Common Council Caucus & Regular Meeting

CITY OF ALBANY COMMON COUNCIL MINUTES OF A REGULAR MEETING MONDAY, February 4, 2019 Members Present: Anane, Balarin, Conti, Doesschate, Fahey, Farrell, Flynn, Hoey, Igoe, Love, O’Brien, Robinson and Council President Ellis. Staff Present: Cashawna Burt, Marisa Franchini, Michele Andre, Jared Pellerin The roll being called, the meeting was called to order by President Ellis at 7:00 pm; Council Members recited the Pledge of Allegiance followed by a moment of silence. Public Hearing (Ordinance 32.62.18 As Amended and 39.111.18 As Amended) The following members of the public spoke: 1). Allegra Scholar, 121 W. 36 Street #201, New York, NY (Ordinance 32.62.18 As Amended) 2). Charles Obar Robinson, 404 Livingston Ave, Albany, NY (Ordinance 32.62.18 As Amended) 3). Alana Klein, 29 Glenwood Street, Albany, NY 12208 (39.111.18 As Amended) Public Comment Period The following members of the public spoke: 1). Charles Obar Robinson, 404 Livingston Ave, Albany, NY (Slavery) 2). Alana Klein, 29 Glenwood Street, Albany, NY 12208 (Voting) 3). Vincent Riguso, 15 Beach Avenue, Albany, NY 12203 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 minute of January 7, 2019 regular meetings of the Council, which was APPROVED by unanimous voice vote. Consideration of Local Laws Council Member Hoey noticed Local Law A-2019 as amended (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), which had been previously introduced and amended requested passage and a vote thereon: *Local Law A-2019 As Amended was co-sponsored by Council Members Anane, Balarin, Conti, Doesschate, Fahey, Farrell, Flynn, Hoey, Igoe, Love, O’Brien, and Robinson Council Members Hoey spoke on the Local Law A-2019 prior to passage. There being no further discussion, President Ellis called for a roll call vote thereon and the Local Law was ADOPTED: Passed by the following vote of all the Council Members elected voting in favor thereof: Affirmative – Anane, Balarin, Conti, Doesschate, Fahey, Farrell, Flynn, Hoey, Igoe, Love, O’Brien, Robinson Affirmative 12 Negative 0 Abstain 0 President Pro Tem Conti held the remaining local law on the agenda for further consideration. Reports of Standing and Ad Hoc Committees Finance, Assessment and Taxation: Council Member Doesschate reported the Committee met on January 31, 2018 to review and discuss Ordinance 5.12.19 (MC) (renovation for AFD Engine #9 roof) which was reported out of committee with a positive recommendation. Planning, Economic Development and Land Use: Council Member Fahey reported the Committee will meet February 6, 2019 to review Ordinance 3.12.19 (Special Flood Hazard Areas) and Ordinance 4.12.19 (151-153 Grand Street Rezone). Consideration of Ordinances Council Member O’Brien noticed the introduction of Ordinance 6.21.19 as follows, which was held for further consideration: Ordinance Number 6.21.19 AN ORDINANCE AMENDING ARTICLE I (REMOVAL OF GARBAGE), ARTICLE II (RECYCLABLES), ARTICLE IV (LITTER), ARTICLE V (VACANT LOTS), AND ARTICLE VA (NOTICE OF VIOLATION) OF CHAPTER 313 (SOLID WASTE) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO THE ADJUDICATION OF PENALTIES FOR VIOLATIONS The City of Albany, in Common Council convened, does hereby ordain and enact: Section 1. Section 313-7 of Article I of the Code of the City of Albany is amended to read as follows: A. Any person, firm, partnership, corporation or other entity who or which shall knowingly and willingly violate or assist in the violation of the provisions of this article, or who or which fails to comply with a lawful directive from the Commissioner of General Services concerning the provisions of this article, shall be guilty of a violation and subject to a fine not to exceed $325, imprisonment, or both, for each such offense together with any and all costs of the Department of General Services in correcting or abating said violation, including all associated court costs. The Commissioner may adjudicate liability under this section by administrative hearing in accordance with section 313.51.1(D), and may impose any penalty provided for in subdivision E of section 313.51.1 upon a finding of liability. Section 2. Section 313-22 of Article II of the Code of the City of Albany is amended to read as follows: Penalties for offenses. Any person who engages in unlawful conduct as defined in this article may, upon conviction thereof, in a proceeding before a court of competent jurisdiction, be sentenced to imprisonment for a term not to exceed 15 days or to a term of community service related to the purposes of this article or to pay a fine of not more than $325 and not less than $25, or any combination of the above penalties, including all associated court costs. The Commissioner may adjudicate liability by administrative hearing in accordance with section 313.51.1(D), and may impose any penalty provided for in subdivision E of section 313.51.1 upon a finding of liability. Section 3. Section 313-44 of Article IV of