LEGAL NOTICE

LOCAL LAW “5” FOR 2023 A LOCAL LAW OF THE COUNTY OF ALBANY CREATING THE ALBANY COUNTY NATURE AND HISTORIC PRESERVE SYSTEM

Introduced: 9/12/22

By Reinhardt, Perlee, Drake, Mauriello, Miller, Commisso, Simpson, Burgdorf, Lockart, Grimm, Plotsky, Feeney, Peter, A. Joyce, Beston, Clay, Cleary, Efekoro, Fein, Kuhn, Lekakis, McLaughlin, Reidy, Ricard, Smith, Ward,  Willingham, Cunningham, McLean Lane and Collins:

BE IT ENACTED BY THE LEGISLATURE OF THE COUNTY OF ALBANY AS FOLLOWS:

SECTION 1. Title.

This Local Law shall be known as the “Albany County Nature and Historic Preserve System Law.” 

SECTION 2. Legislative Intent and Purpose.

The Albany County Legislature recognizes the unique benefits that open spaces and historic sites and buildings provide to residents of the County, and wishes to establish regulations for the use and continued sustainability of nature and historical preserves owned or managed by the County.

The Albany County Legislature finds that nature preserves offer unmatched combinations of undeveloped land, scenic vistas and/or open space which can provide for management and preservation of rare, threatened or endangered species of flora and fauna, provide habitat for birds, fish and other wildlife, permit the study of the natural sciences, and provide areas for passive recreational uses.

The Albany County Legislature further finds that historical preserves offer an important way for us to share our understanding of the past with future generations. History teaches us new things about ourselves, and helps build toward the future. Sometimes historic preservation involves celebrating events, people, places, and ideas that we are proud of; other times it involves recognizing moments in our history that can be painful or uncomfortable to remember. Both are equally important.

Accordingly, the Albany County Legislature determines that certain open spaces and historic sites and buildings should be preserved for the benefit of the residents of Albany County, as a part of a County-wide Preserve System. The Legislature likewise finds that expenditures made in support of these nature and historical preserves are a proper County charge.

In 1976, the Albany County Legislature previously established the "Albany County Nature and Historic Preserve," which only ever contained one property – the Ann Lee Pond Eco Region Preserve. In an effort to revamp and revitalize this program for current environmental, ecological, and historical needs, the Albany County Legislature finds that it is appropriate to repeal the Local Laws which created the 1976 Preserve, and create a Preserve System to better protect, preserve, and enhance the natural and historical features of Albany County. This Preserve

System will also address the ever worsening effects of climate change by providing for forested parcels to sequester carbon in the atmosphere, helping to mitigate temperature fluctuation, preventing soil erosion, ensuring appropriate water quality, as well as serving many other beneficial functions.

SECTION 3. Repealer.

This Local Law expressly repeals, abrogates, and annuls Local Law Nos. 7 and 8 of 1976, which established the "Albany County Nature and Historic Preserve."

SECTION 4. Establishment of the Albany County Nature and Historic Preserve System.

The Albany County Legislature hereby establishes a Preserve System to be known as the Albany County Nature and Historic Preserve System. This Preserve System shall consist of those land areas and historic sites and buildings designated by the County Legislature to be a part of the Preserve System. The interests of the County can be that of ownership, or rights of lesser degree such as open space easements, conservation easements, easements calling for the maintenance and preservation of historic sites and buildings, or co-management agreements. 

ECTION 5. Qualifications for Preserves.

To be considered for inclusion in the Albany County Nature and Historic Preserve System, a parcel of real property must meet one or more of the following criteria:

It provides habitat for endangered, threatened or special concern wildlife species, as listed in the New York State Environmental Conservation Law or the Federal Endangered Species Act.

It provides habitat for wildlife which are of special concern to the County of Albany or those that are of special or unique local importance.

It contains habitats that contain or support occurrences of rare plant or wildlife species or ecological communities identified by the New York State Natural Heritage Program.

It contains habitat that provides breeding, feeding, nesting or resting areas for significant concentrations or populations of wildlife or is a locally important haven for wildlife.

It contains wetlands.

It contains tree specimens listed on the state or national tree size records list: large, old growth forest stands or vegetational communities which are unusual in the County or significant populations of protected plants as defined in the New York State Environmental Conservation Law.

It contains examples of forests or other vegetational communities that were, but are no longer, common in Albany County, or contains outstanding examples of such which are unique to Albany County.

It provides scenic views, natural beauty or important local visual buffers or noise buffers.

It contains significant prehistoric or historic cultural resources or is adjacent to sites containing significant cultural resources.

It contains significant prehistoric or historic cultural sites or is adjacent to prehistoric or historic cultural sites.

It provides an interconnection between two or more existing Albany County or state preserves. 

SECTION 6. Inclusion of the Lawson’s Lake Preserve.

