Finance, Assessment and Taxation Committee

COMMON COUNCIL MEETING FINANCE, ASSESSMENT AND TAXATION Sonia Frederick, Chair DATE: Tuesday, April 16, 2024 TIME: 5:30 PM LOCATION: Council Chambers-2nd Floor. City Hall PUBLIC COMMENT PERIOD: YES TOPIC(S) OF DISCUSSION:  Ordinance 5.22.24 (MC) AN ORDINANCE AUTHORIZING CERTAIN PURCHASES BY THE CITY OF ALBANY, NEW YORK AT A MAXIMUM ESTIMATED COST OF $4,300,000.00 AND AUTHORIZING THE LEASE FINANCING OR THE ISSUANCE OF $4,300,000.00 SERIAL BONDS OF SAID CITY TO PAY THE COST THEREOF (LAW – SETTLEMENT PAYMENT)  Ordinance 7.32.24 AN ORDINANCE AUTHORIZING AND DIRECTING THE GRANT OF AN EASEMENT OVER A PORTION OF CITY-OWNED PROPERTY AT 327 WASHINGTON AVENUE (TAX MAP PARCEL NUMBER 65.71-1-55) TO NIAGARA MOHAWK POWER CORPORATION FOR THE INSTALLATION AND MAINTENANCE OF POWER SUPPLY TO THE EV CHARGERS THAT WILL BE INSTALLED ON THE PROPERTY  Resolution 26.32.24R A RESOLUTION OF THE COMMON COUNCIL APPROVING A TRANSFER OF BUDGETED FUNDS AND A CHANGE IN THE AUTHORIZED POSITIONS INCLUDED IN THE 2024 CITY BUDGET, WHICH WILL AFFECT A SALARY RATE OR SALARY TOTAL  Resolution 38.42.24R A RESOLUTION OF THE COMMON COUNCIL APPROVING A TRANSFER OF BUDGETED FUNDS AND A CHANGE IN THE AUTHORIZED POSITIONS INCLUDED IN THE 2024 CITY BUDGET, WHICH WILL AFFECT A SALARY RATE OR SALARY TOTAL Council Member Frederick, on behalf of the Finance, Taxation and Assessment Committee, introduced the following: ORDINANCE 5.22.24 (MC) AN ORDINANCE AUTHORIZING CERTAIN PURCHASES BY THE CITY OF ALBANY, NEW YORK AT A MAXIMUM ESTIMATED COST OF $4,300,000.00 AND AUTHORIZING THE LEASE FINANCING OR THE ISSUANCE OF $4,300,000.00 SERIAL BONDS OF SAID CITY TO PAY THE COST THEREOF (LAW – SETTLEMENT PAYMENT) The City of Albany, in Common Council convened, does hereby ordain and enact: Section 1. The objects or purposes to be authorized and financed pursuant to this ordinance are set forth below, together with estimates of the maximum estimated costs thereof; determinations of the periods of probable usefulness thereof and the subparagraphs of Section 11.00(a) of the New York Local Finance Law pursuant to which it is determined; the maximum amount of the bonds to be issued with respect to such object or purpose and the maximum term of the obligations to be issued with respect to each project or purpose. Object or Purpose: Payment of settlement from Jones v. City of Albany matter Local Finance Law Section 11 Subparagraph: 33 (a) (1) Period of Probable Usefulness: 5 years Maximum Term of Obligations: 5 years Maximum Estimated Cost: $4,300,000 Maximum Amount of Bonds: $4,300,000 Section 2. The plan of financing such objects or purposes is the lease financing of or the issuance of $4,300,000.00 serial bonds hereby authorized to be issued. Section 3. It is hereby ordered and directed that the projects specified above be undertaken and the amounts set forth as the maximum estimated costs are hereby appropriated therefor. The Board of Contract and Supply is hereby authorized to take such necessary and further steps to carry out the provisions of this section. Section 4. Pending the sale of the bonds herein authorized, the temporary use of funds from the City’s general fund, pursuant to the provisions of section 165.10 of the New York Local Finance Law, is hereby authorized. The City reasonably expects to reimburse such temporary expenditures with the proceeds of the bonds or bond anticipation notes authorized by Section 1 of this ordinance. This ordinance shall constitute the City’s “official intent” to reimburse such temporary expenditures in accordance with Untied States Treasury Regulation section 1.150-2. Section 5. The faith and credit of the City of Albany, New York, are hereby irrevocably pledged for the payment of the principal of and interest on such leases or bonds as the same respectively become due and payable. An annual appropriation shall be made in each year sufficient to pay the principal of and