the Code of the City of Albany is amended to read as follows: Penalties for offenses. Any person in violation of any of the provisions of this article shall be subject to the penalties prescribed by Chapter 258 of the Code of the City of Albany. If liability is adjudicated by the Commissioner through administrative hearing in accordance with section 313.51.1(D), the Commissioner may impose any penalty provided for in subdivision E of section 313.51.1. Section 4. Section 313-49 of Article V of the Code of the City of Albany is amended to read as follows: Penalties for offenses. Any person in violation of any of the provisions of this article shall be subject to the penalties prescribed by Chapter 258, Penalties, of the Code of the City of Albany. If liability is adjudicated by the Commissioner through administrative hearing in accordance with section 313.51.1(D), the Commissioner may impose any penalty provided for in subdivision E of section 313.51.1. Section 5. Section 313-51.1 of Article VA of the Code of the City of Albany is amended to read as follows: Responsibility of property owners; action by City; costs of abatement; hearing. A. All property owners or persons owning, occupying or otherwise having control of property within the City of Albany shall at all times maintain that property and the adjoining public ways free of litter and debris, excessive accumulation of animal waste, water and other hazards. Appropriate ground cover shall be properly established and maintained. Heavy undergrowth, weeds and/or overgrowth of plant material which are noxious or detrimental to the public health, safety and welfare shall be eliminated. B. Upon complaint, on his or her own motion and after inspection of the property, the Commissioner of the Department of General Services or his or her designee shall notify the property owner or person occupying or having control of the property, as hereinafter provided, of any conditions on the property or sidewalk violating the provisions of Articles I, II, IV and/or V of this chapter and require compliance within five calendar days from the date such notice was mailed or within three calendar days of personal service of such notice if said notice is personally served upon the property owner, authorized agent or person or entity in control of the property. C. Notice. (1) All notices issued hereunder to restrain or correct any violation or to enforce compliance with any provision or requirement of Articles I, II, IV and/or V may be served by: (a) Delivering to and leaving a copy of the same with any person or persons owning, occupying, otherwise in control or who may be liable under any of the several provisions of such Articles I, II, IV and/or V; (b) By registered or certified mail to the most current address on file in the Rental Dwelling Registry under § 231-143 of this Code, if any; or (c) If none is on file, to the most current address on file in the City Department of Assessment and Taxation; or (d) If such person or persons cannot be served by any of the aforesaid methods, after diligent search shall have been made for such person or persons, then such notice may be served by posting the same in a conspicuous place upon the premises where such violation is alleged to exist, or to which such notice may refer, which shall be equivalent to personal service of said notice upon all parties for whom such search shall have been made; or (e) By any other method of service authorized pursuant to Article 3 of the Civil Practice Law and Rules. (2) Notice by mail to owners residing out of state. If the person or persons or any of them to whom said notice is directed do not reside in the State of New York and have no known place of business therein, the notice may be served by delivering to, and leaving with, such person or persons, or either of them, a copy of said notice, or if said person or persons cannot be found within said state after diligent search, then by posting a copy of the same in the manner as aforesaid and depositing a copy thereof in a post office in the City of Albany, enclosed in a sealed wrapper addressed to said person or persons at their last known place of residence, with the postage paid thereon; and said posting and mailing a copy of said notice shall be equivalent to personal service of said notice. D. Hearing. The notice required herein shall indicate that a request for a hearing may be made by the owner of the property alleged to be in violation; which must be made and received by the Commissioner before the expiration of the five-day period set forth in Subsection B. Such request must either be delivered personally to the Department of General Services or mailed by certified mail to the Commissioner. Upon such request duly made and received, a hearing will be held before the Commissioner or a designated officer at a time, date and place set by written notice sent to the owner by regular mail. The hearing shall be held within seven calendar days following