The Albany County Legislature hereby adds to the Albany County Nature and Historic Preserve System the lands known as the Lawson’s Lake Preserve. The Lawson’s Lake

Preserve is located at 293 Lawson Lake Road in the Town of New Scotland. Situated on the eastern escarpment of the Helderberg Plateau and on the border of the towns of Coeymans and New Scotland, this 420acre park includes a lake, wetlands, forested upland, open fields, waterfalls, and streams.

The lands known as the Lawson’s Lake Preserve are owned by Albany County and are described in two deeds: Trinity Institution Inc. to the County of Albany (a parcel of 457.9 acres), recorded in Liber 2188 of deeds at page 577 on May 28, 1980; and John W Coffey to the County of Albany (a parcel of 25.9 acres), recorded as Instrument R2021-4296 2188 on February 10, 2021. 

SECTION 7. Inclusion of the Ann Lee Pond EcoRegion Preserve.

The Albany County Legislature hereby adds to the Albany County Nature and Historic Preserve System the lands known as the Ann Lee Pond EcoRegion Preserve, which lands were previously designated as a portion of the Albany County Nature and Historic Preserve by Albany County Legislature Resolution 158 for 1978. The Ann Lee Pond EcoRegion Preserve is located at 870 Watervliet Shaker Road in the Town of Colonie. Situated near the Albany County International Airport, this 180-acre area includes a large pond, wetlands, forest, and meadows.

The lands known as the Ann Lee Pond EcoRegion Preserve are owned by Albany County and are described in two deeds: Thomas Bergan to the County of Albany (a larger parcel which includes the Ann Lee Pond parcel of 175.4 acres), recorded in Liber 768 of deeds at page 394 on or around December 22, 1925; and Ashfield Associates to the County of Albany (a parcel of 5.894 acres), recorded in Liber 2656 of deeds at page 404 on May 19, 2004. 

SECTION 8. Preserves Designated on Lands Not Owned by Albany County.

Albany County may consider the designation of private lands or public lands, other than those owned by the County, as preserves. Such designation shall be at the request of the private entity or public agency controlling the subject land and said preserve designation shall only ensue upon the execution of a cooperative management agreement between the County and the private or public owner. Said agreement shall include designation of responsibility for liability and a determination of reasonable financial remuneration required to maintain and manage the non-County preserve. Upon designation as a part of the Albany County Nature and Historic Preserve System, said lands shall be subject to all the requirements of this chapter.

SECTION 9. Administration.

The Preserve System shall be in the custody of and maintained by the Commissioner of Public Works and the Commissioner of Recreation of the County of Albany, under the guidelines and directives established by the County Legislature. Upon review and determination that particular parcels may be appropriate for addition to the Preserve, the Albany County Office of Natural Resource Conservation and the Conservation, Sustainability & Green Initiatives Committee of the Albany County Legislature may recommend parcels to the Albany County Legislature for proposed addition to the Preserve System. 

SECTION 10. Regulations.

Individual Preserves may be maintained, altered or modified by Albany County to preserve, improve, alter or enhance their character, desirability, usefulness and sustainability to the people of the County. These regulations shall apply to all individual Preserves now contained within the Albany County Nature and Historical Preserve System, as well as all other nature and historical preserves subsequently acquired, designated, or established by Albany County. 

SECTION 11. Management of Preserve System.

The Commissioner of Public Works of the County of Albany and the Department of Public Works shall be primarily responsible for and shall supervise the management of the Albany County Nature and Historic Preserve System, with assistance from other County departments and divisions as needed. Management of the Albany County Nature and Historic Preserve System shall be conducted as follows:

1. The Albany County Office of Natural Resource Conservation shall prepare a proposed general use plan for each separate Preserve in the Albany County Nature and Historic Preserve System.

In the preparation of such plan, environmental conservation, preservation, and sustainability efforts shall be considered foremost.

The general use plan shall include the types of passive and/or active uses which may be acceptable; shall identify significant sensitive areas which should be protected from human disturbance; shall recommend locations for new trails, parking, signs and access points; shall identify desirable restoration activities; shall determine hours, days, and seasons of use; shall recommend limits on access, if necessary; shall recommend the preparation of educational publications and displays; and shall include such other topics as may be deemed necessary and/or advisable.

The general use plan shall alsodesignate zones within the separate Preserve to provide a framework for parks management. Management issues will vary between zones and on a Preserve-by-Preserve basis. The general use plan shall set forth the management policies for each separate zone. The zones which may be designated are:

Nature Reserve Zones –includes significant natural features that require management to ensure long-term protection of the natural heritage, such as woodlands, wetlands, meadows, waterways, ravines, gorges and escarpment faces, steep slopes, etc. Necessary management policies could include: identifying and protecting species and habitats of significance; delineating and enforcing mowing limits; using native plant species for re-vegetation and restoration efforts; and restricting uses to those with little or no negative impacts to vegetation, wildlife habitat, soil erosion or water quality; protecting natural features from degradation and visual impacts; developing and posting signage to promote appropriate uses; as well as such other policies as may be deemed necessary and/or advisable.

