Common Council Caucus & Regular Meeting

CITY OF ALBANY COMMON COUNCIL MINUTES OF A REGULAR MEETING MONDAY, January 7, 2019 Members Present: Anane, Balarin, Conti, Doesschate, Fahey, Farrell, Flynn, Hoey, Igoe, Johnson, Kimbrough, Love, O’Brien, Robinson and Council President Ellis. Staff Present: Gerald Campbell, Marisa Franchini, Michele Andre, Jared Pellerin The roll being called, the meeting was called to order by President Ellis at 7:15 pm; Council Members recited the Pledge of Allegiance followed by a moment of silence. Public Comment Period The following members of the public spoke: 1). Betsy Mercogliano, 3 Wilbur Street, Albany, NY 12202 (Housing in the City) 2). Marlon Anderson, 216 Lark Street (Leadership) 3). Vincent Riguso, 13 Beach Street, Albany, NY (State of the City) 4). Charles “Obar” Robinson, 404 Livingston Ave, Albany, NY (Female cop put hands on him) 5). Alana Klein, 29 Glenwood Street, Albany, NY 12208 (Ellazar William) There being no further speakers, President Ellis declared the Public Comment Period closed. Approval of Minutes President Pro Tem Conti made a motion, which was duly seconded, to approve the minutes of the December 3, 2018 and December 17, 2018 regular meetings of the Council, which was APPROVED by unanimous voice vote. Consideration of Local Laws Council Member Hoey noticed the introduction of Local Law A as follows: LOCAL LAW A 2019 A LOCAL LAW AMENDING SECTION 34-1 (MEETINGS OF BOARDS, COMMISSIONS AND COMMITTEES TO BE RECORDED) OF CHAPTER 34 (MEETINGS) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO THE KEEPING OF MEETING MINUTES BY PUBLIC BODIES AND ENSURING THE POSTING THEREOF. BE IT ENACTED by the Common Council of the City of Albany as follows: Section 1. Section 34-1 of the Code of the City of Albany is amended to read as follows:  §34-1 Meetings of Boards, Commissions and Committees to be recorded; content and posting of minutes A. Meetings of all public bodies subject to the New York State Public Officers Law, Article 7 (commonly referred to as the "Open Meetings Law"), shall be recorded, except those portions of meeting where the body validly enters into executive session. The audio recording shall be made available to the public and shall be digitally preserved for a minimum of five years. B. Meetings of all public bodies of the City of Albany, in accordance with Article 7, Section 106 of the New York State Public Officers Law, shall establish procedures and protocol pertaining to the taking of meeting minutes and the publishing thereof. Minutes must contain a record or summary of all motions, proposals, resolutions and any other matter formally voted upon and the vote thereon. Meeting minutes for a meeting at which a public hearing or public comment period is held shall include the name of those individuals who have freely chosen to state their name for the record and the nature of their testimony. Meeting minutes of all public bodies of the City of Albany shall be posted to the City of Albany’s website within two weeks of any public meeting, except in the case of an executive session in which instance the minutes shall be made available to the public within one week from the date of the executive session. Section 2. This local law shall take effect upon final passage, public hearing and filing with the Secretary of State. President Pro Tem Conti referred Local Law A to the Council Operations and Ethics Committee for further consideration. President Pro Tem Conti held the pending local law on the agenda for further consideration. Reports of Standing and Ad Hoc Committees Finance, Assessment and Taxation: Council Member Doesschate reported that the committee met on January 3, 2019 to begin reviewing bond ordinances, current bond schedule and its impact on our debt policy. There is a follow-up meeting on January 10, 2019. Housing and Community Development: Council Member Kimbrough reported the committee would be meeting on January 10, 2019 to receive a report from the Albany Housing Authority. Planning, Economic Development and Land Use: Council Member Fahey reported the Committee will meet on January 9, 2019 to review Ordinance 32.62.18 and January 24, 2019 to review Ordinance 39.111.18. Consideration of Ordinances Council Member Kimbrough noticed the introduction of Ordinance 1.11.19 as follows, which was held for further consideration: ORDINANCE NUMBER 1.11.19 AN ORDINANCE AMENDING SUBSECTION E (REPORTS) OF SECTION 14  (MINORITY