interest on such leases or bonds becoming due and payable in such year and such debt service payments may be made in substantially level or declining amounts as may be authorized by law. There shall annually be levied on all taxable real property of said City, a tax sufficient to pay the principal of and interest on such leases or bonds as the same become due and payable. Section 6. Subject to the provisions of the New York Local Finance Law, the power to authorize the issuance of and to sell bond anticipation notes in anticipation of the issuance and sale of the serial bonds herein authorized, including renewals of such notes, is hereby delegated in the City Treasurer, as chief fiscal officer of the City of Albany. Such notes shall be of such terms, form and contents, and shall be sold in such manner, as may be prescribed by said City Treasurer, consistent with the provisions of Local Finance Law. Section 7. The City Treasurer is further authorized to take such actions and execute such documents as may be necessary to ensure the continued status of the interest on the leases or bonds authorized by this resolution and any notes issued in anticipation thereof, as excludable from federal income taxation pursuant to Section 103 of the Internal Revenue Code of 1986, as amended (the “Code”) and to designate the bonds authorized by this resolution, and any notes issued in anticipation thereof as “qualified tax-exempt bonds” in accordance with Section 265(b)(3)(B)(i) of the Code. Section 8. The City Treasurer is further authorized to enter into a continuing disclosure agreement with the initial issuer of the leases or the purchaser of the bonds or notes authorized by this resolution, containing provisions which are satisfactory to such purchaser in compliance with the provisions of Rule 15c12-12, promulgated by the Securities and Exchange Commission, pursuant to the Securities and Exchange Act of 1934. Section 9. The validity of such leases or bonds and bond anticipation notes may be contested only if: (a) Such obligations are authorized for an object or purpose for which said City is not authorized to expend money, or (b) The provisions of law which should be complied with at the date of publication of this ordinance pursuant to Section 8 hereof are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of such publication, or (c) Such obligations are authorized in violation of the provisions of the Constitution. Section 10. Upon this ordinance taking effect, the Clerk of the Common Council is hereby authorized and directed to publish the same together with a notice in substantially the form set forth in section 81.00 of the New York Local Finance Law.  Section 11. It is hereby determined that except as hereinafter specified, the authority and funding of the projects aforesaid constitute either unlisted or Type II actions under the New York State Environmental Quality Review Act and the regulations promulgated thereunder having no adverse effect upon the environment. Section 12. This ordinance shall be dated February 12, 2024, and shall take effect upon its approval by the Board of Estimate and Apportionment of the City of Albany. APPROVED AS TO FORM THIS 12TH DAY OF FEBRUARY, 2024 _______________________________ Corporation Counsel To: Shaniqua Jackson, City Clerk From: Brett Williams, Senior Assistant Corporation Counsel Re: Common Council Legislation Supporting Memorandum Date: February 12, 2024 Sponsor: Frederick, on behalf of Finance Committee ORDINANCE 5.22.24 (MC) TITLE AN ORDINANCE AUTHORIZING CERTAIN PURCHASES BY THE CITY OF ALBANY, NEW YORK AT A MAXIMUM ESTIMATED COST OF $4,300,000.00 AND AUTHORIZING THE LEASE FINANCING OR THE ISSUANCE OF $4,300,000.00 SERIAL BONDS OF SAID CITY TO PAY THE COST THEREOF (LAW – SETTLEMENT PAYMENT) GENERAL PURPOSE OF LEGISLATION The City of Albany recently settled Jones v. City of Albany, a wrongful conviction and imprisonment proceeding in federal court. Under the