Recreation Zones (active and/or passive) – includes “maintained” landscape areas of the properties in which facilities development is permitted to support active and/or passive recreation activities such as sports fields, specialized activities, picnic areas, parking lots, etc. Necessary management policies could include: designing structures that are compatible with the surrounding environment; consolidating activity areas to minimize incursions into natural and open space zones; providing screening and buffering of developed areas; and maintaining scenic vistas and views. iii. Heritage Zones – includes areas of significant cultural heritage that require management to ensure the preservation of the assets. Necessary management policies could include: restoring historic structures to ensure heritage preservation, safety, and functionality; and providing screening and buffering of developed areas.

iv. Service Zones – includes maintenance and service areas for the developed parks, as well as access points or staging areas where minimal use facilities are needed to support allowable uses within a Nature Reserve Zone. Necessary management policies could include: restricting development to areas where little or no negative impacts to vegetation, wildlife habitat, soil stability, or water quality will occur; consolidating uses and activity areas to minimize space requirements and reduce incursions into the natural and/or passive areas; and monitoring use and impacts on the natural environment and provide mitigation.

During the planning process, the Albany County Office of Natural Resource Conservation and the Conservation, Sustainability & Green Initiatives Committee of the Albany County Legislature shall take steps to secure broad participation from Albany County residents, so as to ensure that the general use plan reflects community interests.

The Albany County Office of Natural Resource Conservation and the Conservation, Sustainability & Green Initiatives Committee of the Albany County Legislature may also consult with such other regional and municipal planning boards or agencies in the County as are necessary.

Prior to approval of the general use plan for the Preserve, the Albany County Legislature shall conduct a Public Hearing on the plan.

The general use plan for each Preserve shall be reviewed and updated periodically.

2. Upon dedication as a part of the Albany County Nature and Historic Preserve System, said Preserve shall be posted with appropriate signs identifying the land as an Albany County Preserve, and designating the applicable zones within the Preserve. 

SECTION 12. Maintenance.

It shall be the continuing responsibility of the Albany County Office of Natural Resource Conservation and the Conservation, Sustainability & Green Initiatives Committee of the Albany County Legislature to monitor the Preserve System. These agencies shall report to the Albany County Legislature any deviations from the approved general use plan.

SECTION 13. Uses.

Albany County Nature and Historical Preserve System lands shall each have rules and regulations in accordance with the general use plans, as adopted from time to time and updated jointly by the Albany County Office of Natural Resource Conservation and the Conservation, Sustainability & Green Initiatives Committee of the Albany County Legislature.

Albany County Nature and Historical Preserve System lands shall be used as nature and historical preserves, for the purposes of recreation, historic and nature preservation, and promotion of sustainability and prevention of further climate change, including but not limited to, the cultivation of native tree species and the distribution thereof, at reasonable cost via the Albany County Soil and Water Conservation District, to units of local government and or the public.

At the Ann Lee Pond EcoRe-gion Preserve, the following uses are permitted: hiking, bird watching, picnicking, nature photography, outdoor education, shoreline fishing, snowshoeing, and cross country skiing.

At the Lawson’s Lake Preserve, the following uses are permitted: hiking, bird watching, picnicking, fishing, ice fishing, nature photography, outdoor education, shoreline fishing, snowshoeing, kayaking, canoeing, ,and cross country skiing. Swimming, camping, and contained fires may be permitted pursuant to special permit issued by the Commissioner of the Albany County Department of Recreation.

C. Dogs are welcome in the Preserve System under the immediate control of an owner. Pet waste must be picked up and removed to protect water quality and maintain enjoyment of the trails. D. Prohibited Acts.

a. The following uses and activities are prohibited in all Preserves in the

Albany County Nature and Historical Preserve System:

Using any preserve within Albany County outside of the designated hours of operation. Using fireworks of any kind, including sparkling devices. Possessing or consuming alcoholic beverages.

Kindling, building, or using an open fire, except by special  permit at Lawson’s Lake Preserve. This shall not include use of provided grills for grilling food. Overnight camping, except by special permit at Lawson’s Lake  Preserve. Swimming, except by special permit at Lawson’s Lake Preserve. vii. Feeding or sheltering wildlife.

viii. Harassing or harming wildlife, or permitting a domestic animal to do so. This shall not include lawful fishing or ice fishing. ix. Trapping wildlife or using any non-official trapping device.

Hunting or otherwise dischargng any firearms, rifles, or bows of any type.

Removing, destroying, or defacing any signs or postings prohibiting trespass, hunting, or trapping within any Albany County preserve.

Vandalizing, spray painting, breaking, or damaging any property, fixture, building, facility, improvement or structure, or any trees, shrubbery, landscaping materials, or other surface in any Preserve.

Littering, dumping, or burying any refuse, rubbish, debris, yard waste, fill, soil, or vehicles.

Operating or using motorized watercraft on or within any body of water within any Albany County preserve.

Operating any motorized vehicle on any field, court, park or recreational facility other than for official purposes and in designated areas. This shall include motor vehicles, allterrain-motorized vehicles, snowmobiles, motorized-trail bikes, motorcycles, or any other motor-driven craft. 