BUSINESS ENTERPRISE STANDARDS) OF ARTICLE 2 (MINORITY- AND-WOMEN-OWNED BUSINESS ENTERPRISE PROGRAM AND MINORITY-AND- WOMEN-OWNED LABOR UTILIZATION PLAN) OF CHAPTER 48 (EQUAL OPPORTUNITY PROTECTIONS) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO THE REQUIREMENT OF AN ANNUAL REPORT ON THE MINORITY- AND-WOMEN-OWNED BUSINESS ENTERPRISE PROGRAM AND LABOR UTILIZATION PLAN The City of Albany, in Common Council convened, does hereby ordain and enact: Section 1. Subsection E of Section 48-14 of the Code of the City of Albany is amended to read as follows: E. Reports (1) The Albany MWOBE Officer shall biannually annually submit a written report to the Common Council on or before April 1 and October 1 of each year summarizing the previous year’s compliance with: (a) The standards set forth in Subsection A of this section; (b) The number and types of contracts in which minority- and women-owned and -controlled business firms, corporations and establishments have participated; and, (c) The attainment of the goals set forth in this article. (2) Such report may also include recommendations designed to improve the administration and implementation of the program set forth in this article. Section 2. This ordinance shall take effect immediately. President Pro Tem Conti referred Ordinance 1.11.18 to the Human Resource and Human Rights Committee for further consideration. Council Member Doesschate moved to amend Ordinance 39.111.18 as follows, which had been previously introduced: ORDINANCE NUMBER 39.111.18 (As Amended) AN ORDINANCE AMENDING CHAPTER 375 (CITY OF ALBANY UNIFIED SUSTAINABLE DEVELOPMENT ORDINANCE) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO SIGNS The City of Albany, in Common Council convened, does hereby ordain and enact: Section 1. Clause (i) (Type, Size, and Locations) of Subparagraph (a) of Paragraph (5) (On- Premises Signs that Require a Sign Permit) of Subsection (I) of Section 375-4 (Development Standards) of Chapter 375of the Code of the City of Albany is amended to read as follows: (i) TYPE, SIZE, AND LOCATIONS Table 375-4-5: Type, Size, and Locations of Signs Special Type of Residential Mixed-Use Purpose Sign Districts Districts Districts MU-NE MU-NC MU-CI 1 Maximum MU-CU Number Per MU-CH 1 1 [1] MU-DT Street Free- Frontage MU-FW standing MU-FC 0 MU-FS MU-FM MU-CU 64 sq. ft. Maximum 20 6 sq. 64 sq. ft. MU-CI [2] Size ft.[1] MU-DT MU-NC 20. MU-NE sq. ft. MU-CU MU-CH Maximum MU-CI Height 5 ft. MU-DT 8 ft. 6 ft. [2] MU-NC MU-NE 5 ft. Illumination External Yes [3] Yes [3] only[1]  Table 375-4-5: Type, Size, and Locations of Signs Special Type of Residential Mixed-Use Purpose Sign Districts Districts Districts Maximum Number Per 1 [1] 1[4[ 1 Street Frontage MU-CU MU-CH 32 sq. ft. MU-CI [2] [4] Wall MU-DT Maximum MU-NC 20 6 sq. ft. 32 sq. ft. Size MU-NE [1][1a] MU-FW 24. sq. ft. MU-FC MU-FS MU-FM Illumination: No Yes [3] Yes [3] Maximum Number Per 0 1 [5] 1 [5] Street Frontage MU-CU MU-CH 32 sq. ft. MU-CI Projecting MU-DT Maximum MU-NE N/A 32 sq. ft. Size MU-NC MU-FW 24 sq. ft. MU-FC MU-FS MU-FM Illumination N/A Yes [3] Yes [3] Maximum Number Per 0 1 [5] 1 [5] Street Awning Frontage Maximum N/A 24 sq. ft. 24 sq. ft. Size of Sign Area Illumination: N/A Yes [3] Yes [3] Notes: [1] Limited to multifamily dwellings and nonresidential uses. [1a] Wall signs for buildings with pre-existing commercial building facades or a variance for a commercial use in a residential zone may be approved for a wall sign of up to 10 square feet provided such sign is consistent with the character of the building and the neighborhood in which it is located. [2] Properties in the MU-CH and MU-CI districts that have more than 200 linear feet of street frontage are allowed a maximum size of 100 sq. ft. for freestanding and wall sign, and a maximum height of 25 ft. for freestanding signs. [3] Applicable signs are subject to the provisions of Section 375-4(I)(3). [4] Additional signs permitted above top row of windows on buildings at least 9 stories in height may not extend across more than 50% of building façade width. [5] Permitted only as alternative to a wall sign. Section 2. Subclause E. (Obsolete Signs) of Clause (ii) (Type, Size and Locations) of Subparagraph (a) of Paragraph (5) (On-Premises Signs that Require a Sign Permit) of Subsection (I) of Section 375-4 (Development Standards) of Chapter 375of the Code of the City of Albany is amended to read as follows: E. OBSOLETE, UNSAFE and UNSECURE SIGNS 1. Any on-premises sign that no longer advertises an existing business conducted or product sold on the premises upon which such sign is located shall be removed unless it is architecturally or historically significant, or is considered to be a character-defining feature of the building or district. 