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Albany County Legislature

ALBANY COUNTY LEGISLATURE

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HAROLD JOYCE OFFICE BUILDING

112 STATE STREET, ROOM 710

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ANDREW JOYCE

ALBANY, NEW YORK 12207

CHAIRMAN

(518) 447-7168 -VAX (518) 447-5695

COM

PUBLIC SAFETY

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COMMITTEE

JULY 25, 2018

APPROVING PREVIOUS MEETING MINUTES

PAUL T. DEVANE

CLERK

NECOLE M. CHAMBERS

FIRST DEPUTY CLERK

2.

3.

4.

5.

6.

AUTHORIZING AN AGREEMENT WITH THE BETHLEHEM CENTRAL

SCHOOL DISTRICT REGARDING THE PURCHASE OF PROPERTY AT 58

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VERDA AVENUE IN THE TOWN OF NEW SCOTLAND

RESOLUTION NO. 177: PUBLIC HEARING ON PROPOSED LOCAL LAW

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NO. "G" FOR 2018

RESOLUTION NO, 178: PUBLIC HEARING ON PROPOSED LOCAL LAW

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NO. "H" FOR 2018

LOCAL LAW NO. "G" FOR 2018: A LOCAL LAW OF THE COUNTY OF

ALBANY, NEW YORK TO LIMIT THE LENGTH OF TIME THAT

CANINES BE RESTRAINED OUTDOORS TO NO MORE THAN TWO

HOURS IN ANY CONTINUOUS TWELVE-HOUR PERIOD

LOCAL LAW NO. "H" FOR 2018: A LOCALLAW OF THE COUNTY OF

ALBANY, NEW YORK TO PROTECT CANINES FROM ENCLOSURE IN

DANGEROUSLY HOT OR COLD VEHICLES

LOCAL LAW NO. "R" FOR 2018: A LOCAL LAW OF THE COUNTY OF

ALBANY, NEW YORK PROHIBITING ALBANY COUNTY GOVERNMENT

FROM ASSISTING IN THE INVESTIGATION OF CITIZENSHIP OR

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IMMIGRATION STATUS OF ANY PERSON

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7.

8.

AUTHORIZING THE SUBMISSION OF A GRANT APPLICATION WITH

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THE NEW YORK STATE DIVISION OF HOMELAND SECURITY AND

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EMERGENCY SERVICES REGARDING THE PUBLIC SAFETY

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ANSWERING POINTS (PSAP) OPERATIONS GRANT PROGRAM

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LOCAL LAW "1" FOR 2018: A LOCAL LAW OF THE COUNTY OF

ALBANY TO ENACT THE REQUIREMENTS OF THE INTERNATIONAL

BUILDING CODE REQUIRING RESIDENTIAL FIRE SPRINKLERS IN

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NEW CONSTRUCTION WITHIN ALBANY COUNTYHonorable Andrew Joyce and Members of the Albany County Legisla

ture:
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LADIES AND GENTLEMEN:The Public Safety Committee of the Albany County Legislature met on June27, 201

8. Chairperson Lockart, Messrs. Bullock, Clay, Muller, Signoracci, Ward,Tunny, Stevens and Ms. Plotsky were present. The following items were discussedand/or acted upon:
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1.

2.

3.

4.

5.

6.

7.Approving Previous Meeting Minutes: Unanimously approved.Authorizing an agreement with the Bethleh

em Central School Districtregarding the purchase of property at 58 Verda Avenue in the Town of NewScotland: Tabled at the request of the Sponsor.Resolution No. 177: Public Hearing on Proposed Local Law No. "G" for 2018:Tabled at the request of the Sponsor.Resolution No. 178: Public Hearing on Proposed Local Law No. "H" for 2018:Tabled at the request of the Sponsor.Local Law No. "G" for 2018: A Local Law of the County of Albany, NewYork to limit the length of time that canines may be restrained outdoors to nomore than two hours in any continuous twelve-hour period: Tabled at therequest of the sponsor.Local Law No. "H" for 2018: A Local Law of the County of Albany, NewYork to protect canines from enclosure in dangerously hot or cold vehicles:Tabled at the request of the sponsor.Local Law "l" for 2018: A Local Law of the County of Albany to enact therequirements of the international building code requiring residential firesprinklers in new construction and substantial additions within AlbanyCounty: Legislator Miller appeared before the committee to speak on theissue. Mr. Miller indicated that this proposal would help save lives byinstalling sprinklers systems in newly constructed homes, and that costswould only rise slightly regarding the installation of such sprinkler systems.Concerns were raised about the overall cost of these systems and how thesemight affect residents looking to build in the rural areas of the county. After
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a brief discussion, the Committee voted unanimously to move the proposalforward for legislative acti

on without recommendation.Authorizing an Agreement with Mortorola Solutions Regarding theInteroperable Communications System: The Albany County Sheriff requestedauthorization to enter an agreement with Motorola Solutions, Inc. to
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8.

9.reconfigure the existing analog simulcast system and add nationalinteroperable channels to Interop

erable Communications sites in AlbanyCounty. The Sheriff indicated that this contract will be funded by a grantreceived from the NYS Division of Homeland Security and EmergencyServices, in an amount not to exceed $995,332. After a brief discussion, theCommittee voted unanimously to move the proposal forward for legislativeaction With a favorable recommendation.Authorizing The Submission Of A Grant Application To The NYS DivisionOf Homeland Security And Emergency Services Regarding EmergencyPreparedness Initiatives: The County Executive requested authorizationto submit a grant application to the NYS DHSES regarding EmergencyPreparedness Initiatives in an amount not to exceed $565,555, and indicatedthat funding will be allocated to (1) the Albany County Citizen Corps, (2)Health Preparedness Planning, (3) enhancements to County cyber security,(4) development of an active shooter plan for the continuity of government,and (5) furtherance of interoperable communication for the region. After abrief discussion, the Committee voted unanimously to move the proposalforward for legislative action with a favorable recommendation.Authorizing The Submission Of A Grant Application To The NYS DivisionOf Homeland Security And Emergency Sewices Regarding The ExplosiveDetection Canine Team: The Albany County Sheriff requested authorizationto submit a grant application to the NYS DHSES regarding the ExplosiveDetection Canine Team grant in the amount of $50,000 for the periodSeptember 1, 2018 to August 31, 2020. The Sheriff further indicated thegrant will be allocated for the purchase of an Explosive Detection Canineready vehicle and general program sustainment and enhancement. After abrief discussion, the Committee voted unanimously to move the proposalforward for legislative action with a favorable recommendation.Respectfully Submitted,The Public Safety Committee
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PATRICE LOCKART, CHAIRPERSON

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WILLIAM M. CLAY

DOUGLAS A. BULLOCK

PAUL MILLER

RALPH SIGNORACCI

VICTORIA PLOTSKY

SEAN WARD

PETER B. TUNNY

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TRAVIS O. STEVENS

ALBANY COUNTY SHERIFF'S OFFICECounty Court House Albany, New York 12207 (518) 487-5400

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VMWAVBANYGOJNTYSHER'FELGOM

CRAIG D. APPLE, SR.

MICHAEL S. MOATELEONE

WTLLI_ÅM M. RICEFebruary 9, 2018Honorable Andrew JoyceChairman, Albany County Legislature

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112 State Street, Room 710Albany, New York 12207Dear

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PAUL M. COURCELLE

KERRY B. THOMTSONThe attached correspondence is forwarded for presentation to the Public Safety Comm

ittee ofthe Albany County Legislature.
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I respectfully request legislative action in the form Of a resolution authorizing a purchaseagreemen

t between the Bethlehem Central School District and the County of Albany providing for theacqüisition of the building and property located at 58 Verda Avenue, Clarkesville, New York, knownas the Sheriffs Public Safety Building.This facility is home to the Albany County Sheriff s Patrol Division, the Albmy CountyEmergency Operations Center, the Albany County Emergency Medical Services Division, the AlbanyCounty Fire Coordinator' s Office, the: Search andeam and the Criminal Investigations Unit.The property also serves as a sheltering point during emergencies and is utilized as a centralizedlocation for public outreach as well as numerous community events.The proposed agreement would replace the recently expired lease ageement between theparties and allows this office to make immediate upgrades to the building that would providesustainabüity and the services that We provide to the citizaas of Albany County.The agreed upon purchase price for the building and property subject to this Ageement is$325,000.00, which was also determined by the parties to be a fair and accurate market value for theproperty. Ih.is would require Albany County to make a one-time payment of $198,000.00 (which is theaggregate of fle next three years of lease payments should ule county have chosen to renew),supplemented by five years of in kind security services to be performed by this offce (valued at
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$127,000.00).cc:Should there be any questions, do not hesitate to call.

Y,Hon. Daniel P. McCoy, County Execufr,reHon. p at-ice Lockart, public Safrty ChairmanHon. Dr. Charl

es Dawson, Audit & Finance CommitteeBrandon Russell, Esq., Majority CounselAmis Zilgne, Esq., Minority Counsel
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REQUEST FOR LEGISLATIVE ACTION

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FOR COUNSEL USS ONLY

DATE:

RECEIVED:

EYED BY:

FEBRUARY S, 2018

ALBANY COUNTY SHERIFF'S OFFICE

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*PARTMENT:

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CONTACT PERSON:

TELEPHONE

DEPT. REPRESENTATIVE ATTENDING

*RIFF CRAIG D APPLE SR

58447-5

SHERIFF CRAIG O APPLE SR

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COMMITTEE MEETING PUBLIC SAFETY

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PURPOSE OF REQUEST:

ADOPTION OF LOCAL CAW

AMENDMENT OF PRIOR LEGISLAT*ON

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APPROVAUADOPTION OF PLAVPROCEDURE

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BOND APPROVAL

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BUDGET AMENDMENT (SEE

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CONTRACT (SEE BELOW)

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ENV'RONMENTAL IMPACT

HOME RULE REQUEST

PROPERTY CONVEYANCE

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OTHER: (STATE BRIEFLY IF NOT LISTED ABOVE)

THE SHERIFF'S OFFICE LOOKING TO PURCHASE THE BUILDING AND PROPERTY AT S8

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VERDAAVE. IN CLARKSVILLE, NY

, CONCERNING BUDGET AMENO#NTé

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STATE. THE FOLLOWING

2NCREASE ACCOUNT/LINE NO.

