of telecommunications equipment that are substantially similar to Small Wireless Facilities existing as of the Effective Date of this Agreement, or that have reduced or less adverse impacts on the City ROW with respect to size, coverage/spacing requirements, and general physical characteristics. H. “Facility” or “Facilities” means any and all Equipment and installations of any kind owned and/or controlled by Carrier that are reasonably necessary and appropriate for the provision of Services. I. “FCC” means the Federal Communications Commission of the United States. J. "FCC Wireless Infrastructure Order" means the Declaratory Ruling issued by the FCC on September 27, 2018 in WT Docket Nos. 17-79 and 17-84 (FCC 18-133, 33 FCC Rcd 9088). K. “License” means the non-exclusive right granted by the City, subject to this Agreement, to Carrier to construct and maintain its Small Wireless Facilities on, over, under, upon, across, and/or along the City ROW. L. “Person” means any natural or corporate person, business association or business entity, including, but not limited to, an individual, a partnership, a sole proprietorship, a political subdivision, a public or private agency or any kind, a utility, a successor or assign of any of the foregoing, or any other legal entity. M. “Pole” means a structure, such as a utility, lighting, traffic, or similar pole made of wood, concrete, metal or other material, located or to be located within the City ROW. The term includes the vertical support structure for traffic lights but does not include a horizontal structure to which signal lights or other traffic control devices are attached, unless the CPO grants a waiver for such pole. N. “Radiofrequency Emissions” or “RF Emissions” means electromagnetic energy including radio waves and microwaves that are transmitted or received by Facilities. O. “Rights-of-Way” or “ROW” means the space in, upon, above, under, along, across, and over the public streets, roads, highways, sidewalks, and public ways owned or controlled by and under the jurisdiction of the City, as the same now or may hereafter exist. This term shall not include: (a) any county, state, or federal ROW; (b) public utility easements, whether owned by the City or others, except as provided by applicable Laws or pursuant to any agreement between the City and any such person or entity; or (c) any property owned by the City that is not a public street, road, highway, sidewalk, or other public way, such as parks, City buildings, and property on which City buildings are located. P. “Services” means any telecommunications service provided by means of the Facilities installed by Carrier in accordance with this Agreement, for which Carrier holds a valid authorization issued by the FCC; or the leasing, operation, or maintenance of the same by Carrier in accordance with this Agreement. “Services” do not include cable service or open video services. Q. “Small Wireless Facility” means a Facility that meets the definition of “Small Wireless Facility” set forth in 47 CFR § 1.6002. The term “Small Wireless Facility” includes associated Equipment and Facilities as defined in this Agreement, but does not include Support Structures to which such Equipment and Facilities are attached. R. “Small Wireless Facility Permit” means the authorization granted after review and approval by the CPO of an application for a Small Wireless Facility. S. "Support Structure" means a structure to which a Small Wireless Facility is or may be attached. SECTION II. GRANT OF ACCESS AND OCCUPANCY RIGHTS A. The City hereby grants to Carrier a non-exclusive License to enter upon and use the City ROW for the purpose of construction, operation, and maintenance of Small Wireless 2 Facilities. B. The City expressly reserves the right, in its own name, to use and occupy the City ROW, and to grant such other non-exclusive licenses to use and occupy the City ROW as may be deemed in the public interest. C. Carrier shall be solely responsible for any and all costs and expenses related to its use of the City ROW for the deployment of Small Wireless Facilities. Carrier shall also be solely responsible for obtaining any and all real property easements, rights-of-way, permissions, and consents from third-parties, as may be required, in order to access and use the City ROW for its Small Wireless Facilities. D. Carrier shall be subject to all applicable laws that may apply to the Small Wireless Facilities and that may affect, without limitation, their placement, location, and operation within the City ROW. E. This Agreement does not grant Carrier any property interest in the City ROW. The License granted herein is not divisible, and Carrier may not grant any person the right to use or occupy the City ROW, except as set forth herein. F. Carrier warrants that its Small Wireless Facilities shall be maintained in good operating condition, as consistent with applicable laws and generally accepted industry standards. SECTION III. EQUITY AGENDA A. Carrier acknowledges the City's Equity Agenda, codified in Chapter 183 of the City Code, and supports the City's the desire to prioritize wards that have lower levels of service. Carrier will not unduly discriminate against any underserved wards. B. Within 30 days after the Effective Date, Carrier shall submit to the CPO a non-binding Initial Deployment Plan, which shall describe the number and general location of Small Wireless Facilities that Carrier expects to deploy during the term of this Agreement, and Carrier shall thereafter submit updated Deployment Plans at its discretion or upon request of the CPO. The purpose of such Deployment Plans is to: (a) provide information regarding key indicators to support the City in implementing the Equity Agenda; (b) to allow the City to estimate staffing needs to support Carrier's expected Deployment Plan; (c) and to allow the City to identify geographic locations where multiple carriers may be planning to deploy Small Wireless Facilities. C. The City encourages Carrier to invest in community engagement efforts throughout the City of Albany to encourage public support for its Small Wireless Facilities and to promote universal access to essential communications technology. SECTION IV. SMALL WIRELESS FACILITY PERMIT SUBMITTAL AND REVIEW A. The CPO shall provide a pre-application review at Carrier's request, to ensure that Carrier's proposed locations are in compliance with all applicable laws and consistent with the Aesthetic Standards. B. Carrier shall submit a Small Wireless Facility Permit Application to the CPO for each proposed Small Wireless Facility using the form titled “Revocable Sidewalk Privilege Application – Small Wireless Facility,” as may be amended from time to time by the CPO. C. The Application shall comply with the requirements and directions specified on the "Revocable Sidewalk Privilege Application – Small Wireless Facility" application form, a copy of which is attached hereto as Exhibit A. The CPO shall provide notice to Carrier within 10 days of any changes made to this form. D. In addition to obtaining a Small Wireless Facility Permit, Carrier may be required to obtain additional generally applicable permits, including but not limited to the following: (a) building permit; (b) electrical permit; (c) grading permit; (d) tree trimming application; (e) street opening permit; (f) sidewalk barricade permit; and/or (g) certificate of appropriateness. E. The CPO may propose alternate locations to those requested in the Small Wireless 3 Facility Application, provided that such locations are acceptable to Carrier from a technical and constructability perspective and are similar in cost. The CPO may also require that Small Wireless Facilities are placed at a location so as to minimize impacts on adjoining property owners and other users of the City ROW. F. The CPO shall review each Small Wireless Facility Application on an expedited basis so as to comply with the shot clocks set forth in the FCC Wireless Infrastructure Order. The CPO shall evaluate and approve or deny Small Wireless Facility Applications on a competitively neutral basis, with no unreasonable discrimination among similarly situated applicants and installations. G. Within the time allowed under the shot clocks for approval or denial of a Small Wireless Facility Application, the CPO shall issue a written decision that either approves, approves with conditions, or denies the requested Small Wireless Facility Permit, with the reasons for such decision set forth in written findings. H. In the event that an application is denied, Carrier may appeal such denial within 30 days to the City of Albany Board of Zoning Appeals pursuant to the appeal procedure set forth in section 375-5(D)(12)(b) of the City of Albany Unified Sustainable Development Ordinance. I. An application may be approved for any of the following Small Wireless Facility uses: i. Collocation on an existing City-owned Support Structure; ii. Collocation on an existing Support Structure not owned by the City, provided that Carrier has submitted sufficient proof of permission from the owner thereof; iii. Collocation on a City-owned Support Structure following the replacement of such Support Structure, provided that: (1) Carrier shall be solely responsible for all costs and expenses related to such replacement; (2) the replacement Support Structure shall be designed to match as closely as feasible the existing City- owned Support Structure with regard to size, color, materials, etc.; and (3) Carrier shall not retain any ownership rights in the Support Structure following its replacement; iv. Collocation on a Support Structure not owned by the City following the replacement of such Support Structure, provided that Carrier has submitted sufficient proof of permission from the owner thereof, and provided that: (1) the City shall not be responsible for any costs and expenses related to such replacement; (2) the replacement structure shall be designed to match as closely as feasible to the existing Support Structure with regard to size, color, materials, etc.; or v. Installation of a new Support Structure where, as determined by Carrier in consultation with the CPO, no other existing Support Structure in the City ROW can be used for Collocation and provided that, where feasible, such Support Structure is designed in a manner that can accommodate at least one additional small wireless facility. J. An Application may be denied on the following grounds: i. Subject to the applicable FCC Shot Clock, the Application is materially incomplete; ii. The Small Wireless Facility would materially interfere with vehicular and pedestrian safety; iii. The Small Wireless Facility would be in violation of the City of Albany Unified Sustainable Development Ordinance or Aesthetic Standards; iv. The Small Wireless Facility would interfere with the City’s obligations under the Americans with Disabilities Act; or v. Any other violation of law or substantial and material adverse impact to the public health, safety, or general welfare. SECTION V. CONSTRUCTION AND MAINTENANCE 4 A. Carrier shall be responsible for coordination of its construction and maintenance work with the CPO to avoid any interference with existing utilities, substructures, facilities, street light operations, or other existing uses of the City ROW. Carrier shall comply with all City construction regulations, including, but not limited to construction hours, waste management, noise abatement, and traffic and parking regulations. B. Carrier shall install and perform all work on Small Wireless Facilities in strict compliance with its approved Permits and in a diligent, skillful, and workmanlike manner. No later than 7 days before commencing installation of a Small Wireless Facility, Carrier shall provide to the CPO a schedule of construction activities and a list of the names, places of business, and license numbers of all contractors who will perform the work. Carrier shall be responsible for ensuring that all contractors and subcontractors comply with the requirements of this Agreement and applicable law when performing work on behalf of Carrier. C. Carrier shall be solely responsible for establishing electrical power to its Small Wireless Facilities, which shall be metered or otherwise charged separately from any other City or utility infrastructure located in the City ROW, and Carrier shall be solely responsible for the payment of electrical utility charges for the Small Wireless Facility. Drawings and specifications for any power supply routing shall be provided to the CPO upon request. D. After performing construction or maintenance work or any other modification, Carrier shall leave the City ROW in the same condition as it was before the work. Carrier shall be solely responsible if such work disturbs or alters any utility infrastructure in the City ROW or any City street or sidewalk, and Carrier shall at its own expense restore such utility infrastructure or City street or sidewalk to its original condition. If Carrier does not perform such restoration within 30 days, the City shall have the option upon 10 days prior written notice, or sooner if required to protect or preserve public health or safety, to perform or cause to be performed such restoration work and to charge Carrier for the costs incurred by the City at the City’s standard rates. Carrier shall promptly reimburse the City for any such costs within 45 days of its receipt of a demand for payment containing a sufficiently detailed invoice or list of charges. E. If the installation of a Support Structure results in the creation of a double pole, Carrier shall cooperate in good faith with the City’s efforts, if any, to eliminate the double pole. Such efforts may include, but are not limited to, cooperation to relocate attachments owned or operated by other entities from the original pole to the new pole. F. Carrier shall not be required to obtain prior City approval for maintenance and repairs that are: (i) necessary to maintain the structural integrity of a Support Structure; (ii) required to address an emergency; or (iii) limited to the repair, replacement, modification, or installation of internal components; (iv) or the replacement or upgrade of Equipment with new components that are substantially similar to the original with respect to color, size, and other aesthetic qualities and do not require any structural modifications to the Support Structure. All other maintenance and repairs or other modifications to a Small Wireless Facility shall require Carrier to submit a Small Wireless Permit Application as if applying for an initial installation of Small Wireless Facilities. SECTION VI. TERM OF AGREEMENT AND SMALL WIRELESS FACILITY PERMITS A. This Agreement shall commence upon the Effective Date and have an initial term of five years. The term of this Agreement shall thereafter be subject to three automatic three year extensions. B. Carrier may terminate this Agreement at any time, upon 90 days written notice. C. The City may terminate this Agreement upon any material violation or breach by Carrier. The City shall give Carrier a reasonable time to cure any such material violation or breach, provided that it shall be no less than 30 days and no more than 120 days. D. Each Small Wireless Facility Permit granted under this Agreement shall be valid for as 5 long as this Agreement remains in effect or for ten years, whichever is longer; provided, however that installation of each Small Wireless Facility shall commence within twelve months and be completed no later than fifteen months from approval of the Small Wireless Facility Permit, and failure to comply with this requirement shall result in the expiration of the Permit except to the that the CPO may grant an extension of up to 120 days. SECTION VII. REMOVAL AND/OR RELOCATION OF SMALL WIRELESS FACILITIES A. Carrier acknowledges that the City, upon 90 days' written notice, may require Carrier to relocate all or a portion of any Small Wireless Facility to an alternative location made available by the City and acceptable to Carrier, at the sole cost and expense of Carrier, if the City determines, in its reasonable discretion, that the relocation is needed to facilitate the use of the ROW for municipal purposes directly related to the public health, safety, or general welfare. Should Carrier fail to relocate any such Small Wireless Facility by the date established by the City, the City may remove such Small Wireless Facility and the expense thereof shall be paid by Carrier within 30 days, including all expenses incurred by the City due to Carrier’s delay. The City and Carrier shall cooperate to the extent possible to assure continuity of service during any such relocation, and the City shall use reasonable efforts to afford Carrier a reasonably equivalent alternative location. B. If the City should reasonably determine that it is necessary in response to any public welfare or safety emergency that threatens imminent personal injury or property damage, the City may temporarily or permanently disconnect or remove any Small Wireless Facility within the City ROW. In cases of emergency, the City shall provide such notice as is practicable under the circumstances. C. Carrier shall notify the City upon terminating operation of any Small Wireless Facility and shall remove such Small Wireless Facility within 30 days. D. Upon termination or expiration of Small Wireless Facility Permits granted pursuant to this Agreement, Carrier shall have 90 days to remove such Small Wireless Facility and restore any disruptions to the City ROW, except to the that the CPO may grant an extension of up to 30 days to vacate the property. SECTION VIII. FEES AND CHARGES A. The following non-recurring fees are required for each Small Wireless Facility and shall be due upon application submission: i. For collocations or facilities mounted on an existing or replacement Support Structure - $500.00 for a batch of five and $100.00 for each additional facility. ii. For new pole placements - $1,000.00. B. The following annual fees are required for each Small Wireless Facility: i. For collocations or facilities mounted on an existing or replacement Support Structure - $135.00 per year ii. For new pole placements - $270.00 per year C. The first year's annual fee shall be due within 90 days of when the installation is complete and shall not be prorated, regardless of the date of such completion. For each subsequent year, the annual fee shall be due on or before January 31. D. The City shall provide Carrier a completed, current Internal Revenue Service Form W-9 and state and local withholding forms if required. E. In the event that any Federal, State or County legislative, regulatory, judicial, or other action affects the rights or obligations of the Parties, or establishes rates, terms or conditions for the construction, operation, maintenance, repair or replacement of Small Wireless Facilities in the City ROW that differ in any material respect from the terms of this Agreement (“New Law”), then either Party may, upon 30 days written notice, 6 require that the fees required under this section be renegotiated to conform to the New Law. Such fees shall then apply on a going forward basis for all existing and new Small Wireless Facilities, unless the New Law requires retroactive application, in which case such new fees shall apply retroactively. In the event that the Parties are unable to agree upon new terms within 90 days after notice of such New Law, then any fees specified in the New Law shall apply from the 90th day forward until the negotiations are completed or otherwise determined by a court of competent jurisdiction. SECTION IX. ADDITIONAL PROVISIONS A. Carrier's Small Wireless Facilities must comply with all applicable standards and regulations of the FCC and any other applicable State or federal government agency with the authority to regulate exposure to RF emissions, and Carrier shall defend, indemnify, and hold harmless the City and its employees and agents against any damages arising from any violation by Carrier of any such laws during the performance of this Agreement. The City reserves the right to conduct at its sole expense on-site post- installation RF emissions testing. B. Consistent with applicable Laws, Carrier shall ensure that its Small Wireless Facilities will not cause RF interference with wireless communication facilities or devices, cable television, broadcast radio or television systems, or satellite broadcast systems existing at the time of installation of its Small Wireless Facilities. Carrier shall further ensure that its Small Wireless Facilities will not cause any RF interference with traffic, public safety, or other communications signal equipment existing at the time of installation of its Small Wireless Facilities. The City shall include substantially similar interference language in all future right-of-way access agreements for Small Wireless Facilities to ensure Carrier is protected from RF interference. C. Carrier shall maintain accurate maps and other appropriate records of its Small Wireless Facilities, including GIS location and information data, and such information shall be provided to the City upon the CPO's request, no more than one time per year. All location and information data provided to the City under this section shall be GIS compatible and shall include the following information on Carrier's Small Wireless Facilities and Equipment: Site Name; Site Address; Site coordinates; Site Technology Type (e.g., 4G or 5G); Site Status; and Inservice Activation Date. The City shall treat such location and information data as confidential trade secrets exempt from disclosure under the Freedom of Information Law, Public Officers Law § 87(2)(d). D. Nothing in this Agreement, shall be deemed to grant, convey, create, or vest in Carrier any real property interest in any portion of the City ROW or any other City property, including but not limited to, any fee, leasehold or easement interest in any land; provided, however, that this Agreement may, subject to applicable laws, create an interest subject to taxation and that Carrier, its successor, lessee or assign may be subject to the payment of such taxes. SECTION X. INDEMNIFICATION, INSURANCE, ETC. A. The City and its employees and agents shall not be liable for injury or damage to any persons or property resulting from the installation, operation, maintenance, repair, and/or removal of Small Wireless Facilities within the City's right of way, including but not limited to diminution in the value of any property, damages for loss or restriction of use of the City's right of way, damages arising from any use, storage, release, or disposal of hazardous materials and/or substances, and damages arising from any interruption of services of the small wireless facilities. To the extent permitted by law, Carrier releases, covenants not to bring suit, and agrees to indemnify, defend, and hold harmless the City, its officers, employees, agents, and representatives, from any and all such claims, costs, damages, judgments, awards, and/or liability for injury or death of any person, or damage to property to the extent caused by or arising out of any acts or omissions of Carrier, its agents, officers, employees, and contractors in the performance of this 7 Agreement and/or the installation, operation, maintenance, repair, and/or removal of small wireless facilities except to the extent such claims or damages may be due to or caused by the negligence or willful misconduct of the City, its employees, boards, commissions, departments, officers, and agents. This indemnification shall survive the termination or expiration of this License. B. The City shall give prompt written notice to Carrier of any claim for which the City seeks indemnification. Carrier shall have the right to investigate these claims with prompt notice to the City Corporation Counsel. Carrier shall not settle any claim subject to this Section without the consent of the City, unless the settlement (i) will be fully funded by Carrier, and (ii) does not contain an admission of liability or wrongdoing by any indemnified party. Any required consent shall not be unreasonably withheld, delayed or conditioned. To the extent permitted by law, the City releases, covenants not to bring suit, and agrees to indemnify, defend, and hold harmless Carrier, its officers, employees, agents, and