SECTION 14. Motorized Vehicles Restricted.

Motorized vehicles or motor-crafts of any sort, except for emergency vehicles and vehicles operated by police, environmental conservation officers, County officials or others on official business, are banned from Albany County Nature and Historical Preserve System lands, except for use on designated roadways (or trailways, for snowmobiles) and parking areas. This shall include motor vehicles, all-terrain motorized vehicles, snowmobiles, trail bikes, motorcycles, motor boats or any other motor-driven craft. This shall not apply to wheelchairs or motorized vehicles designed to enable individuals with disabilities.

SECTION 15. Hours.

Albany County Nature and Historical Preserve System lands shall generally be open for public use from dawn until dusk, every day of the year. These hours may be varied by written permission from the County Executive for special events, as well as by the general use plan for each individual Preserve.

SECTION 16. Responsibility for Loss, Damage, or Theft.

Albany County shall not be responsible for loss, damage, theft, or injury to private or personal property used while at an Albany County Nature and Historical Preserve System preserve, nor shall it be responsible for injuries sustained by reason of the public use of said facilities. Albany County Nature and Historical Preserve System preserves shall be used at the sole risk of the public. 

SECTION 17. Removal of All or Portions of Lands from the Albany County Nature and Historical Preserve System.

In the future, an overriding and pressing public need may arise which may require the Albany County Legislature to consider the removal of all or a portion of a preserve from the Albany County Nature and Historical Preserve System. To remove the preserve designation, the Albany County Legislature must comply with the following requirements:

All preserve designationremoval requests shall be designated Type I actions under the State Environmental Quality Review Act.

A public hearing on suchrequest must be held before the Albany County Legislature.

No decision of the AlbanyCounty Legislature shall be made on removal of all or part of a preserve designation for a period of 30 days after closing the public hearing. During that period, written comments shall be accepted by the Albany County Legislature.

Any decision of the AlbanyCounty Legislature must comply with all applicable county, state, or federal laws and/or rules and regulations governing the disposition and/or alienation of public parkland.

SECTION 18. Penalties for Offenses.

Any person found to have violated any of the provisions of this chapter shall be guilty of a violation and shall be subject to the following:

For a first offense, a civil penal-ty not to exceed $500, in addition to restitution for damage to preserve property.

For a second offense commit-ted within a period of 18 months, a civil penalty not to exceed $1,000, in addition to restitution for any damage to preserve lands or property.

SECTION 19. Severability.

If any clause, sentence, paragraph, subdivision, or part of this Local Law or the application thereof to any person, firm, or corporation, or circumstance, shall be adjudged by any court of competent jurisdiction to be invalid or unconstitutional, such order or judgement shall not affect, impair, or invalidate the remainder thereof, but shall be confined to the clause, sentence, paragraph, subdivision, or part of this Local Law directly involved in the controversy in which such judgment or order is rendered. 

SECTION 20. Effective Date.

This law shall take effect immediately upon its filing with the Secretary of State.

Those opposed – 0 Local Law was adopted – 2/13/23

EV 8/24, 8/31/23

LEGAL NOTICE

LOCAL LAW NO. “6” FOR 2023

A LOCAL LAW OF THE COUNTY OF ALBANY, NEW YORK ADOPTING THE CODE OF ALBANY COUNTY

Introduced: 10/11/22

By: A. Joyce, Feeney, Beston, Chapman, Cleary, Commisso, Domalewicz, Efekoro, R. Joyce, Kuhn, Lekakis, Mayo, McLaughlin, McLean Lane, Miller, Plotsky, Reinhardt, Reidy, Ward and Willingham:

BE IT ENACTED BY THE LEGISLATURE OF THE COUNTY OF ALBANY AS FOLLOWS:

ARTICLE I

Adoption of Code § 1-1. Code adopted; continuation of existing provisions.

In accordance with Subdivision 3 of § 20 of the Municipal Home Rule Law, the local laws certain resolutions of Albany County, as codified and consisting of the Charter and Chapters 1 through 488, are hereby approved, adopted and enacted as the Code of Albany County, hereinafter referred to as the "Code." The provisions of the Code, insofar as they are substantively the same as those of local laws and resolutions in force immediately prior to the enactment of the Code by this local law, are intended as a continuation of such local laws and resolutions and not as new enactments. 

§ 1-2. Code on file; additions and amendments.

A copy of the Code has been filed in the office of the County Clerk and shall remain there for use and examination by the public until final action is taken on this local law. Following adoption of this local law, such copy shall be certified to by the Clerk of the County of Albany  by impressing thereon the Seal of the County, as provided by law, and such certified copy shall remain on file in the office of the County Clerk, to be made available to persons desiring to examine the same during all times while said Code is in effect.