terms of the settlement, Lavell Jones will receive a payment of $4.3 million from the City. Mr. Jones, together with his co-defendant Carl Dukes, was wrongfully convicted of murdering a UAlbany student in 1997. They then spent nearly two decades in jail for a crime they did not commit, until someone else confessed to the murder. The Council has already authorized bonding for the payout to Mr. Dukes (Ord. 46.102.21 (As Amended 10/28/2021)), whose case settled several years ago. As it is authorized to do under Local Finance Law § 11 (A)(33)(a), the City will bond for the settlement payment amount, repayment of which must occur within five years. NECESSITY OF LEGISLATION AND ANY CHANGE TO EXISTING LAW The Common Council must approve bond debt by ordinance. FISCAL IMPACT The City will put up to $4.3 million out to bond, repayment of which will be spread over up to five years. Council Member Balarin introduced the following: ORDINANCE 7.32.24 AN ORDINANCE AUTHORIZING AND DIRECTING THE GRANT OF AN EASEMENT OVER A PORTION OF CITY-OWNED PROPERTY AT 327 WASHINGTON AVENUE (TAX MAP PARCEL NUMBER 65.71-1-55) TO NIAGARA MOHAWK POWER CORPORATION FOR THE INSTALLATION AND MAINTENANCE OF POWER SUPPLY TO THE EV CHARGERS THAT WILL BE INSTALLED ON THE PROPERTY 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 327 Washington Avenue (tax map parcel number 65.71-1-55) in the City of Albany for the purposes of the installation and maintenance of a means to supply power to the EV chargers that will be installed on the said property, 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 29TH DAY OF FEBRUARY, 2024 __________________________ Corporation Counsel To: Shaniqua Jackson, City Clerk From: Brett Williams, Esq., Senior Assistant Corporation Counsel Re: Common Council Legislation Supporting Memorandum Date: February 29, 2024 Sponsor: Council Member Balarin ORDINANCE 7.32.24 TITLE AN ORDINANCE AUTHORIZING AND DIRECTING THE GRANT OF AN EASMENT OVER A PORTION OF CITY-OWNED PROPERTY AT 327 WASHINGTON AVENUE (TAX MAP PARCEL NUMBER 65.71-1-55) TO NIAGARA MOHAWK POWER CORPORATION FOR THE INSTALLATION AND MAINTENANCE OF POWER SUPPLY TO THE EV CHARGERS THAT WILL BE INSTALLED ON THE PROPERTY GENERAL PURPOSE OF LEGISLATION The City recently purchased 327 Washington Avenue, a parking lot from the State of New York (and will likely soon lease the property to the Albany Parking Authority to operate the lot). Part of the intention behind the acquisition of the property was to install EV chargers on the property. National Grid will be handling the installation, but will also need to supply power to the chargers. As such, they need an easement across the now City-owned parcel to install the necessary power supply apparatus. The easement would also give National Grid them permission to enter upon the City-owned property to repair and maintain these facilities. The proposed easement, together with a drawing provided by National Grid 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: RESOLUTION 26.32.24R A RESOLUTION OF THE COMMON COUNCIL APPROVING A TRANSFER OF BUDGETED FUNDS AND A CHANGE IN THE AUTHORIZED POSITIONS INCLUDED IN THE 2024 CITY BUDGET, 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 Albany Water Board has requested a change in the authorized positons included in the 2024 City Budget for the Department of Water; and WHEREAS, the City Civil Service Commission certified the new title of ‘Assistant Arborist’ on January 31, 2024; and WHEREAS, the Department of General Services has requested a change in its authorized positons included in the 2024 City Budget; and WHEREAS, in furtherance of these requests, the Budget Director has requested that the amendments reflected in the subsequent chart to the authorized positions of the Departments of Water and General Services be made; and Action Title Budget Line Grade Range Create HR Generalist II BW.8310.Positions W.6 52,000 – 78,000 Delete Accountant I BW.8310.Positions