Common Council Caucus & Regular Meeting

CITY OF ALBANY COMMON COUNCIL MINUTES OF A REGULAR MEETING MONDAY, March 18, 2019 Members Present: Anane, Balarin, Conti, Doesschate, Fahey, Farrell, Flynn, Hoey, Igoe, Johnson, Kimbrough, Love, 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 Comment Period The following members of the public spoke: 1). Marlon Anderson, 216 Lark Street, Albany, NY (State of the City) 2). Darryl McGrath, 6 Irving Street, Albany, NY 12202 (Backyard Hens) 3). Nancy Benedict, 31 Forest Street, Delmar, NY 12054 (Ordinance 2.12.19) 4). Vincent Rigosu, 13 Beach Ave, Albany, NY 12203 (1211 Western Avenue) 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 January 24, February 21 and March 4, 2019 regular meetings of the Council, which was APPROVED by unanimous voice vote. Consideration of Local Laws President Pro Tem Conti held the local laws on the pending agenda. Reports of Standing and Ad Hoc Committees There were no reports of standing committees. Consideration of Ordinances Council Member Hoey, Doesschate and Anane offered Ordinance 8.32.19R as follows, which was held for further consideration: ORDINANCE NUMBER 8.31.19 AN ORDINANCE AMENDING ARTICLE VIII (FARM ANIMALS) OF CHAPTER 115 (ANIMALS) OF THE CODE OF THE CITY OF ALBANY TO AUTHORIZE AND PERMIT THE KEEPING OF HENS The City of Albany, in Common Council convened, does hereby ordain and enact:  Section 1. Section 115-30 of Chapter 115 of the Code of the City of Albany is hereby amended to read as follows: § 115-30. Purpose. The purpose of this article is to protect the residents of the City of Albany from nuisance by animals usually known as farm animals or fowl. The keeping or harboring of farm animals within the City of Albany is incompatible with urban life to regulate the conditions for the keeping of “farm animals or fowl” so as to protect the residents of the City of Albany from nuisance and to maintain compatibility with urban life. Section 2. Section 115-31 of Chapter 115 of the Code of the City of Albany is hereby amended to read as follows: § 115-31. Keeping of farm animals or fowl prohibited. It shall be unlawful for anyNo person except as provided herein, to shall keep or maintain, harbor, or shelter any farm animal or fowl within the City of Albany. For purposes of this article, farm animal or fowl shall include cows, cattle, horses, ponies, donkeys, mules, pigs, goats, sheep, chickens, roosters, ducks, geese, or other animals or fowl usually known as "farm animals" but not solely limited to the aforementioned and not including common household pets. Section 3. Section 115-32 and 115-33 of Chapter 115 of the Code of the City of Albany are hereby re-numbered as Section 115-35 and 115-36 and new Sections 115-32, 115-33 and 115-34 are added to read as follows: §115-32. Keeping of Hens The owner or primary occupant of any dwelling may be permitted to be keep on the lot containing the dwelling, one (1) hen per eight hundred (800) square feet of total lot area exclusive of buildings, with a maximum of eight (8) hens on any lot, provided that: A. No person shall keep any rooster (male chicken); B. The hens shall be provided with a clean, covered, well-ventilated enclosure that is secure from predators and is cleaned regularly to prevent the accumulation of animal waste, feathers, and uneaten food; C. The hens must be kept in the covered enclosure or within a fenced area at all times; D. No enclosure for the hens shall be located closer than 15 feet to an occupied residential dwelling on an adjoining lot, 10 feet to a side yard line and five feet to a rear lot line; E. No part of the enclosure or coop for hens shall be located in front of the front wall plane of a building or side wall plane of a building facing a street. F. Hens shall be fed only from a trough or appropriate container. Scattering of food on the ground is prohibited. Any feed not in use shall be kept in a sealed rat proof container; G. The person shall obtain a permit from the City Clerk and maintain a facility for keeping hens in compliance with the issuance criteria; H. No hens may be raised for slaughter or slaughtered on site; I. All hens are subject to the nuisance provisions set forth in Chapter 255 of the Code of the City of Albany; and J. Any person who keeps hens under this section shall comply with all City and New York State laws, ordinances, and regulations regarding care, shelter, sanitation, health, noise, cruelty, neglect, reasonable control, and any other requirements pertaining to the adequate care and control of animals in the City. Sec. 115-33 Hen License Application A. The application for such license shall include the following information: 1. The name, phone number and property address of the applicant and the property owner, if different; 2. The