SOURCE OF FUNDS:

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TITLE CHANGE

CONCERNING CONTRACT AUTHORIZATION,

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STATE

OF CONTR*CT

CHANGE ORDER'CONTRACT AMENDMENT

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PURCHASE (EQUIPMENT/ SUPPLIES)

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LEASE

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REQUIREMENTS

PROFESSIONAL SERVICES

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EDUCATIONAL(TRA'NING

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RENEWAL

SUBMISSION DEADLINE DATE

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SETTLEMENT OF A CLAIM

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RELEASE OF LIABILITY

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OTHER (STATE BRIEFLY)x

CONCERNING CONTRACT AUTHORIZATION (EONPD)

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STATE THE FOLLOWING:

CONTRACT TFRMSJCONDITIDNS:

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PARTY (NAMEADDRESS):

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3ETHLEHEM CENTRAL SCHOOL DISTRICT

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700 DELAWARE AVENUE

DELMAR, NEW YORK 12054

S 325,000.00 DETAILS BELOW)

SCOPEOF SERVES. A ONE-TIME CASH PAYMENT OF $198,000

SUPPLEMENTED BY FIVE YEARS OF IN KIND SECURIn• SERVICE TO BE

PERFORNED BY THIS OFFICE (VALUED AT

CONTRET FUNDING:

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ANTICIPATED IN CURRENT BUDGET:

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FUNDING SOURCE:

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COUNTY BUDGET ACCOUNTS:

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REVENUE

APPROPRIATION:

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BOND(RES. NO. & OATE OF ADOPTION)

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CONCERNING ALL REQUESTS:

MANDATED PROGRAWSERMCE:

IF MANDATED CITE AUTHORITY

ANTIGPATED IN CURRENT ADOPTED BUDGET:

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IF YES, INDICATE REVENUE APPROPRIATION ACCOUNTS.

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YES

NOx

FISCAL IMPACT - FUNDING:

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FEDERAL

STATE

COUNTYTERMfLENGTH OF FUNDING

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(DOLLARS OR PERCENTAGES)

100%

PREVIOUS REQUESTS FOR IDENTICAL OR SIMILAR ACTION:

RESOLUTIOWLAW NUMBER,

DATE OF ADOPTIOBL•

JUSTIFICATION: (STATE BRIEFLY WHY LEGISLATIVE ACTION IS REQUESTED)

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THE $198,000 PAYMENT ts THE EQUIVALENT TO THE NEXT 3 YEARS OF LEASE PAYMENTS

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HAD WE RENEWED THE LEASE WE MLL SAVE $140,000, WHICH WERE THE cost OF YEARS 4 & S

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HAD WE RENEWED. THIS PURCHASE WOULD ALSO ALLOW US TO BEGIN RENOVATIONS ON THE

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PROPERTY IMMEDIATELY.

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BACK-I-'P MATERIAL SUBMITTED

(LE APPLICATION,'APPROVAL NOTICES FROM FUNDING SOURCE,

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BID TABULATION SHEET, CIVIL SERVICE APPROVAL NOTICE, PROGRAM ANNOUNCEMENT, CONTRACTS

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AND/OR ANY MATERIALS WHICH EXPLAIN OR SUPPORT THE REQUEST FOR-LEGISLATIVE ACTION.)

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A COPY OF PURCHASE AGREEMENT

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SUBMITTED BY:

CRAIG D APPLE SR

SHERIFF

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PURCHASE AGREEMENTBy and between

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BETHLEHEM CENTRAL SCHOOL DISTRICT. and

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COUNTY OF ALBANYby and through its

SHERIFF'S OFFICEFor the premises known as:Clarksville Elementary School

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58 Verda Avenuein the Hamlet ofClarksvilleTown of New ScbttandAlbany County, New York

4838-73261403,

PURCHASE AGREEIVLENT

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THIS PURCHASE AGREENIENT (tms "Agreement") is made as of this day cf

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2018 (the "Effective Date"), by and between the Bethlehem Central SchoolDistrict, having an address

of 700 Delaware Avenue, Delmar, New York 12054 ("Seller"), andthe County of Albany, New York by and through its Sheriffs Offce, having an address of AlbanyCounty Courthouse, Room 218, Albany, New York 12207 ("Purchaser"). Individually Seller andPurchaser may be referred to herein as a "party" and, collectively, as the "parties."
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RECITALSWHEREAS, Sell< owns that certain real property and improvements thereon, commonlyknown as th

e Clarksville Elementary School located at 58 Verda Avenue in the Hamlet ofClarksville, Tovm ofNew Scotland, County of Albany and State of New York as further describedon Exhil)it A, attached hereto (the "Prope#y"); andWHEREAS, the Property has not been used for school puvoses since 2011 ; andWHEREAS, Seller has leased the Property to the Purchaser since 2012 pursumt to diatcertain Lease dated as of August 1, 2012 (the "Lease"); andWHEREAS, Seller and Purchaser have agreed to terms of sale of the Property, and nowdesire to memorialize such terms and conditions in this Agreement.NOW, THEREFORE, in consideration of the mutual covenants herein contained,receipt md sufficiency is hereby acknowledged, and desiring to be bound hereby, the parties agreeas follows:
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ARTICLE 1: SALE OF PREMISES1.01. For and in consideration of the Purchase Price and the covenants, c

onditions, andagreements herein reserved, mentioned and contained on the part ofPurchaser to be paid, kept andperfonned, Seller hereby agrees to sell to Purchaser, and Purchaser hereby agrees to purchase fromSeller, the Property subject to the terms, conditions, agreements expressed, in ' 'ASIS/WHERE IS" condition With all faults and no representations expressed or implied.1.02. the event that SeLler is directed by New York State Department ofEducation or anyapplicable law, rule or regulation to termülate this Agreement, Seller shall provide wriüen noticeto Purchaser and this Agreement shall become null and void -and Seller shall have no furfferobligations hereunder.
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ARTICLE 2: TERMS AND DEFINITIONS'2.01. The following terms and definitions shall be applied unifomly

throughout this Agreement:
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2

4838-7326-1403,

A.

B.

C."Closing" shall have the meaning set forth in Section 5.01."Closing Statement" shall have the mean

ing set forth in Section 26.04.'Effective Date" shall have the meaning ascribed to that term in the first paragraphOf this Agreement.

D.

E."Environmental Datnages* shall have the meaning set forth in Section"Environmental Laws" shall hav

e the meaning set forth in Section 15.01"Govemmental Authority*' shall mean any governmental or quasi-governmentalbody or agency having jurisdiction over åe or the parties hereto, including, withoutlimitation, the State ofNew York, County of Albany, and Town of New Scotland.
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G.

H.

I.

K_

L

M.

N.

O.

P.

Q.

S.fHazardous Materials" shall have the meaning set forth in Section 15.01"In-Kind Services" shall ha

ve the meaning set forth in 4.03.'Clnterest Rate" shall have the set forth in Section 13.03."Property" shall have the meaning set forth in Section 3.01."Legal Requirements" shall have the meaning set forth in Section 8.01.'Objections" shall have the meaning set forth in Section 5.06."Proration Time" shall have the meaning set forth in Section 5.05."Purchase price? shall have the meaning set forth in Section 4.01'Real Estate Taxes" shall have the meaning set forth in Section 3.02."Rent" shall have die meaning set forth in Secüon 2.02."Taxing Authority" shall have the meaning set forth in Section 3.02.'Title Commitment" shall have the meaning set forth in Section 5.06."Title Company" shall mean
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ARTICLE 3: PROPERTY3.01. The "PropatY' consists of au that certain real property, including all-impr

ovementsthereon, know-n as Clarksville Elementary School located at 58 Verda Avenue in the Hamlet of
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3

4838-7326-1403.Clarksville, Town of New Scotland, Albany County, New York as fin-ther described on E

xhibit A,attached hereto.

ARTICLE 4: PURCHASE PRICE AND IN-KIND SERVICES4.01. The Purchase price for the Property shall be Thr

ee Hundred Twenty-Five ThousandDollars ($325,000.00). The Parties agree that this Purchase Price is a fail and accuraterepresentation of the value of the Property, given the considerations stated herein.4.02. The Purchase Price shall be paid by Purchaser to Seller as follows:(a) One Hundred Ninety-Eight Thousand Dollars ($ 198,000.00) in cash paid atClosing; and(b) In-Kind Services provided by Puréhaserto Seller during the In-Kind Services Term(as defined herein) valued at One Hundred Twenty Seven Thousand Dollars (S 127,000.00) which. shall survive Closing.4.03. The parties agree that Purchaser' s immediate purchase pf the Property will save Seller aconsiderable amount in carrying costs given-the average open-market time for buildings similar tothe Property, and provide Seller with a degree Of certainty for its economic filture.4.04. The parties agree that Ole above described Purchase price and the values for the In-KindServices provided represent a fair and accurate representation of the value of such costs, credits,and/or services.4.05. Purchaser hereby covenants and agrees to provide to Seller, at no additional charge or fee,the following In-Kind Services for a period of five (5) years (the "In-Kind Services Terni")following the Closing: Two sheriffs to patrol (in two separate patrol vehicles) the perimeter of thehigh school, including the adjacent Transportation Facility, and the Operations & MaintenanceFacility. Coverage shall, typically, be from the Tuesday eveni_ng follovwing Memorial Day throughthe evening of graduation (typically the lastFriday in June). The hours ofcoverage shall, typically,be from 10:00 pm to 6:00 am. Ihe exact days and times of coverage shall be coordinated-withtheSeller annually. A marked sheriffs vehicle is to be used, and the sheriffs shall be in uniform. Theobligation to provide. such In-Kind Services shall survive the Closing.4.06. Purchaser and Seller agree that Purchaser's Services provided during the Tem areto be valued as follows:Year
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2

4

5

4838-7326-1403,Annual Value o Services

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$24,359

S24,869

S25 389

$25 0

463

4"Year I shall mean the first full period as described in Anicle 4.05 above following closing.4.07.

agree that the credit granted for Purchaser's provision of In-Kind Services is afair and accurate representation ofthe value for such services. IfPurchaser ceases to provide Sellerthe In-Kind Services at any time during the In-Kind Services Term, Purchaser shall pay Seller onehundred-fry percent (150%) Of the value for such services, based upon the values listed in Section4.06 above, prorated on aper diem basis for the time remaining in the agreed-upon period Thisobligation shall survive Closing.
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ARTICLE 5: CLOSNG AND coNDIT10Ns5.01. The closing hereunder ("Closing") shall be held and delivery O

f an items to be made at theClosing under the terms of this Agreement shall be made in person at a location to be fixed byfi.ffure mutual agreement Of the Panies on or about
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2018 (the "ClosingDate").5.02. The Lease shall remain in effect until Closing.5.03. At or before Clo

sing, Seller shall provide Purchaser the following items:(a) A duly executed and ackhowledged Quit C laim D eed for the Property in the formattached hereto as Exhibit "A" (the "Deed'), together with a Combined Real Propaty TransferGains Tax Afidavit, Real Estate Transfer Tax Return, Credit Line Mortgage Certification ("FormTP-584"), and Real Property Transfer Form ("Form RP-5217");(b) A certificate pursuant to Section 1445 of the Revenue Co de, mdwhich Purchaser is entitled to rely, that Seller is not a 'foreign personn within the meaning ofSection 14450(3) of the hlternal Revenue Code in the form attached hereto as Exhibit "B";(c) Two (2) duly executed co unterparts of the Clo sing Statement.5.04. At or before Closing, Purchaser shall provide Seller with the following:@ The cash portion of the Purchase Price;(b) A duly executed Form TP-584;(c) Documentation to establish to the Seller's reasonable satisåction the due authorityof Purchaser's acquisition of the Property and Purchaser's delivery of the documents required tobe delivaed by Purchaser pursuant to this Agreement;(d) Such other documents as may be agreed upon by Seller and Purchaser toconsummate the purchase of the Property as contemplated by this Agreement; and(e) Two (2) duly executed counterparts of the Closing Statement.
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5