W.5 47,300 – 71,000 Create Administrative Assistant BW.8310.Positions W.3 39,000 – 58,500 Delete Confidential Assistant BW.8310.Positions W.4 43,000 – 64,500 Create Assistant Arborist A.1492.Positions W.7 57,200 – 85,800 Delete Assistant Forester A.1492.Positions CS.3 59,322 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 in order to effectuate the change in Departments of Water and General Services staffing for 2024. To: Shaniqua Jackson, City Clerk From: Brett Williams, Esq., Senior Assistant Corporation Counsel Re: Common Council Legislation Supporting Memorandum Date: March 8, 2024 Sponsor: Council Member Frederick RESOLUTION 26.32.24R TITLE A RESOLUTION OF THE COMMON COUNCIL APPROVING A TRANSFER OF BUDGETED FUNDS AND A CHANGE IN THE AUTHORIZED POSITIONS INCLUDED IN THE 2024 CITY BUDGET, 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 a change in the staffing of the Departments of Water and General Services to provide these departments with the staffing roles necessary for service delivery. 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 None. Sufficient salary appropriations for these staffing changes were included in the 2024 Adopted Budget. Council Member Frederick, on behalf of the Committee on Finance, Assessment, and Taxation, introduced the following: RESOLUTION 38.42.24R A RESOLUTION OF THE COMMON COUNCIL APPROVING A TRANSFER OF BUDGETED FUNDS AND A CHANGE IN THE AUTHORIZED POSITIONS INCLUDED IN THE 2024 CITY BUDGET, 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 recently been awarded two grants: (1) $1.8 million from the US Department of Housing and Urban Development (HUD) for the period of 3/1/2024 through 9/30/2027 for the Healthy Homes Program; and (2) $0.6 million from the NYS Department of Homes and Community Renewal (DHCR) for the period of 3/1/2024 through 9/30/2026 for the HOME Program; and WHEREAS, the Department of Neighborhood Services has requested a change in the authorized positons included in the 2024 City Budget for the Department in order to effectuate these grant programs; and WHEREAS, the Department of Engineering has requested a change in the authorized positons included in the 2024 City Budget for the Department; and WHEREAS, the Department of Treasury no longer requires the level of staffing included in the 2024 City Budget for the Department; and WHEREAS, in furtherance of these requests, the Budget Director has requested that the amendments reflected in the subsequent chart to the authorized positions included in the 2024 City Budget be made; and Action Title Budget Line Grade Range Create Rehabilitation Specialist II A.6410.Positions W.5 47,300 – 71,000 Delete Tax Specialist A.1325.Positions W.8 63,000 – 94,500 Create Financial Analyst A.1440.Positions W.4 43,000 – 64,500 Delete Project Manager A.1440.Positions W.7 57,200 – 85,800 Create Sr. Project Manager A.1440.Positions W.10 76,200 – 114,300 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 in order to effectuate the change in City staffing for 2024. To: Shaniqua Jackson, City Clerk From: Brett Williams, Esq., Senior Assistant Corporation Counsel Re: Common Council Legislation Supporting Memorandum Date: March 26, 2024 Sponsor: Council Member Frederick, on behalf of the Finance Committee RESOLUTION 38.42.24R TITLE A RESOLUTION OF THE COMMON COUNCIL APPROVING A TRANSFER OF BUDGETED FUNDS AND A CHANGE IN THE AUTHORIZED POSITIONS INCLUDED IN THE 2024 CITY BUDGET, WHICH WILL AFFECT A SALARY RATE OR SALARY TOTAL GENERAL PURPOSE OF LEGISLATION The purpose of the legislation is to add the necessary staffing to implement the purposes of the recently awarded grant funding from the Federal and State Governments, and to provide the Department of Engineering with an administrative staff position. 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 Increased personal service expenditures in the amount of $72,000.00, as well as increased federal and state aid in an equal amount.