Finance, Assessment and Taxation Committee

COMMON COUNCIL MEETING FINANCE, ASSESSMENT AND TAXATION Sonia Frederick, Chair DATE: Wednesday, July 19th, 2023 TIME: 6:00 PM LOCATION: Council Chambers-2nd Floor. City Hall TOPICS OF DISCUSSION:  Local Law I of 2023 A LOCAL LAW AMENDING ARTICLE XV (HOMESTEAD AND NONHOMESTEAD BASE PROPORTIONS) OF CHAPTER 333 (TAXATION) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO EXTENDING THE REPEAL DATE OF SUCH ARTICLE  Ordinance 20.61.23 AN ORDINANCE AUTHORIZING AND DIRECTING THE GRANT OF AN EASEMENT OVER A PORTION OF CITY-OWNED PROPERTY AT 2 PITCH PINE ROAD (TAX MAP PARCEL NUMBER 41.13-4-1) TO NIAGARA MOHAWK POWER CORPORATION FOR THE INSTALLATION AND MAINTENANCE OF A PAD-MOUNTED RECLOSER UNIT AND THE NECESSARY APPURTENANCES THERETO  Ordinance 27.62.23 AN ORDINANCE AMENDING ORDINANCE NUMBER 46.112.22 (AS AMENDED 12/22/2022) WHICH AUTHORIZED CERTAIN PURCHASES BY THE CITY OF ALBANY, NEW YORK AT A MAXIMUM ESTIMATED COST OF $2,000,000 AND AUTHORIZED THE LEASE FINANCING OR THE ISSUANCE OF $2,000,000 SERIAL BONDS OF SAID CITY TO PAY THE COST THEREOF (APD – IMPROVEMENTS TO APD FACILITIES) BY INCREASING SUCH AUTHORIZATION TO $3,441,000  Ordinance 31.72.23 AN ORDINANCE AUTHORIZING THE SALE OF 177 FIRST STREET (TAX MAP NUMBER 65.73-5- 68) TO MICHAEL LANE  Resolution 49.52.23R A RESOLUTION OF THE COMMON COUNCIL AUTHORZING THE CITY TO ACCEPT CONVEYANCE OF THE STATE OWNED PROPERTY AT 327 WASHINGTON AVENUE (TAX MAP NUMBER 65.71-1-55) FROM THE STATE OF NEW YORK FOR PUBLIC PARKING AND ELECTRIC VEHICLE CHARGING PURPOSES  Resolution 54.61.23R A RESOLUTION OF THE COMMON COUNCIL APPROVING A TRANSFER OF BUDGETED FUNDS AND A CHANGE IN THE AUTHORIZED POSITIONS OF THE FIRE DEPARTMENT, WHICH WILL AFFECT A SALARY RATE OR SALARY TOTAL PUBLIC COMMENT PERIOD: YES Council Member Frederick, on behalf of the Committee on Finance, Assessment, and Taxation, introduced the following: LOCAL LAW I OF 2023 A LOCAL LAW AMENDING ARTICLE XV (HOMESTEAD AND NONHOMESTEAD BASE PROPORTIONS) OF CHAPTER 333 (TAXATION) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO EXTENDING THE REPEAL DATE OF SUCH ARTICLE Be it enacted, by the Common Council of the City of Albany, as follows: Section 1. Section 333-123 (Expiration) of Article XV (Homestead and Nonhomestead Base Proportions) of Chapter 333 (Taxation) of Part II (General Legislation) of the Code of the City of Albany is hereby amended to read as follows: § 333-123 Expiration. This article shall cease to have force and effect and shall not apply to taxes levied on the 2023 2028 final assessment roll and to taxes levied on subsequent rolls. Section 2. This local law shall take effect upon final passage, public hearing, and filing with the Secretary of State. APPROVED AS TO FORM THIS 6TH DAY OF JULY, 2023 _____________________________ Corporation Counsel Matter to be deleted in strikethrough. New material is underlined. To: Danielle Gillespie, City Clerk From: Brett Williams, Esq., Sr. Asst. Corporation Counsel Re: Common Council Legislation Supporting Memorandum Date: July 6, 2023 Sponsor: Council Member Frederick, o/b/o Finance Committee Local Law I of 2023 TITLE A LOCAL LAW AMENDING ARTICLE XV (HOMESTEAD AND NONHOMESTEAD BASE PROPORTIONS) OF CHAPTER 333 (TAXATION) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO EXTENDING THE REPEAL DATE OF SUCH ARTICLE GENERAL PURPOSE OF LEGISLATION At local option provided by Article 19 of the Real Property Tax Law, the City of Albany elected, more than twenty years ago, to create separate tax rates for homestead and non-homestead parcels, which helps to shift some of the property tax burden in the City from owners of homestead parcels, to owners of non-homestead parcels. However, the local legislation enabling those split tax rates is set to expire this year. This local law extends the expiration date, enabling the City to continue to employ split tax rates. NECESSITY FOR LEGISLATION AND ANY CHANGE TO EXISTING LAW From the time the City first enacted split homestead/non-homestead tax rates, there has been a sunset provision in the law, usually after a term of five years. The most recent of these sunsets, enacted by Local Law 1 of 2018, provides that the Article of the City Code establishing for split tax rates will expire for taxes levied