receipt of the request and at least two days' notice of the hearing shall be given to the owner. The owner or owner's agent shall be given an opportunity to present evidence and be heard during the hearing. Within five days of the conclusion of the hearing, the notice shall be affirmed, amended, modified or rescinded. E. Costs of abatement. (1) If the owner or person upon whom notice was made fails, neglects or otherwise refuses to timely comply with such notice, or fails to attend a hearing scheduled pursuant to Subsection D, or is found to be in violation of any provision of Chapter 313 after the hearing set forth in subsection 313- 51.1(D), the Commissioner shall cause the premises to be put in such condition to correct the violation(s) cited and comply with the provisions of this chapter; the costs of which, together with a 15% surcharge for inspection, a fine not to exceed $325 and not less than $25, and other administrative costs in connection therewith, shall be certified and filed with the City Treasurer who shall render a bill to the owner and/or the person who or entity which pays the taxes on said lot or parcel of land for payment. Section 2. This ordinance shall take effect thirty (30) days after enactment. President Pro Tem Conti referred Ordinance 6. 21.19 to the Law, Buildings and Code Enforcement Committee for further consideration. President Pro Tem Conti made a motion, which was duly seconded, requesting Majority Consent to add Ordinance 7.21.19 (MC) to the agenda. There being no discussion, the motion was adopted by voice vote. Council Member Conti offered Ordinance 7.21.19 (MC) as follows: ORDIANCE NUMBER 7.21.19 (MC) AN ORDINANCE AMENDING ARTICLE III (REGULATION AND CONTROL OF TRAFFIC DURING SNOW AND OTHER NATURAL EMERGENCIES) OF CHAPTER 359 (VEHICLES AND TRAFFIC) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO PARKING DURING A DECLARED SNOW EMERGENCY The City of Albany, in Common Council convened, does hereby ordain and enact: Section 1. Section 359-32 (Notice to public) of the Code of the City of Albany is amended to read as follows: The declaration of an emergency as specified in § 359-31 above shall be conveyed to the public by radio and television announcements and such other means as deemed appropriate, which shall constitute notice to the general public of such emergency. Section 2. Subsection C of section 359-33 (Commencement of snow emergency; duration; continuation) of the Code of the City of Albany is amended to read as follows: C. If conditions warrant, the Mayor, upon the advice of the Chief of Police and Commissioner of General Services, is authorized to continue the snow emergency for an additional forty-eight-hour period. Continuation of such snow emergency shall be conveyed to the public by radio and television announcements and such other means as deemed appropriate.  Section 3. Subsection A of section 359-34 (Restricted vehicular parking during snow emergency) is amended to read as follows: A. During a declared snow emergency the following parking restrictions shall apply: (1) Upon commencement of a snow emergency, all vehicular parking on the odd-numbered side of all City streets is prohibited for a twenty-four-hour period. (2) After 24 hours from the designated snow emergency commencement, vehicular parking on the even-numbered side of all City streets is prohibited for the succeeding twenty-four-hour period. (3) During the second 24 hours of a snow emergency there shall be a one-hour grace period prior to the commencement of parking restrictions during which vehicular parking may transition to the even-numbered side of City streets. Section 4. Section 359-35 (Snow emergency information) of the Code of the City of Albany is amended to read as follows: Information relative to the existence of a snow emergency, when commenced and regulations pertaining thereto can be obtained by calling 518-476-SNOW. Section 5. Section 359-38 (Penalties for offenses) of the Code of the City of Albany is amended to read as follows: In addition to the penalty specified in § 359-37 of this article, the owner of any vehicle parked in violation of this article or any rules or regulations promulgated hereto shall be issued a parking ticket in accordance with § 359-87[A(3), (4) or (5)] of the Code of the City of Albany[, which shall subject such vehicle owner to a fine of $25]. Section 6. This ordinance shall take effect immediately. President Pro Tem Conti referred Ordinance 7.21.19 (MC) to the Law, Buildings and Code Enforcement Committee for further consideration. Council Member Doesschate moved to amend Ordinance 39.111.18 As Amended as follows, which had been previously introduced and, having been amended asked passage and a roll call vote thereon: 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][3] Size ft.