Additions or amendments to the Code, when adopted in such form as to indicate the intent of the County Legislature to make them a part thereof, shall be deemed to be incorporated into such Code so that reference to the "Code of Albany County" shall be understood and intended to include such additions and amendments. Nothing contained in this local law shall affect the status of any local law or resolution contained in the Code, and such local laws or resolutions may be amended, deleted or changed from time to time as the County Legislature deems desirable. 

§ 1-3. Notice; publication.

In the event that notice of enactment of this local law is required due to amendments adopted by way of this local law to zoning or land use provisions, or is otherwise required by law, the Clerk of Albany County shall cause notice of the enactment of this local law to be given in the manner required by law. The notice of the enactment of this local law, coupled with the availability of a copy of the Code for inspection by the public, shall be deemed, held and considered to be due and legal publication of all provisions of the Code for all purposes.

§ 1-4. Severability.

Each section of this local law and of the Code and every part of each section is an independent section or part of a section, and the holding of any section or a part thereof to be unconstitutional, void or ineffective for any cause shall not be deemed to affect the validity or constitutionality of any other sections or parts thereof.

§ 1-5. Repealer.

Repeal of inconsistent enactments. All local laws of a general and permanent nature, or parts of such local laws, inconsistent with the provisions contained in the Code adopted by this local law are hereby repealed; provided, however, that such repeal shall only be to the extent of such inconsistency, and any valid legislation of Albany County which is not in conflict with the provisions of the Code shall be deemed to remain in full force and effect.

§ 1-6. Enactments saved from repeal; matters not affected.

The repeal of local laws and ordinances provided for in § 1-5 of this local law shall not affect the following classes of local laws, rights and obligations, which are hereby expressly saved from repeal:

Any right or liability established, accrued or incurred under any legislative provision of Albany County prior to the effective date of this local law or any action or proceeding brought for the enforcement of such right or liability.

Any offense or act committed or done before the effective date of this local law in violation of any legislative provision of Albany County or any penalty, punishment or forfeiture which may result therefrom.

C. Any prosecution, indictment, action, suit or other proceeding pending or any judgment rendered prior to the effective date of this local law brought pursuant to any legislative provision of Albany County.

Any agreement entered into or any franchise, license, right, easement or privilege heretofore granted or conferred by Albany County.

Any local law of Albany County providing for the laying out, opening, altering, widening, relocating, straightening, establishing grade, changing name, improvement, acceptance or vacation of any right-of-way, easement, street, road, highway, park or other public place within Albany County or any portion thereof.

Any local law of Albany County appropriating money or transferring funds, promising or guaranteeing the payment of money or authorizing the issuance and delivery of any bond of Albany County or other instruments or evidence of the County’s indebtedness.

Local laws authorizing the purchase, sale, lease or transfer of property, or any lawful contract, agreement or obligation.

The levy or imposition of special assessments or charges.

The annexation or dedication of property.

Any local law relating to salaries and compensation.

Any local law relating to or establishing a pension plan or pension fund for County employees.

Any local law or portion of a local law establishing a specific fee amount for any license, permit or service obtained from the County.

Any local law adopted subsequent to June 13, 2022.

 § 1-7. Changes in previously adopted legislation.

In compiling and preparing the local laws and resolutions for publication as the Code of Albany County, certain grammatical changes and other minor non substantive changes were made in one or more of said pieces of legislation. It is the intention of the County Legislature that all such changes be adopted as part of the Code as if the local laws and resolutions had been previously formally amended to read as such.

In addition, the amendments and/or additions as set forth in Schedule A attached hereto and made a part hereof are made herewith, to become effective upon the effective date of this local law. (Chapter and section number references are to the local laws and resolutions as they have been renumbered and appear in the Code.) 

§ 1-8. Titles and headings; editor's notes.

Chapter and article titles, headings and titles of sections and other divisions of the Code are inserted in the Code and may be inserted in supplements to the Code for the convenience of persons using the Code and are not part of the legislation.

Editor's notes indicating sources of sections, giving other information or referring to the statutes or to other parts of the Code are inserted in the Code and may be inserted in supplements to the Code for the convenience of persons using the Code and are not part of the legislation. 

§ 1-9. Penalties for tampering with Code.

Any person who alters or tampers with the Code of Albany County in any manner whatsoever which will cause the legislation of Albany County to be misrepresented thereby, or who violates any other provision of this local law, shall be guilty of an offense and shall, upon conviction thereof, be subject to a fine of not more than $250 or imprisonment for a term of not more than 15 days, or both. 

§ 1-10. When effective.

This local law shall take effect immediately upon filing with the Secretary of State of the State of New York.

