Common Council Caucus & Regular Meeting

CITY OF ALBANY COMMON COUNCIL MINUTES OF A REGULAR MEETING MONDAY, April 15, 2019 Members Present: Anane, Applyrs, Conti, Doesschate, Fahey, Farrell, Hoey, Igoe, Johnson, Kimbrough, Love, O’Brien. Staff Present: Cashawna Burt, Marisa Franchini, Michele Andre, Jared Pellerin The roll being called, the meeting was called to order by President Pro Tem Conti 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). Janet Dwyer Stutzman, 22 Euclid Ave, Albany, NY 12208 (Planning Board) 3). Gene Solan, 16 Prospect Terrace, Albany, NY 12208 (Neighborhood Planning and Development) 4). Alana Klein, 29 Glenwood Street, Albany, NY 12208 (APOU Facebook Comment) 5). Vincent Rigosu, 13 Beach Ave, Albany, NY 12203 (USDO) 6). Dennis Karius, 13 York Road, Albany, NY (Freedom of Speech & Press) The time for Public Comment having expired, Majority Leader Kimbrough made a motion, which was duly seconded, to extend the Public Comment Period by an additional 30 minutes. There being no discussion, motion was ADOPTED by unanimous voice vote. 7). Mark Mishler, 58 S. Manning Blvd, Albany, NY 12203(First Street Incident) 8). Debra Johnson, 200 Adam Street, Delmar, NY (Safety of Albany Resident) 9). Charles “Obar” Robinson, 404 Livingston Ave, Albany, NY (Everything that’s not right) There being no further speakers, President Pro Tem Conti declared the Public Comment Period closed. Approval of Minutes Majority Leader Kimbrough made a motion, which was duly seconded, to approve the minutes of March 18, 2019 and April 1, 2019 regular meetings of the Council, which was APPROVED by unanimous voice vote. Consideration of Local Laws Majority Leader Kimbrough held the local laws on the pending agenda. Reports of Standing and Ad Hoc Committees Public Safety: Council Member Applyrs reported upcoming meetings; April 29, 2019 – develop summer violence prevention plan, May 8, 2019* – Police Officer involved First Street incident and May 22, 2019* – discuss how to enhance the work of CPRB and ACPAC. *Please note that May 8, 2019 meeting has been rescheduled to May 1, 2019 and May 22, 2019 meeting has been rescheduled to June 5, 2019. Planning, Economic Development and Land Use: Council Member Fahey reported the Committee met on April 10, 2019 to review Resolution 16.31.19R (confirming re-appointment of Jerry Sperry as a member of the Parking Authority) which was moved out of the committee for Council consideration. The Committee will meet on April 25, 2019 to review Ordinance 32.62.18 - Operation of Methadone Clinics. Housing and Community Development: Council Member Kimbrough reported that the Committee met on April 11, 2019 to discuss Year 45 funding for CDBG/HOME/ESG awards. Human Rights and Human Resources: Council Member Kimbrough reported that the Committee will meet on April 23, 2019 to review Ordinance 9.41.19 (living wage ordinance). Law, Buildings and Code Enforcement: Council Member Igoe reported that the Committee will meet on April 17, 2019 to review Ordinance 2.12.18 - marking of fire hydrants, Ordinance 6.12.19 - allow Department of General Services to continue to assess penalties administratively and Ordinance 7.21.19 - parking during a declared snow emergency. Council Operations and Ethics: President Pro Tem Conti reported that the Committee will meet on April 16, 2019 to review Local Law B (proper notice and the posting thereof of a meeting of a public body within the City of Albany). Consideration of Ordinances Majority Leader Kimbrough held the Ordinances on the pending agenda for further consideration. Consideration of Resolutions Council Member Doesschate offered Resolution 17.42.19R as follows, which was held for further consideration: Resolution Number 17.42.19R RESOLUTION OF THE COMMON COUNCIL CONSENTING TO AN ADJUSTMENT IN SALARY FOR CERTAIN POSITIONS FOR THE 2019 BUDGET (OFFICE OF ASSESSMENT) 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 Assessor has requested amendments to the 2019 budget to change the title and salary of the position of Data Entry Operator (salary - $31,869) to Appraiser (salary - $43,505) by transferring $11,636 from A.1355.7440 (Contracted Services) to A.1355.7000 (Salaries) and $890 from A.1355.7440 (Contracted Services) to A.1355.7801 (Social Security).  