representatives, from any and all such claims, costs, damages, judgments, awards, and/or liability for injury or death of any person, or damage to property to the extent caused by or arising out of any acts or omissions of the City, its agents, officers, employees, and contractors in the performance of this Agreement. C. Notwithstanding any provision to the contrary, in no event shall either Party be liable to the other in contract, tort, under any statute, warranty, provision of indemnity or otherwise, for any special, indirect, incidental, or consequential, punitive, or exemplary damages suffered by the other Party or any customer or third party or any other person for lost profits or other business interruption damages of such Party’s customers, advertisers, users, clients, licensees, concessionaires, or any other person, firm, or entity, and the Parties agree to indemnify and hold each other harmless in such regard. D. Carrier acknowledges that the City has made no warranties or representations regarding the fitness, availability or suitability of any City Facilities or Utility Infrastructure for the installation of Small Wireless Facilities, or for any other activities permitted under this Agreement, and that except as expressly provided in this Agreement, any performance of work or costs incurred by Carrier in the deployment of Small Wireless Facilities contemplated under this agreement by Carrier is at Carrier’s sole risk. Except as otherwise expressly provided in this Agreement, Carrier on behalf of itself and its successors and assigns, waives its right to recover from, and forever releases and discharges, the City and its agents, and their respective heirs, successors, administrators, personal representatives, and assigns, from any and all claims, whether direct or indirect, known or unknown, foreseen and unforeseen, that may arise on account of or in any way be connected with the physical or environmental condition of the City facilities and utility infrastructure located in the City ROW except to the extent such claims or damages may be due to or caused by the negligence or willful misconduct of the City, its employees, boards, commissions, departments, officers, and agents. The City agrees: (i) to allow Carrier to investigate the location of City Facilities and Utility Infrastructure (provided permission from the utility is first obtained); and (ii) to work cooperatively with Carrier to facilitate the investigation of City facilities and utility infrastructure under consideration as a location for a Small Wireless Facility, for the possible presence of lead-based paint, asbestos, or other hazardous substances (as that term may be defined under applicable laws), or to identify physical or structural deficiencies. The City agrees to comply with applicable federal, state and local laws with respect to the ongoing maintenance of any City-owned Support Structures. Carrier shall be responsible to maintain any of its Facilities located thereon. E. Carrier shall maintain and keep in effect during the Term of this Agreement commercial general liability insurance, as per ISO form or equivalent, with a limit of $3,000,000 per occurrence for bodily injury and property damage and $4,000,000 general aggregate, insuring Carrier and including the City as an additional insured by endorsement as their interest may appear under this Agreement insuring against loss, damage, cost, expense or liability for damage to property or injury, illness, or death of person occurring or to the extent arising out of or resulting from Carrier’s use and occupancy of the City ROW 8 and the operations conducted thereon in connection with the Deployment of its Small Wireless Facilities. Carrier’s policy shall be primary and non-contributory with any insurance or program of self-insurance that may be maintained by the City. F. To ensure that the City will have some recompense if the Facilities are abandoned or result in other unexpected costs, Carrier agrees, prior to the commencement of any work under an approved Small Wireless Facilities Permit, to post a removal bond or bonds in the following amounts: an initial bond in the amount of $20,000.00, which shall cover the collocation of up ten (10) Small Wireless Facilities on existing or replacement Support Structures, and thereafter subsequent bonds in the amount of $20,000.00, which shall cover the collocation of ten (10) additional Small Wireless Facilities on existing or replacement Support Structures; and a bond in the amount of $10,000.00 for any new Support Structure. Such removal bonds shall be made payable to the City and shall be delivered to Corporation Counsel. Where Carrier submits a removal bond to National Grid pursuant to its terms of its Master Agreement, Carrier will provide a copy of that bond to the City. G. The City acknowledges that Carrier may enter into financing arrangements including promissory notes and financial and security agreements for the financing of the Equipment and Pole Placements (the "Collateral") with third party financing entities. In connection therewith, the City: (i) consents to the installation of the Collateral consistent with the other terms of this Agreement; (ii) disclaims any interest in the Collateral, as fixtures or otherwise; and (iii) agrees that the Collateral shall be exempt from execution, foreclosure, sale, levy, attachment, or distress for any Annual Fees due or to become due, and that such Collateral may be removed at any time consistent with the other terms of this Agreement without recourse to legal proceedings. SECTION XI. VALIDITY AND CONSTRUCTION OF AGREEMENT A. Entire Agreement. This Agreement states the entire agreement between the parties and supersedes all prior agreements and understandings, whether oral or written, between the parties with respect to the subject matter hereof, and may not be amended or modified except by a written instrument executed by the parties hereto. This Agreement contains the entire understanding of the parties with respect to the subject matter hereof. No waiver of any right or remedy hereunder shall be effective unless and until set forth in a writing delivered to the other party, and a waiver, forbearance or other failure to enforce any right or remedy on any given occasion or under any specified circumstance shall not be construed as, or have the effect of, a waiver of such rights or remedies on any other occasion or under any other circumstances. B. Binding Effect. This Agreement shall be binding upon and shall inure to the benefit of the Parties hereto and their respective successors and permitted assigns, and shall not be modified or amended except by an express written agreement signed by a duly authorized representative of both Parties. Nothing in this Agreement shall create or give to third parties any claim or right of action against the City or Carrier. C. Counterparts. This Agreement may be executed in any number of counterparts, each of which when executed and delivered shall be deemed an original, all of which together shall constitute the same instrument. Execution and delivery may be accomplished by facsimile or other electronic means. D. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of New York, without reference to its conflicts of laws principles, and, where applicable, federal law. In the event that any claim, complaint, or litigation is brought by either Party to this Agreement against the other for breach of this Agreement, or for an interpretation of this Agreement, each party shall bear its own costs, including legal fees and expenses. E. Severability. If one or more of the provisions in this Agreement are held by an agency or court of competent jurisdiction, in a final, non-appealable order, to be invalid, void, voidable, unenforceable or illegal, such provision shall be deemed severable from the 9 remaining provisions of this Agreement. Such invalid, void, voidable, unenforceable or illegal provision shall not affect the remaining provisions of this Agreement so long as the material purposes of this Agreement can be determined and effected. F. Transfer and Assignments. Carrier shall not assign or otherwise transfer all or any part of its interest, rights, and duties in this Agreement, or sublet the area licensed hereunder or any portion thereof to be occupied by anyone other than Carrier, without the City's prior written consent in each instance, which consent shall not be unreasonably withheld, conditioned, or delayed. Any transfer that is not in compliance with this Section shall be void. Notwithstanding the foregoing, Carrier may, without the consent of City assign this Agreement, any Small Wireless Facility Permit, and/or related permits to any entity which (i) shall Control, be under the Control of, or be under common Control with Carrier; (ii) is a successor to Carrier either by merger or other consolidation of Carrier; or (iii) acquires all or substantially all of the Carrier’ assets in the market defined by the FCC in which the Facilities are located, provided that such entity is bound by all of the terms and conditions of this Agreement. Carrier shall provide the City notice of any such assignment within a reasonable period of time after the consummation thereof. G. Force Majeure. No failure by a Party to perform its obligations in accordance with this Agreement shall be deemed a material breach or grounds for termination if such failure to perform occurred as a result of circumstances beyond such Party's reasonable control as described below. Further, the time for performance of any duties or obligation of City or Carrier shall be extended for the period during which performance was delayed or impeded due to causes beyond such Party's control, including but not limited to strikes, lockouts, labor disputes, supply shortages, utility outages, cable dig-up by third party, civil disorders, actions of governmental authorities, actions of civil or military authority, national emergency, insurrection, riots, war, acts or threats of terrorism, acts of God, fire, floods, epidemics, freight embargoes or other causes beyond the reasonable control of the party required to perform an act, the Party shall be excused from performing that act for a period equal to the period of the preventing circumstance or delay. If Carrier or City claims the existence of a circumstance preventing performance, upon written demand for performance, the Party claiming the delay shall notify the other Party in writing of that fact within thirty (30) days after the beginning of any such circumstance. Economic hardship, misfeasance, or malfeasance of a Party's directors, officers, employees, council, officials or agents shall not be considered as a condition beyond the fault or control of the defaulting Party. H. Confidentiality. The City shall make accepted Applications publicly available in accordance with the New York State Freedom of Information Law, provided however that the City will redact or withhold from disclosure such portions of the Application materials that constitute trade secrets exempt from disclosure under Public Officers Law § 87(2)(d), including but not limited to the GIS and location data required under Section III. I. No Waiver. None of the material provisions of this Agreement may be waived or modified except expressly in writing signed by the Parties hereto. Failure of either Party to require the performance of any term in this Agreement or the waiver by either Party of any breach thereof shall not prevent subsequent enforcement of this term and shall not be construed or deemed a waiver of any subsequent breach. J. Authority to Execute. Any individual executing this Agreement on behalf of a Party represents and warrants that he or she is duly authorized to execute and deliver this Agreement on behalf of such Party, and this Agreement is binding upon such Party in accordance with its terms. K. Notices. All notices required or permitted to be given to either Party under this Agreement shall be in writing by mail to the following addresses. The Parties may change their contact information at any time by written notice. i. Notices to the City: Office of the Corporation Counsel 10 City Hall Room 106 24 Eagle Street Albany, New York 12207 Chief Planning Official of the City of Albany Department of Planning & Development 200 Henry Johnson Blvd, First Floor, Suite #3 Albany, New York 12210 ii. Notices to Carrier: Cellco Partnership d/b/a Verizon Wireless 180 Washington Valley Road Bedminster, New Jersey 07921 Attention: Network Real Estate IN WITNESS THEREOF, the Parties hereby bind themselves legally to the terms and conditions set forth in this Agreement, as evidenced by the signature of their duly authorized representatives. CITY OF ALBANY CELLCO PARTNERSHIP D/B/A VERIZON WIRELESS ______________________________ _______________________________ Name: Katherine M. Sheehan Name: Title: Mayor Title: Date:__________________________ Date:__________________________ 11 Exhibit A 12 CITY OF ALBANY FOR STAFF USE ONLY N E WP Y OD R K RSP-SWF#: Date: D EPARTMENT OF LANNING AND EVELOPMENT 200 HENRY JOHNSON BOULEVARD | ALBANY, NEW YORK 12210 REVOCABLE SIDEWALK PRIVILEGE APPLICATION – SMALL WIRELESS FACILITY Part 1. Applicant Information Applicant Name: Mailing Address: Email: Telephone Number: Part 2. Authorized Agent Information Agent Name: Mailing Address: Email: Telephone Number: Part 2. Description of Work (Please include a detailed description and scaled drawings or plans of the work for all RSPs sought. Identify any antennas and/or structures to be installed, the size and depth of any proposed excavation, existing conditions and a proposed traffic plan): Value of Work (Label & Materials): Part 3. Location GPS Coordinates: Nearest Street Address: Closest Intersection: Part 4. Facility Information Type of Pole: ☐ Utility Pole ☐ Other _________________________________ Owner of Pole or Attachment Infrastructure: Name of Owner Representative: Mailing Address: Email: Telephone Number: Type of Installation: ☐ Existing Pole ☐ Replacement Pole ☐ New Pole ☐ Equipment Cabinet Size of Proposed Antenna(s) (cb ft): New Structure (Yes/No): Colocation (Yes/No): Existing Structure Height (ft.): Proposed Structure Height (ft.): Proposed Height to Top of Installation (ft.) Height of Adjacent Structures (ft.): Describe proposed camouflage techniques for all antennae or any new or replacement poles: Revocable Street Privilege Application October 2017 Page 1 of 4 Part 5: Disturbance and Impacts Right-of-Way Impacts: ☐ Driveway ☐ Street ☐ Sidewalk ☐ Parkway ☐ Alley ☐ Metered Parking ☐ Asphalt ☐ Concrete ☐ Brick Payers ☐ Gravel ☐ Grass ☐ Decorative Stone ☐ Curb ☐ Curb and Gutter Existing Surface Materials Impacted: ☐ Other (Specify) _____________________________ ☐ Water ☐ Sewer ☐ Gas ☐ Electric ☐ Cable/Phone ☐ Drainage/Culvert ☐ Traffic Signal ☐ Street light Utilities Impacted: ☐ Other (specify) ________________________ ☐ Landscaping ☐ Trees ☐ Irrigation ☐ Signs ☐ Fire Hydrants ☐ Parking Meter Other Impacts Impacted: ☐ Other (specify) ________________________ Part 6: Applicant Signature Applicant Signature: Date: Applicant acknowledges they will maintain liability insurance of $1,000,000 naming the City of Albany as an additional insured, at all times while the revocable street privilege is in effect. Initials:_____________ General Rules for Small Wireless Facilities 1. Following is the order of preference for Small Wireless Facility location: 1. Existing telephone or electrical lines between existing utility poles. 2. Existing Utility Poles (electric poles or telephone poles) 3. Municipal Service Poles:  Non‐decorative street lights with a height of more than 20 feet.  Traffic signal structures  Street signage  Other municipal Service pole 4. New Support Poles shall be the least preferred type of allowed facility. 2. Ground equipment should be minimal and the least intrusive. 3. Applicant or provider may be required to provide a statement of the coverage or capacity gaps or deficiencies within the wireless carrier’s system, and how the installation of the small wireless facilities as proposed would address those coverage or capacity gaps or deficiencies. 4. Applicant or provider shall disclose the total number of small wireless facility installations that it will seek within the City and provide a map generally depicting the locations within the City of anticipated small wireless facility installations. 5. GPS Coordinates in decimal degrees must be accurate up to 6 decimal places. 6. If the proposed installation is located in a Historic District additional requirements may be necessary for the design/concealment in accord with Certificate of Appropriateness guidelines set forth in 375-2 of the City Code. 7. Plans shall be to scale specifying the location of the proposed facility within the ROW. If the facility is located upon an existing utility structure, the location of the existing structure and all dimensions and structures within 300 feet, shall be shown. If antennae are located thereon, show them. 8. Elevation drawing shall provide dimensions of all antennas and equipment and the distances of each from the top of any structures upon which they are located shall also be shown. 9. This application is also to be used for maintenance, upgrades or any equipment alterations or relocations. 10. Camouflaging of all antennae and any new or replacement poles is mandatory. Applicant shall set forth and provide all proposed camouflage techniques for each and every deployment as part of any application. 11. The City retains the right to reject incomplete applications, including all applications for all permits required for deployment and/or Revocable Street Privilege Application October 2017 Page 2 of 4 applications for alterations or upgrades to an existing wireless telecommunications facility that is currently operating without the benefit of required City approvals and/or a valid operating permit until all required approvals and/or licenses are issued/obtained and the wireless telecommunications facility is Code compliant. 12. Applicant shall provide complete information on all forms. Do not leave any item blank. Incomplete applications will not be accepted for filing. 13. Pubic property shall not be altered in any way during the term of the Revocable Street Privilege. At the expiration of the term of the permit, all City-owned property shall be returned to the City in good condition, except for damage by the elements. 14. If requested, applicant shall provide a copy of the agreement between the applicant and the owner of the site which authorizes the use of the site as a location for the proposed wireless telecommunications facility. Notification Requirement 1. Applicant shall provide notification, in a format acceptable to the City, that an application has been submitted for review to all affected property owners within a 100-foot radius of the proposed installation. The notification must be post marked within 7 days of the submission of the application. 2. Proof of notification to be submitted shall include: a. A map showing a 100‐foot buffer drawn around the proposed pole, with the parcels identified; b. A copy of the letter that was mailed out to those property owners; and c. A list of mailing addresses of those property owners Insurance and Liability Requirements 1. Proof of Insurance shall be submitted by the carrier licensed by the Federal Communications Commission (FCC) and each contractor, as follows: a. Proof of Commercial General Liability insurance with completed operations, to which the City of Albany has been added as additional insured; b. Certificates or affidavits approved by the State Workers' Compensation Board pursuant to State Workers' Compensation Law § 57 (2) evidencing proof of workers' compensation insurance or proof of the applicant not being required to secure same; and c. Certificates or affidavits approved by the State Workers' Compensation Board pursuant to State Workers' Compensation Law § 220 evidencing proof of disability benefits insurance or proof of applicant not being required to secure same. 2. Applicant shall provide an original and two copies of a cash deposit or bond from a surety company that is both an admitted carrier in the State of New York and has a Best's Rating of B- or better, or a Best's rating of 4 or better. a. The cash deposit or bond must be in an amount equal to 200% of the estimated cost of removing any wireless facility; in the event that the site is abandoned, and there are costs incurred by the City or property owner in restoring the site to its prior condition. b. In the event that a penalty is assessed, the Commissioner of DGS or the Comptroller may deduct the amount of such penalty from the cash deposit. c. The applicant shall maintain the required cash deposit or bond at all times. d. For alterations and upgrades, a copy of the original bond filed with the City and a verification that the bond is still in full force and effect from the surety shall be required. Fee Schedule Review Fee $500* Per application, up to five (5) sites $100* Per site / application thereafter Annual User Fee $270 Per location *Additional Professional Consultant Review Fee may also apply Revocable Street Privilege Application October 2017 Page 3 of 4 Submittal Requirement Checklist Electronic Submission (.pdf) Required Documents Hard Copies (Required Document Name) A. Required for All Applications ☐ Completed Revocable Sidewalk Privilege Application 1 Revocable Sidewalk Privilege Application ☐ Completed Building Permit Application 1 Building Permit Application ☐ Completed Electrical Permit Application 1 Electrical Permit Application ☐ Completed Grading Permit Application (if applicable) 1 Grading Permit Application ☐ Completed ROW Tree trimming application (if applicable) 1 ROW Tree Trimming Application ☐ Completed Street Opening Permit Application 1 Street Opening Permit ☐ Photographs of Existing Conditions 1 Photographs Distance Analysis Exhibit to verify no other poles with small wireless ☐ facilities in that area 1 Distance Analysis Certification by a NY licensed professional engineer or other qualified person that the proposed facility will not cause interference with existing communication devices and that electromagnetic radiation levels at the ☐ proposed site are within any threshold levels that have been adopted by 1 Health and Interference Certification the FCC bearing the original signature of the professional responsible for the work. Any FCC licenses and approvals allowing the applicant to operate a wireless ☐ telecommunications facility. 1 FCC Licensing ☐ A location map to scale indicating the location of the proposed facility. 1 Location Map Survey, inclusive of affected areas of all affected rights-of-ways and ☐ immediately adjacent properties 1 Survey A site plan bearing the original seal and signature of a NY licensed engineer ☐ or other qualified NY licensed design professional. 1 Site Plan Elevations showing the height of all proposed antennas, equipment and ☐ supporting structures from ground level. 1 Elevations ☐ Construction drawings 1 Construction Drawings Full Environmental Assessment Form Part I and Visual Assessment ☐ Addendum, pursuant to the SEQRA. 