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Common Council Caucus & Regular Meeting

Regular Meeting

Albany, NY · April 1, 2019

AgendaMinutes

Minutes

CITY OF ALBANY COMMON COUNCIL MINUTES OF A REGULAR MEETING MONDAY, April 1, 2019 Members Present: Anane, Applyrs, Balarin, Conti, Doesschate, Fahey, Flynn, Hoey, Igoe, 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 7:18 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). Betsy Mercogliano, 3 Wilbur Street, Albany, NY (Hens Ordinance) 3). Fred Pfeiffer, 124 N. Pine Ave, Albany, NY 12203 (Ordinance 9.41.19 Living Wage) 4). James Munro, 49 Glendale Ave, Albany, NY 12208 (Ordinance 9.41.19 Living Wage) 5). Peter Warren, 881 Warren Street, Albany, NY 12203 (Ordinance 9.41.19 & Broadband) 6). Steve & Mery Sokal, 36 Tudor Rd, Albany, NY 12203 (1211 Western Ave) 7). Vincent Rigosu, 13 Beach Ave, Albany, NY 12203 (Ordinance 32.62.18) 8). Alana Klein, 29 Glenwood Street, Albany, NY 12208 (Universal Healthcare) 9). Charles “Obar” Robinson, 404 Livingston Ave, Albany, NY (Everything) 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 Planning, Economic Development and Land Use: Council Member Fahey reported that the committee met on March 20, 2019 to review Resolution 15.31.19R (confirming Jordine Jones as a member of the Parking Authority) which was moved out of the committee for Council consideration. Consideration of Ordinances Council Member Conti, Fahey and Hoey offered Ordinance 9.41.19 as follows, which was held for further consideration: ORDINANCE NUMBER 9.41.19 AN ORDINANCE AMENDING ARTICLE XX (GENERAL PROVISIONS) OF CHAPTER 42 (DEPARTMENTS AND COMMISSIONS) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO THE SETTING OF A LIVING WAGE STANDARD FOR COVERED EMPLOYEES WORKING ON A SERVICE CONTRACT IN THE CITY OF ALBANY AND TO SET REPORTING REQUIREMENTS THEREOF The City of Albany, in Common Council convened, does hereby ordain and enact: Section 1. Subsection C and F of section 42-161 (Living Wage) of the Code of the City of Albany are amended to read as follows: C. Living wage. (1) Covered employers shall pay no less than a living wage to their covered employees, which, for covered employees working on a service contract, shall be for the time directly expended on the service contract. The employer shall also provide covered employees with paid federal holidays. (2) The living wage shall be calculated on an hourly basis as paying on the effective date of this section $10.25 to covered employees if the employer provides at least 70% of the cost of health care benefits and $11.91 for other covered employees. The amount of the living wage shall be increased annually to reflect inflation as captured by the unadjusted consumer price index for all urban consumers (CPI-U), United States city average, as published by the Bureau of Labor statistics of the United States Department of Labor. The first indexing adjustment shall occur July 1, 2006, in proportion to the increase of the United States city average of the CPI-U at the immediately preceding April 30 over the year earlier April 30, and shall be adjusted every July 1 thereafter. The Commissioner of Administrative Services shall determine the amount of annual increases which shall be publicly posted and kept on file within the Office of City Clerk. (3) This section shall be reviewed and evaluated two years after adoption in order to evaluate the effectiveness of the legislation in terms of its policy goals, and monitoring and enforcement procedures. The amount of the living wage shall be increased annually to reflect inflation as captured by the unadjusted consumer price index for all urban consumers (CPI U), United States city average; as published by the Bureau of Labor statistics of the United States Department of Labor. The first indexing adjustment shall occur July 1, 2006, in proportion to the increase of the United States city average of the CPI U at the immediately preceding April 30 over the year earlier April 30, and shall be adjusted every July 1 thereafter. (4) Nothing in this section shall require or authorize any covered employer to reduce wages or work hours of any covered employee, and a covered employer shall not reduce wages or work hours as a result of coverage by this section, and this section shall not be construed so as to reduce wages required under any prevailing wage law. F. Compliance committee. A Living Wage Compliance Committee shall consist of five members who shall be appointed by the Mayor with the advice and consent of the Common Council and who shall serve at the pleasure of the Mayor. Such members may include representatives of organized labor, covered employers, and other groups interested in wages and working conditions. The Chair of the Common Council standing committee having jurisdiction over human resources shall serve as an ex-offcio member of the Committee. The Living Wage Compliance Committee shall meet at least once quarterly. The Committee shall conduct and submit an annual review of the law and make recommendations for changes if so warranted to the Mayor and Common Council. Section 2. Section 42-161 (Living Wage) of the Code of the City of Albany is amended to add a new subsection G (Quarterly Reports) which shall read as follows: G. Quarterly Reports. The Commissioner of Administrative Services on a quarterly basis shall report to the Mayor the Common Council and the Living Wage Compliance Committee on the number of service contracts entered into containing a living wage clause and a summary of the terms thereof. Section 3. This ordinance shall take effect immediately. President Pro Tem Conti referred Ordinance 9.41.19 to the Human Resources and Human Rights Committee for further consideration. President Pro Tem Conti held the remaining Ordinances on the pending agenda for further consideration. Consideration of Resolutions Council Member Fahey noticed Resolution 15.31.19 As Amended, asked passage and a roll call vote thereon. Resolution Number 15.31.19R As Amended 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 appointed Jordine Jones as a member of the Albany Parking Authority. NOW, THEREFORE, 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. * Resolution 15.31.19 As Amended was co-sponsored by Council Members Anane, Balarin and Applyrs. 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, Applyrs, Balarin, Conti, Doesschate, Fahey, Flynn, Hoey, Igoe, Kimbrough, Love, O’Brien, Robinson Affirmative 13 Negative 0 Abstain 0 President Pro Tem Conti held the remaining Resolutions on the pending agenda for further consideration. Miscellaneous or Unfinished Business There was no miscellaneous or unfinished business. 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 7:59 pm. Respectfully Submitted Michele Andre Legislative Aide to the Common Council

