Common Council Caucus & Regular Meeting

CITY OF ALBANY COMMON COUNCIL MINUTES OF A REGULAR MEETING MONDAY, March 4, 2019 Members Present: Anane, Balarin, Conti, Doesschate, Fahey, Farrell, Flynn, Hoey, Igoe, Johnson, Kimbrough, 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 7:01 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). David Wallace, 391 Western Ave, Albany, NY 12203 (LaSalle School) 2). Alana Klein, 29 Glenwood Street, Albany, NY 12208 (Colour Cosmetic Studio) There being no further speakers, President Ellis declared the Public Comment Period closed. Approval of Minutes There were no meeting minutes available for approval. Consideration of Local Laws President Pro Tem Conti held the local laws on the pending agenda. Reports of Standing and Ad Hoc Committees Public Safety: Council Member Kimbrough reported that the committee met on February 27, 2019 to review Resolutions 8.22.19 and 9.22.19 reappointing Matt Ingram and Veneilya Harden to the Community Police Relations Board which were moved out of the committee for Council consideration. Change in Order of Business President Pro Tem Conti made a motion to change the order of business so as to take up Resolution 13.31.19R and 14.31.19R as the next order of business. The motion, being duly seconded, was ADOPTED by unanimous voice vote. Council Member Fahey offered Resolution 13.31.19R as follows, requested passage and a vote thereon. Resolution 13.31.19R RESOLUTION OF THE COMMON COUNCIL DECLARING ITSELF LEAD AGENCY AND ISSUING A NEGATIVE DECLARATION IN ACCORDANCE WITH ARTICLE 8 OF THE ENVIRONMENTAL CONSERVATION LAW (SEQR), AND ITS IMPLEMENTING REGULATIONS REGARDING ORDINANCE 3.12.19; AN ORDINANCE AMENDING CHAPTER 375 (CITY OF ALBANY UNIFIED SUSTAINABLE DEVELOPMENT ORDINANCE) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO SPECIAL FLOOD HAZARD AREAS WHEREAS, Ordinance 3.12.19 was introduced by the City of Albany Common Council on January 24, 2019 which proposed certain amendments to the Special Flood Hazard Area Maps; and WHEREAS, the Common Council is the most involved agency and, as such, is the most appropriate Lead Agency to conduct a review of the plan in accord with SEQR regulations; and WHEREAS, the proposed rezoning was the subject of a Public Hearing held by the Common Council on February 21, 2019 where public comment was received; and WHEREAS, the Common Council received and reviewed a short Environmental Assessment Form, in conjunction with said proposed rezoning; and WHEREAS, the action is subject to the provisions of the State Environmental Quality Review Act (“SEQRA”), as set forth in Environmental Conservation Law Article 8, and its implementing regulations; and WHEREAS, the rezoning is determined to be an Unlisted Action pursuant to SEQR; and WHEREAS the Council has reviewed the EAF to determine the impacts that may be reasonably expected to result from the enactment of Ordinance 3.12.19 against the criteria set forth in SEQRA, 6 NYCRR 617.7(c), as follows: (i) A substantial adverse change in existing air quality, ground or surface water quality or quantity, traffic or noise levels; a substantial increase in solid waste production; a substantial increase in potential for erosion, flooding, leaching or drainage problems. Finding: none. (ii) The removal or destruction of large quantities of vegetation or fauna; substantial interference with the movement of any resident or migratory fish or wildlife species; impacts on a significant habitat area; substantial adverse impacts on a threatened or endangered species of animal or plant, or the habitat of such a species; or other significant adverse impacts to natural resources. Finding: none. (iii) The impairment of the environmental characteristics of a Critical Environmental Area as designated pursuant to section 617.14(g) of this Part; Finding: none. (iv) The creation of a material conflict with a community's current plans or goals as officially approved or adopted; Finding: none. (v) The impairment of the character or quality of important historical, archeological, architectural, or aesthetic resources or of existing community or neighborhood character; Finding: none.  (vi) A major change in the use of either the quantity or type of energy; Finding: none. (vii) The creation of a hazard to human health. Finding: none. (viii) A substantial change in the use, or intensity of use, of land including agricultural, open space or recreational resources, or in its capacity to support existing uses. Finding: none. (ix) The encouraging or attracting of a large number of people to a place or places for more than a few days, compared to the number of people who would come to such place absent the action. Finding: none. (x) The creation of a material demand for other actions that would result in one of the above consequences; Finding: none. (xi) Changes in two or more elements of the environment, no one of which has a significant impact on the environment, but when considered together result in a substantial adverse impact on the environment. Finding: none. (xii) Two or more related actions undertaken, funded or approved by an agency, none of which has or would have a significant impact on the environment, but when considered cumulatively would meet one or more of these criteria. Finding: none. NOW, THEREFORE BE IT RESOLVED, The City