1 FEAF ☐ Proof of Insurance naming the City of Albany as an additional insured 1 Proof of Insurance ☐ Bond or Cash Deposit 1 Bond or Deposit ☐ Proof of Notification 1 Proof of Notification ☐ Application fee – Payable to Treasurer, City of Albany B. Voluntary or Upon Request ☐ Approved Traffic Control and Pedestrian Safety Plan 1 Traffic Control Plan Proposed materials including the type and size of the proposed planters or ☐ landscaping sufficient to evaluate the impact to the right of way 1 Materials Description Revocable Street Privilege Application October 2017 Page 4 of 4 SMALL WIRELESS FACILITIES RIGHTS-OF-WAY ACCESS AGREEMENT BY AND BETWEEN THE CITY OF ALBANY AND NEW CINGULAR WIRELESS PCS, LLC The City of Albany, NY ("City"), a New York municipal corporation with its principal offices at 24 Eagle Street, Albany, New York 12207, and New Cingular Wireless PCS, LLC, A Delaware Limited Liability Company ("Carrier"), with its principal offices at 1025 Lenox Park Boulevard, NE, 3rd Floor, Atlanta, Georgia 30319 (telephone number 800-638-2822), hereby enter into this Wireless Facilities Rights-of-Way Access Agreement ("Agreement") effective as of the date last signed below (the "Effective Date"). The City and Carrier may collectively be referred to as “Parties,” or individually as a “Party.” WHEREAS, the City is authorized under Section 82-4 of the Code of the City of Albany and Section 20 of the N.Y. General City Law to grant and renew non-exclusive franchises for the installation, operation, and maintenance of telecommunications infrastructure on, beneath, above, and within the public rights-of-way within the City; and WHEREAS, it is the practice of the City to permit such use of the streets and public rights-of- way for the provision of telecommunications service providers, subject to the duty and authority of the City to manage its streets, public property, and rights-of-way for public use, and to require fair and reasonable compensation for the use thereof in a manner consistent with applicable law; and WHEREAS, Carrier is licensed by the Federal Communications Commission (“FCC”) to operate throughout the State of New York to provide telecommunications services and seeks to deploy Small Cell Wireless Facilities within the City Rights of Way; and WHEREAS, Carrier desires to obtain from the City, as permitted by law, and the City desires to grant to Carrier a non-exclusive license to access, use, and occupy the public rights-of-way within the City for the purpose of constructing, installing, maintaining, repairing, operating, replacing and removing equipment and facilities related to the placement of Small Wireless Facilities, in a manner consistent with this Agreement; NOW, THEREFORE, AND IN CONSIDERATION of mutual covenants and conditions set forth herein, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties hereby agree as follows: SECTION I. DEFINITIONS A. “Aesthetic Standards” means such standards as may be published from time to time by the CPO, which shall set forth rules and regulations for the siting and construction of Small Wireless Facilities within the City ROW. B. “Agreement” means this Agreement, together with any exhibits, amendments, or modifications. C. “Applicable Law” or “Law” means all federal, state, and local laws, statutes, codes, ordinances, resolutions, orders, rules, and regulations. D. "CPO" means the Chief Planning Official of the City of Albany, as that term is defined in the City of Albany Unified Sustainable Development Ordinance. E. “Collocate” means to attach, install, mount, maintain, modify, operate, and/or place one or more Facilities on an existing support structure. F. “Deployment” means the construction, repair, replacement, maintenance, attachment, installation, removal, reattachment, reinstallation, relocation, and/or operation of Facilities within the City ROW. G. “Equipment” means the radios, antennas, transmitters, and other wireless transmission or transport devices attached, mounted, or installed in the City ROW, including but not limited to control boxes, fiber optic and other cables, wires, conduit, power sources, 1 grounding equipment, battery backup and other equipment, structures, and appurtenances which may be installed, maintained, operated and/or used for the purpose of Small Wireless Facilities Deployments. This definition shall include new types of telecommunications equipment that are substantially similar to Small Wireless Facilities existing as of the Effective Date of this Agreement, or that have reduced or less adverse impacts on the City ROW with respect to size, coverage/spacing requirements, and general physical characteristics. H. “Facility” or “Facilities” means any and all Equipment and installations of any kind owned and/or controlled by Carrier that are reasonably necessary and appropriate for the provision of Services. I. “FCC” means the Federal Communications Commission of the United States. J. "FCC Wireless Infrastructure Order" means the Declaratory Ruling issued by the FCC on September 27, 2018 in WT Docket Nos. 17-79 and 17-84 (FCC 18-133, 33 FCC Rcd 9088). K. “License” means the non-exclusive right granted by the City, subject to this Agreement, to Carrier to construct and maintain its Small Wireless Facilities on, over, under, upon, across, and/or along the City ROW. L. “Person” means any natural or corporate person, business association or business entity, including, but not limited to, an individual, a partnership, a sole proprietorship, a political subdivision, a public or private agency or any kind, a utility, a successor or assign of any of the foregoing, or any other legal entity. M. “Pole” means a structure, such as a utility, lighting, traffic, or similar pole made of wood, concrete, metal or other material, located or to be located within the City ROW. The term includes the vertical support structure for traffic lights but does not include a horizontal structure to which signal lights or other traffic control devices are attached, unless the CPO grants a waiver for such pole. N. “Radiofrequency Emissions” or “RF Emissions” means electromagnetic energy including radio waves and microwaves that are transmitted or received by Facilities. O. “Rights-of-Way” or “ROW” means the space in, upon, above, under, along, across, and over the public streets, roads, highways, sidewalks, and public ways owned or controlled by and under the jurisdiction of the City, as the same now or may hereafter exist. This term shall not include: (a) any county, state, or federal ROW; (b) public utility easements, whether owned by the City or others, except as provided by applicable Laws or pursuant to any agreement between the City and any such person or entity; or (c) any property owned by the City that is not a public street, road, highway, sidewalk, or other public way, such as parks, City buildings, and property on which City buildings are located. P. “Services” means any telecommunications service provided by means of the Facilities installed by Carrier in accordance with this Agreement, for which Carrier holds a valid authorization issued by the FCC; or the leasing, operation, or maintenance of the same by Carrier in accordance with this Agreement. “Services” do not include cable service or open video services. Q. “Small Wireless Facility” means a Facility that meets the definition of “Small Wireless Facility” set forth in 47 CFR § 1.6002. The term “Small Wireless Facility” includes associated Equipment and Facilities as defined in this Agreement, but does not include Support Structures to which such Equipment and Facilities are attached. R. “Small Wireless Facility Permit” means the authorization granted after review and approval by the CPO of an application for a Small Wireless Facility. S. "Support Structure" means a structure to which a Small Wireless Facility is or may be attached. SECTION II. GRANT OF ACCESS AND OCCUPANCY RIGHTS A. The City hereby grants to Carrier a non-exclusive License to enter upon and use the City ROW for the purpose of construction, operation, and maintenance of Small Wireless 2 Facilities. B. The City expressly reserves the right, in its own name, to use and occupy the City ROW, and to grant such other non-exclusive licenses to use and occupy the City ROW as may be deemed in the public interest. C. Carrier shall be solely responsible for any and all costs and expenses related to its use of the City ROW for the deployment of Small Wireless Facilities. Carrier shall also be solely responsible for obtaining any and all real property easements, rights-of-way, permissions, and consents from third-parties, as may be required, in order to access and use the City ROW for its Small Wireless Facilities. D. Carrier shall be subject to all applicable laws that may apply to the Small Wireless Facilities and that may affect, without limitation, their placement, location, and operation within the City ROW. E. This Agreement does not grant Carrier any property interest in the City ROW. The License granted herein is not divisible, and Carrier may not grant any person the right to use or occupy the City ROW, except as set forth herein. F. Carrier warrants that its Small Wireless Facilities shall be maintained in good operating condition, as consistent with applicable laws and generally accepted industry standards. SECTION III. EQUITY AGENDA A. Carrier acknowledges the City's Equity Agenda, codified in Chapter 183 of the City Code, and supports the City's the desire to prioritize wards that have lower levels of service. Carrier will not unduly discriminate against any underserved wards. B. Within 30 days after the Effective Date, Carrier shall submit to the CPO a non-binding Initial Deployment Plan, which shall describe the number and general location of Small Wireless Facilities that Carrier expects to deploy during the term of this Agreement, and Carrier shall thereafter submit updated Deployment Plans at its discretion or upon request of the CPO. The purpose of such Deployment Plans is to: (a) provide information regarding key indicators to support the City in implementing the Equity Agenda; (b) to allow the City to estimate staffing needs to support Carrier's expected Deployment Plan; (c) and to allow the City to identify geographic locations where multiple carriers may be planning to deploy Small Wireless Facilities. C. The City encourages Carrier to invest in community engagement efforts throughout the City of Albany to encourage public support for its Small Wireless Facilities and to promote universal access to essential communications technology. SECTION IV. SMALL WIRELESS FACILITY PERMIT SUBMITTAL AND REVIEW A. The CPO shall provide a pre-application review at Carrier's request, to ensure that Carrier's proposed locations are in compliance with all applicable laws and consistent with the Aesthetic Standards. B. Carrier shall submit a Small Wireless Facility Permit Application to the CPO for each proposed Small Wireless Facility using the form titled “Revocable Sidewalk Privilege Application – Small Wireless Facility,” as may be amended from time to time by the CPO. C. The Application shall comply with the requirements and directions specified on the "Revocable Sidewalk Privilege Application – Small Wireless Facility" application form, a copy of which is attached hereto as Exhibit A. The CPO shall provide notice to Carrier within 10 days of any changes made to this form. D. In addition to obtaining a Small Wireless Facility Permit, Carrier may be required to obtain additional generally applicable permits, including but not limited to the following: (a) building permit; (b) electrical permit; (c) grading permit; (d) tree trimming application; (e) street opening permit; (f) sidewalk barricade permit; and/or (g) certificate of appropriateness. 3 E. The CPO may propose alternate locations to those requested in the Small Wireless Facility Application, provided that such locations are acceptable to Carrier from a technical and constructability perspective and are similar in cost. The CPO may also require that Small Wireless Facilities are placed at a location so as to minimize impacts on adjoining property owners and other users of the City ROW. F. The CPO shall review each Small Wireless Facility Application on an expedited basis so as to comply with the shot clocks set forth in the FCC Wireless Infrastructure Order. The CPO shall evaluate and approve or deny Small Wireless Facility Applications on a competitively neutral basis, with no unreasonable discrimination among similarly situated applicants and installations. G. Within the time allowed under the shot clocks for approval or denial of a Small Wireless Facility Application, the CPO shall issue a written decision that either approves, approves with conditions, or denies the requested Small Wireless Facility Permit, with the reasons for such decision set forth in written findings. H. In the event that an application is denied, Carrier may appeal such denial within 30 days to the City of Albany Board of Zoning Appeals pursuant to the appeal procedure set forth in section 375-5(D)(12)(b) of the City of Albany Unified Sustainable Development Ordinance. I. An application may be approved for any of the following Small Wireless Facility uses: i. Collocation on an existing City-owned Support Structure; ii. Collocation on an existing Support Structure not owned by the City, provided that Carrier has submitted sufficient proof of permission from the owner thereof; iii. Collocation on a City-owned Support Structure following the replacement of such Support Structure, provided that: (1) Carrier shall be solely responsible for all costs and expenses related to such replacement; (2) the replacement Support Structure shall be designed to match as closely as feasible the existing City- owned Support Structure with regard to size, color, materials, etc.; and (3) Carrier shall not retain any ownership rights in the Support Structure following its replacement; iv. Collocation on a Support Structure not owned by the City following the replacement of such Support Structure, provided that Carrier has submitted sufficient proof of permission from the owner thereof, and provided that: (1) the City shall not be responsible for any costs and expenses related to such replacement; (2) the replacement structure shall be designed to match as closely as feasible to the existing Support Structure with regard to size, color, materials, etc.; or v. Installation of a new Support Structure where, as determined by Carrier in consultation with the CPO, no other existing Support Structure in the City ROW can be used for Collocation and provided that, where feasible, such Support Structure is designed in a manner that can accommodate at least one additional small wireless facility. J. An Application may be denied on the following grounds: i. Subject to the applicable FCC Shot Clock, the Application is materially incomplete; ii. The Small Wireless Facility would materially interfere with vehicular and pedestrian safety; iii. The Small Wireless Facility would be in violation of the City of Albany Unified Sustainable Development Ordinance or Aesthetic Standards; iv. The Small Wireless Facility would interfere with the City’s obligations under the Americans with Disabilities Act; or v. Any other violation of law or substantial and material adverse impact to the public health, safety, or general welfare. SECTION V. CONSTRUCTION AND MAINTENANCE 4 A. Carrier shall be responsible for coordination of its construction and maintenance work with the CPO to avoid any interference with existing utilities, substructures, facilities, street light operations, or other existing uses of the City ROW. Carrier shall comply with all City construction regulations, including, but not limited to construction hours, waste management, noise abatement, and traffic and parking regulations. B. Carrier shall install and perform all work on Small Wireless Facilities in strict compliance with its approved Permits and in a diligent, skillful, and workmanlike manner. No later than 7 days before commencing installation of a Small Wireless Facility, Carrier shall provide to the CPO a schedule of construction activities and a list of the names, places of business, and license numbers of all contractors who will perform the work. Carrier shall be responsible for ensuring that all contractors and subcontractors comply with the requirements of this Agreement and applicable law when performing work on behalf of Carrier. C. Carrier shall be solely responsible for establishing electrical power to its Small Wireless Facilities, which shall be metered or otherwise charged separately from any other City or utility infrastructure located in the City ROW, and Carrier shall be solely responsible for the payment of electrical utility charges for the Small Wireless Facility. Drawings and specifications for any power supply routing shall be provided to the CPO upon request. D. After performing construction or maintenance work or any other modification, Carrier shall leave the City ROW in the same condition as it was before the work. Carrier shall be solely responsible if such work disturbs or alters any utility infrastructure in the City ROW or any City street or sidewalk, and Carrier shall at its own expense restore such utility infrastructure or City street or sidewalk to its original condition. If Carrier does not perform such restoration within 30 days, the City shall have the option upon 10 days prior written notice, or sooner if required to protect or preserve public health or safety, to perform or cause to be performed such restoration work and to charge Carrier for the costs incurred by the City at the City’s standard rates. Carrier shall promptly reimburse the City for any such costs within 45 days of its receipt of a demand for payment containing a sufficiently detailed invoice or list of charges. E. If the installation of a Support Structure results in the creation of a double pole, Carrier shall cooperate in good faith with the City’s efforts, if any, to eliminate the double pole. Such efforts may include, but are not limited to, cooperation to relocate attachments owned or operated by other entities from the original pole to the new pole. F. Carrier shall not be required to obtain prior City approval for maintenance and repairs that are: (i) necessary to maintain the structural integrity of a Support Structure; (ii) required to address an emergency; or (iii) limited to the repair, replacement, modification, or installation of internal components; (iv) or the replacement or upgrade of Equipment with new components that are substantially similar to the original with respect to color, size, and other aesthetic qualities and do not require any structural modifications to the Support Structure. All other maintenance and repairs or other modifications to a Small Wireless Facility shall require Carrier to submit a Small Wireless Permit Application as if applying for an initial installation of Small Wireless Facilities. SECTION VI. TERM OF AGREEMENT AND SMALL WIRELESS FACILITY PERMITS A. This Agreement shall commence upon the Effective Date and have an initial term of five years. The term of this Agreement shall thereafter be subject to three automatic three year extensions. B. Carrier may terminate this Agreement at any time, upon 90 days written notice. C. The City may terminate this Agreement upon any material violation or breach by Carrier. The City shall give Carrier a reasonable time to cure any such material violation or breach, provided that it shall be no less than 30 days and no more than 120 days. D. Each Small Wireless Facility Permit granted under this Agreement shall be valid for as 5 long as this Agreement remains in effect or for ten years, whichever is longer; provided, however that installation of each Small Wireless Facility shall commence within twelve months and be completed no later than fifteen months from approval of the Small Wireless Facility Permit, and failure to comply with this requirement shall result in the expiration of the Permit except to the that the CPO may grant an extension of up to 120 days. SECTION VII. REMOVAL AND/OR RELOCATION OF SMALL WIRELESS FACILITIES A. Carrier acknowledges that the City, upon 90 days' written notice, may require Carrier to relocate all or a portion of any Small Wireless Facility to an alternative location made available by the City and acceptable to Carrier, at the sole cost and expense of Carrier, if the City determines, in its reasonable discretion, that the relocation is needed to facilitate the use of the ROW for municipal purposes directly related to the public health, safety, or general welfare. Should Carrier fail to relocate any such Small Wireless Facility by the date established by the City, the City may remove such Small Wireless Facility and the expense thereof shall be paid by Carrier within 30 days, including all expenses incurred by the City due to Carrier’s delay. The City and Carrier shall cooperate to the extent possible to assure continuity of service during any such relocation, and the City shall use reasonable efforts to afford Carrier a reasonably equivalent alternative location. B. If the City should reasonably determine that it is necessary in response to any public welfare or safety emergency that threatens imminent personal injury or property damage, the City may temporarily or permanently disconnect or remove any Small Wireless Facility within the City ROW. In cases of emergency, the City shall provide such notice as is practicable under the circumstances. C. Carrier shall notify the City upon terminating operation of any Small Wireless Facility and shall remove such Small Wireless Facility within 30 days. D. Upon termination or expiration of Small Wireless Facility Permits granted pursuant to this Agreement, Carrier shall have 90 days to remove such Small Wireless Facility and restore any disruptions to the City ROW, except to the that the CPO may grant an extension of up to 30 days to vacate the property. SECTION VIII. FEES AND CHARGES A. The following non-recurring fees are required for each Small Wireless Facility and shall be due upon application submission: i. For collocations or facilities mounted on an existing or replacement Support Structure - $500.00 for a batch of five and $100.00 for each additional facility. ii. For new pole placements - $1,000.00. B. The following annual fees are required for each Small Wireless Facility: i. For collocations or facilities mounted on an existing or replacement Support Structure - $135.00 per year ii. For new pole placements - $270.00 per year C. The first year's annual fee shall be due within 90 days of when the installation is complete and shall not be prorated, regardless of the date of such completion. For each subsequent year, the annual fee shall be due on or before January 31. D. The City shall provide Carrier a completed, current Internal Revenue Service Form W-9 and state and local withholding forms if required. E. In the event that any Federal, State or County legislative, regulatory, judicial, or other action affects the rights or obligations of the Parties, or establishes rates, terms or conditions for the construction, operation, maintenance, repair or replacement of Small Wireless Facilities in the City ROW that differ in any material respect from the terms of this Agreement (“New Law”), then either Party may, upon 30 days written notice, 6 require that the fees required under this section be renegotiated to conform to the New Law. Such fees shall then apply on a going forward basis for all existing and new Small Wireless Facilities, unless the New Law requires retroactive application, in which case such new fees shall apply retroactively. In the event that the Parties are unable to agree upon new terms within 90 days after notice of such New Law, then any fees specified in the New Law shall apply from the 90th day forward until the negotiations are completed or otherwise determined by a court of competent jurisdiction. SECTION IX. ADDITIONAL PROVISIONS A. Carrier's Small Wireless Facilities must comply with all applicable standards and regulations of the FCC and any other applicable State or federal government agency with the authority to regulate exposure to RF emissions, and Carrier shall defend, indemnify, and hold harmless the City and its employees and agents against any damages arising from any violation by Carrier of any such laws during the performance of this Agreement. The City reserves the right to conduct at its sole expense on-site post- installation RF emissions testing. B. Consistent with applicable Laws, Carrier shall ensure that its Small Wireless Facilities will not cause RF interference with wireless communication facilities or devices, cable television, broadcast radio or television systems, or satellite broadcast systems existing at the time of installation of its Small Wireless Facilities. Carrier shall further ensure that its Small Wireless Facilities will not cause any RF interference with traffic, public safety, or other communications signal equipment existing at the time of installation of its Small Wireless Facilities. The City shall include substantially similar interference language in all future right-of-way access agreements for Small Wireless Facilities to ensure Carrier is protected from RF interference. C. Carrier shall maintain accurate maps and other appropriate records of its Small Wireless Facilities, including GIS location and information data, and such information shall be provided to the City upon the CPO's