2. If the Chief Building Official finds that any sign regulated herein is obsolete, abandoned, unsafe or unsecure or is a menace to the public, he or she shall give written notice to the named owner of the sign and the named owner of the land upon which it is located, who shall remove, or as appropriate repair, the sign within 60 days from the date of the notice. If the sign is not removed or repaired within that time period, the Chief Building Official shall revoke the permit for such sign, if one was issued, and remove or repair the sign and shall assess all costs incurred for such service against the owner of the sign. Section 3. Paragraph (5) (Non-Conforming Signs) of Subsection F (Pre-Existing Development and Nonconformities) of Section 375-5 (Administration and Enforcement) of Chapter 375of the Code of the City of Albany is amended to read as follows: (5) NONCONFORMING SIGNS (a) All signs that have been lawfully erected shall be deemed to be legal and lawful signs and shall be maintained subject to the provisions of this Section. (b) On-premises signs legally erected before the adoption of this USDO that do not conform to the provisions of Section 375-4(I) may continue to be maintained as long as the specific business to which any sign pertains continues to operate at the same property, however, they shall not be enlarged, increased in height, redesigned or altered in any way, unless to conform to the requirements of this USDO. Section 4. This ordinance shall take effect immediately. President Pro Tem Conti held the remaining pending ordinances on the agenda for further consideration. Consideration of Resolutions President Pro Tem Conti made a motion, which was duly seconded, requesting Majority Consent to add Resolution 1.11.19R to the agenda. There being no discussion, the motion was adopted by voice vote. Council Member Flynn offered Resolution 1.11.19R (MC) as follows, asked for its passage and a vote thereon: Resolution Number 1.11.19 (MC)  RESOLUTION OF THE COMMON COUNCIL CONSENTING TO AN ADJUSTMENT IN SALARY FOR CERTAIN POSITIONS FOR THE 2019 BUDGET WHEREAS, Section 604(D)(b) of the Charter of the City of Albany dictates that any transfer of budgeted funds that affects a salary total that occurs outside of those described in the duly adopted budget must be consented to by the Common Council; and WHEREAS, the Commissioner of the Department of Recreation has requested 2019 budget amendments transferring a total of $92,227 from A7180.7170 (Temp Help) to A7140.7000 (Salaries - $85,671) and A7140.7801 (Social Security- $6,556) in order to fund three full-time positions of Lifeguard. NOW, THEREFORE, BE IT RESOLVED, that the Common Council of the City of Albany consents to the transfer of funds as set forth above, affecting the salary totals for three full-time lifeguard positions in the Department of Recreation. There being no discussion, President Ellis called for a roll call vote thereon and the Resolution was ADOPTED: The Resolution passed by the following vote of all Council Members elected voting in favor thereof: Affirmative – Anane, Balarin, Conti, Doesschate, Fahey, Farrell, Flynn, Hoey, Igoe, Johnson, Kimbrough, Love, O’Brien, and Robinson Affirmative 14 Negative 0 Abstain 0 President Pro Tem Conti held the remaining Resolutions on the pending agenda for further consideration. Miscellaneous or Unfinished Business The following members made miscellaneous remarks: Council Member Johnson – Lincoln Park Master Plan Council Member Kimbrough – HUD Report Council Member Flynn – Fire Union leader sister dies Council Member Robinson – Asked for the State of the City to be move to Rotunda Council Member Anane – State of the City presentations at neighborhood association meetings Council Member Conti – Park South Urban Renewal Plan and State of the City message presentation in Council Chamber Adjournment There being no further business, President Pro Tem Conti made a motion to adjourn, which was duly seconded and adopted by unanimous voice vote. President Ellis declared the meeting adjourned at approximately 8:01 pm. Respectfully Submitted Michele Andre Legislative Aide to the Common Council