Law, Buildings and Code Enforcement 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 December 3, 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 , leave live comments on our public comment line at 518-694-3987 or on our website by Thursday, December 3, 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. COMMON COUNCIL COMMITTEE MEETING LAW, BUILDINGS AND CODE ENFORCEMENT Joseph Igoe, Chair DATE: Thursday, December 3, 2020 TIME: 5:30 PM TOPIC OF DISCUSSION: LOCAL LAW N of 2020 A LOCAL LAW AMENDING CHAPTER 363 OF THE CODE OF THE CITY OF ALBANY IN RELATION TO THE CREATION OF AN APPLICATION AND LICENSING PROCESS FOR DOOR TO DOOR VENDORS ORDINANCE 23.101.20 AN ORDINANCE AMENDING ORDINANCE 8.31.19 (As Amended) ENTITILED: “AN ORDINANCE AMENDING ARTICLE VIII (FARM ANIMALS) OF CHAPTER 115 (ANIMALS) OF THE CODE OF THE CITY OF ALBANY TO AUTHORIZE AND PERMIT THE KEEPING OF HENS AS ADOPTED BY THE COMMON COUNCIL OF THE CITY OF ALBANY ON JULY 1, 2019 IN RELATION TO THE EXPIRATION THEREOF ORDINANCE NUMBER 45.122.19 AN ORDINANCE AMENDING CHAPTER 359 (VEHICLES AND TRAFFIC) IN RELATION TO THE SUSPENSION OF SPECIAL EVENTS IN CERTAIN CITY PARKS DURING A DECLARED SNOW EMERGENCY PUBLIC COMMENT PERIOD: Yes Council Member ______ introduced the following: Local Law N of 2020 A LOCAL LAW AMENDING CHAPTER 363 OF THE CODE OF THE CITY OF ALBANY IN RELATION TO THE CREATION OF AN APPLICATION AND LICENSING PROCESS FOR DOOR TO DOOR VENDORS BE IT ENACTED by the Common Council of the City of Albany as follows: Section 1. Subsection (C) of Section 363-9 (Requirements for door-to-door vendors) of Chapter 363 (Vendors) of the Code of the City of Albany is hereby amended to read as follows: C. [In addition to any requirements promulgated by the City Clerk, an applicant for a door-to-door vending license must consent to a background check involving fingerprint identification prior to the issuance of said license.] Any person desiring to act as a door-to-door vendor in the City of Albany shall first obtain a license to vend door-to-door in accordance with the following provisions: (1) Any person seeking a license to vend door-to-door shall file with the City Clerk an application upon a form furnished by the City Clerk. Such application shall require the applicant to provide: a. The number and kind of vehicle to be used by the applicant, if any, in carrying on the business for which the license is desired. b. The kind of goods, wares, and merchandise the applicant intends to sell or the kind of service the applicant intends to perform. c. The method of distribution for such goods or services. d. The name, address, and date of birth of the applicant. e. A statement as to whether the applicant has been convicted of a crime, and if so, the date of conviction(s), the name of the crime(s) of which the applicant was convicted, the penalty imposed for the conviction(s), and the name(s) and address(es) of the court(s) in which the applicant was convicted. f. The name and address of the person, firm, or corporation that the applicant represents. g. The length of time for which the applicant desires the license.  h. Fingerprints in the form and manner prescribed by the New York State Division of Criminal Justice Services (“DCJS”), along with any applicable fees required by DCJS. i. Such other information as the City Clerk may require to substantiate the above items. (2) The City Clerk shall forward the applicant’s fingerprints and any applicable fees to DCJS in the form and manner as prescribed by DCJS for a complete history record check. (3) The Corporation Counsel shall review all information provided by DCJS in connection with any applicant’s criminal history and shall determine whether any such convictions render an applicant unfit to carry out the duties of a door-to-door vendor. In making such determinations, the Corporation Counsel shall give due consideration to the provisions of sections 701 through 703-b and 751 through 753 of the New York State Correction Law. (4) If an applicant’s application is approved, the applicant shall only be entitled to engage in the sale of the merchandise or services listed in the applicant’s application. Section 2. This local law shall take effect upon public hearing, final passage, and filing with the Secretary of State. APPROVED AS TO FORM THIS 24TH DAY OF SEPTEMBER ______________________________ Corporation Counsel To: Danielle Gillespie, City Clerk From: Brett Williams, Senior Assistant Corporation Counsel Re: Request for Common Council Legislation Support Memorandum Date: September 24, 2020 SPONSOR: To be determined LOCAL LAW N OF 2020 TITLE A LOCAL LAW AMENDING CHAPTER 363 OF THE CODE OF THE CITY OF ALBANY IN RELATION TO THE CREATION OF AN APPLICATION AND LICENSING PROCESS FOR DOOR TO DOOR VENDORS GENERAL PURPOSE OF THE LEGISLATION Currently, under Code §§ 363-4 and 363-5, all vendors (as that term is defined in § 363-2) must obtain and pay a fee for a license before they are allowed to vend any merchandise or services in the city. Vendors who wish to ply their trade door-to-door must also adhere to a number of other requirements laid out in § 363-9, including submission to fingerprinting and a background check. The Department of Criminal Justice Services (“DCJS”), which conducts fingerprinting and background checks on the City’s behalf for this purpose, has informed us that our law, as currently written, does not meet all of their requirements “to constitute sufficient authorization to submit non-criminal applicant fingerprint inquiries to DCJS,” and has informed us that they will not take