request, no more than one time per year. All location and information data provided to the City under this section shall be GIS compatible and shall include the following information on Carrier's Small Wireless Facilities and Equipment: Site Name; Site Address; Site coordinates; Site Technology Type (e.g., 4G or 5G); Site Status; and Inservice Activation Date. The City shall treat such location and information data as confidential trade secrets exempt from disclosure under the Freedom of Information Law, Public Officers Law § 87(2)(d). D. Nothing in this Agreement, shall be deemed to grant, convey, create, or vest in Carrier any real property interest in any portion of the City ROW or any other City property, including but not limited to, any fee, leasehold or easement interest in any land; provided, however, that this Agreement may, subject to applicable laws, create an interest subject to taxation and that Carrier, its successor, lessee or assign may be subject to the payment of such taxes. SECTION X. INDEMNIFICATION, INSURANCE, ETC. A. The City and its employees and agents shall not be liable for injury or damage to any persons or property resulting from the installation, operation, maintenance, repair, and/or removal of Small Wireless Facilities within the City's right of way, including but not limited to diminution in the value of any property, damages for loss or restriction of use of the City's right of way, damages arising from any use, storage, release, or disposal of hazardous materials and/or substances, and damages arising from any interruption of services of the small wireless facilities. To the extent permitted by law, Carrier releases, covenants not to bring suit, and agrees to indemnify, defend, and hold harmless the City, its officers, employees, agents, and representatives, from any and all such claims, costs, damages, judgments, awards, and/or liability for injury or death of any person, or damage to property to the extent caused by or arising out of any acts or omissions of Carrier, its agents, officers, employees, and contractors in the performance of this 7 Agreement and/or the installation, operation, maintenance, repair, and/or removal of small wireless facilities except to the extent such claims or damages may be due to or caused by the negligence or willful misconduct of the City, its employees, boards, commissions, departments, officers, and agents. This indemnification shall survive the termination or expiration of this License. B. The City shall give prompt written notice to Carrier of any claim for which the City seeks indemnification. Carrier shall have the right to investigate these claims with prompt notice to the City Corporation Counsel. Carrier shall not settle any claim subject to this Section without the consent of the City, unless the settlement (i) will be fully funded by Carrier, and (ii) does not contain an admission of liability or wrongdoing by any indemnified party. Any required consent shall not be unreasonably withheld, delayed or conditioned. To the extent permitted by law, the City releases, covenants not to bring suit, and agrees to indemnify, defend, and hold harmless Carrier, its officers, employees, agents, and representatives, from any and all such claims, costs, damages, judgments, awards, and/or liability for injury or death of any person, or damage to property to the extent caused by or arising out of any acts or omissions of the City, its agents, officers, employees, and contractors in the performance of this Agreement. C. Notwithstanding any provision to the contrary, in no event shall either Party be liable to the other in contract, tort, under any statute, warranty, provision of indemnity or otherwise, for any special, indirect, incidental, or consequential, punitive, or exemplary damages suffered by the other Party or any customer or third party or any other person for lost profits or other business interruption damages of such Party’s customers, advertisers, users, clients, licensees, concessionaires, or any other person, firm, or entity, and the Parties agree to indemnify and hold each other harmless in such regard. D. Carrier acknowledges that the City has made no warranties or representations regarding the fitness, availability or suitability of any City Facilities or Utility Infrastructure for the installation of Small Wireless Facilities, or for any other activities permitted under this Agreement, and that except as expressly provided in this Agreement, any performance of work or costs incurred by Carrier in the deployment of Small Wireless Facilities contemplated under this agreement by Carrier is at Carrier’s sole risk. Except as otherwise expressly provided in this Agreement, Carrier on behalf of itself and its successors and assigns, waives its right to recover from, and forever releases and discharges, the City and its agents, and their respective heirs, successors, administrators, personal representatives, and assigns, from any and all claims, whether direct or indirect, known or unknown, foreseen and unforeseen, that may arise on account of or in any way be connected with the physical or environmental condition of the City facilities and utility infrastructure located in the City ROW except to the extent such claims or damages may be due to or caused by the negligence or willful misconduct of the City, its employees, boards, commissions, departments, officers, and agents. The City agrees: (i) to allow Carrier to investigate the location of City Facilities and Utility Infrastructure (provided permission from the utility is first obtained); and (ii) to work cooperatively with Carrier to facilitate the investigation of City facilities and utility infrastructure under consideration as a location for a Small Wireless Facility, for the possible presence of lead-based paint, asbestos, or other hazardous substances (as that term may be defined under applicable laws), or to identify physical or structural deficiencies. The City agrees to comply with applicable federal, state and local laws with respect to the ongoing maintenance of any City-owned Support Structures. Carrier shall be responsible to maintain any of its Facilities located thereon. E. Carrier shall maintain and keep in effect during the Term of this Agreement commercial general liability insurance, as per ISO form or equivalent, with a limit of $3,000,000 per occurrence for bodily injury and property damage and $4,000,000 general aggregate, insuring Carrier and including the City as an additional insured by endorsement as their interest may appear under this Agreement insuring against loss, damage, cost, expense or liability for damage to property or injury, illness, or death of person occurring or to the extent arising out of or resulting from Carrier’s use and occupancy of the City ROW 8 and the operations conducted thereon in connection with the Deployment of its Small Wireless Facilities. Carrier’s policy shall be primary and non-contributory with any insurance or program of self-insurance that may be maintained by the City. F. To ensure that the City will have some recompense if the Facilities are abandoned or result in other unexpected costs, Carrier agrees, prior to the commencement of any work under an approved Small Wireless Facilities Permit, to post a removal bond or bonds in the following amounts: an initial bond in the amount of $20,000.00, which shall cover the collocation of up ten (10) Small Wireless Facilities on existing or replacement Support Structures, and thereafter subsequent bonds in the amount of $20,000.00, which shall cover the collocation of ten (10) additional Small Wireless Facilities on existing or replacement Support Structures; and a bond in the amount of $10,000.00 for any new Support Structure. Such removal bonds shall be made payable to the City and shall be delivered to Corporation Counsel. Where Carrier submits a removal bond to National Grid pursuant to its terms of its Master Agreement, Carrier will provide a copy of that bond to the City. G. The City acknowledges that Carrier may enter into financing arrangements including promissory notes and financial and security agreements for the financing of the Equipment and Pole Placements (the "Collateral") with third party financing entities. In connection therewith, the City: (i) consents to the installation of the Collateral consistent with the other terms of this Agreement; (ii) disclaims any interest in the Collateral, as fixtures or otherwise; and (iii) agrees that the Collateral shall be exempt from execution, foreclosure, sale, levy, attachment, or distress for any Annual Fees due or to become due, and that such Collateral may be removed at any time consistent with the other terms of this Agreement without recourse to legal proceedings. SECTION XI. VALIDITY AND CONSTRUCTION OF AGREEMENT A. Entire Agreement. This Agreement states the entire agreement between the parties and supersedes all prior agreements and understandings, whether oral or written, between the parties with respect to the subject matter hereof, and may not be amended or modified except by a written instrument executed by the parties hereto. This Agreement contains the entire understanding of the parties with respect to the subject matter hereof. No waiver of any right or remedy hereunder shall be effective unless and until set forth in a writing delivered to the other party, and a waiver, forbearance or other failure to enforce any right or remedy on any given occasion or under any specified circumstance shall not be construed as, or have the effect of, a waiver of such rights or remedies on any other occasion or under any other circumstances. B. Binding Effect. This Agreement shall be binding upon and shall inure to the benefit of the Parties hereto and their respective successors and permitted assigns, and shall not be modified or amended except by an express written agreement signed by a duly authorized representative of both Parties. Nothing in this Agreement shall create or give to third parties any claim or right of action against the City or Carrier. C. Counterparts. This Agreement may be executed in any number of counterparts, each of which when executed and delivered shall be deemed an original, all of which together shall constitute the same instrument. Execution and delivery may be accomplished by facsimile or other electronic means. D. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of New York, without reference to its conflicts of laws principles, and, where applicable, federal law. In the event that any claim, complaint, or litigation is brought by either Party to this Agreement against the other for breach of this Agreement, or for an interpretation of this Agreement, each party shall bear its own costs, including legal fees and expenses. E. Severability. If one or more of the provisions in this Agreement are held by an agency or court of competent jurisdiction, in a final, non-appealable order, to be invalid, void, voidable, unenforceable or illegal, such provision shall be deemed severable from the 9 remaining provisions of this Agreement. Such invalid, void, voidable, unenforceable or illegal provision shall not affect the remaining provisions of this Agreement so long as the material purposes of this Agreement can be determined and effected. F. Transfer and Assignments. Carrier shall not assign or otherwise transfer all or any part of its interest, rights, and duties in this Agreement, or sublet the area licensed hereunder or any portion thereof to be occupied by anyone other than Carrier, without the City's prior written consent in each instance, which consent shall not be unreasonably withheld, conditioned, or delayed. Any transfer that is not in compliance with this Section shall be void. Notwithstanding the foregoing, Carrier may, without the consent of City assign this Agreement, any Small Wireless Facility Permit, and/or related permits to any entity which (i) shall Control, be under the Control of, or be under common Control with Carrier; (ii) is a successor to Carrier either by merger or other consolidation of Carrier; or (iii) acquires all or substantially all of the Carrier’ assets in the market defined by the FCC in which the Facilities are located, provided that such entity is bound by all of the terms and conditions of this Agreement. Carrier shall provide the City notice of any such assignment within a reasonable period of time after the consummation thereof. G. Force Majeure. No failure by a Party to perform its obligations in accordance with this Agreement shall be deemed a material breach or grounds for termination if such failure to perform occurred as a result of circumstances beyond such Party's reasonable control as described below. Further, the time for performance of any duties or obligation of City or Carrier shall be extended for the period during which performance was delayed or impeded due to causes beyond such Party's control, including but not limited to strikes, lockouts, labor disputes, supply shortages, utility outages, cable dig-up by third party, civil disorders, actions of governmental authorities, actions of civil or military authority, national emergency, insurrection, riots, war, acts or threats of terrorism, acts of God, fire, floods, epidemics, freight embargoes or other causes beyond the reasonable control of the party required to perform an act, the Party shall be excused from performing that act for a period equal to the period of the preventing circumstance or delay. If Carrier or City claims the existence of a circumstance preventing performance, upon written demand for performance, the Party claiming the delay shall notify the other Party in writing of that fact within thirty (30) days after the beginning of any such circumstance. Economic hardship, misfeasance, or malfeasance of a Party's directors, officers, employees, council, officials or agents shall not be considered as a condition beyond the fault or control of the defaulting Party. H. Confidentiality. The City shall make accepted Applications publicly available in accordance with the New York State Freedom of Information Law, provided however that the City will redact or withhold from disclosure such portions of the Application materials that constitute trade secrets exempt from disclosure under Public Officers Law § 87(2)(d), including but not limited to the GIS and location data required under Section III. I. No Waiver. None of the material provisions of this Agreement may be waived or modified except expressly in writing signed by the Parties hereto. Failure of either Party to require the performance of any term in this Agreement or the waiver by either Party of any breach thereof shall not prevent subsequent enforcement of this term and shall not be construed or deemed a waiver of any subsequent breach. J. Authority to Execute. Any individual executing this Agreement on behalf of a Party represents and warrants that he or she is duly authorized to execute and deliver this Agreement on behalf of such Party, and this Agreement is binding upon such Party in accordance with its terms. K. Notices. All notices required or permitted to be given to either Party under this Agreement shall be in writing by mail to the following addresses. The Parties may change their contact information at any time by written notice. i. Notices to the City: Office of the Corporation Counsel 10 City Hall Room 106 24 Eagle Street Albany, New York 12207 Chief Planning Official of the City of Albany Department of Planning & Development 200 Henry Johnson Blvd, First Floor, Suite #3 Albany, New York 12210 ii. Notices to Carrier: New Cingular Wireless PCS, LLC 1025 Lenox Park Blvd. NE 3rd Floor Atlanta, GA, 30319 With a copy to: New Cingular Wireless PCS, LLC Attn: Network Counsel 208 S. Akard Street Dallas, TX 75202-4206 IN WITNESS THEREOF, the Parties hereby bind themselves legally to the terms and conditions set forth in this Agreement, as evidenced by the signature of their duly authorized representatives. CITY OF ALBANY NEW CINGULAR WIRELESS PCS, LLC ______________________________ _______________________________ Name: Katherine M. Sheehan Name: Title: Mayor Title: Date:__________________________ Date:__________________________ 11 Exhibit A 12 CITY OF ALBANY FOR STAFF USE ONLY N E WP Y OD R K RSP-SWF#: Date: D EPARTMENT OF LANNING AND EVELOPMENT 200 HENRY JOHNSON BOULEVARD | ALBANY, NEW YORK 12210 REVOCABLE SIDEWALK PRIVILEGE APPLICATION – SMALL WIRELESS FACILITY Part 1. Applicant Information Applicant Name: Mailing Address: Email: Telephone Number: Part 2. Authorized Agent Information Agent Name: Mailing Address: Email: Telephone Number: Part 2. Description of Work (Please include a detailed description and scaled drawings or plans of the work for all RSPs sought. Identify any antennas and/or structures to be installed, the size and depth of any proposed excavation, existing conditions and a proposed traffic plan): Value of Work (Label & Materials): Part 3. Location GPS Coordinates: Nearest Street Address: Closest Intersection: Part 4. Facility Information Type of Pole: ☐ Utility Pole ☐ Other _________________________________ Owner of Pole or Attachment Infrastructure: Name of Owner Representative: Mailing Address: Email: Telephone Number: Type of Installation: ☐ Existing Pole ☐ Replacement Pole ☐ New Pole ☐ Equipment Cabinet Size of Proposed Antenna(s) (cb ft): New Structure (Yes/No): Colocation (Yes/No): Existing Structure Height (ft.): Proposed Structure Height (ft.): Proposed Height to Top of Installation (ft.) Height of Adjacent Structures (ft.): Describe proposed camouflage techniques for all antennae or any new or replacement poles: Revocable Street Privilege Application October 2017 Page 1 of 4 Part 5: Disturbance and Impacts Right-of-Way Impacts: ☐ Driveway ☐ Street ☐ Sidewalk ☐ Parkway ☐ Alley ☐ Metered Parking ☐ Asphalt ☐ Concrete ☐ Brick Payers ☐ Gravel ☐ Grass ☐ Decorative Stone ☐ Curb ☐ Curb and Gutter Existing Surface Materials Impacted: ☐ Other (Specify) _____________________________ ☐ Water ☐ Sewer ☐ Gas ☐ Electric ☐ Cable/Phone ☐ Drainage/Culvert ☐ Traffic Signal ☐ Street light Utilities Impacted: ☐ Other (specify) ________________________ ☐ Landscaping ☐ Trees ☐ Irrigation ☐ Signs ☐ Fire Hydrants ☐ Parking Meter Other Impacts Impacted: ☐ Other (specify) ________________________ Part 6: Applicant Signature Applicant Signature: Date: Applicant acknowledges they will maintain liability insurance of $1,000,000 naming the City of Albany as an additional insured, at all times while the revocable street privilege is in effect. Initials:_____________ General Rules for Small Wireless Facilities 1. Following is the order of preference for Small Wireless Facility location: 1. Existing telephone or electrical lines between existing utility poles. 2. Existing Utility Poles (electric poles or telephone poles) 3. Municipal Service Poles:  Non‐decorative street lights with a height of more than 20 feet.  Traffic signal structures  Street signage  Other municipal Service pole 4. New Support Poles shall be the least preferred type of allowed facility. 2. Ground equipment should be minimal and the least intrusive. 3. Applicant or provider may be required to provide a statement of the coverage or capacity gaps or deficiencies within the wireless carrier’s system, and how the installation of the small wireless facilities as proposed would address those coverage or capacity gaps or deficiencies. 4. Applicant or provider shall disclose the total number of small wireless facility installations that it will seek within the City and provide a map generally depicting the locations within the City of anticipated small wireless facility installations. 5. GPS Coordinates in decimal degrees must be accurate up to 6 decimal places. 6. If the proposed installation is located in a Historic District additional requirements may be necessary for the design/concealment in accord with Certificate of Appropriateness guidelines set forth in 375-2 of the City Code. 7. Plans shall be to scale specifying the location of the proposed facility within the ROW. If the facility is located upon an existing utility structure, the location of the existing structure and all dimensions and structures within 300 feet, shall be shown. If antennae are located thereon, show them. 8. Elevation drawing shall provide dimensions of all antennas and equipment and the distances of each from the top of any structures upon which they are located shall also be shown. 9. This application is also to be used for maintenance, upgrades or any equipment alterations or relocations. 10. Camouflaging of all antennae and any new or replacement poles is mandatory. Applicant shall set forth and provide all proposed camouflage techniques for each and every deployment as part of any application. 11. The City retains the right to reject incomplete applications, including all applications for all permits required for deployment and/or Revocable Street Privilege Application October 2017 Page 2 of 4 applications for alterations or upgrades to an existing wireless telecommunications facility that is currently operating without the benefit of required City approvals and/or a valid operating permit until all required approvals and/or licenses are issued/obtained and the wireless telecommunications facility is Code compliant. 12. Applicant shall provide complete information on all forms. Do not leave any item blank. Incomplete applications will not be accepted for filing. 13. Pubic property shall not be altered in any way during the term of the Revocable Street Privilege. At the expiration of the term of the permit, all City-owned property shall be returned to the City in good condition, except for damage by the elements. 14. If requested, applicant shall provide a copy of the agreement between the applicant and the owner of the site which authorizes the use of the site as a location for the proposed wireless telecommunications facility. Notification Requirement 1. Applicant shall provide notification, in a format acceptable to the City, that an application has been submitted for review to all affected property owners within a 100-foot radius of the proposed installation. The notification must be post marked within 7 days of the submission of the application. 2. Proof of notification to be submitted shall include: a. A map showing a 100‐foot buffer drawn around the proposed pole, with the parcels identified; b. A copy of the letter that was mailed out to those property owners; and c. A list of mailing addresses of those property owners Insurance and Liability Requirements 1. Proof of Insurance shall be submitted by the carrier licensed by the Federal Communications Commission (FCC) and each contractor, as follows: a. Proof of Commercial General Liability insurance with completed operations, to which the City of Albany has been added as additional insured; b. Certificates or affidavits approved by the State Workers' Compensation Board pursuant to State Workers' Compensation Law § 57 (2) evidencing proof of workers' compensation insurance or proof of the applicant not being required to secure same; and c. Certificates or affidavits approved by the State Workers' Compensation Board pursuant to State Workers' Compensation Law § 220 evidencing proof of disability benefits insurance or proof of applicant not being required to secure same. 2. Applicant shall provide an original and two copies of a cash deposit or bond from a surety company that is both an admitted carrier in the State of New York and has a Best's Rating of B- or better, or a Best's rating of 4 or better. a. The cash deposit or bond must be in an amount equal to 200% of the estimated cost of removing any wireless facility; in the event that the site is abandoned, and there are costs incurred by the City or property owner in restoring the site to its prior condition. b. In the event that a penalty is assessed, the Commissioner of DGS or the Comptroller may deduct the amount of such penalty from the cash deposit. c. The applicant shall maintain the required cash deposit or bond at all times. d. For alterations and upgrades, a copy of the original bond filed with the City and a verification that the bond is still in full force and effect from the surety shall be required. Fee Schedule Review Fee $500* Per application, up to five (5) sites $100* Per site / application thereafter Annual User Fee $270 Per location *Additional Professional Consultant Review Fee may also apply Revocable Street Privilege Application October 2017 Page 3 of 4 Submittal Requirement Checklist Electronic Submission (.pdf) Required Documents Hard Copies (Required Document Name) A. Required for All Applications ☐ Completed Revocable Sidewalk Privilege Application 1 Revocable Sidewalk Privilege Application ☐ Completed Building Permit Application 1 Building Permit Application ☐ Completed Electrical Permit Application 1 Electrical Permit Application ☐ Completed Grading Permit Application (if applicable) 1 Grading Permit Application ☐ Completed ROW Tree trimming application (if applicable) 1 ROW Tree Trimming Application ☐ Completed Street Opening Permit Application 1 Street Opening Permit ☐ Photographs of Existing Conditions 1 Photographs Distance Analysis Exhibit to verify no other poles with small wireless ☐ facilities in that area 1 Distance Analysis Certification by a NY licensed professional engineer or other qualified person that the proposed facility will not cause interference with existing communication devices and that electromagnetic radiation levels at the ☐ proposed site are within any threshold levels that have been adopted by 1 Health and Interference Certification the FCC bearing the original signature of the professional responsible for the work. Any FCC licenses and approvals allowing the applicant to operate a wireless ☐ telecommunications facility. 