based on the 2023 tax roll (which would mean 2023-2024 school tax bills, due in September, and 2024 City & County bills, due in January). This local law keeps with past practice and extends the provisions of the Article for another five years, to the 2028 assessment roll. Given the approaching date of school tax bills, passage is requested before the end of August. FISCAL IMPACT If this local law is not passed, the City will not be able to have split tax rates for homestead and non-homestead parcels. The overall amount of tax collected will not be affected, but a larger burden of that tax levy will be shifted to homestead parcels than is currently the case. Council Member Clarke introduced the following: ORDINANCE 20.61.23 AN ORDINANCE AUTHORIZING AND DIRECTING THE GRANT OF AN EASEMENT OVER A PORTION OF CITY-OWNED PROPERTY AT 2 PITCH PINE ROAD (TAX MAP PARCEL NUMBER 41.13-4-1) TO NIAGARA MOHAWK POWER CORPORATION FOR THE INSTALLATION AND MAINTENANCE OF A PAD- MOUNTED RECLOSER UNIT AND THE NECESSARY APPURTENANCES THERETO The City of Albany, in Common Council convened, does hereby ordain and enact: Section 1. The City of Albany is hereby authorized to grant an easement to the Niagara Mohawk Power Corporation over a portion of City-owned property at 2 Pitch Pine Road (tax map parcel number 41.13-4-1) in the City of Albany for the purposes of the installation and maintenance of a pad-mounted recloser unit and the facilities necessarily appurtenant thereto, as described more fully in the proposed easement attached hereto. Section 2. The form, content, terms and conditions of such easement shall be approved by the Corporation Counsel. Section 3. The Grantee shall not hinder, interfere with, prevent, delay, obstruct or adversely affect the Grantor in the reasonable exercise of its governmental operations or function. Section 4. This ordinance shall take effect immediately. APPROVED AS TO FORM THIS 24TH DAY OF MAY, 2023 __________________________ Corporation Counsel To: Danielle Gillespie, City Clerk From: Brett Williams, Esq., Senior Assistant Corporation Counsel Re: Common Council Legislation Supporting Memorandum Date: May 24, 2023 Sponsor: Council Member Clarke ORDINANCE 20.61.23 TITLE AN ORDINANCE AUTHORIZING AND DIRECTING THE GRANT OF AN EASEMENT OVER A PORTION OF CITY-OWNED PROPERTY AT 2 PITCH PINE ROAD (TAX MAP PARCEL NUMBER 41.13-4-1) TO NIAGARA MOHAWK POWER CORPORATION FOR THE INSTALLATION AND MAINTENANCE OF A PAD-MOUNTED RECLOSER UNIT AND THE NECESSARY APPURTENANCES THERETO GENERAL PURPOSE OF LEGISLATION Niagara Mohawk, d/b/a National Grid, seeks an easement over a portion of the City-owned property at 2 Pitch Pine Road, which fronts on Washington Avenue Extension, in order to construct a pad-mounted recloser unit, which is an automatic, high-voltage electric switch which functions like a circuit breaker to shut off electrical power when issues occur, together the appurtenances and accoutrement required for the proper functioning of that unit, including underground cables and a manhole cover to access those cables. The easement National Grid seeks would also give them permission to enter upon the City-owned property to repair and maintain these facilities. The proposed easement, together with the drawings of the proposed facility National Grid provided to the City, are included herewith. The easement request has been reviewed and approved by the relevant City departments and the language of the easement itself will be reviewed and finally approved by the Corporation Counsel. NECESSITY FOR LEGISLATION AND ANY CHANGE TO EXISTING LAW Common Council approval is required for land transactions, such as the granting of a permanent easement over municipal property. FISCAL IMPACT(S) None. Council Member Frederick, on behalf of the Committee on Finance, Assessment, and Taxation, introduced the following: ORDINANCE 27.62.23 AN ORDINANCE AMENDING ORDINANCE NUMBER 46.112.22 (AS AMENDED 12/22/2022), WHICH AUTHORIZED CERTAIN PURCHASES BY THE CITY OF ALBANY, NEW YORK AT A MAXIMUM ESTIMATED COST OF $2,000,000 AND AUTHORIZED THE LEASE FINANCING OR THE ISSUANCE OF $2,000,000 SERIAL BONDS OF SAID CITY TO PAY THE COST THEREOF (APD – IMPROVEMENTS TO APD FACILITIES) BY INCREASING SUCH AUTHORIZATION TO $3,441,000 The City of Albany, in Common