Those opposed – 0

Local Law was adopted – 2/13/23

EV 8/24, 8/31/23

LEGAL NOTICE

LOCAL LAW NO. 7 FOR 2023

A LOCAL LAW OF THE COUNTY OF ALBANY PROVIDING REAL PROPERTY TAX EXEMPTIONS FOR VOLUNTEER FIREFIGHTERS AND AMBULANCE WORKERS PURSUANT TO REAL PROPERTY

TAX LAW § 466-A

Introduced: 3/13/23

By McLean Lane, Cleary, Feeney, Miller and Reidy, A. Joyce, Beston, Burgdorf, Chapman, Clay, Collins, Commisso, Cunningham, Domalewicz, Drake, Efekoro, Ethier, Fein, Grimm, R. Joyce, Kuhn, Lekakis, Lockart, Mauriello, Mayo, Perlee, Peter, Plotsky, Reinhardt, Ricard, Rosano, Simpson, Smith, Ward, Whalen and Willingham:

A Local Law amending Chapter 270 of the Code of the County of Albany to create an updated real property tax exemption for volunteer firefighters and ambulance workers pursuant to the New York State Real Property Tax Law. 

BE IT ENACTED BY THE LEGISLATURE OF THE COUNTY OF ALBANY AS FOLLOWS:

Section 1. Repealing prior local law. 

This Local Law hereby repeals Article XII: Exemption for Volunteer Firefighters and Ambulance Workers of the Albany County Code as it is currently written, and amends Article XII, §270-116 to §270-123, and adds two new sections, as set forth below. 

Section 2. §270-116: Title; Legislative intent and purpose.

This Chapter shall be known and may be cited as the “Albany County Volunteer Firefighters and Ambulance Workers Tax Exemption.”

The Albany County Legislature finds that attracting and retaining quality volunteer firefighters and emergency medical personnel is one of the most critical problems facing communities in Albany County and that maintaining effective emergency protection depends on the ability to train and retain volunteers.

The Legislature further finds that it is essential for the County and its municipalities to provide real property tax exemptions as an incentive to attract new volunteers and help combat a persistent and alarming decline in the number of volunteers serving as active responders to fire and medical emergencies. Unless recruits are found to replace retiring volunteers and seasoned members are encouraged to continue their volunteer service, the health and safety of citizens served by the volunteer firefighter and emergency medical personnel corps may be jeopardized.

The Legislature further finds that real property tax exemptions are an effective and appropriate way to recognize the personal sacrifices and dedication of these community-spirited volunteers who unselfishly give their time and risk their safety to protect their neighbors without compensation.

The purpose of this Local Law is to adopt the real property tax exemptions for volunteer firefighters and emergency medical personnel in accordance with Real Property Tax Law § 466-a.

Section 3. §270-117: Definitions.

“Active Volunteer Firefighter”, as defined in General Municipal Law §215(1), means a person who has been approved by the authorities in control of a duly organized New York State volunteer fire company or New York State volunteer fire department as an active volunteer firefighter of the fire company or department and who is faithfully and actually performing service in the protection of life and property from fire or other emergency, accident or calamity in connection with which the services of the fire company or fire department are required.”

“Active Volunteer Ambulance Service Worker”, as defined in Volunteer Ambulance Workers’ Benefit Law §3(1), “means an active volunteer member of an ambulance company as specified on a list regularly maintained by that company.”

Section 4. §270-118: Real Property Tax Exemption.

Real property owned by an enrolled member of an incorporated volunteer fire company, fire department or incorporated voluntary ambulance service, or such enrolled member and spouse residing in the County of Albany shall be exempt from taxation to the extent of 10 percent of the assessed value of such property for County purposes, exclusive of special assessments. 

Section 5. §270-119: Qualifications.

Such exemption shall only be granted to an enrolled member of an incorporated volunteer fire company, fire department, or incorporated voluntary ambulance services if the applicant resides in the County of Albany and:resides in the city, town or village which is served by such incorporated volunteer fire company or fire department or incorporated voluntary ambulance service.

the real property which is the subject of such exemption is the primary residence of the applicant.

the real property is used exclusively for residential purposes; provided however, that in the event any portion of such property is not used exclusively for the applicant’s residence but is used for other purposes, such portion shall be subject to taxation and the remaining portion only shall be entitled to the exemption provided by this Local Law.

the applicant has obtained and provided a certificate issued by the authority having jurisdiction for the incorporated volunteer fire company or fire department certifying that the applicant has been an enrolled Active Volunteer Firefighter member of such incorporated volunteer fire company or fire department for at least two years or the applicant has been certified by the authority having jurisdiction for the incorporated voluntary ambulance service as an enrolled Active Volunteer Ambulance Service Worker member of such incorporated voluntary ambulance service for at least two years.

Section 6. §270-120: Continuation of eligibility requirements.

The applicant shall maintain continual eligibility for the exemption during the period in which the applicant serves as either an Active Volunteer Firefighter or an Active Volunteer Ambulance Service Worker, except as otherwise permitted by this Local Law. 

Section 7. §270-121: Twenty year active members.

Any enrolled member of an incorporated volunteer fire company, fire department or incorporated voluntary ambulance service who as an Active Volunteer Firefighter or an Active Volunteer Ambulance Service Worker accrues more than twenty years of active service, as defined in this Local Law, and is so certified by the authority having jurisdiction for the incorporated volunteer fire company, fire department or incorporated voluntary ambulance service, shall be granted the ten percent exemption as authorized by this Local Law for the remainder of his or her life, as long as his or her primary residence is located within the County of Albany.