1 FCC Licensing ☐ A location map to scale indicating the location of the proposed facility. 1 Location Map Survey, inclusive of affected areas of all affected rights-of-ways and ☐ immediately adjacent properties 1 Survey A site plan bearing the original seal and signature of a NY licensed engineer ☐ or other qualified NY licensed design professional. 1 Site Plan Elevations showing the height of all proposed antennas, equipment and ☐ supporting structures from ground level. 1 Elevations ☐ Construction drawings 1 Construction Drawings Full Environmental Assessment Form Part I and Visual Assessment ☐ Addendum, pursuant to the SEQRA. 1 FEAF ☐ Proof of Insurance naming the City of Albany as an additional insured 1 Proof of Insurance ☐ Bond or Cash Deposit 1 Bond or Deposit ☐ Proof of Notification 1 Proof of Notification ☐ Application fee – Payable to Treasurer, City of Albany B. Voluntary or Upon Request ☐ Approved Traffic Control and Pedestrian Safety Plan 1 Traffic Control Plan Proposed materials including the type and size of the proposed planters or ☐ landscaping sufficient to evaluate the impact to the right of way 1 Materials Description Revocable Street Privilege Application October 2017 Page 4 of 4 Common Council Meeting Date 04-19-2021 Name Katherine Mules Mules Address Street Address: 335 South Main Ave City: Albany State / Province: NY Postal / Zip Code: 12209 Topic Tear gas is a chemical weapon designed to attack a victim's lungs. This weapon should not be used against the People, let alone by our own public servants. Use of chemical weapons on the battlefield is considered a war crime, how is this still up for debate? June last year, there were Albany residents who had to temporarily evacuate their own homes. Their crime? They lived in an apartment downwind from where Albany Police officers had deployed tear gas. It wasn't even deployed in accordance with Albany Police's own rules -- what is to guarantee that those rules won't be ignored again in the future? Medical research has found that tear gas leads to miscarriages, birth defects, long-term hormonal disregulation. These debilitating after-effects are not being factored into its indiscriminate use on our streets. Its deployment has been reckless, it inflicts potentially life-long damage to the body, and it is being used against the people by those who are supposed to serve our public trust. Its use must not continue. I would like to speak at the Common No Council Meeting Date 04-13-2021 Email katherine.mules@gmail.com 1 You can edit this submission and view all your submissions easily. Common Council Meeting Date 04-19-2021 Name Colin Clark Clark Address Street Address: 31 Elm Street Street Address Line 2: BSMT APT City: Albany State / Province: NY Postal / Zip Code: 12202 Topic I stand with our community and demand a full ban on the use of teargas in Albany I would like to speak at the Common No Council Meeting Date 04-12-2021 Email clarkacolin@gmail.com You can edit this submission and view all your submissions easily. Common Council Meeting Date 04-19-2021 Name BETSY MERCOGLIANO Address Street Address: 3 WILBUR STREET City: ALBANY State / Province: NY Postal / Zip Code: 12202 Phone Number (518) 4495759 Topic Community engagement and communication about plans in Lincoln Park. 2 I am writing out of deep frustration and an attempt to start more conversation between the City and our neighborhood. I am a member of the Mansion Neighborhood and have lived here for almost 50 years. I care deeply about our parks, especially right now the Philip Street Playground and Lincoln Park as a whole. I am involved deeply with the Lincoln Park Alliance (LPA). I want to call to your attention a very frustrating problem we are having in working on the renovations to both the Philip St Playground and Lincoln Park – a deep lack of community engagement on the part of the Rec Department and other Dept heaads. We keep getting “told” how the redesign of things is going to be – we were told that the redesign for the playground has been in the making for 2 years, yet members of the neighborhood have been asking for 2 years what the plans are and have received NOTHING until a representative from the company who sells the equipment, hardly an unbiased representative of the City, told us what the design for the playground would be!! And trying to get the Rec Department to work with us to include neighborhood desires and input has been an uphill battle, to put it mildly. As a neighborhood, we quickly created a survey of approximately 60 neighbors, created an alternate plan, sent it to the REC dept and have heard nothing except that they are going to have the playground equipment company contact us! Where is the REC dept in terms of communication with neighborhoods!! Same thing with Lincoln Park. Twice this week, we have been told plans that we were never informed of and never had our input solicited for – dumping 5 feet of dirt into the Lincoln Park bowl when construction happens on the Beaver Creek Water Treatment, ostensibly to improve drainage (immediate questions: has the soil been tested for contaminants, is it all clay, which is likely, which, as a gardener, I KNOW will not improve drainage!), which will make the bowl unusable for at least 2 years!! The impact of having the Park Bowl unusable effects so, so many people, groups, teams – have these folks been included in this discussion (I KNOW we were not) and were 3 alternatives to using the bowl for 2 years as a construction staging area even considered and with whom? And then random destruction of almost every tree (thanks to two neighbors, two trees were saved) on the east end of Lincoln Park where a basketball court complex is to be built, where we had been assured 1)the City Forester was going to talk/meet with LPA April 8 or 9 prior to 2) the cutting not starting until April 12 of 3) ONLY the necessary trees to make room for the courts, not all the trees and after 4) a safety fence was put up. NONE of those steps were taken when the tree removal company showed up on the morning of April 8 and proceeded to cut every tree (save the two that neighbors sat next to in order to stop the chainsaws), even when asked to stop and told that the City Engineer has said stop. And a further ludicrous, infuriating part of the “Plan” is that trees will be replanted in many of the exact places where trees where cut down – on the periphery of the parcel!! Something is abundantly wrong with either leadership, communication or both in these plans. Why was there no one from the city at the site on Thursday? Why is it so hard to insist that plans impacting neighborhoods need to include the neighbors BEFORE the plans are made? The Mayor is working very hard to build a culture of inclusion and equity in her administration – yet a lot of players don’t seem to have gotten the message!! These events are generating a lot of bad feelings and distrust – I have heard “Here we go again, dump on the poorest neighborhoods once again” way too many times in the last weeks. The culture of racism deeply extends to how cities are planned, how they design things, how they engage people. As it has been said for two years, there never, ever would have been a waste treatment facility planned for Washington Park or Buckingham Pond and we both know why!! If there was need for digging anything substantial in Washington Park, there would NEVER be a suggestion to just dump the soil somewhere IN the Park rather than allocate the money to remove the soil and again, I know why. This has to stop!! We need to hear an invitation, EVERY TIME, to 4 be at the table right away, as per the plans, Lincoln Bowl is slated to be fenced in within the month!! Dept Heads (engineering, forestry, Parks and Rec, Water Dept, etc) MUST bring the citizens to the table AND LISTEN to us. And, my understanding is that LPA has a legal right to be at the table. The Lincoln Park Master Plan meetings of over a year ago seemed like a first step, yet so much of that “Let’s build this together” feeling is absolutely absent now. I am looking for the Common Council to actively and forcefully support the MANDATE that citizen voices must be heard when the City is making impactful plans in any park in the City. Thanks Betsy Mercogliano, 3 Wilbur Street, Albany, NY 12202 (518)449-5759 I would like to speak at the Common Yes Council Meeting Date 04-19-2021 Email mercogliano.betsy@gmail.com You can edit this submission and view all your submissions easily. Common Council Meeting Date 04-19-2021 Name BETSY MERCOGLIANO Address Street Address: 3 WILBUR STREET City: ALBANY State / Province: NY Postal / Zip Code: 12202 Phone Number (518) 4495759 Topic I am writing in total support of a tear gas ban in Albany. The APD must de-militarize!! The events 5 that impacted me in my home in the south end last May must never, ever be repeated! I was awakened with stinging eyes and nausea, not knowing what was going on. Luckily, I do not have any underlying health conditions, like asthma or COPD, as some of my friends and neighbors do suffer from (children and adults), or this could have been life- threatening. I later learned, and saw the remnants of, tear gas canisters had been activated and thrown on streets in my neighborhood by police in armored vehicles. It was, apparently, a "pre-emptive strike" on my neighborhood after a rally clash at South Station. Totally a power play and indiscriminately used to threaten our neighborhood at large. This was entirely irresponsible, dangerous and likely, unlawful! Overkill! Racist! Tear gas has NO PLACE in civilian, residential interactions between public safety officers (that IS what they are SUPPOSED to be, but clearly need much more training and support from Mental Health professionals to become!!) and citizenry. NONE! EVER! Please, ban this "tool" immediately. I would like to speak at the Common No Council Meeting Date 04-18-2021 Email mercogliano.betsy@gmail.com You can edit this submission and view all your submissions easily. Common Council Meeting Date 04-19-2021 Name Conor O'Sullivan Address Street Address: 6 S LAKE AVE Street Address Line 2: APT N14 City: ALBANY State / Province: NY Postal / Zip Code: 12203 6 Phone Number (408) 3646677 Topic Hi, I'm a resident of Albany in ward 10 and I support a ban of tear gas in Albany. It's dangerous and it shouldn't be used against the people who live here. I would like to speak at the Common No Council Meeting Date 04-09-2021 Email conoro184@gmail.com You can edit this submission and view all your submissions easily. Common Council Meeting Date 04-19-2021 Name Ava DeSantis Address Street Address: 273 Kenwood Ave. City: Delmar State / Province: NY Postal / Zip Code: 12054 Phone Number (518) 5602037 Topic I demand a full ban on the use of tear gas by Albany police. I would like to speak at the Common No Council Meeting Date 04-09-2021 Email avagiirl123@gmail.com You can edit this submission and view all your submissions easily. 7 Common Council Meeting Date 04-19-2021 Name jordan Ferraro Address Street Address: 8 s Allen st City: albany State / Province: ny Postal / Zip Code: 12228 Topic Tear gas. It seems crazy to me that we've agreed not to use chemical weapons in war but we allow our police to use it on our supposedly free citizens while they excercise their first amendment. Ban it's use. I would like to speak at the Common No Council Meeting Date 04-09-2021 You can edit this submission and view all your submissions easily. Common Council Meeting Date 04-19-2021 Name Kelsey Whittington Address Street Address: 6 S Lake Ave apt N14 Street Address Line 2: Apt, suite, floor, etc. City: ALBANY State / Province: NY Postal / Zip Code: 12203 Topic I urge you to ban the use of tear gas. It is extremely dangerous and exposing your constituents to it is negligent. It is also unnecessary. I would like to speak at the Common No Council Meeting 8 Date 04-19-2021 Email Kelseyo184@gmail.com You can edit this submission and view all your submissions easily. From: rev. Ibrahím Pedriñán, ACCFL President Sent: Wednesday, April 14, 2021 1:23 PM To: Kelly Kimbrough; Corey Ellis; Thomas Hoey Cc: accfl-executive-board@googlegroups.com; Mark Emanatian Subject: Please Ban Tear Gas and Rubber(-coated steel) bullets Greetings, Councilmembers, Tear gas and steel bullets coated in rubber (misnamed “rubber bullets”) have NO place in our neighborhoods, have NO place in our communities, have NO place in our streets. The Albany County Central Federation of Labor, representing 40 Union locals and 30,000 members, supports banning any and all efforts to militarize our communities. Tear gas is a weapon of war. Children - or anyone - should never be at risk of being exposed to tear gas - especially children who are already at risk of higher asthma and respiratory problems. Community members should not be at risk of being shot with bullets, rubber or not. Anything short of banning these weapons is unacceptable for the health and safety of our members, and our members’ working families. Please vote to ban tear gas and rubber-coated steel bullets in Albany. ¡Solidarity! rev. Ibrahím Pedriñán President, Albany County Central Federation of Labor Steward, APWU Local 390 All Power to the Workers! Common Council Name Stephen Henel Address Street Address: 176 Madison Ave Street Address Line 2: Apartment 1 City: Albany State / Province: NY Postal / Zip Code: 12202 9 Topic Looking at the video of the local Duante Wright protests, I was shocked to see the brazen use of force and pepper spray by law enforcement against a small gathering of protestors as young as 14. Yet it seems our local leaders were far more concerned about an inanimate glass window, whose shattering quickly became the chief subject of headlines, paranoia, and reprimands. One question for the council: how many shattered minds and shattered bodies and how much shattered trust is worth the cost of a window? How many more teenagers and untrained civilians should be traumatized by poIice violence while also being expected to maintain self- control at all times? And if this is how indiscriminate the Albany PD is in its use of mace, how can any of you in good conscience still be petitioning for their use of tear gas and rubber bullets against protestors? I would like to speak at the Common No Council Meeting Date 04-15-2021 Email sghenel@gmail.com You can edit this submission and view all your submissions easily. Common Council Meeting Date 04-19-2021 Name Scarlet B Address Street Address: 18 Terrace Ave Street Address Line 2: Apt 1 City: Albany State / Province: NY Postal / Zip Code: 12203 10 Topic Tear gas is a chemical weapon that can cause chemical burns, trigger asthma attacks, and interfere with menstrual cycles. It was banned by the Geneva Protocol for use in international armed conflicts. Why are we continuing to allow police to deploy this weapon on protestors? It is unacceptable. De-escalation of conflict should not involve violence and assault. It should not involve terrorizing protestors or the people living in the neighborhoods where this weapon is deployed. Tear gas lingers in the air and can waft into the open windows of homes. We need to prohibit police from using this weapon as soon as possible. The use of tear gas does not lead to peace or safety. It is counterproductive and simply harmful. I would like to speak at the Common No Council Meeting Date 04-15-2021 Email gossamerdragon@gmail.com You can edit this submission and view all your submissions easily. To whom this may concern, I plan to make a comment on the tear gas ban at the April 19 Common Council meeting. Please send me the Zoom link to do so. Thank you, Megan 11 Common Council Meeting Date 04-19-2021 Name Lauren Dryburgh 12 Address Street Address: 269 Lark St Street Address Line 2: Apt 3 City: Albany State / Province: NY Postal / Zip Code: 12210 Phone Number (610) 3229618 Topic There is no place for the use of any chemical weapons in our community and the use of tear gas needs to be fully banned. I would like to speak at the Common No Council Meeting Date 04-19-2021 Email dryburgh.lauren@gmail.com You can edit this submission and view all your submissions easily. Common Council Meeting Date 04-19-2021 Name Lily Mercogliano Easton Address Street Address: 20 Wilbur St. City: Albany State / Province: NY Postal / Zip Code: 12202 Phone Number (518) 3312655 Topic Local Law C Please read aloud during public comment period: I am in favor of a full ban on tear gas and rubber bullets in Albany. I live in the South End, my seven year old experienced burning in her chest for a full day after our neighborhood was blanketed in gas last summer. She was just home, sleeping in the middle of the night. 13 I have listened to much of the discussion around this issue and am struck by how focused it has been on hypotheticals largely out of our control. The hypothetical that haunts me daily is: what happens if one of our youth is gassed twice under the age of ten? What happens if they already have a history of asthma? Or what if one of our elders experiences this again in the coming months? Please do everything you can to stop this: no more tear gas. It is the responsibility of the police department to come up with alternatives for crowd dispersal- and they have found such alternatives adequate throughout the city's history prior to last summer. I would like to speak at the Common No Council Meeting Date 04-17-2021 Email lilymerc@gmail.com You can edit this submission and view all your submissions easily. 14 Common Council Meeting Date 04-19-2021 Name Cait Denny Address Street Address: 60 Elm Street Street Address Line 2: #3 City: Albany State / Province: NY Postal / Zip Code: 12202 Phone Number (303) 8849678 Topic I am a resident of Albany and am in favor of banning tear gas without any amendments. If the council’s intention by passing this ban is to begin 15 the process of demilitarizing the Albany Police Department, then an amendment of any sort would contradict this intention. The definition of demilitarize includes: “to rid of military characteristics or uses.” If this bill is passed with an amendment allowing the use of tear gas and/or rubber bullets in SPECIFIC instances, it would compel the police to continue budgeting for and purchasing tear gas and rubber bullets, therefore the military "characteristics" would still be in place and the "use" of military force would still be possible. The council MUST pass this law WITHOUT any amendments for it to be effective. This is what the people of Albany want. I would like to speak at the Common No Council Meeting Date 04-17-2021 Email that.cait.denny@gmail.com You can edit this submission and view all your submissions easily. Common Council Meeting Date 04-19-2021 Name Stephanie Loveless Address Street Address: 99 Grand Street, Apt 2 City: ALBANY State / Province: New York Postal / Zip Code: 12202 Phone Number (917) 2543786 Topic My name is Stephanie Loveless. I'm an Albany South End resident and am strongly in favor of banning tear gas without any amendments. Chemical weapons should never be used in an urban center. The proposed amendments are unacceptable and render the law toothless to achieve the goal of demilitarizing Albany's Police 16 Department. Passing this law with amendments would be a meaningless gesture. There ARE alternatives to tear gas other than lethal violence, and to believe otherwise shows a tragic lack of imagination and courage. The council MUST pass this law WITHOUT any amendments for it to be effective. This is what the people of Albany have overwhelmingly asked for. I would like to speak at the Common No Council Meeting Date 04-19-2021 Email stepifany@gmail.com You can edit this submission and view all your submissions easily. Common Council Meeting Date 04-19-2021 Name Milton Matthews Address Street Address: 45 Myrtle Ave City: Albany State / Province: ny Postal / Zip Code: 12202 Phone Number (518) 2750210 Topic I support the use of chemical weapons and/or rubber bullets under strong guidelines for their use. These weapons are the buffer between physical force needed by the thin blue line (Police) for public safety & enforcement and deadly force. I was employed as a military police supervisor for twenty years and police office of a major metropolitan western city. I know that their use from simple disobedience arrest to riots in the 70's & Rodney King prevented escalation and worse. We pay and trust the police to maintain law and order; let's not handicap them to retreat, get hurt/killed or to kill when lesser means are 17 available. If law breakers stop acting up the chemical employments won't be necessary. I would like to speak at the Common No Council Meeting Date 04-17-2021 Email albany12202@gmail.com You can edit this submission and view all your submissions easily. Common Council Meeting Date 04-19-2021 Name Kate Maunz Address Street Address: 3 Elm St. City: Albany State / Province: NY Postal / Zip Code: 12202 Topic Please read this aloud - My name is Kate Maunz, I am a resident of Albany and am in favor of banning tear gas without any amendments. If the council’s intention by passing this ban is to begin the process of demilitarizing the Albany Police Department, then an amendment of any sort would contradict this intention. The definition of demilitarize 18 includes: “to rid of military characteristics or uses.” If this bill is passed with an amendment allowing the use of tear gas and/or rubber bullets in SPECIFIC instances, it would compel the police to continue budgeting for and purchasing tear gas and rubber bullets, therefore the military "characteristics" would still be in place and the "use" of military force would still be possible. The council MUST pass this law WITHOUT any amendments for it to be effective. This is what the people of Albany want. I would like to speak at the Common No Council Meeting Date 04-19-2021 Email kate_maunz@hotmail.com You can edit this submission and view all your submissions easily. Common Council Meeting Date 04-19-2021 Name Hawkins Address Street Address: 3 Elm St. City: Albany State / Province: NY Postal / Zip Code: 12202 Topic To be read aloud - My name is Pete Hawkins, I am a resident of Albany and am in favor of banning tear gas without any amendments. If the council’s intention by passing this ban is to begin the process of demilitarizing the Albany Police Department, then an amendment of any sort would contradict this intention. The definition of demilitarize includes: “to rid of military characteristics or uses.” If this bill is passed with an amendment allowing the use of tear gas and/or rubber bullets in SPECIFIC instances, it would compel the police to continue budgeting for and purchasing tear gas and 19 rubber bullets, therefore the military "characteristics" would still be in place and the "use" of military force would still be possible. The council MUST pass this law WITHOUT any amendments for it to be effective. This is what the people of Albany want. I would like to speak at the Common No Council Meeting Date 04-19-2021 Email pjhawk75@gmail.com You can edit this submission and view all your submissions easily. Common Council Meeting Date 04-19-2021 Name Fawn Potash Address Street Address: 128 Grand St. City: Albany State / Province: NY Postal / Zip Code: 12202 Phone Number (518) 9295764 Topic My name is Fawn Potash, I am a resident of Albany‘s South End, living around the corner from the police precinct. I am in favor of the proposal to ban tear gas WITHOUT any amendments. I have witnessed the Police Department’s use of tear gas and pepper spray on protesters as well as the shockingly indiscriminate practice of spewing tear gas from an armored tank, rolling down a residential street on a hot summer night when residents windows were open. This is a neighborhood with many residents already as risk for respiratory illness. Any use at all, for crowd control or as a defense weapon amplifies that medical risk. Tear gas is not even legal under the Geneva War Conventions. 