Agenda

AGENDA OF THE ALBANY COMMON COUNCIL Monday, April 1, 2019 THE COMMON COUNCIL MEETS THE FIRST AND THIRD MONDAY OF EACH MONTH AT 7:00 P.M. IN THE COMMON COUNCIL CHAMBERS (NOTE: WHEN MONDAY FALLS ON A LEGAL HOLIDAY OR DAY OF SPECIAL OBSERVANCE, THE COUNCIL MEETING IS ORDINARILY MOVED TO THE FOLLOWING THURSDAY). ORDER OF BUSINESS: Roll Call Welcome Pledge of Allegiance Moment of Silence Public Hearings Public Comment Period (30 Minutes) Approval of Minutes from Previous Meeting Consideration of Local Laws Communications from the Mayor, Department Heads and other City officials Consideration of Vetoes Presentation of Petitions and Communications Reports of Standing Committees Reports of Ad Hoc Committees Consideration of Ordinances Consideration of Resolutions Additional Public Comment (30 minutes) Miscellaneous or Unfinished Business Adjournment LOCAL LAWS HELD 1. Anane LOCAL LAW G - 2018 A LOCAL LAW AMENDING CHAPTER 42 (DEPARTMENTS AND COMMISSIONS) OF THE CODE OF THE CITY OF ALBANY BY ADDING A NEW PART 39 ENTITLED“ CITY OF ALBANY COMMISSION ON MUNICIPAL INTERNET SERVICE ” AND PROVIDING FOR THE RESPONSIBILITIES OF THE COMMISSION WITH RESPECT TO RESEARCHING THE LOGISTICS AND FINANCING OF A CITY OWNED HIGH SPEED INTERNET SERVICE. AND REQUIRING THE COMMISSION TO MAKE FINDINGS AND RECOMMENDATIONS TO THE MAYOR AND THE COMMON COUNCIL REGARDING THE CREATION OF SUCH INFRASTRUCTURE *Referred to Planning, Economic Development and Land Use 2. Hoey LOCAL LAW B-2019 A LOCAL LAW ADDING A NEW SECTION 34-2 (PUBLIC NOTICE OF MEETINGS OF BOARDS, COMMISSIONS AND COMMITTEES) OF CHAPTER 34 (MEETINGS) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO THE NOTICING OF A MEETING OF A PUBLIC BODY *Referred to Council Operations and Ethics INTRODUCED ORDINANCES 9.41.19 AN ORDINANCE AMENDING ARTICLE XX (GENERAL PROVISIONS) OF CHAPTER 42 (DEPARTMENTS AND COMMISSIONS) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO THE SETTING OF A LIVING WAGE STANDARD FOR COVERED EMPLOYEES WORKING ON A SERVICE CONTRACT IN THE CITY OF ALBANY AND TO SET REPORTING REQUIREMENTS THEREOF ORDINANCES HELD 1. Fahey Ordinance Number 32.62.18 AN ORDINANCE AMENDING PARAGRAPH B (PERMITTED USE TABLE) AND PARAGRAPH C (USE-SPECIFIC STANDARDS) OF PART 3 (USE REGULATIONS) OF CHAPTER 375 (UNIFIED SUSTAINABLE DEVELOPMENT) AND PART 6 (DEFINITIONS AND RULES OF CONSTRUCTION) OF CHAPTER 375 (UNIFIED SUSTAINABLE DEVELOPMENT) OF CODE THE CITY OF ALBANY IN RELATION TO THE OPERATION OF METHADONE DISPENSARIES *Referred to Planning, Economic Development and Land Use 2. Fahey Ordinance Number 33.91.18 AN ORDINANCE AMENDING PARAGRAPH B (PERMITTED USE TABLE) AND PARAGRAPH C (USE-SPECIFIC STANDARDS) OF PART 3 (USE REGULATIONS) OF