4838-7325-1403,5.05. The tem ' 'Proradon Time" shall mean 11:59 p.m. on the date immediately precedi

ng theClosing Date, w-ith the effect ffat the Closing Date shall be a date of income and expense toPurchaser. Real estate taxes for the fiscal year in which Closing occurs, if any such taxes arelevied, shall be prorated on a per diem basis as ofthe Closing Date. Preliminary estimated•Closingproration's shæll be set forth on a preliminary closmg statement to be prepared by Seller andsubmitted to Purchaser for Purchaser'S approval prior to the Closing Date (the "ClosingStatement'). The Closing Statement, once agreed upon, shall be signed by Purchaser and Seller.The preli_minary proration shall be paid at Closing by Purchaser to Seller (if the preliminaryproration's result in a net eredit to Seller) or by Seller to purchaser (if the preliminary proration' sresult in a net credit to Purchaser) by increasing or reducing the cash to be delivered by Purchaserpursuant to this Agreement at the Closing.5.06. Title. (a) Purchaser shall, no later than ten (l O) business days after the Effective Date,order an owner's title insurance commitment CTitle Commitmenff). Purchaser shall promptlyfurnish (or cause its title company to famish) to Seller a copy of the Title Commitment, andPurchaser shall identify any iterns listed in thé Title Commitment that it deems objectionable("Objections"). Seller shall, within fifteen (15) -days of receipt of the list of Objections identifiedby Purchaser, notify Putchaser in writing of the Objections which Seller agrees to satisfy on or .prior to the Closing, at Seller's sole cost and expense, and of my Objections ffat Seller cannot orwill not satisfr, provided, however, that all Objections which can be cured with the payment of aliquidated sum of money Cmcluding, but not limited to, any mortgage(s) (unless Purchaser assumessaid niortgage(s)), and any mechanic's liens, judgments and unpaid taxes), shall be satisfied bySeller at Seller's sole cost and expense. Tf Seller fails to noti_$• Purchaser within the allowed fifteen(15) day period (the "Response Period") whether or not Seller will satis$' the Objections or ifSeller notifies Purchaser that it not satisfy all ofthe Objections, then Purchaser shall be entitledto terminate this Agreement by delivering written notice thereof to Seller within ten (10) daysfollovä.ng the expiration ofthe Response Period. or, if Purchaser fails to terminate, then Purchasershall be deemed to have waived the Objections which Seller did not expressly agree in writing tosatisfy.(b) Seller hereby covenants and agrees that between the date of this Agreement and theClosing Date, Seller shall not convey any interest, r@lt, or grant in the Property withoutpurchaser' s prior v,ritten consent, which consent shall not be unreasonably5.07. Ptrchaser shall pay (a) the costs of obtaining any survey of the (b) all chargesand premiums payable with respect to the Title Policy (including the cost of any title examinationfees and the cost of any endorsements to the Title Policy requested by Purchaser or Purchaser'slender, if any), (c) any costs associated with the provisions of Section 5.05 herein, and (d) anyadditional costs and charges customarily charged to buyers in accordance with common escrowpractices in the county in which the Property is located, other than those costs and chargesspecifically required to be paid by Seller under this Agreement.5.08. Except as provided above, each pæ-ty hereto shall pay its own expenses incurred inconnection with ülis Closing.
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6

4838-7326-1403.

ARTICLE 6: REPRESENTATIONS AND WARRAN'ms6.01. Purchaser agrees that it has examined the Property and

is with its physicalcondition. Seller does not make azy or warranty as to the-physical conditidn(including, without.limitation, the absence of Hazardous Substances in violation of EnvironmentalLaws), expenses, operation, maintenance, or use to which the Property may be put, or any Othermatter or thing affecting or relate* to the Property, except to the extent specifically set forth in thisAgreement. The Purchaser acknowledges that no representations or warranties of any kind ornature have been made or need to be made, and that the Purchaser has inspected the Property andagrees to take the Property "AS/WHERE IS AND WITH ALL FAULTS."6.02. On the Closing Date, Purchaser shall take the Property subject to all notes or notices ofviolations of law or municipal ordinances, orders or requirements noted in or issued by themunicipal authorities having jurisdiction, against or affecting the Property as of the Closing Date.nae Seller shall furnish the Purchaser any authorizations requested by Purchaser that may benecessary to make the searches that could disclose these matters.6.03. The parties agree to ffe following repiegentations and warranties.'(a) Othex than the matters represented in any document Sellermay deliver to Purchaserat the Closing, Purchaser has not relied upon and will not rely upon, either directly or indirectly,any representation or warranty Of Seller or any of Sellers agents or representatives, and Purchaseracknowledges that no such representations have been made. Seller specifically disclaims, andneither it nor any Other person is making, any representation, warranty or assurance whatsoever toPurchaser and no warrmties or æpreselltatious ofany kind or character, either express or implied,are rnade by Seller or relied upon by Purchaser with respect to the status of title to or themaintenance, repair, condition, .design or marketability of the Property, or any portion thereof,including but not Limited to (a) any implied or express warranty ofmerchantabi_lity, (b) any impliedor express warranty of fitness for a particular purpose, (c) any implied or express warranty ofconformity to models or samples Df materials, (d) any rights of Purchaser under appropriatestatutes to claim diminution of consideration, (e) any claim by Purchaser for damages because ofdefects, whether known or unknown, with respect to the improvements or the personal property,(O the financial condition or prospects of the Proper-ty and (g) the compliance or lack thereof ofthe Property with governmental regulations, and Purchaser hereby waives my right to make anyclaim based on of the foregoing, it being the e>press intention of Seller and Purchaser that,except as expressly set forth in this Agreement, the Property will be conveyed and transferred toPurchaser in its present condition and state of repair, 'IAS ISfMHERE IS AND WITH ALL
Tagged Passions:Capital Spending, finance, materials, compliance, market, property, arts, ordinance, fire departments and districts, Conservation, purchasing, environment, regulation, funding, and public safety

FAULTS."(b) Purchaser represents that it is a knowledgeable and experienced user of real estate,and

that it is relying solely on its own expertise and that of Purchaser's consultants in purchasingthe Property. Purchaser acknowledges and agrees that it will have or has had the opportunity toconduct such inspections, investigations and other independent examinations of the Property andrelated matters, including but not limited to the physical and environmental conditions thereoß andwill rely upon same and not upon any statements of Seller or of any offcer, director, employee,agent or attomey of Seller, except as set forth in åis Agreement. Purchaser acknowledges that allinformation obtained by Purchaser will be obtained from a variety of sources and Seller will not
Tagged Passions:services, property, Conservation, purchasing, and environment

7

4838-7326-1403,be deemed to have represented or +arranted the completeness, truth or accuracy of any

informationor ftmished to Purchaser. Purchaser acknowledges and agrees that upon theClosing Date, Seller will sell and convey to Purchaser, and Purchaser will accept the Property,
Tagged Passions:property and purchasing

"AS IS/ WHERE IS AND WITH ALL FAULTS." Purchaser further acknowledges and agreesthat there are no or

al agreements, warranties or representations, collateral to or affecting theProperty, by Seller, any agent of Seller or any parw. Seller is not liable or bound in anymanner by any oral or written statemnts, representations or information pertaining to the Propertyfurnished by any real estate broker, agent, employee, servant or other person, the same arespecifically set forth or referred to in this Agreement. Purchaser acknowledges that the PurchasePice reflects the "as is, where is" nature of this sale and any faults, liabilities, defects or otheradverse matters that may be associated the Property.(c) Purchaser, With Purchaser's counsel, has fillly reviewed the disclaima•s and waiversset forth in this Agreement, and understands ffe significance and effect thereof. Purchaseracknowledges and agrees that the displaimers and other agreements set forth in this Agreement arean integral part Of this Agreement, and that Seller would not have agreed sell Property toPurchaser for the Purchase Price without frie disclaimer and othex agreements set forth in thisAgreement. The terms conditions of this subsection 6.03 will Survive the ClosingDate and will not merge with the provisions of any Closing documents.
Tagged Passions:strategic, sale, property, arts, purchasing, and public safety

ARTICLE 7: BROKERAGE FEES7.01. Each party covenants, represents, and warrants that such party has ha

d no dealings ornegotiations with any brokerage or agent in connection •with the consummation ofthis Agreement,and such party agrees to hold harmless and indemnifr the other party from and against any and allcosts, expenses (including reasonable attomeys' fees and court costs), loss, and liability for anycompensation, commissions, or charges claimed by any broker or agent, with respect to thisAgreement or the negotiations thereof.
Tagged Passions:compensation, college prep, court, drugs, boards and commissions, arts, legal, and public safety

ARTICLE 8: WAIVER OF JURY TRIAL AND VENUE8.01. Seller and Purchaser hereby waive taial by jury in an

y action, proceeding or counterclaimbrought by either of the parties hereto against the other on any matters arising out ofor in any way in colmection with this Agreement, the relationship of Seller and Purchaser,Purchaser's use or occupancy of the Property, and/or other claims (except claims for personalinjury or property damage), and any emergency statutory or any other statutory remedy. It ismutually agreed that a court of competent jurisdiction located in the County of Albany, State ofNew York, vv•ill serve as venue to resolve any and all disputes, and each party hereby consents andsubmits to the personal jurisdiction of such cotüt.
Tagged Passions:jury, pets, vocational education, court, emergency, property, arts, legal, and purchasing

ARTICLE 9: POSSESSION9.01. Subject to the terms and conditions set forth in the Lease Agreement date

dpurchaser shall continue possession of the Property from the Effective Date until Closing. UntilClosing, all terms and conditions of the L.eße shall remain in full force and effect.
Tagged Passions:leasing, property, arts, and purchasing