20 The militarization of police since 9/11 has been a mistake- adding tanks and other military gear has not made us safer. It has made police more dangerous. It has allowed police to distance themselves from the communities they serve. I have not seen a single beat cop, talking to residents, working to build relationships in the community- ever. They show up at community meetings, but the essential business of getting to know the people in their neighborhoods is not happening. The police department’s lack of empathy and interest in the community is clearly shown in their use of tear gas and insistence that It is an essential tool. Thank you for including my letter in this meeting. Fawn Potash I would like to speak at the Common No Council Meeting Date 04-18-2021 Email fawnpotash@gmail.com You can edit this submission and view all your submissions easily. Common Council Meeting Date 04-19-2021 Name David Easton Address Street Address: 20 Wilbur St City: Albany State / Province: Ny Postal / Zip Code: 12202 Phone Number (845) 4011767 Topic My name is David, I am a resident of Albany and am in favor of banning tear gas without any amendments. If the council’s intention by passing this ban is to begin the process of demilitarizing the 21 Albany Police Department, then an amendment of any sort would contradict this intention. The definition of demilitarize includes: “to rid of military characteristics or uses.” If this bill is passed with an amendment allowing the use of tear gas and/or rubber bullets in SPECIFIC instances, it would compel the police to continue budgeting for and purchasing tear gas and rubber bullets, therefore the military "characteristics" would still be in place and the "use" of military force would still be possible. The council MUST pass this law WITHOUT any amendments for it to be effective. This is what the people of Albany want. I would like to speak at the Common No Council Meeting Date 04-18-2021 Email davidbeaston@gmail.com You can edit this submission and view all your submissions easily. Common Council Meeting Date 04-19-2021 Name Marie Barnes Address Street Address: 9 Elm Street City: Albany State / Province: NY Postal / Zip Code: 12202 Phone Number (773) 4905376 Topic Please ban the use of the chemical weapon, tear gas, by police on citizens. Do not allow any exceptions. I am an environmental engineer working in air pollution and the use of tear gas is just unacceptable. There are other tools that police 22 can use for crowd control. This summer I witnessed police gassing blocks in my neighborhood with no one on them as I sat in my stoop. I was not protesting just trying to make sure that my house was okay. As the gas came down the street I ran in to close windows and yelled to neighbors to do the same. Knowing of the health impacts of the gas. The next day, during a global pandemic as my five year old complained of a sore throat and I had stinging red eyes I took her to SUNY Albany for a COVID test just in case...but knowing it had to be the tear gas as so many neighbors and parents were talking about how they were feeling. One neighbor mentioned that her pediatrician actually reached out to them because they knew where her family lived and then they had a virtual appointment to discuss the impact of the gas on there four year old. This has to stop. I heard that the police used tear gas a few days ago. It is like a slap in the face. Here we are the people who live here begging for the gas use to stop and here the police are saying, “F you, we will do what we what.” This is not a pissing match. This is public safety. I would like to speak at the Common No Council Meeting Date 04-17-2021 Email marie0331@yahoo.com You can edit this submission and view all your submissions easily. Common Council Meeting Date 04-19-2021 Name Marlon Anderson Address Street Address: 214 Lark St Street Address Line 2: 2a City: Albany 23 State / Province: NY Postal / Zip Code: 12210 Phone Number (518) 253-9390 Topic So here we are in the City of Albany, where community violence has run rampant, where shootings are at a all time high where community violence is and has ran riot, and we are debating police methodology. lets get real when has there been a RIOT in the city of Albany, a insurrection? only once when albany followed the national model in the wake of George Floyd! was tear gas necessary? rubber bullets? These methods are needed in only the most extreme of situations, and while I do not oppose police having those NON-LETHAL options, the premise for using them has to be clearly defined! and there must be a REAL measure of accountability to be had in the wake of their use. So, in My view its that simple, a clear defination of what defines a RIOT status, and a clear measure of where the accountability of employing these methods should lie. I suggest tear gas and or rubber bullets only being employed with a mayors authority signing off on it and being accountable for it. accountability and responsibility. Thats whats key here. I would like to speak at the Common Yes Council Meeting Date 04-19-2021 Email rehdrulesny@yahoo.com You can edit this submission and view all your submissions easily. Common Council Meeting Date 04-18-2021 Name Mardi Crawford 24 Address Street Address: 28 Elm Street City: Albany State / Province: New York Postal / Zip Code: 12202 Phone Number (518) 4655684 Topic Tear Gas Ban - My name is Mardi Crawford, I am a resident of Albany and am in favor of banning tear gas without any amendments to the proposed law. If the council’s intention is truly to begin the process of demilitarizing the Albany Police Department, an amendment of any sort would contradict this intention. The definition of demilitarize includes: “to rid of military characteristics or uses.” If this bill is passed with an amendment allowing the use of tear gas and/or rubber bullets in SPECIFIC instances, it would compel the police to continue budgeting for and purchasing tear gas and rubber bullets, therefore the military "characteristics" would still be in place and the "use" of military force would still be possible-- and likely. The council MUST pass this law as written, to begin to address in real, not cosmetic, ineffectual ways, the racism and "occupying force" mentality that permeates the APD and results in harm to Black constituents and, in the long run, to us all. I would like to speak at the Common No Council Meeting Date 04-18-2021 Email emcpeace@verizon.net You can edit this submission and view all your submissions easily. Common Council Meeting Date 04-19-2021 Name Sophia DeVito 25 Address Street Address: 62 Hollywood Ave City: Albany State / Province: NY Postal / Zip Code: 12208 Phone Number (603) 8330278 Topic (Please read my comment aloud) My name is Sophia DeVito. I am a resident of Albany and am in favor of banning tear gas without any amendments. I support unequivocal movement to demilitarize Albany police, and this would be a crucial step in that direction. I am deeply disturbed by the use of these chemicals knowing that they are deeply harmful to anyone who comes into contact with them and are incredibly hard to target, thus often spreading into local community members’ homes, whether or not they were the intended recipients of such violent measures. I would be proud to live in a city that unequivocally refuses to engage in such tactics against it’s own citizens. I urge you to vote to ban the use of tear gas in the city of Albany with no amendments. I would like to speak at the Common No Council Meeting Date 04-18-2021 Email sophiamdevito@gmail.com You can edit this submission and view all your submissions easily. Public Statement by Noelle Gentile to the Common Council 4-19-21 I grew up in Albany and moved home 9 years ago. For the past 8 years I have taught in Albany and have had the incredible opportunity to work with 26 youth artist activists in creating theatre pieces around social injustice. My children also attend school in Albany. I am writing to you as a resident, as a teacher who loves her students, and as a mother who loves her children. I don’t want our children to live in a city that would unleash tear gas, a chemical banned in war, on its residents. I don’t want our children to live in a city that would tear gas a predominately Black and Brown community, EVER, and especially not in the middle of a global pandemic. I don’t want our children to live in a city where they see citizens, who were righteously protesting against deeply imbedded racism, police brutality, and the state sanctioned murders of Black and Brown people committed by the police here in this very city and across the nation, being responded to with the brutality and violence of tear gas, a chemical banned in war. Children and elders were exposed to that tear gas in the middle of a pandemic. This is not how you respond to people you care about and who you are invested in. This is not how you in engage in community. The city needs to do better, immediately. The city should never respond to residents demands for 27 justice with tear gas. I’m asking you to Pass Local Law C of 2021 and ban the use of chemical weapons and kinetic energy munition. All of our children are watching. Thank you, Noëlle Gentile -- Director. Writer. Acting Coach. Educator. www.noellegentile.com www.islaandlulubook.com Common Council Meeting Date 04-19-2021 Name Derek Healey Address Street Address: 412 Broadway City: Albany State / Province: NY Postal / Zip Code: 12207 Topic Ban Teargas and all kinetic weaponry! I would like to speak at the Common Yes Council Meeting Date 04-19-2021 Email healey.derek@gmail.com You can edit this submission and view all your submissions easily. 28 Common Council Meeting Date 04-19-2021 Name carol june-washington Address Street Address: 184 west lawrence st City: albany State / Province: ny Postal / Zip Code: 12203 Phone Number (518 ) 330-8693 Topic Legislation banning the use of tear gas and rubber bullets: Thank you for the opportunity to be heard by the Council this evening. My comments are in support of the proposed legislation to ban the use of tear gas by the Albany Police Department . First, the use of tear gas as banned internationally in war since 1925, based on its tremendous human damaging effects. The use of tear gas in residential communities, which is most of the city of Albany is dangerous and uncalled for. Its recent use in the city was done without any of the required authority or safe guards, and demonstrates that there should be no latitude for its use. Tear gas and the use of rubber bullets should not be allowed in this city. At this time, communities all of this country are enacting bans similar to the one proposed here. They are creating alternatives for the occasions when crowd control is needed. The Albany APD should be joining them by developing alternatives for Albany, and enact them with the agreement of the community. The second issue of concern here is position of the APD in relation to the use of tear gas and the Police Reform Plan recently passed by the Council. The plan, which was developed with participation of a broad swath of stakeholders and community residents, was offered by the administration as the plan to direct the city in its new policing. It is to be the blueprint for ongoing reform and legislation. On the recommendations of those who created it, 29 this plan calls for the ban on the use of tear gas. We are finding, however, that the APD does not agree with this provision. There is considerable concern that the APD appears to feel no obligation to carry out aspects of the plan they do not agree with. The plan was passed by 14 of the 15 councilmembers. The APD should be held accountable to follow the directives of the plan which apply to them, and the council should carry out its responsibility to oversee that entire plan becomes what Albany can expect as public safety. I would like to speak at the Common No Council Meeting Date 04-19-2021 Email carolforeducation@gmail.com You can edit this submission and view all your submissions easily. 30 Common Council Name Carmen Corazzini Address Street Address: 32 Orlando Ave City: Albany State / Province: NY Postal / Zip Code: 12204 Phone Number (518) 4538319 Topic Taking the means of non lethal protection away from APD...We all agree that there should be peacful protest..But once the bricks looting and fires start the protester becomes a criminal...Police officers have families also and their familys and friends vote I would like to speak at the Common No Council Meeting Date 04-19-2021 Email Kainedawg68@gmail.com You can edit this submission and view all your submissions easily. Common Council Meeting Date 04-19-2021 Name chris mercogliano Address Street Address: 3 WILBUR ST City: ALBANY State / Province: NY Postal / Zip Code: 12202-1761 Phone Number (518) 5059088 Topic I live in the Mansion Neighborhood, where the APD indescriminately used expired teargas to address the protests following George Floyd's murder. This is absolutely unacceptable in any 31 densely populated residential neighborhood. The time has come – in fact it is long overdue – for the APD and Mayor Sheehan to get the message that fundamental changes must be made across the board to the way our police force polices the city of Albany. The time for superficial, piecemeal change is clearly over, Therefore, I wholeheartedly support the common council's bill to ban the use of teargas altogether, and stridently oppose any of the proposed amendments. I repeat: the time for superficial change is over. I would like to speak at the Common No Council Meeting Date 04-19-2021 Email chrismerc1954@gmail.com You can edit this submission and view all your submissions easily. Common Council Meeting Date 04-19-2021 Name Susan Spang Address Street Address: 42 Myrtle Ave. City: Albany State / Province: NY Postal / Zip Code: 12202 Topic [Please read aloud for me] My name is Susan Spang. I am a resident of Albany. I urge the Council to pass Local Law C without any amendments. It is time to demilitarize our police. I would like to speak at the Common No Council Meeting Date 04-19-2021 Email spang.susan@gmail.com 32 You can edit this submission and view all your submissions easily. Common Council Meeting Date 04-19-2021 Name Ronald Murray Address Street Address: 9 Par Dr City: ALBANY State / Province: NY Postal / Zip Code: 12208 Phone Number (518) 4410664 Topic If tear gas has only been used twice in the last 25 years or more, why do we need a resolution banning it? Why would we take non lethal options away from our officers? This proposal poses more questions than answers. Seems like we are pandering to a small group instead of making sure our city is safe. I would like to speak at the Common No Council Meeting Date 04-19-2021 Email ronmurray23@gmail.com You can edit this submission and view all your submissions easily. Common Council Meeting Date 04-19-2021 Name Kaitlin Caldwell Address Street Address: 22 Winthrop Ave City: Albany 33 State / Province: NY Postal / Zip Code: 12203 Topic My name is Katie Caldwell, I am a resident of Albany in Ward 13 and am in favor of banning tear gas without any amendments. If the council’s intention by passing this ban is to begin the process of demilitarizing the Albany Police Department, then an amendment of any sort would contradict this intention. The definition of demilitarize includes: “to rid of military characteristics or uses.” If this bill is passed with an amendment allowing the use of tear gas and/or rubber bullets in SPECIFIC instances, it would compel the police to continue budgeting for and purchasing tear gas and rubber bullets, therefore the military "characteristics" would still be in place and the "use" of military force would still be possible. The council MUST pass this law WITHOUT any amendments for it to be effective. This is what the people of Albany want. Please read my comment aloud at the meeting tonight. I would like to speak at the Common No Council Meeting Date 04-19-2021 Email katiecaldwell29@gmail.com You can edit this submission and view all your submissions easily. Common Council Meeting Date 04-19-2021 Name Carol Bolam Address Street Address: 1 Elm Street City: Albany State / Province: NY Postal / Zip Code: 12202 34 Phone Number (518) 4693743 Topic Please read the following comment regarding Local Law C at the Common Council meeting April 19, 2021. In the late evening hours of May 30, 2020 to the very early morning hours of May 31, 2020, neighbors were gathered at the intersection of Madison Avenue and Philip Street to stand with and protect our neighborhood. Wood from an outdoor seating area of a neighborhood business had been dragged into Madison Avenue and set on fire earlier by a handful of people from outside the community. It was our community members that stood in the doorway of that business to prevent further damage and looting. Ironically, the threat to our community did not end up being the fire in the intersection, but instead came from law enforcement. At approximately 1 A.M., law enforcement launched numerous tear gas canisters into Philip Street, completely saturating the air up Philip to Wilber and in both directions on Elm street. This was not armed insurrectionists attacking City Hall. This was a residential neighborhood on a warm night with open windows, and families asleep inside. I frantically called my daughter to wake her to close my 3 year old granddaughter's window. The tear gas entered other homes, waking children and seniors to coughing and eyes burning. Law enforcement had pushed the remaining people into the residential streets instead of the opposite direction toward an empty parking garage and state parking lots or up Madison toward the Plaza. Later on May 31st, when I told an officer retrieving the empty canisters from our streets how the gas had entered our homes, he shrugged and said "oh well". Nearly a year later, I continue to receive medical treatment for damage to my eyes from the tear gas that night. But I worry more about the long term effects on our children from breathing the gas that 35 night in their own homes. Both the American Academy of Pediatrics and the CDC have stated that the use of tear gas on children threatens their short and long-term health. “Children are uniquely vulnerable to physiological effects of chemical agents. A child’s smaller size, more frequent number of breaths per minute and limited cardiovascular stress response compared to adults magnifies the harm of agents such as tear gas.” According to their PowerPoint presented to the Common Council's Public Safety Committee, APD learned 2 things for future open air deployment of tear gas; use of a louder PA system to make announcements to rioters, and the Albany Police Public Information Officer will be releasing decontamination instructions for exposures on social media. Members of the community, which law enforcement is supposed to be protecting, learned much more than that. That weekend, APD further eroded the community's already fragile trust. On June 12, 2020, Chief Hawkins stated “There should not have been any tear gas deployments on any unoccupied streets or in an area where there wasn’t an imminent threat”. In the early morning hours of May 31, 2020, Philip and Elm Streets were unoccupied and the only imminent threat was from law enforcement. Their reckless use of tear gas with disregard of APD's own rules caused both physical and mental harm to our most vulnerable residents. I ask the Common Council to never allow this to happen again and ban the use of tear gas in our city. I would like to speak at the Common No Council Meeting Date 04-19-2021 Email cbolam@ymail.com You can edit this submission and view all your submissions easily. 36 Common Council Meeting Date 04-19-2021 Name Ronald Murray Address Street Address: 9 Par Dr City: ALBANY State / Province: NY Postal / Zip Code: 12208 Phone Number (518) 4410664 Topic Tear Gas Ban I would like to speak at the Common No Council Meeting Date 04-19-2021 Email ronmurray23@gmail.com You can edit this submission and view all your submissions easily. Common Council Meeting Date 04-19-2021 Name Aden Suchak Address Street Address: 17 Wilbur St City: Albany State / Province: NY Postal / Zip Code: 12202-1716 Phone Number (518) 4667443 Topic Local Law C - Tear Gas ban I would like to speak at the Common Yes Council Meeting 37 Date 04-19-2021 Email adenrav@gmail.com You can edit this submission and view all your submissions easily. Common Council Meeting Date 04-19-2021 Name Colin McKnight Address Street Address: 45 ELM ST City: ALBANY State / Province: NY Postal / Zip Code: 12202 Phone Number (518) 4346106 Topic Tear Gas Ban: I am Colin McKnight, and last summer during the protests following George Floyd's death, I watched aghast on a livestream as the protestors were directed into my neighborhood (Mansion) and then tear gas was fired into our streets. A 70+ year old neighbor was gassed in her front doorway. A 3 year old neighbor was gassed in her bed. When I was finally able to get home from my trip, I had to clean up the tear gas residue that had come into my house. Let us be clear, my neighbors were gassed in their own homes, while not involved in any of the activities going on that night. If tear gas can be used to attack an innocent neighborhood, then it has no business in the arsenal of the police, whose duty is to serve and protect us. I urge the common council to ban the use of this substance within the city limits of Albany. Thank you. I would like to speak at the Common No Council Meeting Date 04-19-2021 Email colinnalbany@yahoo.com 38 You can edit this submission and view all your submissions easily. Common Council Meeting Date 04-19-2021 Name Sarah Read Address Street Address: 59 Lenox Ave City: Albany State / Province: NY Postal / Zip Code: 12203 Phone Number (518) 727-3730 Topic TEAR GAS BAN I am a resident of Albany (Buckingham Lake neighborhood) and am in favor of banning tear gas without any amendments. If the council’s intention by passing this ban is to begin the process of demilitarizing the Albany Police Department, then an amendment of any sort would contradict this intention. The definition of demilitarize includes: “to rid of military characteristics or uses.” If this bill is passed with an amendment allowing the use of tear gas and/or rubber bullets in SPECIFIC instances, it would compel the police to continue budgeting for and purchasing tear gas and rubber bullets, therefore the military "characteristics" would still be in place and the "use" of military force would still be possible. The council MUST pass this law WITHOUT any amendments for it to be effective. This is what the people of Albany want. I would like to speak at the No Common Council Meeting Date 04-19-2021 Email read.sarah@gmail.com You can edit this submission and view all your submissions easily. 