Council hereby declares itself lead agency and finds that the enactment of Ordinance 3.12.19 involves an Unlisted Action for SEQR; and BE IT RESOLVED, that after a public hearing and review of the Short EAF against the SEQRA factors as set in the New York State Environmental Conservation Law, and its implementing regulations, the Council hereby determines there is no significant environmental impact to the approval of ordinance 3.12.19; the Council adopts a negative declaration and finds that no Environmental Impact Statement is required under SEQRA. RESOLVED, that this resolution shall take effect immediately. There being no discussion, President Ellis called for a roll call vote thereon and the Resolution was ADOPTED: Affirmative – Anane, Balarin, Conti, Doesschate, Fahey, Farrell, Flynn, Hoey, Igoe, Johnson, Kimbrough, Love, O’Brien, Robinson Affirmative 14 Negative 0 Abstain 0 Council Member Johnson offered Resolution 14.31.19R as follows, requested passage and a vote thereon. Resolution14.31.19R RESOLUTION OF THE COMMON COUNCIL DECLARING ITSELF LEAD AGENCY AND ISSUING A NEGATIVE DECLARATION IN ACCORDANCE WITH ARTICLE 8 OF THE ENVIRONMENTAL CONSERVATION LAW (SEQR), AND ITS IMPLEMENTING REGULATIONS REGARDING ORDINANCE 3.12.19; AN ORDINANCE AMENDING CHAPTER 375 (CITY OF ALBANY UNIFIED SUSTAINABLE DEVELOPMENT ORDINANCE) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO SPECIAL FLOOD HAZARD AREAS) WHEREAS, Ordinance 4.12.19 was introduced by the City of Albany Common Council on January 24, 2019 which proposed certain amendments to the Special Flood Hazard Area Maps; and WHEREAS, the Common Council is the most involved agency and, as such, is the most appropriate Lead Agency to conduct a review of the plan in accord with SEQR regulations; and WHEREAS, the proposed rezoning was the subject of a Public Hearing held by the Common Council on February 21, 2019 where public comment was received; and WHEREAS, the Common Council received and reviewed a short Environmental Assessment Form, in conjunction with said proposed rezoning; and WHEREAS, the action is subject to the provisions of the State Environmental Quality Review Act (“SEQRA”), as set forth in Environmental Conservation Law Article 8, and its implementing regulations; and WHEREAS, the rezoning is determined to be an Unlisted Action pursuant to SEQR; and WHEREAS the Council has reviewed the EAF to determine the impacts that may be reasonably expected to result from the enactment of Ordinance 3.12.19 against the criteria set forth in SEQRA, 6 NYCRR 617.7(c), as follows: (xiii) A substantial adverse change in existing air quality, ground or surface water quality or quantity, traffic or noise levels; a substantial increase in solid waste production; a substantial increase in potential for erosion, flooding, leaching or drainage problems. Finding: none. (xiv) The removal or destruction of large quantities of vegetation or fauna; substantial interference with the movement of any resident or migratory fish or wildlife species; impacts on a significant habitat area; substantial adverse impacts on a threatened or endangered species of animal or plant, or the habitat of such a species; or other significant adverse impacts to natural resources. Finding: none. (xv) The impairment of the environmental characteristics of a Critical Environmental Area as designated pursuant to section 617.14(g) of this Part; Finding: none.  (xvi) The creation of a material conflict with a community's current plans or goals as officially approved or adopted; Finding: none. (xvii) The impairment of the character or quality of important historical, archeological, architectural, or aesthetic resources or of existing community or neighborhood character; Finding: none. (xviii) A major change in the use of either the quantity or type of energy; Finding: none. (xix) The creation of a hazard to human health. Finding: none. (xx) A substantial change in the use, or intensity of use, of land including agricultural, open space or recreational resources, or in its capacity to support existing uses. Finding: none. (xxi) The encouraging or attracting of a large number of people to a place or places for more than a few days, compared to the number of people who would come to such place absent the action. Finding: none. (xxii) The creation of a material demand for other actions that would result in one of the above consequences; Finding: none. (xxiii) Changes in two or more elements of the environment, no one of which has a significant impact on the environment, but when considered together result in a substantial adverse impact on the environment. Finding: none. (xxiv) Two or more related actions undertaken, funded or approved by an agency, none of which has or would have a significant impact on the environment, but when considered cumulatively would meet one or more of these criteria. Finding: none. NOW, THEREFORE BE IT RESOLVED, The City Council hereby declares itself lead agency and finds that the enactment of Ordinance 4.12.19 involves an Unlisted Action for SEQR; and BE IT RESOLVED, that after a public hearing and review of the Short EAF against the SEQRA factors as set in the New York State Environmental Conservation Law, and its implementing regulations, the Council hereby determines there is no significant environmental impact to the approval