8

4838-7326.1403,

ARTICLE 10: ASSIGNMENT AND SUBLETTING10.01. Purchaser shall not assign (including, without limitatio

n, assignment by operation of law),sublet. demise or suffer any other person to occupy or use the Property, in whole or in part, all orany pan of the Property, without the prior written consent of Seller, which may be withheld in itssole and absolute discretion. the foregoing, Seller has consented to the use of aportion ofthe Property notto exceed approximately ftree Thousand Five Hundred Twenty (3,520)-square feet by the Tovm of New Scotland (2,130 sq. for the cafeteria; 750 sq. ft for the stage;and 640 sq. ft for Room 25 AIB) for a usage fee of One Thousand Dollars ($1,000) per month.Such usage fee shall accrue to the Purchaser but any change to the area or times used or the feepaid by the Town of New Scotland shall require the written consent of Seller, which may bewithheld in Seller's sole and absolute discretion until Closing.
Tagged Passions:restaurants, trees, property, arts, and purchasing

ARTICLE 11.: WAIVER11.01. The waiver of either party hereto of any breach of any term, covenant or c

ondition hereincontaüled shall not be deemed to be a waiver of any subspquent breach of the same or any otherterm, covenant, or condition herein contained. -Ihe sub"quent acceptance of Rent under the Leaseby Seller shall not be deemed to be a waiver of my preceding breach by Pin-chasec of any term,covenant or condition of this Agreement, other than the failure of Purchaser to pay the particularrental so accepted, regardless of Seller's knowledge of such preceding breach at the time Ofacceptance of such Rent. No covenant, term or condiåon of this Agreement shall be deemed tohave been waived by either party, unless such waiver is acknowledged in writing by such party.
Tagged Passions:rental, leasing, arts, and purchasing

ARTICLE 12: NOTICES12.01. Any notice or communication by any party to the other required or permitte

d hereundershall be in writing and shall be deemed duly served as of@the date it is delivered by hand or by(with appropriate acknowledgement of receipt), t) three (3) business days after having beenmailed by certified mail, postage prepaid, return receipt requested, or (c) the next business dayafter having been sent for delivery on the next business day, shipping prepaid, by a nationallyrecognized overnight in each case to the receiving party at the address set forth below, orat such other address as a party may designate by written notice to the other party sent inmanner set Notices may be given on behalf of the parties by their respective legalTo Seller:
Tagged Passions:TIF, pets, Public Transit, union, business, arts, legal, recognition, funding, and Taxes

4838-7323.1403,Bethlehem Cental School District

Tagged Passions:education

700 Delaware AvenueDelmår New York 12054Attn: Judith E. Kehoe

9wiül a copy to:To Purchaser:il,miteman Osterman & Hanna LLPOne Commerce PlazaAlbany, New York 12260

TeL: (518) 487-7600Fax: (518) 487-7777Attn: Robert Gach, Esq.County of AlbanyAlbany County Courthouse, Room 79Albany, New York 12207Fax: (518) 477-5564Attn: County Attorney
Tagged Passions:court, legal, and purchasing

ARTICLE 13: ADDITIONAL UNDERSTANDINGS AND SERVICES13.01. The "Clifford" murals located on and at the

Property must be preserved by Purchaser andmay not be altered, painted-over, modified Or compromised in any way afier Closing.Additionally, Purchaser agrees not remove, alter or cover the bronze plaque at the frontentrance; or (ii) the "peace pole" in the front ofthe building; both contained within the Property atany time. The peace pole may be moved to the back Of the Property as a tribute to the Property'sprevious use as a school.13.02. At Closing, Purchaser shall receive title to and possession of: (i) modular furniture locatedat the Propeny, and @ the cfrculation desk and shelving units located in ffe 'library* of theProperty.13.03. Consistent wiå the Historical Designation of the Lease Premises, Purchaser herebycovenants that it will preserve and maintain the exterior condition of the Property in its currentstate for at least ten (10) years after the Closing Date.13.04 Consistent terms mutually to be agreed upon at a latex date, Purchåser shall make thetraining/conference room of the Property available to Seller for off-site program use (i.e.instruction for students temporarily suspended from school), writh minimal modifications to theconfiguration ofthe room and related technological features. Such use by Seller shall be at Seller'sreasonable request and at no cost to Seller.13.05. If, at any point after the Closing Date, Purchasz decides to sell the Property for any reasonwhatsoever, Seller shall have the right of first refrsal to make an offer to purchase Propertyfrom Purchaser, upon such terms and conditions as the Parties may mutually agree upon or uponthe same terms of any gonafide offer Seller has agreed to accept. At any time, upon the request ofSeller, the parties shall execute and record a Ibemorandum documenting such right-of-first-refusalat Seller's cost and expense.13.06. The provisions of ffis Article 13 shall survive Closing.
Tagged Passions:services, pole, students, leasing, instruction, pets, vocational education, union, education, historical, strategic, program, historic, training, library, property, arts, and purchasing

ARTICLE 14: MSCELLANEOUS

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4838-7326-1403.14.01. This Agreement shall be construed •without regard to any presumption or other

nllerequiring construction against the party causing ff.is Agreement to be drafted.14.02. Except as otherwise expressly provided in tås Agreement, each covenant, agreement,obligation or other provision of this Agreement on Purchaser's part to be performed shall bedeemed and construed as a separate and independent covenant of Purchaser, not dependent on anyofller provision of this Agreement.14.03. Except as otherwise provided herein, whenever payment ofinterestisrequired by the termshereof it shall be at the Interest Rate as defined in Section 13.03.14.04. *lhe covenants, conditions agreements contained in Agreement shall be binding Onand inure to the benefit of Seller and Purchaser and their respective heirs, distributes, executors,administrators, successors, and except as otherwise provided in this Agreement, their assigns.14.05. No remedy Qr election given by apyprovision in this Agreement shall be deemed exclusiveunless so indicated, but each shall, wherever possible, be cumulative in addition to all Other -remedies at law or in equity which either party may have out of an event of default of theother party.14.06: The submission of-this Agreement for examination, negoåatiön md signature does notconstitute an offer to lease, or areservation of, or an option for the Property. This Agreement shallnot be binding and in effect until at least One duly executed by has beendelivered to Seller and Purchaser.14.07. lfanycovenant, condition or provision ofthis Agreement, or the application ffereofto anyperson or entity or cirpumstance, shall be held to be invalid or unenforceable by a court ofcompetentjuisdiction, then in each such event the remainder of this Agreement or the applicationof such covenant condition or provision to any other person or entity any other circumstance (otherthan those as to Which it shall be invalid or unenforceable) shall not be åereby affected, eachcovenant, condition and provision hereof shall remain valid and enforceable to the ft_llest extentpennitted by law.14.08. The parties shall execute and deliver all documents, provide all information, And take orforbear from all such action as may be reasonably necessuy or appropriate to achieve the puposeof this Agænent.14.09. Except as otherwise provided herein, this Agreement may be modified or amended onlywith the prior written approval of both parties, and it may not be discharged or terminated exceptin writing in accordance with the terms herein provided.14.10. Each party hereby severally represents that it has been duly authorized to execute,and perform this Agreement through its members, offcers, or agents signing on its behalf.14.11. This Agreement shall be governed by and construed and enforced in accordance thelaws of the State ofNew York without giving effect to the conflict of law's provisions thereof.
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11

4333-7326-1403,14.12. Each party acknowledges that it has read this Agreement, understands it, and a

grees to bebound by its tenns. This Agreement (including aL1 exhibits attached hereto) constitates the entireagreement and understanding of the parties and supersedes all prior and contemporaneousproposals, agreements, arid understandings, oral and written, relating to the subject matter of thisAgreement. No covenant, representation, or condition not expressed in this Agreement shallaffect, of be deemed to interpret, change, or restrict the express provisions hereof.14.13. The captions in the Agreement are included for convenience only and all not be taken intoconsideration in any constuction or interpretation of this Agreement or any of its provisions.14.14. This Agreement may be C Tagged Passions:events, services, leasing, strategic, contract, compliance, alcohol, performance, property, arts, fire departments and districts, purchasing, regulation, and public safety

(SIGNATURE PAGE FOLLOWS]

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4838-7326-1403,IN WITNESS the parties hereto have duly executed this Agreement as of theday and year

first above 33citten.
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BETHLEHEM CENTRAL SCHOOL DISTRICT

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COUNTY OF ALBANY, NEW YORKIts:Its:

13

4838-7326-1403.

RESOLUTION NO. 177

PUBLIC HEARING ON PROPOSED LOCAL LAW NO. "G" FOR 2018Introduced: 4/9/18By Mr. Clenahan:RESOLVTD, By

the County Legislature of the County of Albany that a publichearing on proposed Local Law No. "G" For 2018, "A LOCAL LAW OF THE
Tagged Passions:restaurants, hearing, and GIS

COUNTY OF ALBANY, NEW YORK TO LIMIT THE LENGTH OF TIME THAT

CANINES MAY BE RESTRAINED OUTDOORS TO NO MORE THAN TWO

HOURS IN ANY CONTINUOUS TWELVE-HOUR PERIOD", be held by the CountyLegislature in the William J. Conb

oy II Legislative Chambers, Albany CountyCourthouse, Albany, New York at 7:15 p.m. on Tuesday, April 24, 2018, and theClerk of the County Legislature is directed to cause notice of such hearing to bepublished containing the necessary information in accordance with the applicableprovisions of law.Referred to Law and Public Safety Committees — 4/ 9/ 18
Tagged Passions:restaurants, strategic, court, hearing, GIS, arts, legal, and public safety

RESOLUTION NO. 178

PUBLICHEARING ON PROPOSED LOCAL LAW NO. "H" FOR 2018Introduced: 4/9/18By Mr. Clenahan:RESOLVED, By t

he County Legislature Of the County of Albany that a publichearing on proposed Local Law No. "H" For 2018, "A LOCAL LAW OF THE
Tagged Passions:restaurants, hearing, and GIS

COUNTY OF ALBANY, NEW YORK TO PROTECT CANINES FROM

ENCLOSURE IN DANGEROUSLY HOT OR COLD VEHICLES" be held by theCounty Legislature in the William J. Co

nboy II Legislative Chambers, AlbanyCounty Courthouse, Albany, New York at 7:15 p.m. on Tuesday, April 24, 2018, andthe Clerk of the County Legislature is directed to cause notice of such hearing to bepublished contaming the necessary information in accordance with the applicableprovisions Of law.Referred to Law and Public Safety Committees — 4/9/ 18
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LOCAL LAW NO. "G" FOR 2018