CHAPTER 375 (UNIFIED SUSTAINABLE DEVELOPMENT) AND PART 6 (DEFINITIONS AND RULES OF CONSTRUCTION) OF CHAPTER 375 (UNIFIED SUSTAINABLE DEVELOPMENT) OF CODE OF THE CITY OF ALBANY IN RELATION TO THE OPERATION OF BLOOD PLASMA CENTERS *Referred to Planning, Economic Development and Land Use 3. Anane Ordinance Number 34.101.18 AN ORDINANCE AMENDING CHAPTER 359 (VEHICLES AND TRAFFIC OF THE CODE OF THE CITY OF ALBANY” IN RELATION TO SPECIAL EVENT PARKING *Referred to Law, Buildings and Code Enforcement 4. Conti Ordinance Number 42.112.18 AN ORDINANCE AMENDING CHAPTER 375 (CITY OF ALBANY UNIFIED SUSTAINABLE DEVELOPMENT ORDINANCE) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO NEW CONSTRUCTION IN R-T TOWNHOUSE DISTRICTS *Referred to Planning, Economic Development and Land Use 5. Conti & Anane Ordinance Number 2.12.19 AN ORDINANCE AMENDING ARTICLE II (TRAFFIC REGULATIONS) OF CHAPTER 359 (VEHICLE AND TRAFFIC) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO MARKINGS FOR FIRE HYDRANTS *Referred to Law, Buildings and Code Enforcement 6. O’Brien 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*Referred to Law, Buildings and Code Enforcement 7. Conti Ordinance 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*Referred to Law, Buildings and Code Enforcement 8. Hoey, Doesschate & Anane Ordinance Number 8.32.19 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*Referred to Law, Buildings and Code Enforcement RESOLUTIONS HELD 1. Fahey Resolution Number 39.61.18R RESOLUTION OF THE COMMON COUNCIL IN SUPPORT OF PARTICIPATION IN THE CAPITAL REGION COMMUNITY CHOICE AGGREGATION PROGRAM TO NEGOTIATE AND ENTER INTO ENERGY SUPPLY CONTRACTS WITH ENERGY SERVICE COMPANIES *Referred to Planning, Economic Development and Land Use 2. Anane Resolution Number 46.62.18R (MC) A RESOLUTION OF THE ALBANY COMMON COUNCIL IN SUPPORT OF THE CITY OF ALBANY WAIVING FEES AGAINST THE NEW YORK STATE POOR PEOPLE’S CAMPAIGN *Referred to Public Safety 3. Applyrs Resolution Number 86.102.18R (MC) RESOLUTION OF THE COMMON COUNCIL DECLARING ITS INTENT TO ENACT AN EQUITY AGENDA IN THE CITY OF ALBANY TO ADDRESS THE IMPACT OF INSTITUTIONAL AND SYSTEMATIC RACISM AND DISCRIMINATION *Referred to Council Operations and Ethics 4. Fahey Resolution Number 15.31.19R RESOLUTION OF THE COMMON COUNCIL CONFIRMING THE APPOINTMENT OF JORDINE JONES AS A MEMBER OF THE ALBANY PARKING AUTHORITY *Referred to Planning, Economic Development and Land Use 5. Fahey Resolution Number 16.31.19R RESOLUTION OF THE COMMON COUNCIL CONFIRMING THE APPOINTMENT OF JEFF SPERRY AS A MEMBER AND CHAIR OF THE ALBANY PARKING AUTHORITY *Referred to Planning, Economic Development and Land Use

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