fingerprints or run background checks for the City if we do not amend our law to bring it into compliance with their requirements. This legislation does so. NECESSITY FOR LEGISLATION AND CHANGE TO EXISTING LAW DCJS insists that local legislation must require applicants to furnish certain specific information in order “to constitute sufficient authorization to submit non-criminal applicant fingerprint inquiries.” DCJS also specifies how municipalities should review and consider the criminal histories of any applicants that may be revealed by the background checks DCJS performs. This local law, which is substantially similar to a sample local law provided by DCJS, directs the City Clerk’s office to create an application form for all would-be door-to-door vendors, though which the Clerk will obtain all the information DCJS requires. It also establishes that Corporation Counsel will review applicants’ criminal histories and determine whether they are fit to act as door-to-door vendors, while bearing in mind certain provisions of the Correction Law, as also required by DCJS. Section 363-9 has, historically, been amended by ordinance. This amendment is being done by local law, however, because DCJS guidance indicates their preference for local laws, and they require proof that the legislation has been filed with the Secretary of State before they will consider approving it. FISCAL IMPACT None. Council Member Hoey, Doesschate and Anane introduced the following: ORDINANCE 23.101.20 AN ORDINANCE AMENDING ORDINANCE 8.31.19 (As Amended) ENTITILED: “AN ORDINANCE AMENDING ARTICLE VIII (FARM ANIMALS) OF CHAPTER 115 (ANIMALS) OF THE CODE OF THE CITY OF ALBANY TO AUTHORIZE AND PERMIT THE KEEPING OF HENS AS ADOPTED BY THE COMMON COUNCIL OF THE CITY OF ALBANY ON JULY 1, 2019 IN RELATION TO THE EXPIRATION THEREOF The City of Albany, in Common Council convened, does hereby ordain and enact: Section 1. Section 4 of Ordinance 8.31.19 (As Amended) as adopted by the Common Council of the City of Albany on July 1, 2019 is amended to read as follows: Section 4. This ordinance shall take effect on the 30th day after it shall become a law [and shall expire and be deemed repealed December 31, 2021]. Section 2. This ordinance shall take effect immediately. APPROVED AS TO FORM THIS 25TH DAY OF SEPTEMBER, 2020 ______________________________ Corporation Counsel To: Danielle Gillespie, City Clerk From: John-Raphael Pichardo, Esq., Research Counsel Re: Request for Common Council Legislation Supporting Memorandum Date: September 25, 2020 SPONSOR Council Member Hoey, Doesschate and Anane ORDINANCE 23.101.20 TITLE: AN ORDINANCE AMENDING ORDINANCE 8.31.19 (As Amended) ENTITILED: “AN ORDINANCE AMENDING ARTICLE VIII (FARM ANIMALS) OF CHAPTER 115 (ANIMALS) OF THE CODE OF THE CITY OF ALBANY TO AUTHORIZE AND PERMIT THE KEEPING OF HENS AS ADOPTED BY THE COMMON COUNCIL OF THE CITY OF ALBANY ON JULY 1, 2019 IN RELATION TO THE EXPIRATION THEREOF GENERAL PURPOSE OF LEGISLATION: This ordinance removes sunset on the Ordinance 8.31.19 (As Amended), also known as the Ordinance that authorizes and permits the keeping on Hens in the City of Albany. NECESSITY FOR LEGISLATION AND CHANGES TO EXISTING LAW: The Sponsor via this ordinance expresses his desire to allow the keeping of Hens in the City of Albany permanently by removing the sunset of the previously adopted ordinance. FISCAL IMPACT(S): None. Council Member Conti introduced the following: ORDINANCE NUMBER 45.122.19 AN ORDINANCE AMENDING CHAPTER 359 (VEHICLES AND TRAFFIC) IN RELATION TO THE SUSPENSION OF SPECIAL EVENTS IN CERTAIN CITY PARKS DURING A DECLARED SNOW EMERGENCY The People of the City of Albany, in Common Council convened, do hereby ordain and enact: Section 1. Subsection E of section 359-34 of Chapter 359 of the Code of the City of Albany is hereby amended to read as follows: E. During a declared snow emergency, all ordinary parking regulations will be suspended excepting those parking regulations relative to fire hydrants, driveways and handicap zones; additionally, special events in city parks otherwise designated for snow emergency parking shall be suspended for the duration of a declared snow emergency to the extent such special event would otherwise restrict the availability of snow emergency parking. Section 2. This ordinance shall take effect immediately.  Albany Common Council Memorandum in Support of Legislation Ordinance Number: 45.122.19 Sponsor(s): Council Member Conti Title: AN ORDINANCE AMENDING CHAPTER 359 (VEHICLES AND TRAFFIC) IN RELATION TO THE SUSPENSION OF SPECIAL EVENTS IN CERTAIN CITY PARKS DURING A DECLARED SNOW EMERGENCY Purpose: To assure the availability snow emergency parking in city parks. Summary: Provides for the suspension of special events in city parks designated for snow emergency parking where such event would otherwise restrict the availability of snow emergency parking. Justification: During a declared snow emergency roadway (including interior roadways otherwise closed to traffic) in certain city parks are made available for resident parking to facilitate the movement of parked vehicles that might otherwise impede snow removal efforts. During a declared snow emergency, it is contradictory to simultaneously publicize the available of parking in city parks while also holding special events which restrict parking. This ordinance would clarify that during a declared snow emergency, suspension of ordinary parking rules also includes a suspension of special events in city parks that will impede parking available. Fiscal Impact: None Effective Date: Immediate