A LOCAL LAW OF THE COUNTY OF ALBANY, NEW YORK TO LIMIT THE

LENGTH OF TIME THAT CANINES MAY BE RESTRAINED OUTDOORS

TO NO MORE THAN 'IWO HOURS IN ANY CONTINUOUS TWELVE-HOUR

PERIODIntroduced: 4/9/18By Mr. Clenahan:BE IT ENACTED by the Albany County Legislature as follows:Se

ction 1. Legislative Intent.This Legislature hereby finds and determines that the Albany CountyLegislature has been a leader in protecting the health and welfare of animals inAlbany County.This Legislature also finds and determines that animal owners willsometimes tie •their animals to a stationary object outdoors for a short period oftime.This Legislature further finds and determines that some owners, however,leave their animals tied to a stationary object outdoors for long periods of time, insome cases, all day.This Legislature finds that animals left tied to an object outdoors forprolonged periods often do not have sufficient food, water or shelter from inclementweather.This Legislature further finds that tethers, chains and other restraints canalso injure animals, as the restraint may tangle or catch on other objects.This Legislature also finds that dogs left on tethers, chains and otherrestraints may be more aggressive and create a public safety hazard.This Legislature also determines that it is in the best interests of AlbanyCounty residents and their pets to limit the amount of time animals spend tiedoutdoors to a stationary object.Therefore, the purpose of this Local Law is to limit the length of time thatanimals may be restrained outdoors to no more than two hours m any continuoustwelve-hour period.Section 2. DefinitionsAs used in this Local Law, the following terms shall have the meaningsindicated:(a) "Person" means any individual, firm, partnership, corporation, company,society, association, or any orgamzed group of persons, whether incorporated or not.Section 3. Prohibitions.(a) It shall be unlawful for any person to tether, leash, fasten, secure, restrain,chain or tie a dog to any stationary object outdoors or cause such dog to berestrained in a manner that:(1) Endangers such dog's health, safety or well-being;(2) Restricts such dog's access to suitable and sumcient food and water;(3) Does not provide such dog with shelter appropriate to its breed, physicalcondition, and the climate as defined by 5353-b of the New York StateAgriculture and Markets Law; or(4) Unreasonably limits the movement of such dog because it is too short forthe dog to move around or for the dog to urinate br defecate in a separatearea from the area where it must eat, drink or lie- down.(b) Notwithstanding the provisions of Subsection (a) of this Section, no personshall tether, leash, fasten, secure, restrain, chain or tie a dog to any objectwith a device that:(1) Is a choke collar or pinch or a similar collar that tightens whenpulled;(2) Restrains the dog in such a manner that it impairs the flow of oxygen orblood to the dog which may cause choking or causes substantial discomfortto the dog;(3) Is embedded, partially embedded or may become embedded in such dog'sskin;(4) Has weights attached or contains links that are more than 1/4 inch thick;(5) Weighs more than 25% of the dog's tntal body weight, not to exceed 25pounds for any dog;(6) Is less than 10 feet in length;(7) Because of its design or placement is likely to become entangled;(8) Is long enough to allow such dog to move outside of its owner's property;Or(9) Would allow the restrained dog to move over an object or edge that couldresult in the strangulation of or injury to such dog.(c) No person shall tether, leash, fasten, secure, restrain, chain or tie a dog toany stationary object outdoors for more than two hours in any twelve-hourperiod. And if the dog is tethered to a pulley, running line, or trolley or cablesystem, the top line must be a minimum of fifteen feet long and six or lessfeet above the ground.(d) No person shall tether, leash, fasten, secure, restrain, chain or tie a dog toany stationary object outdoors for any period of time if:(1) The dog is less than 6 months old;(2) There is an active weather alert;(3) Tethering may exacerbate an existing health condition;(4) Multiple dogs are tethered and their tethers may become entangled; or(5) The dog is not displaying current identification as defined by section 108of New York State Agriculture and Markets Law.Section 4. Enforcement.This Local Law shall be enforced by the office of the Albany County Sheriffand may also ba enforced by any police officer, peace officer, or local dog control oranimal control officer with jurisdiction within Albany County.Section 5. Penalties for offenses.
Tagged Passions:TIF, STEM, jury, restaurants, pets, vocational education, Public Transit, watershed, strategic, health, animal control, agriculture, GIS, water, market, property, arts, Utility, environment, funding, public safety, and Taxes

A violation of this Local Law shall be punishable by a fine of not more than$150 for a first offense

, by a fine of not more than $300 for a second offense and by afine of not more than $500 for a third or subsequent offense.Section 6. Applicability.This article shall apply to all actions occurring on or after the effective date ofthis Local Law.Section 7. Severability.If any clause, sentence, paragraph, subdivision, section or part of this LocalLaw or the application thereof to any person, individual, corporation, firm,partnership, entity or circumstance shall be adjudged by any court of competentjurisdiction to be invalid or unconstitutional, such order or judgment shall notaffect, impair or invalidate the remainder thereof, but shall be confined in itsoperation to the clause, sentence, paragraph, subdivision, section or part of thisLocal Law, or in its application to the person, individual, corporation, firm,partnership, entity or circumstance directly involved in the controversy in whichsuch order or judgment shall be rendered.Section 8. Effective Date.This Local Law shall take effect upon filing with the Secretary of State.Referred to Law and Public Safety Committees — 4/9/ 18
Tagged Passions:housing, subdivision, restaurants, pets, union, judge, strategic, court, arts, legal, and public safety

LOCAL LAW NO. "H" FOR 2018

A LOCAL LAW OF THE COUNTY OF ALBANY, NEW YORK TO PROTECT

CANINES FROM ENCLOSURE IN DANGEROUSLY HOT OR COLD

VEHICLESIntroduced: 4/9/18By Mr. Clenahan:Section I. Definitions.As used in this Local Law, the foll

owing terms shall have the meaningsindicated:"Person" means any Individual, firm, partnership, corppration, company,society, association, or any organized group of persons, whether incorporated or not.Section 2. Prohibitions.(a) A person shall not confine an •animal in a motor vehicle in a manner thatcould reasonably be expected to threaten the health of the animal due to exposure toextreme heat or cold.(b) After making reasonable efforts to locate the motor vehicle's owner, apolice officer, peace officer, fire fighter, emergency medical technician, or local dogcontrol or animal control officer may enter a motor vehicle by any reasonable meansto protect the health and safety of an animal. A police officer, peace officer, firefighter, emergency medical technician, or local dog control or animal control offcermay enter the motor vehicle for the sole purpose of assisting the animal and maynot search the vehicle or seize items found in the vehicle unless otherwise permittedby law.(c) A police officer, peace officer, fire fighter, emergency medical technician, orlocal dog control or animal control officer who removes or otherwise retrieves ananimal under this section shall leave written notice in a secure and conspicuouslocation on or in the motor vehicle bearing the officer's or fire fightel*s name, titleand the address of the location where the animal may be retrieved. The owner mayretrieve the animal only after payment of all charges that have accrued for themaintenance, care, medical treatment and impoundment of the animal.(d) A police officer, peace officer, fire fighter, emergency medical technician,or local dog control or animal control officer who removes or otherwise retrieves ananimal from a motor vehicle under subsection (b) is immune from criminal or civilliability that might otherwise result from the removal.(e) After making reasonable efforts to locate the motor vehicle's owner, aperson not authorized under subsection (b) may enter a motor vehicle usingreasonable means to protect the health and safety of an animal; provided, however,that the person:(1) determines that there are no reasonable means of egress for the animalfrom the vehicle;(2) has a good faith and reasonable belief, based upon known circumstances,that entry into the vehicle is reasonably necessary to prevent imminentdanger or harm to the animal;(3) notifies law enforcement or calls 911 before entering the vehicle;(4) Shan not use more force than reasonably necessary to enter the motorvehicle and remove the ailiinal; and(5) remains with the animal in a safe location in reasonable proximity to thevehicle until law enforcement or another first responder arrives.(f) A person who removes an animal from a motor vehicle pursuant tosubsection (e) is immune from criminal or civil liability that might otherwise resultfrom the removal.Section 3. Enforcement.This Local Law shall be enforced by the office of the Albany County Sheriffand may also be enforced by any police officer, peace officer, fire fighter, emergencymedical technician, or local dog control or animal control officer with jurisdictionwithin Albany County.Section 4. Penalties for offenses.
Tagged Passions:TIF, events, pets, vocational education, union, 911, health, emergency, animal control, EMS, arts, fire departments and districts, public safety, and Taxes

A violation of this Local Law shall be punishable by a fine of not more than$150 for a first offense

, by a fine of not more than $300 for a second offense and by afine of not more than $500 for a third or subsequent offense.Section 5. Applicability.This article shall apply to all actions occurring on or after the effective date ofthis Local Law.Section 6. Severability.If any clause, sentence; paragraph, subdivision, section or part of this LocalLaw or the application thereof to any person, individual, corporation, firm,partnership, entity or circumstance shall be adjudged by any court of competentjurisdiction to be invalid or unconstitutional, such order or judgment shall notaffect, impair or invalidate the remainder thereof, but shall be confined in itsoperation to the clause, sentence, paragraph, subdivision, section or part of thisLocal Law, or in its application to the person, individual, corporation, firm,partnership, entity or circumstance directly involved in the controversy in whichsuch order or judgment shall be rendered.Section 7. Effective Date.This Local Law shall take effect upon filing with the Secretary of State.Referred to Law and Public Safety Comrizittees — 4/9/ 18
Tagged Passions:subdivision, restaurants, pets, union, judge, strategic, court, arts, legal, and public safety

LOCAL LAW NO. "R" FOR 2018

A LOCAL LAW OF THE COUNTY OF ALBANY, NEW YORK PROHIBITING

ALBANY COUNTY GOVERNMENT FROM ASSISTING IN THE

INVESTIGATION OF CITIZENSHIP OR IMMIGRATION STATUS OF ANY

Tagged Passions:Immigration

PERSONIntroduced: 7/9/18By Messrs. Fein, Simpson and Bullock:BE IT ENACTED, by the Legislature of th

e County of Albany as follows:Section 1. TitleThis local law shall be known as the "Welcoming Albany County Act"Section 2. Legislative IntentThe Legislature finds that Albany County has a diverse population, withresidents from many different cultures and backgrounds, including many differentraces, ethnicities, faiths, and national origins.The Legislature further finds that the residents of Albany County benefitfrom the County's diverse cultural heritage.The Legislature further finds that it is in the best interest of the residents ofAlbany County to be a welcoming place for all people of all walks of life with nodeference to nationality or citizenship.Therefore, the purpose of this local law is to ensure that Albany County is awelcoming place for all individuals and that Albany County officials do notinvestigate individuals' immigration or citizenship status, do not participate in theenforcement of Federal immigration law, and leave the enforcement of Federalimmigration law to Federal omcials.Section 3. DefinitionsAs used in this local law, the following terms shall have the meaningsindicated:
Tagged Passions:Capital Spending, pets, vocational education, alcohol, GIS, arts, and Immigration