39 Common Council Meeting Date 04-19-2021 Name Andy Kaier Address Street Address: 83 Spring St. City: Albany State / Province: NY Postal / Zip Code: 12210 Phone Number (518) 2322415 Topic Comment to be shared at tonight's Common Council meeting: My name is Andy Kaier and I live on Spring St. in the 6th ward of Albany. I urge the Council to pass a full ban on tear gas as proposed by Councilmember Doesschate, without further amendment. I believe that it is critical that we listen to and uplift the voices of those community members most impacted by the use of tear gas; those that live in the neighborhoods where tear gas was deployed, and those that have been most negatively impacted by white supremacy, police violence, and racial inequality. The use last summer of tear gas in our city, negatively impacting the health and safety of both bystanders and individuals in their homes, was unacceptable. We must prioritize the health, wellness, and safety of our community by ensuring that tear gas can never again be deployed by APD. Thank you for your consideration. I would like to speak at the Common No Council Meeting Date 04-19-2021 Email andrew.kaier@gmail.com 40 You can edit this submission and view all your submissions easily. PUBLIC COMMENT OF MARK S. MISHLER rcvd4/19/2021 at 2:11 pm TO ALBANY COMMON COUNCIL - - 4/19/21 BAN TEAR GAS AND ALL SIMILAR POLICE WEAPONS Will the City of Albany be a human rights leader or continue to be guided by police lies and police scare tactics? Will Albany learn from the brutal lessons of the past year or continue to function as if the racist police murders of George Floyd, Breonna Taylor, Daunte Wright, Anthony Thompson, Adam Toledo, Daniel Prude, Jacob Blake and so many others didn’t happen or don’t matter? Will our City leadership act to implement fundamental changes to begin to undo the harm and trauma caused by decades of racism and brutality at the hands of the APD or will it give lip service to the need for change and then continue business as usual? You, members of the Albany Common Council, are in the fortunate position to have the power to take real action, to make real change, to demonstrate that lessons have been learned, and to be bold leaders. You have a choice to make. Move Albany forward, or keep it mired in the muck of racism, brutality, and lack of accountability which - if we are honest - have been the hallmarks of this potentially great city for generations. Ban the use of chemical weapons and kinetic energy munitions. Pass Local Law C of 2021 as amended. Do not make any additional amendments or try to weaken this legislation. If the Mayor isn’t willing to be as bold as you and vetoes it, override her veto. You don’t represent the Mayor or the APD, you represent the people of the City of Albany. Many more of your constituents have experienced the trauma of police violence than you probably know. And, part of your job as the legislative branch of government is to hold the executive accountable. Tear gas, pepper spray, and similar “chemical irritants” (“Cis”) used by law enforcement (including the APD), can have significant health impacts. As detailed by Physicians for Human Rights, the health impacts include: CIs can cause injuries to many different body systems, depending on the exposure times, concentrations, the ability of the exposed person to leave the area, and prior medial conditions of vulnerabilities. -1- Eyes. Irritation of the conjunctiva and cornea produces tearing, uncontrollable eyelid spasms, redness, and pain. The severe spasms can cause the lids to close tightly and produce temporary blindness. Vision can become blurry. These injuries may lead to corneal burns, abrasions, lacerations, and blindness. Respiratory system. CIs cause inflammation of the airways and pain. Coughing, difficulty breathing and bronchorrhea are common. The 41 smooth muscle of the respiratory tract may contract, resulting in airway closure and difficulty breathing. Individuals with preexisting respiratory disease may be more sensitive to these agents, even at low concentrations. Exposure may precipitate attacks of respiratory distress resulting in hypoxia, respiratory arrest, and death. Skin. CIs cause a burning sensation to the skin as well as redness, itching or allergic reactions. Erythema (redness of the skin) usually begins several minutes after contact and can least for minutes or days after the injury. Blistering and burns of the skin as well as allergic skin reactions may also occur. Psychological. The physical symptoms of CIs often result in disorientation and agitation, which can lead to a state of fear, anxiety and panic. In some instances of prolonged and repeated exposure to CIs in protest settings, symptoms of post-traumatic stress disorder have been documented. Cardiovascular. CIs can cause increases in heart rate and blood pressure. Preexisting heart conditions may pose combined effects of increased heart rate and blood pressure, and hypoxia from respiratory distress may result in heart attack and possibly death. Oral and gastrointestinal mucosa. Irritation of the nose produces a burning sensation, inflammation, rhinorrhea and sneezing. In the mouth and gastrointestinal tract, exposure to CIs can cause pain, excessive salivation, and nausea and vomiting. Excessive vomiting and the toxicity of the agent can cause blood vessel ruptures and persistent pain. Effects on pregnancy and the fetus. There are some case reports to suggest adverse effects of CIs on the fetus. Animal models indicate that miscarriages and fetal abnormalities can occur after exposure to CIs. There is insufficient population data to verify a causal link in humans, but there are case reports of miscarriage and teratogenic effects on the fetus secondary to exposure to high concentrations of CIs. -2- Physicians for Human Rights, Health Impacts of Crowd-Control Weapons: Chemical Irritants (Tear Gas and Pepper Spray), January 1, 2017 https://phr.org/our-work/resources/health-impacts-of-crowd-control-weap ons-chemical-irritants-tear-gas-and-pepper-spray/ A recent investigative report by the University of Toronto International Human Rights Program examined the alarming increase internationally in law enforcement use of tear gas against civilians engaged in protest activities, concluded with a recommendation that the use of tear gas and similar weapons be banned. The Report concludes: Tear gas is a dangerous and indiscriminate chemical agent that is chronically abused and weaponized by law enforcement against those trying to exercise their freedoms of expression and assembly. As is being made clear around the world, the use of tear gas is leading to rampant human rights violations and serious health consequences, 42 while suppressing legitimate political activity. Banning tear gas . . . will force police to redouble their efforts on de-escalation tactics and less harmful crowd control strategies. By removing access to tear gas, police and lawmakers will have to reckon with techniques to de-escalate protests and peaceful gatherings, encourage other non-violent strategies, and give priority to freedom of expression and assembly - primary considerations in a free and democratic society. Banning tear gas is consistent with both the law of war and shifting international human rights norms. It is a necessary step towards changing the culture within law enforcement agencies, in turn encouraging states to truly respect and fulfill their human rights obligations and ultimately better protect the fundamental rights of individuals worldwide. See: Report, accessible at https://ihrp.law.utoronto.ca/sites/default/files/media/Legality%20of%20T eargas%20-%20Aug25%20V2.pdf I have lived in and practiced law in Albany for 40 years (as of this coming July.) My background includes litigating numerous cases of police brutality, racism, and misconduct against the City, involvement as an activist working to improve police accountability on Albany since the early 1980s, engagement with efforts to implement meaningful citizen oversight of the police since the mid-1980's (including drafting or helping to draft various proposals over the years to enact real civilian review powers), and representation of protesters in Albany for years (including serving as one of the lead attorneys for Occupy Albany starting in 2011 and as counsel to the NYS Poor People’s Campaign in 2018.) -3- The most meaningful lessons I have learned, however, have not come from litigating cases, but from listening, as deeply as I am able, to people who have directly experienced trauma at the hands of the Albany police. It is because of the courageous people I have met and have had the honor of representing over the years in cases of police brutality and misconduct, that I am committed to fighting to make sure real change happens in Albany at this crucial time. Pass Local Law C of 2021. No more tear gas, no more indiscriminate use of pepper spray. Let Albany be a leader on human rights. Thank you. Mark S. Mishler 14th Ward Resident mishlerlaw@gmail.com -4- Common Council Name Michael Vrana Address Street Address: 2345 Hamburg Street City: Schenectady 43 State / Province: New York Postal / Zip Code: 12303 Phone Number (518) 3640666 Topic Protect the the city.by refusing to use tear gas and rubber bullets you are welcoming distruction and disorder. Back the blue. They are our protectors not the enemy. These are not peaceful protest. Destroying public and personal property is not peaceful. The residents in and around this city are afraid to come out. They need the support of the elected officials not backs turned on them. I would like to speak at the Common No Council Meeting Date 04-19-2021 Email mrv06131@gmail.com You can edit this submission and view all your submissions easily. Common Council Meeting Date 04-19-2021 Name Dan Asylum Address Street Address: Elm street Street Address Line 2: Mansion neighborhood City: Albany State / Province: Ny Postal / Zip Code: 12202 Phone Number (518) 8591393 Topic Local law c: tear gas ban I would like to speak at the Common Yes Council Meeting Date 04-19-2021 Email dan.brotherhood@gmail.com 44 You can edit this submission and view all your submissions easily. Common Council Meeting Date 04-19-2021 45 Name Liz Richards Hart Address Street Address: 60 Philip Street City: Albany State / Province: NY Postal / Zip Code: 12202 Phone Number (412) 3982129 Topic Please read aloud: My name is Liz Richards Hart, I am a resident of Albany and am in favor of banning tear gas without any amendments. My family, including my three year old daughter, were victims of the police when they released tear gas into our residential neighborhood during demonstrations against racism and police brutality in the late spring of 2020. If the council’s intention by passing this ban is to begin the process of demilitarizing the Albany Police Department, then an amendment of any sort would contradict this intention. The definition of demilitarize includes: “to rid of military characteristics or uses.” If this bill is passed with an amendment allowing the use of tear gas and/or rubber bullets in SPECIFIC instances, it would compel the police to continue budgeting for and purchasing tear gas and rubber bullets, therefore the military "characteristics" would still be in place and the "use" of military force would still be possible. The council MUST pass this law WITHOUT any amendments for it to be effective. This is what the people of Albany want. I would like to speak at the Common No Council Meeting Date 04-19-2021 Email liz.richards23@gmail.com You can edit this submission and view all your submissions easily. 46 47 Common Council Meeting Date 04-19-2021 Name Nesta Littlejohn Address Street Address: 7 Elm street City: Albany State / Province: NY Postal / Zip Code: 12202 Phone Number (518) 376-2181 Topic Comment on Local Law C (tear gas ban). I would like to speak at the Common Yes Council Meeting Date 04-19-2021 Email nlittlejohn01@manhattan.edu You can edit this submission and view all your submissions easily. Common Council 48 Meeting Date 04-19-2021 Name Heather Wajda-Griffin Address Street Address: 38 Edgecomb St City: Albany State / Province: NY Postal / Zip Code: 12209 Topic Tear Gas Ban: My name is Heather Wajda-Griffin, I am a resident of Albany and am in favor of banning tear gas without any amendments. If the council’s intention by passing this ban is to begin the process of demilitarizing the Albany Police Department, then an amendment of any sort would contradict this intention. The definition of demilitarize includes: “to rid of military characteristics or uses.” If this bill is passed with an amendment allowing the use of tear gas and/or rubber bullets in SPECIFIC instances, it would compel the police to continue budgeting for and purchasing tear gas and rubber bullets, therefore the military "characteristics" would still be in place and the "use" of military force would still be possible. The council MUST pass this law WITHOUT any amendments for it to be effective. This is what the people of Albany want. I would like to speak at the Common No Council Meeting Date 04-19-2021 Email hawajda@gmail.com You can edit this submission and view all your submissions easily. Common Council Meeting Date 04-19-2021 Name Ivette ALFONSO 49 Address Street Address: 149 Hackett Blvd City: Albany State / Province: NY Postal / Zip Code: 12208-3023 Phone Number (518) 9563899 Topic Ivette Alfonso, president, Citizen Action of New York: “Tear gas, a chemical weapon already banned in warfare, has no place in the hands of police. Historically tear gas, rubber bullets and other military grade weapons have been used to injure and maim those who seek racial justice, from the civil rights marches of the 60s, to Vietnam War-era peace movement, to anti-aparthied demonstrations in the 80s, to the pro-democracy movement in Myanmar. Police in Albany and across the country used those same tactics on our streets last summer, escalating with violence against Black Lives Matter protesters and firing toxic chemical weapons that reached into the homes of countless residents. Citizen Action supports a total ban on the use of tear gas and urges the Albany Common Council to pass Local Law C of 2021 with no further amendments. Mayor Sheehan’s threat to veto the tear gas ban, along with her comment this week equating Black Lives Matter protesters with insurrectionists who attacked the U.S. Capitol on January 6, is deeply troubling. We need leadership that recognizes and is ready to address the harm caused by the institution of policing, rather than callously protecting and upholding it.” I would like to speak at the No Common Council Meeting Date 04-19-2021 50 Email ialfonso608@gmail.com You can edit this submission and view all your submissions easily. Common Council Meeting Date 04-19-2021 Name Stephen Goldmeier Address Street Address: 268 Hudson Ave. Street Address Line 2: Apt. 2 City: Albany State / Province: NY Postal / Zip Code: 12210 Topic Tear gas and rubber bullet ban, Amended Local Law C of 2021. My name is Stephen Goldmeier. I am a lawyer, research coordinator, and former public defender who has worked for a decade in criminal justice. I moved to Albany the first weekend in June last year. I had heard it was a nice place to live. And it might be, for some. But on my first night in my new city, Albany police gassed an entire neighborhood, and I learned how Albany police treat the residents of this city. Tear gas and rubber bullets are touted as non-lethal, but they are still violent. Any use of these weapons is violence. And tear gas especially is violence inflicted indiscriminately on a large area, sometimes even a whole neighborhood. Any argument that a ban on these weapons needs exceptions is arguing that police violence, spread out over a large area, is acceptable. Giving police discretion to use these weapons in specific situations is what got us here today. That's how they ended up gassing a neighborhood last year. If this council recognizes police violence against residents as a real problem in Albany, it must pass a 51 complete ban. Any other course of action treats police violence as sometimes inevitable, or even necessary. Thank you. I would like to speak at the Common No Council Meeting Date 04-19-2021 Email stephen.goldmeier@gmail.com You can edit this submission and view all your submissions easily. Common Council Meeting Date 04-19-2021 Name Devin Mcconnell Address Street Address: 1061 Washington Ave City: Albany State / Province: NY Postal / Zip Code: 12206 Phone Number (518) 9659262 Topic Support for ban on use of chemical irritants by the Albany police force I would like to speak at the Common No Council Meeting Date 04-19-2021 Email devin.mcconnell@icloud.com You can edit this submission and view all your submissions easily. Common Council Meeting Date 04-19-2021 52 Name Giles Hershey Address Street Address: 8 Albion Ave. City: Albany State / Province: New York Postal / Zip Code: 12209 Phone Number (518) 2251065 Topic I am against the restriction being brought forth that hamstrings the Albany Police Department. By not allowing them the option to use tear gas will hinder APD's ability. After seeing the damage done on Delaware Avenue and on Central Avenue to businesses and personal residences and personal property one would think the City of Albany would be more supportive of Police and allow them effective means at crowd control. I would like to speak at the Common No Council Meeting Date 04-20-2021 Email ghershey5@gmail.com You can edit this submission and view all your submissions easily. Common Council Meeting Date 04-19-2021 Name Sean Kelleher Address Street Address: 12 California Ave Street Address Line 2: B414 City: Albany State / Province: NY Postal / Zip Code: 12205 Phone Number (508) 3400357 Topic Police and administrators may look at tear gas as a nonlethal crowd deterrent, but it's a far more dangerous weapon than police let on. Tear gas is a fine powder that can cause lasting damage to the 53 lungs of people struck by it, and has been shown to increase the risk of contracting respiratory diseases after exposure, and in the midst of the covid pandemic this can be a deadly consequence. Tear gas comes with collateral damage as well- last Summer the police unleashed tear gas on protesters in Arbor Hill, which drifted downwind into the homes of the neighborhood’s residents. It’s an inhumane weapon outlawed by the Geneva Convention- it would be a war crime for our military to use it abroad, and the Albany Police shouldn’t be using a weapon for war crimes at home. Tear gas must be banned. I would like to speak at the Common No Council Meeting Date 04-19-2021 Email therealseankelleher@gmail.com You can edit this submission and view all your submissions easily. 54 Common Council Meeting Date 04-19-2021 Name Liz Richards Hart Address Street Address: 60 Philip Street City: Albany State / Province: NY Postal / Zip Code: 12202 Phone Number (412) 3982129 Topic Please read aloud: My name is Liz Richards Hart, I am a resident of Albany and am in favor of banning tear gas without any amendments. My family, including my three year old daughter, were victims of the police when they released tear gas into our residential neighborhood during demonstrations against racism and police brutality in the late spring of 2020. If the council’s intention by passing this ban is to begin the process of demilitarizing the Albany Police Department, then an amendment of any sort would contradict this intention. The definition of demilitarize includes: “to rid of military characteristics or uses.” If this bill is passed with an amendment allowing the use of tear gas and/or rubber bullets in SPECIFIC instances, it would compel the police to continue budgeting for and purchasing tear gas and rubber bullets, therefore the military "characteristics" would still be in place and the "use" of military force would still be possible. The council MUST pass this law WITHOUT any amendments for it to be effective. This is what the people of Albany want. I would like to speak at the Common No Council Meeting Date 04-19-2021 Email liz.richards23@gmail.com You can edit this submission and view all your submissions easily 55 Common Council Meeting Date 04-19-2021 Name Brian Sempala Address Street Address: 4 Sage Court City: Albany State / Province: New York Postal / Zip Code: 12204 Phone Number (518) 9489096 Topic Tear Gas I would like to speak at the Common No Council Meeting Date 04-19-2021 Email briansemp@yahoo.com You can edit this submission and view all your submissions easily. Common Council Meeting Date 04-19-2021 Name Julian Mostachetti Address Street Address: 41 Morris St. Street Address Line 2: apt. #2 City: Albany State / Province: NY Postal / Zip Code: 12208 Phone Number (845) 235-6286 Topic I oppose the use of tear gas by Albany PD and think it should be banned along with the other excessive uses of force being considered tonight. I was present at the tear gassing of Arbor Hill last summer, and had to help a woman with a baby get away from the area because she couldn't breathe. 56 Luckily she was able to cover up her stroller so the baby was unharmed. She didn't even know there was a protest that night. I've seen first hand that tear gas not only terrorizes and hurts peaceful protestors, but also poisons entire neighborhoods, and was definitively the cause of any civil unrest that happened in the immediate wake of their two deployments last year. People who favor the continued use of tear gas have provided no evidence that it succeeds in preventing further conflict or violence. Their position seems to just be assumed true, when all evidence points the opposite way. This ought to be an uncontroversial issue on the path to meeting your community's demands to defund the police and invest in our communities. Those claiming to be democratic representatives need to fulfill the clear will of the people. I would like to speak at the Common Yes Council Meeting Date 04-19-2021 Email You can edit this submission and view all your submissions easily. 