Council Convened, does hereby ordain and enact: Section 1. Sections 1 and 2 of Ordinance 46.112.22 (As Amended 12/22/22), passed by the Common Council on January 5, 2023, are hereby amended to read as follows: Section 1. The objects or purposes to be authorized and financed pursuant to this ordinance are set forth below, together with estimates of the maximum estimated costs thereof; determinations of the periods of probable usefulness thereof and the subparagraphs of Section 11.00(a) of the New York Local Finance Law pursuant to which it is determined; the maximum amount of the bonds to be issued with respect to such object or purpose and the maximum term of the obligations to be issued with respect to each project or purpose: Object or Purpose: Design and construction of improvements to APD facilities Local Finance Law Section 11 Subparagraph: (a)(25) (a)(12)(a)(2) Period of Probable Usefulness: 5 years 15 years Maximum Term of Obligations: 5 years 15 years Maximum Estimated Cost: $2,000,000 $3,441,000 Maximum Amount of Bonds: $2,000,000 $3,441,000 Treasurer’s Bond Authorization Number(s): U-23 Treasurer’s Project Number(s): GH31209321 Section 2. The plan of financing such objects or purposes is the lease financing of or the issuance of $2,000,000.00 $3,441,000.00 serial bonds hereby authorized to be issued. Section 2. Ordinance 46.112.22 (As Amended 12/22/22), as herein amended, is hereby ratified, continued, and approved. Section 3. This ordinance shall take effect immediately. APPROVED AS TO FORM THIS 8TH DAY OF JUNE, 2023 ______________________________ Corporation Counsel Matter in strikethrough to be deleted. Matter underlined is new material. To: Danielle Gillespie, City Clerk From: Brett Williams, Esq., Senior Assistant Corporation Counsel Hannah Hoyt, Legal Intern Re: Common Council Legislation Supporting Memorandum Date: May 8, 2023 Sponsor: Frederick, o/b/o Finance Committee ORDINANCE 27.62.23 TITLE AN ORDINANCE AMENDING ORDINANCE NUMBER 46.112.22 (AS AMENDED 12/22/2022) WHICH AUTHORIZED CERTAIN PURCHASES BY THE CITY OF ALBANY, NEW YORK AT A MAXIMUM ESTIMATED COST OF $2,000,000 AND AUTHORIZED THE LEASE FINANCING OR THE ISSUANCE OF $2,000,000 SERIAL BONDS OF SAID CITY TO PAY THE COST THEREOF (APD – IMPROVEMENTS TO APD FACILITIES) BY INCREASING SUCH AUTHORIZATION TO $3,441,000 GENERAL PURPOSE OF LEGISLATION Through Ordinance 46.112.22 (As Amended 12/22/2022), the Council approved bonding in the amount of $2,000,000 for reconstruction of APD Facilities. However, the previously-authorized $2 million bond amount is not able to cover the full $3,441,000 million cost. Thus, the Council is asked to authorize an increase of $1,441,000 in the amount for which the City can bond for this project. Additionally, the bond was originally authorized as an improvement to police and fire alarm systems and signal systems under Local Finance Law § 11 (a)(25). However, the work to be funded by the bond is more accurately described as a building reconstruction project for 911 operations personnel, and is therefore more appropriately authorized under LFL § 11 (a)(12)(a)(2), with a period of probable usefulness of fifteen years. NECESSITY FOR LEGISLATION AND ANY CHANGE TO EXISTING LAW The increase in the authorized amount for bonding is accomplished by using a new ordinance to amend the previous ordinance which initially authorized the bond. FISCAL IMPACT The City will add $1,441,000 to the bond which will now have a 15-year life. Matter in strikethrough to be deleted. Matter underlined is new material. Council Member Robinson introduced the following: ORDINANCE 31.72.23 AN ORDINANCE AUTHORIZING THE SALE OF 177 FIRST STREET (TAX MAP NUMBER 65.73-5-68) TO MICHAEL LANE The City of Albany, in Common Council convened, does hereby ordain and enact: Section 1. It is hereby ordered and directed that all the right, title, and interest of the City of Albany in and to the 0.05± acre parcel at 177 First Street (Tax Map Parcel Number 65.73-5- 68), be sold at private sale, pursuant to the provisions of Local Law No. 4 of 1984, to Michael Lane; SUBJECT to all easements, restrictions, and rights of way of record. Section 2. It is hereby determined that the aforesaid property has been abandoned for municipal or public purposes. Section 3. The