A. "Administrative warrant" means an immigration warrant of arrest, orderto detain or release aliens

, notice of custody determination, notice to appear,removal order, warrant of removal, or any other document, issued for a civilimmigration enforcement purpose and that is not issued or signed by a judgeappointed pursuant to article Ill of the United States constitution or a federalmagistrate judge appointed pursuant to 28 U.S.C. S 631. This definition includes,but is not limited to, administrative warrants entered into the Federal Bureau ofInvestigation's National Crime Information Center database. This definition doesnot include any criminal warrants issued upon a judicial determination of probablecause and in compliance with the requirements of the Fourth Amendment to theU.S. Constitution and New York law.
Tagged Passions:appointments, leasing, judge, compliance, GIS, crime, arts, legal, Immigration, and public safety

B. "Agency" means every Albany County department, agency, division,commission, council, committee, b

oard, or other body established by authority of alocal law, resolution, or executive order, and shall encompass, for the purposes ofthis local law, all contractors performing work on behalf of the county.
Tagged Passions:strategic, contract, council, boards and commissions, and arts

C. "Agent" means any person employed by or acting on behalf of an agency orcounty contractor.

Tagged Passions:contract

D. "CBP" means the United States Customs and Border Protection agencyand shall include any successor

agency charged with the enforcement of federal civilimmigration laws.
Tagged Passions:Immigration

E. "Certification" means any law enforcement certification or statementrequired by federal immigrati

on law including, but not limited to, the informationrequired by Section 1184(p) of Title 8 of the United States Code (including currentUnited States Citizenship and Immigration Service Form 1-918, Supplement B, orany successor forms) for purposes of obtaining a U visa, or by Section 1184(0) ofTitle 8 of the United States Code (including current United States Citizenship andImmigration Service Form 1-914, Supplement B, or any successor forms) forpurposes of obtaining a T visa.
Tagged Passions:TIF, pets, Immigration, public safety, and Taxes

F. "Certifring agency" means Albany County law enforcement agency orother authority that has respons

ibility for the investigation, prosecution, orsentencing of qualifying criminal activity. "Certifying agency" includes any agencythat has criminal investigative jurisdiction in its respective areas of expertise.
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G. "Citizenship or immigration status" means an individual's recordedcitizenship or immigration stat

us, as such status is defined in the federalimmigration and nationality act, at the time an agent or agency receives suchinformation.
Tagged Passions:Immigration

H. "Contact information" means home address, work address, telephonenumber, electronic mail address,

social media information, or any other informationthat can be used as a means of locating or contacting an individual.
Tagged Passions:social media law and pets

2

I. "Eligible for release from custody" means that the person may be releasedfrom custody because one

of the following conditions has occurred:
Tagged Passions:leasing

a. All criminal charges against the person have been dropped or dismissed.

b. The person has been acquitted of all criminal charges filed against him or

c. The person has served all the time required for his or her jail or prisonsentence.

Tagged Passions:jail

d. The person is ordered to be released from custody pending the dispositionof his or her pending cr

iminal case.
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e. The person has posted a bond.

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f. The person is otherwise eligible for release under state or local law, or localpolicy.

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J. "Family member*' means a person's (i) mother, father, spouse, brother orsister (including blood,

step or half), son or daughter (including blood, step or half),father-in-law, mother-in-law, daughter-in-law, son-in-law, brother-in-law, sister-in-law, grandparent or grandchild; or (ii) court-appointed legal guardian or a personfor whom the person is a Court-appointed legal guardian; or (iii) domestic partner orthe domestic partner's mother, father, brother, sister (including blood, step, or halo,son or daughter (including blood, step or half).
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K. "ICE" means the United States Immigration and Customs Enforcementagency and shall include any suc

cessor agency charged with the enforcement offederal civil immigration laws.
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L. "Immigration detainei' means a request by ICE or CBP to a federal, state,or local law enforcement

agency that requests that the law enforcement agencyprovide notice of release or maintain custody of an individual, including detainersissued pursuant to Sections 1226 or 1357 of Title 8 of the United States Code or287.7 or 236.1 of Title 8 of the Code of Federal Regulations. These detainers includeDHS Form 1-247-A "Immigration Detainer — Notice of Action"; DHS Form 1-247D"Immigration Detainer Request for Voluntary Action"; DHS 1-247X "Request forVoluntary Transfef'; DHS Form 1-247N "Request for Voluntary Notification ofRelease," or any successor forms.
Tagged Passions:TIF, leasing, pets, Immigration, regulation, public safety, and Taxes

M. "Immigration enforcement operation" means any operation that isprimarily for the purpose of ident

ifring or apprehending a person or persons: 1) inorder to subject them to civil immigration detention, removal or deportationproceedings, and/or removal or deportation from the United States; or 2) tocriminally prosecute a person or persons for offenses related to immigration status,including but not limited to violations of Sections 1253, 1304, 1306(a) and (b), 1825,or 1326 of Title 8 of the United States Code, or violations of Sections 1028A or 1546of Title 18 of the United States Code.
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3

N. "Judicial warrant" means a warrant based on probable cause and issuedby a judge appointed pursuan

t to article Ill of the United States constitution or afederal magistrate judge appointed pursuant to 28 USC 631, that authorizes federalimmigration authorities to take into custody the person who IS the subject of suchwarrant. This does not include warrants or orders issued by employees of theDepartment of Homeland Security, the Department of Justice, or the ExecutiveOffce for Immigration Review.
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O. "Qualifi•ing criminal activity' means any activity involying one or more Ofthe following or any s

imilar activity in violation of federal, state, or local criminallaw: rape; torture; traffcking; incest; domestic violence; sexual assault; abusivesexual contact; prostitution; sexual exploitation; female genital mutilation; beingheld hostage; peonage; involuntary servitude; slave trade; kidnapping; abduction;unlawful criminal restraint; false imprisonment; blackmail; extortion;manslaughter; murder; felonious assault; witness tampering; obstruction of justice;perjury; fraud in foreign labor contracting (as defined in Section 1351 of Title 18 ofthe United States Code); or attempt, conspiracy, or solicitation to commit any of theabove-mentioned crimes. This list of qualifring criminal activity is not a list ofspecific statutory violations, but instead a list of general categories of criminalactivity. Activity not listed in the first sentence of this definition shall be presumedto be quali&ing criminal activity when its nature and elements are substantiallysimilar' to any qualifring criminal activity listed herein. Qualifring criminal activitythat occurs during the commission of non-quali&ing criminal activity shall beconsidered qualifying criminal activity regardless of whether criminal prosecutionwas sought for the qualifying criminal activity.
Tagged Passions:sexual harassment, domestic violence, jury, pets, solicitation, vocational education, trade, Public Transit, FEMA, jail, contract, human rights, sexual assault, crime, and boards and commissions

P. "Victim of qualifring criminal activity' means any individual who hasreported qualifring criminal

activity to a law enforcement agency or certifyingagency, or has otherwise participated in the detection, investigation, or prosecutionof qualifring criminal activity, who has suffered direct or proximate harm as aresult of the commission of any qualifring criminal activity and may include, but isnot limited to, an indirect victim, regardless of the direct victim's immigration orcitizenship status, including the spouse, children under 21 years of age, and, if thedirect victim is under 21 years of age, deceased, incompetent or incapacitated,parents and unmarried siblings under 18 years of age of the direct victim. Abystander victim may also be considered as a "victim of qualifring criminalactivity." More than one victim may be identified and provided with certificationdepending upon the circumstances. For purposes of this definition, the term"incapacitated" means unable to interact with law enforcement agency or certifringagency personnel as a result of a cognitive Impairment or other physical limitation,or because of physical restraint or disappearance.Section 4. Requesting information prohibited
Tagged Passions:TIF, parents, Capital Spending, pets, personnel, boards and commissions, arts, Immigration, public safety, and Taxes

4No agent or agency shall request information about or otherwise' investigateor assist in the invest

igation of the citizenship or immigration status of any person,except as may be required under Section 10 of this local law, unless such inquiry orinvestigation is required by court order. Notwithstanding this provision, the AlbanyCounty attorney may investigate and inquire about citizenship or immigrationstatus when relevant to potential or actual litigation or an administrativeproceeding in which the county is or may be a party.Section 5. Conditioning benefits, services, or opportunities on immigrationstatus prohibited
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A. No agent or agency shall condition the provision of Albany Countybenefits, services, or opportuni

ties on matters related to citizenship or immigrationstatus unless required to do so by state or federal law, or court order.
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B. MT-here presentation of a drive€s license or identification card issued byNew York State or any U

.S. State or U.S. territory is accepted as adequate evidenceOf identity, presentation Of a photo identity document issued by another country,such as a driver's license, passport, or consular identification document orpresentation of a photo identity issued by a school, college, or employer located inthe United States, shall be accepted and shall not subject the person to a higherlevel Of scrutiny or different treatment than if the person had provided a drivefslicense or identification card issued by New York State or any U.S. State or U.S.territory except that this subsection (b) shall not apply to the completion of thefederally mandated 1-9 forms.
Tagged Passions:TIF, pets, vocational education, university, education, watershed, license, and Taxes

C. In order to ensure that eligible persons are not deterred from seekingAlbany County benefits, ser

vices, or opportunities, all agencies shall review theirconfidentiality policies and identifr any changes necessary to ensure thatinformation collected from individuals is limited to that necessary to performagency duties and is not used or disclosed for any other purpose, except as may berequired under Section 10 of this local law. Any necessary changes to those policiesshall be made within 60 days of the adoption of this local law, consistent withagency procedures.
Tagged Passions:TIF, services, procedure, and Taxes

D. All applications, questionnaires, and interview forms used in relation toAlbany County benefits,

opportunities, or services shall be promptly reviewed bythe pertinent agencies and any questions regarding citizenship or immigrationstatus, other than those required by statute, federal law, or court order, shall bedeleted within 60 days of the adoption of this local law.Section 6. Immigration enforcement actions and Federal responsibility
Tagged Passions:services, pets, court, legal, and Immigration

5

A. No agency or agent shall stop, arrest, detain, or continue to detain aperson after that person be

comes eligible for release from custody or is free to leavean encounter with an agency or agent, based on any Of the following
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a. an immigration detainer;

Tagged Passions:Immigration

b. an administrative warrant; or

Tagged Passions:public safety

c. any other basis that is based solely on the belief that the person is notpresent legally in the U

nited States, or that the person has committed a civilimmigration violation.
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B. No agency or agent shall accept requests by ICE, CBP, or other agencies tosupport or assist in an

y capacity with immigration enforcement operations,including but not limited to requests to (I) provide information (including custodystatus, release date, home address, or work address) regarding persons who may bethe subject of immigration enforcement operations except as may be required underSection 10 of this local law, (2) investigate or interrogate such persons, (3) establishtraffc perimeters, or (4) otherwise be present to assist or support an operation. Inthe event an agent receives a request to support or assist in an immigrationenforcement operation, he or she shall report the request to his or her supervisor,who shall decline the request, except as may be required under Section 10 of thislocal law, and document the declination in an interomce memorandum to theagency director through the cham of command.
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C. No agency or agent shall enter into an agreement under Section 1357(g) ofTitle 8 of the United St

ates Code or any other federal law that authorizes or permitsstate or local governmental entities to enforce federal civil immigration laws.
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D. Unless presented with a valid and properly issued judicial warrant, noagency or agent shall:

Tagged Passions:public safety

a. stop, arrest, detain, or continue to detain a person after that personbecomes eligible for releas

e from custody or is free to leave an encounter with anagency or agent;
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b. permit ICE or CBP agents access to a person being detained by, or in thecustody of, the agency oi

• agent;

c. transfer any person into ICE or CBP custody,

d. permit ICE or CBP agents use of agency facilities, information (except asmay be required under Se

ction 10 of this local law), or equipment, including anyagency electronic databases, for investigative interviews or other investigativepurpose or for purposes of executing an immigration enforcement operation; or
Tagged Passions:equipment and Immigration

e. expend time to respond to ICE or CBP inquiries or communicate with ICEor CBP regarding a person's

custody status, release date, home address, workaddress, or other information, except as may be required under Section 10 of thislocal law.
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6Section 7. Certifications for victims of qualifying criminal activity

Tagged Passions:TIF, pets, and Taxes

A. A certifring agency shall execute any certification requested by any victimof qualifying criminal

activity or representative Of the victim including, but notlimited to, the victim's attorney, accredited representative, or domestic violenceservice provider, within 45 days of receiving the request. If the victim seekingcertification is in federal immigration removal proceedings, the certifring agencyshall execute the certification within 14 days of receiving the request. If the victimor the victim's children would lose any benefits under Sections 1184(p) and 1184(0)of Title 8 of the United Statues Code by virtue of having reached the age of 21 yearswithin 90 days after the certifring agency receives the certification request, thecerti&ing agency shall execute the certification no later than 14 days before thedate on which the victim or child would reach the age Of 21 years. Requests forexpedited certification must be affrmatively raised by the victim.
Tagged Passions:TIF, domestic violence, pets, union, legal, Immigration, and Taxes

B. If a certifring agency denies a request for certification, the agency shallnoti& the applicant in

writing of the basis for the denial and the process forappealing the denial to the agency head. Within 9() days of receiving an applican€sletter appealing a denial, the certifring agency head shall notlfr the applicant inwriting that the appeal is rejected and the initial denial is upheld or that the appealis granted and the certifring agency will issue a certification.
Tagged Passions:TIF, pets, grant, and Taxes

C. The head of each certifring agency shall perform, or designate an agentwith a supervisory role wi

thin the agency to perform, the following responsibilities:
Tagged Passions:TIF and Taxes

a. respond to requests for certifications;

Tagged Passions:TIF, pets, and Taxes

b. provide outreach to victims of qualifring criminal activity to inform themof the agency's certifi

cation process; and
Tagged Passions:TIF, pets, and Taxes

c. keep written records of all certification requests and responses.

Tagged Passions:TIF, pets, and Taxes

D. All certifying agencies shall implement a language-access protocol for non-English speaking victi

ms of qualifring criminal activity.
Tagged Passions:TIF and Taxes

E. A certifring agency shall reissue any certification within 45 days ofreceiving a reqUest from the

victim of qualifring criminal activity or representativeof the victim including, but not limited to, the victim's attorney, accreditedrepresentative, or domestic violence service provider.
Tagged Passions:TIF, domestic violence, pets, legal, and Taxes

F. There is no requirement that there be a current investigation, the filing ofcharges, a prosecutio

n, or a conviction in order for a certifring agency to provide acertification, and there is no statute of limitations on providing a certification.
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7

G. A certifying agency shall not refuse to provide certifications to applicantswith criminal histori

es or outstanding warrants.
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H. Notwithstanding any other provision of this section, a certifring agencyscompletion of a certific

ation shall not be considered conclusive evidence that thevictim has met eligibility requirements for a U or T visa, and completion Of acertification by a certifring agency shall not be construed to guarantee that a victimwill receive federal immigration relief. It is the exclusive responsibility of federalimmigration officials to determine whether a victim of quali_fring criminal activity iseligible for a U or T visa. Completion Of a certification by a certifring agency merelyverifies factual information relevant to the immigration benefit sought includinginformation relevant for federal immigration officials to determine eligibility for a Uor T visa. By completmg a certification, the certifying agency attests that theinformation is true and correct to the best Of the certifring offcial's knowledge. Ifafter completion of a certification, the victim unreasonably refuses to assist in theinvestigation or prosecution of the quali&ing criminal activity of which he or she is
Tagged Passions:TIF, pets, union, strategic, alcohol, Immigration, and Taxes

a victim, then the certifring agency may notify the United States Citizenship andImmigration Service

s in writing.Section 8. Federal registry programsNo agency or agent shall expend any time, facilities, equipment, information,or other resources of the agency or agent to facilitate the creation, publication, Ormaintenance of any federal program to register individuals present in the UnitedStates based on their race, religion, gender, sexual orientation, gender identity orexpression, or national or ethnic origin, or the participation of any residents of theAlbany County in such a registry.Section 9. Commitments
Tagged Passions:housing, TIF, religion, services, restaurants, Capital Spending, pets, gender, equipment, program, alcohol, GIS, arts, Immigration, and Taxes

A. The county commits to working with community advocates, policy experts,and legal advocates to def

end the human rights of immigrants.
Tagged Passions:pets, vocational education, policy, human rights, grant, legal, and Immigration

B. The Albany County Sheriffs Department will continue to respond torequests from immigrant commumti

es to defend them against all crimes, includinghate crimes, to assist people with limited language proficiency, and to connectimmigrants with social services.
Tagged Passions:services, social services, grant, crime, arts, Immigration, and public safety

C. The county recognizes the arrest of an individual increases thatindividual's risk of deportation

even in cases where the individual is found to be notguilty, creating a disproportionate impact from law enforcement operations.Therefore, for all individuals, the Albany County Sheriffs Department willrecognize and consider the extreme potential negative consequences of an arrest inexercising its discretion regarding whether to take such an action, and will arrest
Tagged Passions:arts, recognition, public safety, and risk

8an individual only after determining that less severe alternatives are unavailable orwould be inade

quate to effect a satisfactory resolution.Section 10. Information regarding citizenship or immigration statusNothing in this local law prohibits any Albany County agency from sendingto, or receiving from, any local, state, federal agency, information regarding anindividual's citizenship or immigration status.Section 11. SeverabilityIf any clause, sentence, paragraph, section, subdivision, or other part of thislocal law or its application shall be inconsistent with any federal or state statute,law, regulation or rule then the federal or state statute, law, regulation, or ruleshall prevail. If any clause, sentence, paragraph, section, subdivision, or other partof this local law or its application shall be adjudged by a court of competentjurisdiction to be invalid or unconstitutional, such order or judgment shall notaffect, impair, or invalidate the remainder of the local law which shall remain in fullforce and effect except as limited by such order or judgment.Section 12. Effective Date and ApplicabilityThis local law shall be effective immediately upon filing in the Offce of theSecretary of State.Referred to Law, Public Safety and Audit and Finance Committees — 7/9/ 18
Tagged Passions:subdivision, restaurants, pets, college prep, union, judge, finance, audit, strategic, court, arts, legal, Immigration, regulation, and public safety

9

ALBANY COUNTY SHERIFF'S OFFICECounty Court House Albany, New York 12207 (518) 487-5400

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CRAIG D. APPLE, SR.

MICHAEL S. MOMELEONE

WILLIAM M. RICEMay 22, 2018Honorable Andrew JoyceLegislative Clerk' s Office

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112 State Street, Room 710Albany, N

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12207Dear oyce:

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PAUL M. COURCELLE

KERRY B. THOMPSONThe attached correspondence is forwarded for presentation to the Albany County Legi

slature.Legislative approval is required in order to allow the Albany County Sheriff s Office to apply forfunding from the New York State Division of Homeland Security and Emergency Services, Office ofInteroperable and Emergency Communications, The attached announcement is for the "Public Safety AnsweringPoints (PSAP) Operations Grant Program".The term of this contract will be 12 months from the date of the award of the contract.These funds will assist with the costs involved in maintaining our multi-jurisdictional PSAP.There are no matching funds associated with this grant.Should there be any questions, do not hesitate to call.Att.Cc:gHon. Daniel p. McCoy, County ExecutiveHon. Patrice Lockart, Public Safety Chainnan. ApplffHon. Dr. Charles Dawson, Audit & Finance CommitteeBrandon Russell, Esq., Majority CounselAmis Zilgme, Esq., Minority Counsel
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REQUEST FOR LEGISLATIVE ACTIONFOR COUNSEL use ONLY

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DATE:

RECEIVED:

RECEIVED BY:

METHOD:

DATE :

DEPARTMENT:

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CONTACT PERSON:

MAY 23, 2018

ALBANY COUNTY SHERIFF'S DEPT

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CRAIG D APPLE SR

TELEPHONE:

DEPT. REPRESENTATIVE ATTENDING

COMMITTEE MEETING:

487-5440puRpose OF REQUEST:

ADOPTION OF LOCAL LAW

AMENDMENT OF PRIOR LEGISLATION

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APPROVAL.'ADOPTION OF PLAN/PROCEDURE

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BOND APPROVAL

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BUDGET AMENDMENT(SEE BELOW)

Tagged Passions:budget

CONTRACT AUTHORIZATION (SEE BELOW)

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ENVIRONMENTAL IMPACT

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HOME RULE REQUEST

PROPERTY CONVEYANCE

Tagged Passions:property

BRIEFLY IF NOT LISTED ABOVE)To APPLY FOR 2018.2019 PSAP OPERATIONS GRANT

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APPLICATION DEADLINE IS 6/8/2018

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CONCERN'NG BUDGET AMENDMENTS

Tagged Passions:budget

STATE. THE FOLLOWINGINCREASE AccouNT,'LlNE NO.

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SOURCE OF FUNDS:

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TITLE CHANGE:

CONCERNING CONTRACT AUTHORIZATION,

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STATE THE FOLLOWING:

TYPE OF CONTRACT

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CHANGE ORDER'CONTRACT AMENDMENT

Tagged Passions:contract

PURCHASE (EQUIPMENT,' SUPPLIES)LEASE (EQUIPMENTtSUPPLlES)

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REQUIREMENTS

PROFESSIONAL SERVICES

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RENEWAL

SUBMISSION DEADLINE DATE

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SETTLEMENT OF A CLAM

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RELEASE OF LIABILITY

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OTHER: (STATE BRIEFLY)

SHERIFF CRAIG D APPLE SRx

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6/8/2018

CONCERNING CONTRACT AUTHORIZATION (CONT'D)

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STATE THE FOLLOWING:

CONTRACT TERMS,'CONO'TIQYS

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PARTY (NAME/ADDRESS)•.

