General Services, Health and Environment Committee

This meeting is being held in accordance to Governor Cuomo’s Executive Order and other Federal and State Orders that impact in-person attendance at public meetings, if applicable orders expire or are revoked before August 24, 2020, this will be an in- person meeting in City Hall, please check our website and Facebook for updates. Please submit your public comment via email commoncouncil@albanyny.gov or on our website https://www.albanyny.gov/Government/CityOfficials/CommonCouncil.aspx by Monday, August 24, 2020 12pm. These comments will be shared with members and/ or read for the record at the meeting. The meeting will be held using Zoom and streamed through the Albany Common Council’s Facebook. If we experience any technical difficulties on Facebook, the video will be streamed to YouTube: https://www.youtube.com/channel/UC-rQHp1fBLPcdk_4N6J4XbQ COMMON COUNCIL MEETING Mike O’Brien, Chair DATE: Monday, August 24, 2020 TIME: 5:30 p.m. TOPIC(S) OF DISCUSSION/CONSIDERATION: ORDINANCE 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 ORDINANCE 14.72.20 AN ORDINANCE AMENDING CHAPTER 313 (SOLID WASTE) AND CHAPTER 258 (PENALTIES) OF PART II OF THE CODE OF THE CITY OF ALBANY PUBLIC COMMENT PERIOD: YES Amended 8/10/2020 Council Member Anane introduced the following: ORDINANCE 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 The City of Albany, in Common Council convened, does hereby ordain and enact: Section 1. Chapter 345 of Part II of the Code of the City of Albany is amended to read as follow: § 345-17 Planting of trees along private property. A. Owners desiring to have trees planted along their property shall submit to the Commissioner of the Department of General Services a tree request form with a check payable to the City Treasurer for 1/2 the cost of the tree. The Commissioner of the Department of General Services reserves the right to make a final designation of kind or species of tree and the location where the same is to be planted. It shall be the responsibility of the owner to maintain the tree in accordance with this article. B. If a tree or trees has been removed pursuant to section 345-4 of this chapter, the City of Albany is required to plant another tree or trees and the City of Albany shall bear the full cost to replant. The owner of the property from which a tree or trees was removed pursuant to section 345-4 of this chapter may submit a request to the City Forester requesting that such tree not be replaced. Section 2. This ordinance shall take effect 30 days after enactment. APPROVED AS TO FORM THIS 10TH DAY OF JULY, 2020 ________________________________ Corporation Counsel Amended 8/10/2020 To: Danielle Gillespie, City Clerk From: John-Raphael Pichardo, Esq., Research Counsel Re: Request for Common Council Legislation Supporting Memorandum Date: July 9, 2020 SPONSOR Council Member Anane ORDINANCE 13.72.20 TITLE: 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 GENERAL PURPOSE OF LEGISLATION: To require the city to replant trees if a tree has been removed. Residents can request to have the city not replace a tree if it is adjacent to their property. NECESSITY FOR LEGISLATION AND CHANGES TO EXISTING LAW: Many blocks have lost most of trees and now the rest are coming down and the streets look bare. FISCAL IMPACT(S): Cost of trees and administrative cost. Amended 8/10/2020 Council Member Anane introduced the following: ORDINANCE 14.72.20 AN ORDINANCE AMENDING CHAPTER 313 (SOLID WASTE) AND CHAPTER 258 (PENALTIES) OF PART II OF THE CODE OF THE CITY OF ALBANY The City of Albany, in Common Council convened, does hereby ordain and enact: Section 1. Chapter 313-51.1 of Part II of the Code of the City of Albany is amended to read as follow: B. Upon complaint, on his or her own motion and after inspection of the property, the Commissioner of the Department of General Services or his or her designee shall notify the property owner or person occupying or having control of the property, as hereinafter provided, of any conditions on the property or sidewalk violating the provisions of Articles IV and/or V of this chapter and require compliance within five calendar days from the date such notice was mailed or within three calendar days of personal service of such notice if said notice is personally served upon the property owner, authorized agent or person or entity in control of the property. (1) Upon receiving a complaint, the Commissioner or their designee shall inspect the property or properties within 3 calendar days. E. Costs of abatement. (1) If the owner or person upon whom notice was made fails, neglects or otherwise refuses to timely comply with such notice or fails to attend a hearing scheduled pursuant to Subsection D, the Commissioner shall cause the premises to be put in such condition to correct the violation(s) cited and comply with the provisions of this chapter; the costs of which, together with a 15% 25% surcharge for inspection and other administrative costs in connection therewith, shall be certified and filed with the City Treasurer who shall render a bill to the owner and/or the person who or entity which pays the taxes on said lot or parcel of land for payment. Section 2. Chapter 258 (Penalties) of Part II of the Code of the City of Albany is amended to read as follow: § 258-1 Penalties for offenses. Amended 8/10/2020 Where the performance of any act is prohibited by ordinance or where the performance of any act is required or demanded by ordinance and no penalty for a violation of such ordinance is imposed in any section or chapter of such ordinance, the doing of such act or the failure to act, as the case may be, shall be punishable by a fine which shall not exceed $500 $1,000.00 in amount or by imprisonment not exceeding 15 days, or both. Further, the Court shall award associated Court costs upon any plea or finding of guilt. Section 3. This ordinance shall take effect 30 days after enactment. APPROVED AS TO FORM ________________________________ Corporation Counsel Amended 8/10/2020 To: Danielle Gillespie, City Clerk From: John-Raphael Pichardo, Esq., Research Counsel Re: Request for Common Council Legislation Supporting Memorandum Date: July 9, 2020 SPONSOR Council Member Anane ORDINANCE 14.72.20 TITLE: AN ORDINANCE AMENDING CHAPTER 313 (SOLID WASTE) AND CHAPTER 258 (PENALTIES) OF PART II OF THE CODE OF THE CITY OF ALBANY GENERAL PURPOSE OF LEGISLATION: To require the Department of General Services to do inspections of properties within 3 days of receiving a complaint. As well as raising surcharges and penalties. NECESSITY FOR LEGISLATION AND CHANGES TO EXISTING LAW: To enhance the quality of life of residents in the City of Albany, the Sponsor is require the Department of General Services to do inspection of properties within 3 days of receiving a complaint and to raise penalties to encourage occupants and property owners to maintain their properties. FISCAL IMPACT(S): Cost of increased administrative functions (inspections, hearings, etc.) offset by imposition of a increased 25% surcharge and increase of penalty from $500 to $1,000.00 Amended 8/10/2020