Section 8. §270-122: Un-remarried surviving spouses of volunteers killed in the line of duty.

An un-remarried surviving spouse of an Active Volunteer Firefighter or Active Volunteer Ambulance Service Worker killed in the line of duty may receive the real property tax exemption for the remainder of his or her life, as long as his or her primary residence is located within the County of Albany, if:

Such un-remarried spouse is certified by the authority having jurisdiction for the incorporated volunteer fire company, fire department or incorporated voluntary ambulance service as an un-remarried spouse of an enrolled member of such incorporated volunteer fire company, fire department or incorporated volunteer ambulance service who was killed in the line of duty; and.

Such deceased volunteer had been an enrolled Active Volunteer Firefighter or Active Volunteer Ambulance Service Worker member for at least five years; and.

Such deceased volunteer and un-remarried spouse had been receiving the exemption prior to his or her death.

Section 9. §270-123: Un-remarried surviving spouses of volunteers with at least twenty years of service.

An un-remarried surviving spouse of an Active Volunteer Firefighter or Active Volunteer Ambulance Service Worker who had at least twenty years of service, may receive the real property tax exemption for the remainder of his or her life, as long as his or her primary residence is located within the County of Albany, if:

Such un-remarried spouse is certified by the authority having jurisdiction for the incorporated volunteer fire company, fire department or incorporated voluntary ambulance service as an un-remarried spouse of a deceased enrolled member of such incorporated volunteer fire company, fire department or incorporated volunteer ambulance service.

Such deceased volunteer had been an enrolled Active Volunteer Firefighter or Active Volunteer Ambulance Service Worker member for at least twenty years.

Such deceased volunteer and un-remarried spouse had been receiving the exemption of such property prior to the death of such volunteer.

Section 10. §270-124: Application process.

Applications for such exemption shall be filed with the assessor of the city, village or town on or before the taxable status date on a form as prescribed by the New York State Commissioner for the Office of Real Property Tax Services.

After the initial application, the assessor of the city, village or town shall have the duty and responsibility of procuring and filing a copy of the applicable fire service or ambulance service certification prior to granting the exemption provided for by this Local Law. 

Section 11. §270-125: No diminution of current benefits.

No applicant who is a volunteer firefighter or volunteer ambulance worker who by reason of such status is receiving any benefit under the provisions of law on the effective date of this Local Law shall suffer any diminution of such benefit because of the provisions of this Local Law.

Section 12. Severability. 

If any clause, sentence or provision of this local law or the application thereof to any person or circumstance shall be adjudged by a court of competent jurisdiction to be invalid, the invalidity thereof shall not affect, impair or invalidate the remainder of the provisions of this local law or the application thereof to other persons and circumstances. 

Section 13. SEQR determination. 

The Town Board hereby determines that this amendment is an

Unlisted action that will not have a significant effect on the environment and, therefore, no other determination or procedure under the State Environmental Quality Review Act (“SEQRA”) is required.

Section 14. Effective Date.

This local law shall take effect on January 1, 2024 and shall apply to taxable status dates occurring on or after such date. Those opposed – 0 Local Law was adopted – 5/8/23

EV 8/24, 8/31/23

LEGAL NOTICE

RESOLUTION NO. 241

PUBLIC HEARING ON PROPOSED LOCAL LAW NO. “F” FOR 2023: A LOCAL LAW OF THE COUNTY OF ALBANY, NEW YORK AMENDING CHAPTER 106 OF THE ALBANY COUNTY CODE, SETTING FORTH REQUIREMENTS FOR LOCATION OF SUBSTANCE ABUSE TREATMENT FACILITIES

WITHIN ALBANY COUNTY

Introduced: 6/12/23

By McLean Lane and Burgdorf:

RESOLVED, By the County Legislature of the County of Albany that a public hearing on proposed Local Law No. “F” for 2023, “A Local Law of the County of Albany, New York Amending Chapter 106 of the Albany County Code, Setting Forth Requirements for Location of Substance Abuse Treatment Facilities within Albany County” to be held by the Albany County Legislature at 7:15 p.m. on Tuesday, August 29, 2023, with participation information to be made available on the Albany County website, and the Clerk of the County Legislature is directed to cause notice of such hearing to be published containing the necessary information in accordance with the applicable provisions of law.