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JEROME HAUER, COMMISSIONER

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DIVISION OF HOMELAND SECURITY a EMERGENCY SERVICES

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1220 WASHINGTON AVENUE, BLDG 7A SUITE 710, ALBANY 12242

AMOUNT/RATE

FORMULA BASED.

1/1/19-12/31/19

SCOPE OF SERVICES: SUPPORTS THE OPERATIONS & SHARED SERVICES

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OF MULTIOURISDICTIONAL PSAPS

CONTRACT FUNDING:

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YES

ANTICIPATED IN CURRENT BUDGET:NYS Dept. Of Homeland Security

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FUNDING SOURCE:

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COUNTY BUDGET ACCOUNTS:

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A33020.03308.POP19

NOx

"3020.44036.POP19 AND A93020.44050.POP19

BOND(RES. NO. & OATE OF ADOPTION)

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CONCERNING ALL REQUESTS:

MANDATED PROGRAM/SERVICE:

Tagged Passions:program

IF MANDATED CITE: AUTHORITY

ANTICIPATED IN CURRENT ADOPTED BUDGET:

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IF YES, INDICATE REVENUE APPROPRIATION ACCOUNTS:

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YES

NO

NO

FISCAL IMPACT - FUNDING:

Tagged Passions:funding

FEDERAL

STATE

COUNTY

TERMA-ENGTH OF FUNDING

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100%

(DOLLARS OR PERCENTAGES)

1/1/2019

PREVIOUS REQUESTS FOR IDENTICAL OR SIMILAR ACTION:

RESOLUTIONJLAW NUMBER;

DATE OF ADOPTION:

18-158

4/9/2018

(STATE BRIEFLY WHY LEGISLATIVE ACTION REQUESTED)

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JUSTIFICATION:

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THIS GRANT HELPS OFFSET SOME OF THE COSTS INVOLVED IN MAINTAINING OUR

Tagged Passions:grant

MULTI-JURISDICTIONAL PSAP.

ALSO, THERE ARE NO MATCHING FUNDS INVOLVED WITH THIS GRANT.

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BACK-UP MATERIAL SUBMITTED

(I.E. APPLICATION/APPROVAL NOTICES FROM FUNDING SOURCE.

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TABULATION SHEET, CIVIL SERVICE APPROVAL NOTICE, PROGRAM ANNOUNCEMENT, CONTRACTS

Tagged Passions:contract and program

AND/OR ANY MATERIALS WHICH EXPLAIN OR SUPPORT THE REQUEST FOR LEGISLATIVE ACTION.)SUBMITTED ay•.

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TITLE:

CRAIG D APPLE SRDHSES OIEC Grant ProgramHomeland Security and Emergency Services• OIEC HomeGrant Pro

gramPage I of 3Public Safety Answering Points Operations Grant 2018-19
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2018-19 PSAP Grant

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FAQS

2018-19 Public Safety Answering Points Operations Grant(2018-19 PSAP Grant)The NYS Division Of Homel

and Security and Emergency Service, Office of Interoperable andEmergency Communications, is pleased to announce public Safety Answering Points Grantto facilitate operations of public safety answering points.Purpose:To facilitate the operations of public safety answering points.Eligible Applicants:Counties within New York State and New York City are eligible to apply for the 2018-1 gPSAP Operations Grant Program. Additional eligibility criteria are listed in the Request forApplications Instructions (2018-19 PSAP Operations RFA).Source of Funds:This grant program is supported by the Statewide Public Safety Communications Account.• Total Funding Available for 2018-19 PSAP Grant: $10 MillionSchedule of Events:• Submission Of Written Questions - May 31, 2018• Applications Due - June 8, 2018 by 5:00 P.M.Documents:PSAP Operations Grant Instructionshttp'.//v.rww.dhses.ny.gov/0iec/grants/2018/2018-19-PSAP.cfm
Tagged Passions:events, leasing, instruction, restaurants, pets, communications, strategic, emergency, program, security, grant, Immigration, funding, and public safety

LOCAL LAW NO. "1" OF 2018

A LOCAL LAW OF THE COUNTY OF ALBANY TO ENACT THE

REQUIREMENTS OF THE INTERNATIONAL BUILDING CODE

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REQUIRING RESIDENTIAL FIRE SPRINKLERS IN NEW CONSTRUCTION

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WITHIN ALBANY COUNTYIntroduced: 4/9/18By Mr. Miller, Ms. Plotsky, Messrs. Signoracci, Bullock, Reinh

ardt, Touchette,O'Brien, Clay, Commisso, Mayo, Beston, Mss. Lekakis, McKnight, Chapman,Willingham, Messrs. A. Joyce, Simpson and Ms. Cunningham:BE IT ENACTED, by the County of Albany as follows:Section 1 Legislative finding and intentThe Legislature herby finds that for the safety of the residents and the firefighters ofthe County of Albany a local law requiring the installation of residential firesprinklers in conformance with the International Residential Code and theInternational Fire Code is necessary and appropriate. The County of Albany likemany other counties is facing a crisis in the recruitment and retention of volunteerfirefighters. In the rural areas of the county there are often not enough firefighters torespond to fires especially during the workday. In our cities and some ofour suburbanlocalities the fire service is provided by career firefighters. While there is not aproblem in recruiting personnel to the ranks of our career fire service, thesemunicipalities are confronted with tax caps and budget restrictions that have reducedor limited the ability to fund the ranks of the career firefighters. While there aremany municipalities in counties throughout the state that are having budget issues,Albany County unlike the others has an additional problem in that approximately36% of the property in the county is tax exempt, which limits the ability of the localgovernments to provide the necessary funds to increase the ranks of firefighterseither career or volunteer.As new homes are being constructed, they are being built with open floor plans andlightweight construction materials. These two elements of construction havedemonstrated in tests conducted by the National Institute for Standards Technology(NIST) and Underwriters Laboratory (UL) that new homes burn eight times fasterthan legacy homes that don't use these same materials and design. The impact of therapid extension of fire IS that residents have less time to escape a fire and firefightersare arriving when fires are much more developed.According to an NFPA report "U.S Experience with Sprinklers" (2012Addendum) When homes are equipped with sprinklers there is an 83% reduction incivilian deaths per 1,000 home structure fires (from 7.3 to 1.3 deaths per 1,000 fires),and a 69% reduction in property damage per 1,000 home structure fires (from $20thousand per 1,000 fires to $6 thousand per 1,000 fires). In addition, experience inthe State of Maryland, which mandates home fire sprinklers, shows that there hasnot been a fatality from a home fire in a sprinklered home since they mandated theirIn addition to the safety aspects of home fire sprinklers there are environmentalbenefits. When activated a home fire sprinkler flows only approximately 8 gallons ofwater per minute to contain the fire. A fire hose will often flow 150 gallons per minute.By the time the fire department arrives and has to extinguish a much larger fire, theywill use hundreds if not thousands of gallons of water. This water also createssignificant runoff.According to research publicized in a report The Environmental Impact of AutomaticFire Sprinklers released in March 2010; fire sprinklers• Reduce greenhouse gases by 98%Reduce fire damage by up to 97%• Reduce water usage to fight a fire by upward of 90%Reduce the amount of water pollution released into the environment• Reduce debris to landfillsNew York State has chosen to adopt the International Codes Council (ICC) family ofcodes as the basis for all building and fire codes in the state. The ICC codes whichare negotiated and developed by fire safety specialists, code enforcement officers andrepresentatives of the home building industry, include a requirement that all new 1and 2 family homes and townhouses be equipped with residential fire sprinklers.Unfortunately, the state has chosen to remove the residential fire sprinkler provisionfrom the code when it was adopted as part of the New York State Uniform FirePrevention and Building Code. This legislature finds that due to the potential for therapid spread of fire in newly constructed homes and the financial difficulties faced byour communities and challenges faced by the fire service in Albany County that theadoption of this legislation is necessary.Section 2 DefinitionsResidential Fire Sprinklers as defined in NFPA 131), Standards for theinstallation of Sprinkler Systems in one- and Two- Family Dwellings andmanufactured HomesUniform code: Is the New York State Uniform Fire Prevention and Building CodeNFPA: National Fire Protection AssociationSection 3 Fire Sprinkler Systems
Tagged Passions:STEM, events, leasing, restaurants, Capital Spending, volunteer, codes enforcement, landfill, technology, finance, construction, strategic, materials, drugs, GIS, EMS, personnel, council, water, election, rural, building codes, property, solid waste, arts, fire departments and districts, Utility, Conservation, environment, budget, funding, transportation, and Taxes

A. All new residential construction of one- and two- family homes and townhouseswithin Albany County

that does not currently require fire sprinklers under the NYSuniform fire prevention and building code; constructed after January 1, 2019 shallhave a Fire Sprinkler conforming to the current NFPA 13D standards.
Tagged Passions:events, union, construction, and building codes

B. Prior to issuance of a building permit, each builder shall submit two sets ofproposed plans to th

e appropriate official within each municipally, depicting the firesprinkler system. These plans must be signed and sealed by a licensed New YorkState professional Engineer, NICET (level 3 or above) or a licensed Fire ProtectionEngineer.
Tagged Passions:STEM, Capital Spending, alcohol, license, and funding

C. No certificate of Occupancy shall be issued for occupancy or use of any building,structure or por

tion thereof required to have a fire sprinkler under this local lawunless such system is installed, inspected tested and approved in accordance withNFPA standards performed by independent contractors trained and approved toconduct such inspections.
Tagged Passions:TIF, STEM, pets, vocational education, contract, arts, and Taxes

D Albany County municipalities will have 60 days from the effective date of thislegislation to amend

their local building codes to include the provisions of this locallaw or the County will assume enforcement of the provisions of the law and deductthe costs of this enforcement from sales taxes receipts due to the municipality. Within
Tagged Passions:Capital Spending, strategic, GIS, sale, building codes, and Taxes

30 days from approval ofthis law by the New York State Fire Prevention and BuildingCode Council as r

equired by NYS Executive Law section 379 the Albany CountyDepartment of General Services [Public works] will issue the necessary regulationsneeded for enactment of this law and request any budget amendment that may benecessary to enact the provisions of this law. Albany County will provide a one timetraining class to all County building inspector regarding enforcement of this law onceit is in effect.Section 4 ExceptionsSprinklers shall not be required to be installed in spaces where the discharge of waterwould be hazardous. In such spaces, other approved fire-extinguishing equipmentshall be provided, as approved by the local municipality.Section 5 EnforcementEnforcement shall be done by local code enforcement officers and any revenuegenerated as a result of violations of this law will be revenue to the enforcingmunicipality. If the local municipality fails to enact the provisions of this law within
Tagged Passions:events, services, restaurants, Capital Spending, public works, codes enforcement, equipment, strategic, council, water, training, arts, Utility, regulation, and budget

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