[1] MU-DT MU-NC 20. MU-NE sq. ft. MU-CU MU-CH 8 ft. Maximum MU-CI Height 5 ft. MU-DT [2][3] 6 ft. MU-NC MU-NE 5 ft. Illumination External Yes Yes [3][4] only[1] [3][4] 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][5] 1 Street Frontage MU-CU MU-CH 32 sq. ft. MU-CI [2][3] [4][5] Wall MU-DT Maximum MU-NC 20 6 sq. ft. 32 sq. ft. Size MU-NE [1][2] MU-FW 24. sq. ft. MU-FC MU-FS MU-FM Illumination: No Yes [3][4] Yes [3][4] Maximum Number Per 0 1[5][6] 1 Street [5][6] 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][4] Yes [3][4] Maximum Number Per 0 1[5][6] 1 Street Awning [5][6] Frontage Maximum N/A 24 sq. ft. 24 sq. ft. Size of Sign Area Illumination: N/A Yes [3][4] Yes [3][4] Notes: [1] Limited to multifamily dwellings and nonresidential uses. [2] 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, as determined by the chief planning official. [2][3] 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[4]] Applicable signs are subject to the provisions of Section 375-4(I)(3). [4][5] 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[6]] 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. *Ordinance 39.111.18 As Amended was co-sponsored by Council Member Anane, Fahey, and Hoey Council Members Doesschate and Fahey spoke on the ordinance prior to passage. There being no further discussion, President Ellis called for a roll call vote thereon and the Ordinance was ADOPTED: The Ordinance passed by the following vote of all Council Members elected voting in favor thereof: Affirmative – Anane, Balarin, Conti, Doesschate, Fahey, Farrell, Flynn, Hoey, Igoe, Love, O’Brien, Robinson Affirmative 12 Negative 0 Abstain 0 Council Member Doesschate noticed Ordinance 5.12.19 [AN ORDINANCE AUTHORIZING CERTAIN PURCHASES BY THE CITY OF ALBANY, NEW YORK AT A MAXIMUM ESTIMATED COST OF $1,000,000.00 AND AUTHORIZING THE LEASE FINANCING OR THE ISSUANCE OF $1,000,000.00 SERIAL BONDS OF SAID CITY TO PAY THE COST THEREOF (DEPT. OF ENGINEERING – RENOVATIONS TO CITY BUILDINGS)], which had been previously introduced, asked passage and a roll call vote thereon. * Ordinance 5.12.19 (MC) As Amended was co-sponsored by Council Members Anane, Flynn, Hoey and Igoe There being no further discussion, President Ellis called for a roll call vote thereon and the Ordinance was ADOPTED: The Ordinance passed by the following vote of all Council Members elected voting in favor thereof: Affirmative – Anane, Balarin, Conti, Doesschate, Fahey, Flynn, Hoey, Igoe, Love, O’Brien, Robinson Affirmative 11 Negative 0 Abstain 0 President Pro Tem Conti held the remaining pending ordinances on the agenda for further consideration. Consideration of Resolutions Council Member O’Brien noticed Resolution 2.12.19R (RESOLUTION OF THE COMMON COUNCIL APPROVING AND ADOPTING THE ALBANY COUNTY MULTI- JURISDICTIONAL MULTI-HAZARD MITIGATION PLAN), which had been previously introduced, asked for its passage and a vote thereon: * Resolution 2.12.19R was co-sponsored by Council Members Fahey There being no further 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, Flynn, Hoey, Igoe, Love, O’Brien, Robinson  Affirmative 11 Negative 0 Abstain 0 President Pro Tem Conti held the remaining Resolutions on the pending agenda for further consideration. Miscellaneous or Unfinished Business President Pro Tem Conti offered the following, which was duly seconded and ADOPTED by voice vote: RESOLVED THAT THE FOLLOWING PERSONS BE AND HEREBY ARE APPOINTED COMMISSIONERS OF DEEDS FOR THE CITY OF ALBANY, NEW YORK FOR THE TERM ENDING DECEMBER 31, 2018, AND WAIVE THE READING OF THE NAMES Boutrin Althia Albany County Clerk's Office 16 Eagle Street, Room 128 Albany 12207 Gudz Judy Albany County Clerk's Office 16 Eagle Street, Room 128 Albany 12207 Commisso Michael Albany Police Department 165 Henry Johnson Blvd Albany 12210 Gavigan Scott Albany Police Department 165 Henry Johnson Blvd Albany 12210 Gottesman Scott Albany Police Department 165 Henry Johnson Blvd Albany 12210 Joyce Raymond F. Resident 54 Manning Boulevard Albany 12203 Mulligan Gregory Albany Police Department 165 Henry Johnson Blvd Albany 12210 Norris William Albany Police Department 165 Henry Johnson Blvd Albany 12210 O'Hare Daniel Albany Police Department 165 Henry Johnson Blvd Albany 12210 Regan John Albany Police Department 165 Henry Johnson Blvd Albany 12210 Seeber Matthew Albany Police Department 165 Henry Johnson Blvd Albany 12210 Venard Brian Albany Police Department 165 Henry Johnson Blvd Albany 12210 Piscoiotta Kayla Albany County Probation 60 South Pearl St. Albany 12207 Priotti Michelle Albany County Probation 60 South Pearl St. Albany 12207 Slaver Ashley Albany County Probation 60 South Pearl St. Albany 12207 The following members made miscellaneous remarks: Council Member Igoe – Requested CPRB quarterly reports before attending Public Safety Committee Meeting Council Member Hoey – Chef Kinimo Ngoran who was arrested by ICE Council Member Robinson – Council Member Johnsons loss of his grandmother Council Member Conti – CPRB quarterly reports 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 8:48 pm. Respectfully Submitted Michele Andre Legislative Aide to the Common Council