Referred to Law and Health Committees – 6/12/23

Favorable Recommendation Law

Committee – 6/28/23

Favorable Recommendation Health

Committee – 7/27/23

Peter proposed the following amendment:

In the First Resolved Clause,

Replace “July 25” with “August 29” The amendment passed unanimously. Adopted as amended by unanimous

vote – 8/14/23 EV 8/24/23

LEGAL NOTICE

RESOLUTION NO. 242

PUBLIC HEARING ON PROPOSED LOCAL LAW NO. “G” FOR 2023: A LOCAL LAW OF THE COUNTY OF ALBANY, NEW YORK AMENDING CHAPTER 242 OF THE ALBANY COUNTY CODE TO PROHIBIT SMOKING AND VAPING OF TOBACCO OR CANNABIS PRODUCTS AT COUNTY PROPERTIES AND IN COUNTY VEHICLES

Introduced: 6/12/23

By McLean Lane, Willingham, Miller and Simpson:

RESOLVED, By the County Legislature of the County of Albany that a public hearing on proposed Local Law No. “G” for 2023, “A Local Law of the County of Albany, New York Amending Chapter 242 of the Albany County Code to Prohibit the Use Smoking and Vaping of Tobacco or Cannabis Products at County Properties and in County Vehicles” to be held by the Albany County Legislature at 7:15 p.m. on Tuesday, August 29, 2023, with participation information to be made available on the Albany County website, and the Clerk of the County Legislature is directed to cause notice of such hearing to be published containing the necessary information in accordance with the applicable provisions of law.

Referred to Law and Health Committees – 6/12/23

Favorable Recommendation Law

Committee – 6/28/23

Favorable Recommendation Health

Committee – 7/27/23

Peter proposed the following amendment:

In the First Resolved Clause,

Replace “July 25” with “August 29” The amendment passed unanimously. Adopted as amended by unanimous

vote – 8/14/23 EV 8/24/23

LEGAL NOTICE

RESOLUTION NO. 297

PUBLIC HEARING ON PROPOSED LOCAL LAW NO. “H” FOR 2023: A LOCAL LAW OF THE COUNTY OF ALBANY, NEW YORK AMENDING LOCAL LAW NO. 8 FOR 1997, GRANTING A PARTIAL

TAX EXEMPTION OF REAL PROPERTY OWNED BY PERSONS WITH LIMITED INCOMES WHO ARE DISABLED IN ACCORDANCE WITH THE PROVISIONS OF REAL PROPERTY TAX LAW SECTION 459-C

Introduced: 7/10/23

By Rosano, Beston, Chapman, Cleary, Commisso, Efekoro,

Feeney, Fein, A. Joyce, Lekakis, Mayo, Mclean Lane, Miller, Peter, Plotsky, Reidy, Reinhardt, Ricard, Simpson and Willingham:

RESOLVED, By the County Legislature of the County of Albany that a public hearing on proposed Local Law No. “H” for 2023, “A LOCAL LAW OF THE COUNTY OF ALBANY, NEW YORK AMENDING LOCAL LAW NO.8 FOR 1997, GRANTING A PARTIAL TAX EXEMPTION OF REAL PROPERTY OWNED BY PERSONS WITH LIMITED INCOMES WHO ARE DISABLED IN ACCORDANCE WITH THE PROVISIONS OF REAL PROPERTY TAX LAW SECTION 459-C” to be held by the Albany County Legislature at 7:15 p.m. on Tuesday, August 29, 2023, with participation information to be made available on the Albany County website, and the Clerk of the County Legislature is directed to cause notice of such hearing to be published containing the necessary information in accordance with the applicable provisions of law.

Referred to Law Committee –

7/10/23

Favorable Recommendation Law

Committee – 7/26/23

Adopted by unanimous vote –

8/14/23

EV 8/24/23

LEGAL NOTICE

NOTICE TO BIDDERS –

ALBANY COUNTY

REQUEST FOR BIDS

#2023-103

Sealed Bids for Seal Coating and Paint Striping as requested by Shaker Place Rehabilitation and Nursing Center will be received by the Albany County Purchasing Agent, Room 1000, 112 State Street, Albany, New York 12207 until 11:00 AM, local time on Thursday, September 7, 2023.

Request for Bid (RFB) documents may be obtained at the office of the Albany County Purchasing Agent, as noted above. RFB documents may be available for download from the Empire State Bid System website at http://www.empirestatebidsystem.com starting by close of business (4:30 p.m.) on Thursday, August 24, 2023.

A site visit will be held Thursday, August 31, 2023 at 10:00 a.m at the Shaker Place Rehabilitation and Nursing Center. This is the only scheduled site visit. Interested bidders are strongly urged to attend.

Pamela O Neill

Purchasing Agent

Dated: Albany, New York August 15, 202

EV 8/24/23

LEGAL NOTICE

NOTICE TO BIDDERS –

ALBANY COUNTY

REQUEST FOR BIDS

#2023-105

Sealed Bids for Purchase of Used Paint Striping Truck as requested by Albany County Department of Public Works will be received by the Albany County Purchasing Agent, Room 1000, 112 State Street, Albany, New York 12207 until 11:00 AM, local time on Thursday, August 31, 2023

Request for Bid (RFB) documents may be obtained at the office of the Albany County Purchasing Agent, as noted above. RFB documents may be available for download from the Empire State Bid System website at http://www.empirestatebidsystem.com starting by close of business (4:30 p.m.) on August 24, 2023.

Pamela O Neill

Purchasing Agent

Dated: Albany, New York August 21, 2023

EV 8/24/23