form, content, terms, and conditions of such conveyance shall be approved by the Corporation Counsel and shall be subject to the approval of the Board of Estimate and Apportionment, and if approved by said Board, the Mayor is hereby authorized and directed to execute a proper deed of conveyance for valuable consideration. Section 4. This ordinance shall take effect immediately. APPROVED AS TO FORM THIS 6TH DAY OF JULY, 2023 ________________________________ Corporation Counsel To: Danielle Gillespie, City Clerk From: Brett Williams, Esq., Sr. Asst. Corporation Counsel Re: Common Council Legislation Supporting Memorandum Date: July 6, 2023 Sponsor: Council Member Robinson ORDINANCE 31.72.23 TITLE AN ORDINANCE AUTHORIZING THE SALE OF 177 FIRST STREET (TAX MAP NUMBER 65.73-5-68) TO MICHAEL LANE GENERAL PURPOSE OF LEGISLATION Michael Lane owns 175 First Street. He would like to purchase the currently vacant, City-owned lot next door at 177 First Street in order to consolidate it with his current property. The proposed purchase was approved by the Technical Review Committee. NECESSITY FOR LEGISLATION AND CHANGES TO EXISTING LAW The sale of City-owned property requires Common Council approval. FISCAL IMPACT(S) Mr. Lane submitted an appraisal indicating a value of $5,000 for the property, which he has agreed to pay as the purchase price. Council Member Balarin introduced the following: RESOLUTION 49.52.23R A RESOLUTION OF THE COMMON COUNCIL AUTHORZING THE CITY TO ACCEPT CONVEYANCE OF THE STATE OWNED PROPERTY AT 327 WASHINGTON AVENUE (TAX MAP NUMBER 65.71-1-55) FROM THE STATE OF NEW YORK FOR PUBLIC PARKING AND ELECTRIC VEHICLE CHARGING PURPOSES WHEREAS, the City of Albany has been negotiating with the State of New York to acquire the 0.29± acre state-owned property at 327 Washington Avenue in the City of Albany (tax map number 65.71-1-55); and WHEREAS, the State of New York has determined that such property is surplus to state needs and may be conveyed; and WHEREAS, the City of Albany wishes to acquire the presently-vacant property to provide public parking and charging stations for electronic vehicles; and WHEREAS, the City of Albany would pay the State of New York $1.00 in consideration for the property; and WHERES, the State of New York, through the Department of Transportation, and the City of Albany desire to enter into a certain “New York State Department of Transportation Office of Right of Way Agreement for Sale of Surplus Property,” (the “Agreement”) a copy of which is included herewith, as part of this transaction; and WHEREAS, the Department of Transportation, Office of Right of Way, requires the Common Council to authorize the conveyance described herein; NOW, THEREFORE, BE IT RESOLVED, that the Common Council of the City of Albany hereby authorizes the Mayor to enter into that certain New York State Department of Transportation Office of Right of Way Agreement for Sale of Surplus Property, and further authorizes the City of Albany to accept conveyance from the State of New York of 327 Washington Avenue, Albany, New York, otherwise identified as: Surplus Property Case No. 01-III-649 City of Albany: Central Avenue (Yardboro Avenue to Northern Boulevard) Map 13, Parcel 13 City of Albany, Albany County. To: Danielle Gillespie, City Clerk From: Brett Williams, Esq., Sr. Asst. Corporation Counsel Re: Common Council Legislation Supporting Memorandum Date: May 3, 2023 Sponsor: Council Member Balarin RESOLUTION 49.52.23R TITLE A RESOLUTION OF THE COMMON COUNCIL AUTHORZING THE CITY TO ACCEPT CONVEYANCE OF THE STATE OWNED PROPERTY AT 327 WASHINGTON AVENUE (TAX MAP NUMBER 65.71-1-55) FROM THE STATE OF NEW YORK FOR PUBLIC PARKING AND ELECTRIC VEHICLE CHARGING PURPOSES GENERAL PURPOSE OF LEGISLATION As part of its effort to expand the availability of parking – particularly spaces at which electric vehicles may charge, the Albany Parking Authority wishes to install EV charging stations at the currently vacant state-owned lot at 327 Washington Avenue. It was determined that, in order to do so, the State of New York would have to declare the property to be surplus to state needs and then transfer title of the property. The State determined that the property was surplus, and thus transferrable. However, the Albany Parking Authority is limited by its