of ordinance 4.12.19; the Council adopts a negative declaration and finds that no Environmental Impact Statement is required under SEQRA. RESOLVED, that this resolution shall take effect immediately. There being no discussion, President Ellis called for a roll call vote thereon and the Resolution was ADOPTED: Affirmative – Anane, Balarin, Conti, Doesschate, Fahey, Farrell, Flynn, Hoey, Igoe, Johnson, Kimbrough, Love, O’Brien, Robinson Affirmative 14 Negative 0 Abstain 0 Consideration of Ordinances Council Member Fahey noticed Ordinance 3.12.19 (AN ORDINANCE AMENDING CHAPTER 375 (CITY OF ALBANY UNIFIED SUSTAINABLE DEVELOPMENT ORDINANCE) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO SPECIAL FLOOD HAZARD AREAS), which had been previously introduced, asked passage and a roll call vote thereon. There being no 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, Johnson, Kimbrough, Love, O’Brien, Robinson Affirmative 14 Negative 0 Abstain 0 Council Member Johnson noticed Ordinance 4.12.19 (AN ORDINANCE AMENDING CHAPTER 375 OF THE CODE OF THE CITY OF ALBANY (UNIFIED SUSTAINABLE DEVELOPMENT ORDINANCE) CHANGING THE ZONING CLASSIFICATIONS OF 151 & 153 GRAND STREET FROM MU-FS MIXED-USE FORM-BASED SOUTH END (MU-FS) TO LAND CONSERVATION (LC) AND AMENDING THE ZONING MAP ACCORDINGLY), which had been previously introduced, asked passage and a roll call vote thereon. *Ordinance 4.12.19 was co-sponsored by Council Members Conti, Fahey, Farrell, Flynn, and Robinson Council Members Doesschate and Hoey 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, Johnson, Kimbrough, Love, O’Brien, Robinson Affirmative 14 Negative 0 Abstain 0 President Pro Tem Conti held the remaining Ordinances on the pending agenda for further consideration. Consideration of Resolutions Council Member Fahey offered Resolution 15.31.19R as follows, which was held. Resolution 15.31.19R RESOLUTION OF THE COMMON COUNCIL CONFIRMING THE APPOINTMENT OF JORDINE JONES AS A MEMBER OF THE ALBANY PARKING AUTHORITY WHEREAS, the Mayor of the City of Albany has, pursuant to the provisions of Section 1493-c of the Public Authorities Law of the State of New York re-appointed Jordine Jones as a member of the Albany Parking Authority. NOW, THERFORE, BE IT RESOLVED that Jordine Jones be confirmed as a member of the Albany Parking Authority for a five (5) year term of office to expire January 2, 2020. President Pro Tem Conti referred Resolution 15.31.19R to the Planning, Economic Development and Land Use Committee for further consideration. Council Member Fahey offered Resolution 16.31.19R as follows, which was held. Resolution 16.31.19R RESOLUTION OF THE COMMON COUNCIL CONFIRMING THE APPOINTMENT OF JORDINE JONES AS A MEMBER AND CHAIR OF THE ALBANY PARKING AUTHORITY WHEREAS, the Mayor of the City of Albany has, pursuant to the provisions of Section 1493-c of the Public Authorities Law of the State of New York re-appointed Jeff Sperry as a member and Chair of the Albany Parking Authority. NOW, THERFORE, BE IT RESOLVED that Jeff Sperry be confirmed as a member and Chair of the Albany Parking Authority for the remainder of a five (5) year term of office to expire January 2, 2021. President Pro Tem Conti referred Resolution 16.31.19R to the Planning, Economic Development and Land Use Committee for further consideration. Council Member Kimbrough on the behalf of Council Member Applyrs noticed Resolution 8.22.19R (RESOLUTION OF THE COMMON COUNCIL REAPPOINTING MATT INGRAM AS A MEMBER OF THE COMMUNITY POLICE REVIEW BOARD), which had been previously introduced, asked passage and a roll call vote thereon. There being no discussion, President Ellis called for a roll call vote thereon and the Resolution was ADOPTED: Affirmative – Anane, Balarin, Conti, Doesschate, Fahey, Farrell, Flynn, Hoey, Igoe, Johnson, Kimbrough, Love, O’Brien, Robinson Affirmative 14 Negative 0 Abstain 0 Council Member Kimbrough on the behalf of Council Member Applyrs noticed Resolution 9.22.19R (RESOLUTION OF THE COMMON COUNCIL REAPPOINTING VENEILYA HARDEN AS A MEMBER OF THE COMMUNITY POLICE REVIEW BOARD), which had been previously introduced, asked passage and a roll call vote thereon. There being no discussion, President Ellis called for a roll call vote thereon and the Resolution was ADOPTED: Affirmative – Anane, Balarin, Conti, Doesschate, Fahey, Farrell, Flynn, Hoey, Igoe, Johnson, Kimbrough, Love, O’Brien, 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 Council Member Kimbrough offered the following, which was approved by unanimous 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, 2020, AND WAIVE THE READING OF THE NAMES: Dixon, Clifton at Marshall, Lawrence & Michael, 45 Hudson Ave, Albany, NY 12209 Fester, Lisa, 6 Stanwix Street, Albany, NY 12209 Fein, Samuel I., 5 Elm Street, Apt.3, Albany, NY 12202 Robinson, Martin, 40 N. Pearl Street, Albany, NY 12243 The following members made miscellaneous remarks: Council Member Doesschate (Board of Zoning Appeals written decisions) Council Member Hoey (Planning Board hearing) President Pro Tem Conti made a motion to amend the Commissioner of Deeds list to add Council Member Joyce Love. The motion, being duly seconded, was ADOPTED by unanimous voice vote. 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 7:30 pm. Respectfully Submitted Michele Andre Legislative Aide to the Common Council