location of the subject property; 3. The size of the subject property, exclusive of all buildings; 4. The number of hens the applicant seeks to keep on the property; 5. A description of any coops or cages that will house the hens, together with a description of any fencing, barriers or enclosures surrounding the boundaries of the property; 6. A scaled drawing showing the precise location of cages, coops, enclosures, fences and barriers in relation to property lines and to structures on adjacent properties; 7. A signed statement from the property owner, if the applicant is not the property owner, granting the applicant permission to engage in the keeping of hens as described in the license application; B. The license for keeping of hens within the City of Albany shall be obtained from the Office of the City Clerk at a fee of $25 dollars annually, and such license may only be acquired after inspection and approval of the coop or cage intended to house hens by an Animal Control Officer; C. Upon receipt of a hen license application and the requisite license fee, the City Clerk shall immediately notify the Department of Buildings and Regulatory Compliance of said application, including the number of hens sought to be licensed and the location of proposed coop or cages. The applicant shall schedule a site visit with the Department of Buildings and Regulatory Compliance to inspect the property within 30 days of application. The Department of Buildings and Regulatory Compliance shall provide the City Clerk and Applicant with sign off on the requisite coop or cages or notice of deficiencies found; D. If the City Clerk receives no written comments from the Department of Buildings and Regulatory Compliance evidencing opposition to or concern regarding the proposed hen coop within 20 days of receipt of the application and inspection, he or she shall issue a license for up to eight hens to the applicant that shall be nontransferable , shall include a unique license number, an expiration date and shall be valid for one year from the date of a satisfactory inspection by an Animal Control Officer; E. No more than one license may be issued for each parcel of property. F. A license may be renewed annually pursuant to the provisions hereof and the applicant may continue to keep hens pursuant to the terms and conditions set forth herein and  imposed in the initial license, provided that he or she pays the annual fee of $25 dollars on or before the expiration date of the license. Sec. 115-34. Unsanitary Facilities and revocation of permit. A. All facilities for keeping hens shall be open at all times for inspection by an Animal Control Officer, the Director of Buildings and Codes or an agent thereof. If an inspection reveals that any provision in this Chapter is violated, the Director of Buildings and Codes shall give written notice to the keeper of the hens, specifying the violation and requiring that the violation be corrected within 48 hours, or within such reasonable time period as determined by the Director of Buildings and Codes or an agent thereof and as set forth in written correspondence. If the violation is not corrected within the period specified, the City Clerk may revoke the specified animal facility permit. B. The City Clerk may revoke any permit upon determining, in conjunction with the City’s Department of Buildings and Regulatory Compliance, that the facility for keeping hens no longer meets the conditions required for the issuance of a permit or that the permit was issued upon fraudulent or untrue representations or that the person holding the permit has violated any of the foregoing provisions. Section 4. This ordinance shall take effect on the 30th day after it shall become a law. President Pro Tem Conti referred Ordinance 8.32.19 to the Law, Buildings and Code Enforcement Committee for further consideration. President Pro Tem Conti WITHDREW Ordinance 41.112.18 (AN ORDINANCE AMENDING CHAPTER 375 (UNIFIED SUSTAINABLE DEVELOPMENT ORDINANCE) OF THE CODE OF THE CITY OF ALBANY BY ADDING THERETO “ARTISAN MANUFACTURING” AS A CONDITIONAL USE IN MU-NE ZONING DISTRICTS), which had been previously introduced. President Pro Tem Conti held the remaining Ordinances on the pending agenda for further consideration. Consideration of Resolutions President Pro Tem Conti held the 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: Chapman, Norma, 404 First Street, Albany, NY 12206 Joyce, Raymond F, 54 Manning Blvd, Albany, NY 12203 Mazza, Judith A., 3 Sand Street, Apt.3, Albany, NY 12209 The following members made miscellaneous remarks: Council Member Conti (Congratulates Council Igoe on his new grandson) 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 7:24 pm. Respectfully Submitted Michele Andre Legislative Aide to the Common Council