enabling legislation in the manner in which it may acquire and hold property. Thus, the property is being transferred to the City of Albany, with the specifics of ownership and usage to be worked out by and between the City and the Parking Authority. The City and the State, through the DOT, must enter into the “New York State Department of Transportation Office of Right of Way Agreement for Sale of Surplus Property” as a preliminary to transferring title of the property. NECESSITY FOR LEGISLATION AND ANY CHANGE TO EXISTING LAW The New York State Department of Transportation’s Office of Right of Way is requiring the Common Council to authorize the City, by resolution, to enter into the transaction. FISCAL IMPACT None for this resolution, specifically. The City will pay the State $1.00 for the parcel. Council Member Frederick, on behalf of the Committee on Finance, Assessment, and Taxation, introduced the following: RESOLUTION 54.61.23R A RESOLUTION OF THE COMMON COUNCIL APPROVING A TRANSFER OF BUDGETED FUNDS AND A CHANGE IN THE AUTHORIZED POSITIONS OF THE FIRE DEPARTMENT, WHICH WILL AFFECT A SALARY RATE OR SALARY TOTAL WHEREAS, section 604 (D)(b) of the Charter of the City of Albany dictates that any transfer of budgeted funds that affects a salary rate or salary total, occurring after the adoption of the annual budget, requires the approval of the Common Council; and WHEREAS, the City has reached new collective bargaining agreements with the Albany Permanent Professional Firefighters Association and International Brotherhood of Teamsters subsequent to the adoption of the 2023 City Budget; and WHEREAS, the City and International Brotherhood of Teamsters have agreed to the grading of titles reflected in the following chart: TEAMSTER TITLES & GRADES GRADE GRADE JOB TITLE 12/31/22 & Prior Eff. 01/01/23 Recycling / Solid Waste Driver T.1 T.1 Auto Mechanic Jr. Grade T.3 T.1 Fire Apparatus Mechanic T.2 Heavy Vehicle Mechanic T.2 T.3 Auto Mechanic Sr. Grade T.4 T.4 and WHEREAS, the City of Albany Civil Service Commission certified the new title of ‘Fire Apparatus Mechanic’ on April 27th, 2023; and WHEREAS, the Budget Director has requested that transfers of funds be made in accordance with the following chart: Action G/L Account Budget Line Amount Increase Interest & Earnings A.1000.2401 $100,000.00 Increase Salaries (Fire Dept.) A.3410.7000 $100,000.00 and WHEREAS, the Budget Director has also requested that the amendments reflected in the subsequent chart to the authorized positions of the Fire Department be made; and  Action Title Budget Line Salary Grade Eliminate (2) Auto Mechanic Jr. Grade A.3410.7000 T.3 Create (2) Fire Apparatus Mechanic A.3410.7000 T.2 NOW, THEREFORE, BE IT RESOLVED, that the Common Council of the City of Albany consents to the transfer of budgeted funds affecting a salary rate or salary total due to a the settlements of collective bargaining agreements with the Albany Permanent Professional Firefighters Association and International Brotherhood of Teamsters. To: Danielle Gillespie, City Clerk From: Brett Williams, Esq., Senior Assistant Corporation Counsel Re: Common Council Legislation Supporting Memorandum Date: May 11, 2023 Sponsor: Council Member Frederick o/b/o Finance Committee RESOLUTION 54.61.23R TITLE A RESOLUTION OF THE COMMON COUNCIL APPROVING A TRANSFER OF BUDGETED FUNDS AND A CHANGE IN THE AUTHORIZED POSITIONS OF THE FIRE DEPARTMENT, WHICH WILL AFFECT A SALARY RATE OR SALARY TOTAL GENERAL PURPOSE OF LEGISLATION The purpose of the legislation is to make changes required in order to effectuate the settlements of collective bargaining agreements with the Albany Permanent Professional Firefighters Association and the International Brotherhood of Teamsters. NECESSITY FOR LEGISLATION AND ANY CHANGE TO EXISTING LAW Pursuant to section 604 (D)(b) of the City Charter “any transfer of budgeted funds that affects any salary rate or salary total” requires the approval of the Common Council. FISCAL IMPACT The settlement of the two collective bargaining agreements is projected to cause salary expenditures within the Fire Department to exceed adopted appropriation levels by approximately $100,000. Offsetting this expenditure increase is higher than anticipated interest and earnings revenues in the same amount.