57 After attending a rally as a citizen observer in Albany on Wednesday, I am vehemently opposed to police use of pepper spray, tear gas and rubber bullets. I went as an observer and supporter of civil rights. I ended up acting as a medic because the police did not offer medical assistance in direct conflict with their internal policy that requires they offer medical assistance after deployment of pepper spray. Prior to the protesters banging on the doors and windows. What you did not see is that Lt. Anderson opened the door with the sole intent of striking a protester and his property. LT. Anderson then went back inside and locked the doors. The video released by the city willfully and intentionally masks Lt. Anderson's violence which you see the protesters react to by banging on the windows and doors. Lt. Anderson then uses the banging on the windows and doors as a PRETEXT to pepper gel the group. The independent video of Lt. Anderson striking a protester can be found here and includes the response from the protesters. It has been synced in time with the video you presented. https://www.facebook.com/285524641518936/posts/5458336547571027/?d=n More over, Lt. Anderson and his subordinates intentionally covered their body cameras and badges to prevent public scrutiny of their actions. Common Council Meeting Date 04-19-2021 Name Brian Sempala Address Street Address: 4 Sage Court City: Albany State / Province: New York Postal / Zip Code: 12204 Topic Ladies and gentlemen of the council I would like to raise concern about the use of tear gas in the city of Albany. We need to understand what tear gas is and 58 where it comes from. The 1925 Geneva protocol categorized tear gas as a chemical warfare agent and was banned for use in war in 1928 but for some reason the US reserved the right to use on its own citizens. We need to use legislation to fix the mistakes of the past. Because personally I highly doubt that the US state department of over 6o years ago cared about the use of a chemical substances that are too dangerous to be even used on a battlefield to be used on the black community. When tear gas and tear gas like substances are used on any one it spreads to the community. The asthma rates in Albany especially around the South end are already bad enough and having to worry about a pandemic that specifically effects to lungs as well are tear gas or tear gas like substances on top of that is too much and will lead to the overall decline of our overall health. Also, the CDC has said that they are known to cause harmful chemicals burns, trigger allergic reactions, and cease raspatory distress. We need to use legislation as a vehicle to bring our society into modern times. Therefore we should not just stop at tear gas, we should also be the first step in banning all gas-based riot control agents to keep our communities safer. Thank You I would like to speak at the Common No Council Meeting Date 04-19-2021 Email briansemp@yahoo.com You can edit this submission and view all your submissions easily. Good Evening, I want to submit a statement for this evening's council meeting regarding the ban on tear gas and rubber bullet usage by APD: The impact of APD's use of rubber bullets and tear gas falls predominantly on the most disadvantaged communities within this city. In the summer of 2020, Albany's South End and Arbor Hill neighborhoods bore the brunt of APD's aggressive misuse and overuse of both tear gas and rubber bullets. It is no coincidence that these tactics have been employed in predominantly Black and brown neighborhoods. To this day, no formal apology has been made 59 by Chief Hawkins or Mayor Sheehan. I am requesting that these apologies be made and that the council vote to ban these unnecessary and dangerous militaristic weapons. Thank you, Meredith Goldstein Common Council Meeting Date 04-19-2021 Name Judith Sutherland Address Street Address: 295 Ashley Hill Road City: Brainard State / Province: NY Postal / Zip Code: 12024 Phone Number (518) 794-9986 Topic Police support. Though I do not live in Albany, I have family and friends who do. I have watched the protests over the weekend and am very unhappy with the attack on the police station. "People over property" is an invitation to damage property. No officers should be fired, the Captain and the Mayor do not step down and keep the pepper spray. I would like to speak at the Common No Council Meeting Date 04-19-2021 Email Judithmnr@aol.com You can edit this submission and view all your submissions easily. I will begin to attend the bulk of these protests and gathering documentation of the covert violence your officers use as a pre text to assault civilians. Physical assault against civilians should never be tolerated, let alone defended by their leadership. Anderson has a documented history of participating in and covering up officer abuses. I intend to cover those abuses when I publish a documentary and/or oral collection on the history of police violence in NY. 60 As a citizen observer, I will be filing formal complaints. The state capitol should be setting the standard for this state. Sincerely, Sheina Saeger Capitol District Resident in New York Common Council Meeting Date 04-19-2021 Name Sophia Bon Address Street Address: 3 Elm St. City: Albany State / Province: NY Postal / Zip Code: 12202 Topic My name is Sophia Bon, I am a resident of Albany and am in favor of banning tear gas without any amendments. If the council’s intention by passing this ban is to begin the process of demilitarizing the Albany Police Department, then an amendment of any sort would contradict this intention. The definition of demilitarize includes: “to rid of military characteristics or uses.” If this bill is passed with an amendment allowing the use of tear gas and/or rubber bullets in SPECIFIC instances, it would compel the police to continue budgeting for and purchasing tear gas and rubber bullets, therefore the military "characteristics" would still be in place and the "use" of military force would still be possible. The council MUST pass this law WITHOUT any amendments for it to be effective. This is what the people of Albany want. I would like to speak at the Common No Council Meeting Date 04-19-2021 You can edit this submission and view all your submissions easily. 61 Common Council Meeting Date 04-19-2021 Name Chel Miller Address Street Address: 28 Essex Street City: Albany State / Province: New York Postal / Zip Code: 12206 Phone Number ; Topic I wish to provide a statement on behalf of my organization, the New York State Coalition Against Sexual Assault. For Immediate Release: April 19, 2021 Contact: NYSCASA Staff, info@nyscasa.org NYSCASA Statement for April 19, 2021, Albany Common Council Meeting: Demonstrate Accountability and Transformative Leadership, Ban Chemical Weapons and Kinetic Energy Munitions in the City of Albany The New York State Coalition Against Sexual Assault is committed to ending oppression in all of its forms, including racist and state-sanctioned violence. It was brought to our attention that, at approximately 4 PM today, the Albany Common Council posted 54 images to their page. These images were screenshots of comments submitted to the council in advance of this meeting. These screenshots contained personal information, including names and home addresses, of people who submitted comments to the council. This is a serious safety concern, not only for people who have tried to participate in the political process in good faith, but also for survivors of sexual, domestic, and police violence. The Albany Common Council must understand that their actions have put people in danger. 62 NYSCASA condemns the violence perpetuated by state and local law enforcement against Black and brown community members in the City of Albany, our home. This statement echoes many of the statements previously shared by NYSCASA and our neighbors. Community members have repeatedly called for policy and structural change, an acknowledgment of collective trauma experienced by our Black and brown community members, and an end to the Albany Police Department’s use of excessive force against protesters. State and local officials have repeatedly ignored these calls, which is what brings us here today. As experts on trauma, we are concerned about how decisions made by law enforcement will continue to traumatize our communities in Albany and across the state. In June 2020, our staff were first-hand witnesses to intensified policing and surveillance in primarily Black communities. Individuals living in these neighborhoods were held to vague curfews, threatened with violence from law enforcement, and overall, had their inalienable civil rights dismissed. We also witnessed the presence of a heavily armed, militarized police force escalating otherwise peaceful situations. We also witnessed the use of excessive force in situations where de- escalation tactics would have been effective and should have been used. Last week, during a protest outside Albany’s South Station, members of the Albany Police Department chose violence, instead of employing the de- escalation tactics in which they have been trained. We witnessed one officer injure a Black woman with a megaphone that he ripped from her hands. We witnessed other officers pushing and shoving people who tried to assist her. We witnessed officers indiscriminately using pepper spray on the crowd, including a 14-year-old. Then we witnessed Albany PD and City leadership attempt to justify 63 the officers’ use of excessive force by falsely claiming that this protest was a so-called “riot.” We continue to invite our local and state leadership to commit to the following: ● Stop using excessive force against protesters and stop poisoning our communities with chemical weapons, such as tear gas. Instead, require the widespread use of de-escalation tactics to prevent harm. If officers are not trained in de-escalation techniques, train them. If officers still choose to escalate, fire them. ● Increase consequences and liability for officers who engage in violence and misconduct. ● Acknowledge the historical trauma behind the grief and anger that our communities are expressing, and take action to prevent further traumatizing people who have experienced the trauma of anti-Blackness and white supremacy. ● Refrain from using language that distinguishes between “nonviolent” and “violent” protests. This only serves to divide and villainize our communities, especially Black communities of color, when we must stand together in the face of anti-Black, racist violence. ● Respond to protests and grievances with policy and structural change, not with increased policing and surveillance. Shift resources away from law enforcement and toward non-police interventions that promote accountability and safe, healthy communities. Reduce the size of the police force and spending on militarization. Instead invest in the healthcare, housing, education, and other resources that our communities need and that increase safety and prevent violence. Further, NYSCASA joins our Albany neighbors in demanding an end to the use of tear gas and rubber bullets by the Albany Police Department. The indiscriminate use of these so-called “non-lethal” weapons is harmful. It is violence. Rubber bullets can result in severe injuries, such as bone fractures and injuries to internal organs, and in some cases, death. In addition, chemical irritants such as tear gas and pepper spray can have significant health impacts, ranging from damage to the eyes and skin 64 to serious respiratory, psychological, cardiovascular, oral and gastrointestinal, and reproductive complications. Moreover, it is unconscionable to use a chemical weapon that causes severe respiratory distress against civilians as we are all challenged by a fatal respiratory illness in the form of COVID-19. Today, we call on the Albany Common Council to demonstrate transformative leadership in this critical moment. We call on the council to pass Local Law C of 2021 as it is written and ban the use of chemical weapons and kinetic energy munitions. We call on the council to vote against any amendments that would allow law enforcement to use these dangerous weapons in the city we call our home. Today, the Albany Common Council has an opportunity to make the City of Albany a leader in justice and accountability. What will your legacy be? I would like to speak at the Common Yes Council Meeting Date 04-19-2021 Email chelseamiller716@gmail.com You can edit this submission and view all your submissions easily. Common Council Name Jeffrey Mayo Address Street Address: 165 Chestnut St City: ALBANY State / Province: NY Postal / Zip Code: 12210 65 Topic Dear Members of the Albany Common Council: The Albany Common Council is considering Local Law C of 2021, a proposed ban on the use of tear gas and rubber bullets by the Albany Police Department. For the following reasons, I support the passage of Local Law C. In 1925, the Geneva Protocol banned the use of tear gas in international armed conflicts. There is no similar prohibition on domestic law enforcement’s use of tear gas for “riot control” purposes. In other words, the use of tear gas is banned in warfare but is allowed for local police use against civilians. Tear gas, due to its diffuse nature, can end up in places far beyond its intended target, including inside people’s homes. Communities of color disproportionately have borne and will continue to bear the brunt of the use of chemical weapons by local police. Although the immediate effects of tear gas are well-known, there has not been much research on the long-term effects of tear gas. Existing studies have concluded that tear gas can cause blindness, severe chemical burns to the throat and lungs, miscarriages, compromised respiratory function, and respiratory failure leading to death. In the midst of the COVID-19 pandemic, when our community’s respiratory health is more fragile than ever, the use of tear gas by local police should be of paramount concern. The Centers for Disease Control & Prevention and the American Lung Association outline the ramifications of the inhalation of tear gas. Both advise that anyone exposed to tear gas seek immediate medical attention. Communities of color, which will be more significantly affected by tear gas, are also those communities least likely to have access to healthcare. My neighborhood, the 6th Ward, has been the site of many social justice protests and contains densely populated residential areas. I believe there is a substantial likelihood that police could use tear gas in my neighborhood and end up gassing me, my neighbors, our children, or our pets, even when we 66 are in our own homes. Ultimately, I believe that the potential harm to the public that tear gas poses outweighs its purported benefit of riot control. The Albany Common Council’s proposed ban on rubber bullets is a more straightforward proposition. Rubber bullets are not harmless weapons; they can cause blindness, broken bones, and brain damage. A study by the British Medical Journal found that among individuals struck by rubber bullets, 3% died and 15% suffered permanent disability. The British Medical Journal study concluded that rubber bullets are inappropriate for crowd or riot control purposes. Consequently, I support the proposed ban on the use of rubber bullets by the Albany Police Department. Ultimately, Local Law C of 2021 is an opportunity for the City of Albany to demonstrate national and international leadership on an issue with profound human rights implications. While I support the passage of Local Law C of 2021, I also believe that it would be unwise for the Albany Common Council to pass this law without first working with involved stakeholders to develop protocol for how our local police should approach riot control. Without explicitly outlining alternatives to the use of tear gas and rubber bullets, the Albany Common Council risks the very real possibility that police will inappropriately use lethal force for riot control. Such an outcome would be tragic, contrary to the aims of Local Law C, and would disproportionately affect communities of color in urban neighborhoods. I applaud the Albany Common Council, Mayor Sheehan, and Albany’s other citywide elected officials for their dedication to and work on this profoundly important issue. Sincerely, /s/ Jeffrey D. Mayo 67 I would like to speak at the Common No Council Meeting Date 04-19-2021 You can edit this submission and view all your submissions easily. 68 Council Member Doesschate, Conti, Farrell, Frederick, and Hoey introduced the following: LOCAL LAW C of 2021 (As Amended 04/05/2021) A LOCAL LAW AMENDING ARTICLE VIIB (ALBANY POLICE DEPARTMENT INTERACTIONS) OF PART 1 (DEPARTMENT OF POLICE) OF CHAPTER 42 (DEPARTMENTS AND COMMISSIONS) OF PART I (ADMINISTRATIVE LEGISLATION) OF THE ALBANY CITY CODE WITH REGARD TO THE USE OF CHEMICAL WEAPONS AND KINETIC ENERGY MUNITIONS ON CIVILIAN POPULATIONS BE IT ENACTED by the Common Council of the City of Albany as follows: Section 1. Article VIIB (Albany Police Department Interactions) of Part 1 (Department of Police) of Chapter 42 (Departments and Commissions) of Part I (Administrative Legislation) of the Albany City Code is hereby amended by adding a new section 42-54.3 to read as follows: Section 42-54.3. Use of Chemical Weapons and Kinetic Energy Munitions A. Use of Chemical Weapons and Kinetic Energy Munitions Policy. (1) The Chief of Police, or if there is one, the Commissioner of Public Safety, shall establish a written policy to prohibit the use of Chemical Weapons and Kinetic Energy Munitions by any member of the Albany Police Department on civilian populations, except for: (a) The use of pepper spray as defined herein; or (b) In circumstances where a person is being restrained against their will, as defined in Penal Law §135.00, where significant bodily injury is clearly threatened against such individual, and the Chief of Police or a Deputy Chief of Police present on the site determined that there is no alternative to the use of chemical weapons to secure the safety of the person being so restrained and adequate notice is given to individuals occupying indoor or outdoor spaces in the vicinity to allow them to protect themselves against exposure. (2) Prior to the establishment of such policy, the Chief of Police, or if there is one, the Commissioner of Public Safety, shall present such policy to the Community Police Review Board and shall consider any modifications as recommended by such Board. (3) Such policy shall be consistent with the limitations in this section and shall be established within 60 days of the enactment of this law. B. Definitions. For the purposes of this section, the following terms shall have the following meaning: (1) Chemical Weapons. Any type of device containing toxic chemicals designed to be launched or thrown as a projectile or otherwise released in the area of civilian populations, in order to cause temporary or permanent incapacitation, injury or trauma to the intended target, through the action of such chemicals as an eye, throat, respiratory, and/or skin irritant. The term specifically includes, but is not limited to, any item commonly referred to as or having similar effects to “tear gas.” (a) The term “chemical weapon” shall not apply to the use of pepper spray contained in liquid spray canisters of a volume no greater than 0.75 ounces when used to temporarily control a specific individual a police officer reasonably believes to be in the process of committing a crime that endangers other people and only when such agent is released in compliance with department policies and New York State law relating to the use of force and under circumstances that reasonably assure others in the vicinity are not affected by the use of such spray. (2) Kinetic Energy Munitions. Any type of device designed to be launched from any device as a projectile, in order to cause temporary pain, injury, irritation, disability, incapacitation or trauma to the intended target. The term specifically includes, but is not limited to, any item commonly referred to as “impact rounds” or “rubber bullets.” Section 2. This local law shall take effect upon final passage, public hearing and filing with the Secretary of State. APPROVED AS TO FORM THIS 5TH DAY OF APRIL, 2021 _______________________________ Corporation Counsel To: Danielle Gillespie, City Clerk From: Judy L. Doesschate, Common Council Member Re: Request for Common Council Legislation Supporting Memorandum Date: February 15, 2021 SPONSOR(S) Council Members Doesschate, Conti, Farrell, Frederick, and Hoey LOCAL LAW C of 2021 TITLE A LOCAL LAW AMENDING ARTICLE VIIB (ALBANY POLICE DEPARTMENT INTERACTIONS) OF PART 1 (DEPARTMENT OF POLICE) OF CHAPTER 42 (DEPARTMENTS AND COMMISSIONS) OF PART I (ADMINISTRATIVE LEGISLATION) OF THE ALBANY CITY CODE WITH REGARD TO THE USE OF CHEMICAL WEAPONS AND KINETIC ENERGY MUNITIONS ON CIVILIAN POPULATIONS GENERAL PURPOSE OF LEGISLATION To prohibit the use of Chemical Weapons and Kinetic Energy Munitions by any member of the Albany Police Department on civilian populations except for the use of pepper spray in certain situations. NECESSITY FOR LEGISLATION AND ANY CHANGE TO EXISTING LAW On June 12, 2020 Governor Cuomo signed Executive Order 203, entitled “Police Reform and Reinvention Collaborative,” that required the City of Albany and other municipalities to conduct a comprehensive review of its deployments, strategies, policies, procedures, and practices to address the needs of the communities serviced by its police agencies and promote community engagement to foster trust, fairness and legitimacy, and to address any racial bias and disproportionate policing of communities of color. The Executive Order expressly directed municipalities to examine use of force policies, racial justice in policing, de-escalation training and practices, conflict resolution, problem-oriented policing, and violence prevention and reduction interventions. The use of chemical weapons and the militarization of our police force does not foster trust between the police and the community, increase fairness or the legitimacy of the police and does not encourage de-escalation strategies. In fact, the increasing militarization of our police is far more like to undermine trust in the police and their legitimacy. Rather than de-escalating tense situations, tear gas usually causes panic and further chaos. As we saw last spring, rather than control the crowd, the use of tear gas not only harmed innocent residents in their homes, but also served to further anger protesters and disperse a angry crowd to do more damage across the City. Unfortunately, the damage spread mostly to areas of the City inhabited predominantly by people of color and businesses owned by or serving communities of color. There have been thousands of protests and demonstrations in the City of Albany over the years. The anti-war demonstrations of the 60’s and 70’s, huge student protests, and the Springboks protest in 1981 did not result in the use of tear gas. But tear gas has not been used previously on protestors until this past May 30th through June 1st – ironically, at a time when people were calling attention to the atrocities and unfairness in the way police across the country have treated communities of color. The use of tear gas last spring occurred in the South End and other areas of the City predominantly inhabited by people of color. Many residents had their windows open and no way to escape the fumes; or were peaceful protesters or bystanders and residents (including babies and children). It is well established that many of these residents have asthma and other pre- existing conditions that are especially prone to severe reactions to tear gas. Common side effects from inhaling tear gas include pain in the eyes, skin, lungs, mouth, coughing, nausea, vomiting, chest tightness, wheezing, and shortness of breath. Long-lasting exposure can cause blindness, glaucoma, potentially fatal respiratory failure and immediate death from chemical burns to the throat and lungs according to the CDC. Infants and children are more vulnerable to tear gas and there is no way to control tear gas once it is released, so it can often harm individuals other than the intended target. Tear gas is banned from use in war by international law, but is often used as a method of crowd control against US residents. The City of Albany Policing Reform and Reinvention Collaborative Recommendations on “Police Department Functions;” section 7, entitled “Interactions with Members of the Community,” Goal 1 specifically recommends “Ban the use of tear gas and decrease the use of military style weaponry by the Albany Police Department.” The report notes “the use of military equipment and force can actually endanger not only those who the police are seeking to control but those in neighborhoods, particularly neighborhoods with a significant concentration of people of color.” The report also notes the “police have many tools at their disposal for crowd control and should rely on de-escalation techniques rather than tear gas and battle armor.” There can be no doubt that tear gas has been used in the City of Albany in ways that have unfairly and disproportionately adversely affected communities of color, including residents in their homes, businesses, and innocent bystanders. The use of tear gas and kinetic energy munitions against residents that have the potential to cause short and long term serious health impacts should not be tolerated. By banning the use of tear gas and kinetic energy munitions, the police will be forced to adopt de-escalation policies and strategies that will lead to a less militaristic approach to policing and help foster trust between communities of color and the police as intended by Governor Cuomo’s Executive Order 203. This legislation is intended to implement a significant recommendation of the City of Albany Policing Reform and Reinvention Collaborative, encourage the demilitarization of our police force, and increase the potential to foster trust between affected communities and the police. EXPLANATION OF DEADLINE OR REQUESTED TIME FRAME FOR PASSAGE Pursuant to Governor Cuomo’s Executive Order 203, the City of Albany is under an obligation to complete a comprehensive review of its deployments, strategies, policies, procedures, and practices to address the needs of the communities serviced by its police agencies and promote community engagement to foster trust, fairness and legitimacy, and to address any racial bias and disproportionate policing of communities of color and to develop a plan to address the needs of the community and promote “improved police agency and community relationships based on trust, fairness, accountability, and transparency, and which seek to reduce any racial disparities in policing, and such plan shall be adopted by April 1, 2021. The draft report of the City of Albany Policing Reform and Reinvention Collaborative Recommendations on “Police Department Functions;” section 7, entitled “Interactions with Members of the Community,” Goal 1 specifically recommends “Ban the use of tear gas and decrease the use of military style weaponry by the Albany Police Department.” It is thereby requested that this legislation be passed by April 1, 2021 or as soon thereafter as feasible. FISCAL IMPACT(S) None.