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 total and title of one position in the Office of the Assessor. Council Member Anane offered Resolution 18.42.19R, asked passage and a roll call vote thereon. Resolution Number 18.42.19R RESOLUTION OF THE COMMON COUNCIL DECLARING APRIL 22, 2019 TO BE EARTH DAY IN THE CITY OF ALBANY WHEREAS, The Common Council of the City of Albany hereby declares April 22, 2019 to be Earth Day in the City of Albany, New York; and WHEREAS, Earth Day was first celebrated on April 22, 1970 when United States Senator Gaylord Nelson called on the people of the United States to hold elected officials accountable for failing to adequately protect the natural environment; and WHEREAS, after witnessing years of environmental neglect and mistreatment, Americans have gathered in cities across the nation on April 22nd to demand basic protections for our planet and have made a commitment to leave behind a healthier, more vibrant world for generations to come; and WHEREAS Earth Day has spurred legislative and grassroots activity aimed at changing the way we interact with the environment, including the creation of the Environmental Protection Agency and the passage of the Clean Water Act, the Clean Air Act, as well as the Endangered Species Act; and WHEREAS, Earth Day serves as a reminder for people to engage in projects and initiatives to protect and restore the planet by doing such things as planting trees, removing litter, cleaning up local parks, conserving water and energy, along with other environmentally responsible actions; and WHEREAS, new and continuing challenges, including climate change, polluted oceans and waterways, loss of forest, wetlands, and other wildlife habitats, reinforce the need for adequate protections for the air we breathe, the water we drink, the land we inhabit as well as the animals we coexist with; and WHEREAS, Earth Day serves to reaffirm our personal responsibility as citizens of the Earth to partake in a global effort to combat climate change and protect our plant; and WHEREAS, Earth Day encourages a need for greater environmental and climate literacy to not only strengthen environmental and climate protections but to also accelerate the development of green technologies and the creation of green jobs; and NOW, THEREFORE BE IT RESOLVED, That the Common Council of the City of Albany, renews its commitment to reduce waste, increase the use of green technologies throughout the City and ensure that the environmental impact of legislative action is always a top concern and priority; and BE IT FURTHER RESOLVED, That the Albany Common Council hereby declares April 22, 2019 to be Earth Day in the City of Albany and calls upon the citizens of this great city to engage in environmentally responsible behaviors on a daily basis. * Resolution 18.42.19R was co-sponsored by Council Members Anane, Applyrs, Balarin, Conti, Doesschate, Fahey, Farrell, Flynn, Hoey, Igoe, Johnson, Kimbrough, Love, O’Brien and Robinson. Council Member Anane spoke on the resolution prior to the vote. There being no further discussion, President Pro Tem Conti 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, Conti, Doesschate, Fahey, Farrell, Hoey, Igoe, Johnson, Kimbrough, Love, and O’Brien Affirmative 13 Negative 0 Abstain 0 Council Member Fahey noticed Resolution 16.31.19R (RESOLUTION OF THE COMMON COUNCIL CONFIRMING THE APPOINTMENT OF JEFF SPERRY AS A MEMBER AND CHAIR OF THE ALBANY PARKING AUTHORITY), which had been previously introduced, asked passage and a roll call vote thereon. * Resolution 16.31.19 was co-sponsored by Council Members Anane and Igoe. There being no discussion, President Pro Tem Conti 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, Conti, Doesschate, Fahey, Farrell, Hoey, Igoe, Johnson, Kimbrough, Love, and O’Brien Affirmative 13 Negative 0 Abstain 0 Majority Leader Kimbrough 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: Boxhoorn, Wilhelmina, Albany County Public Defender Office, 60 S. Pearl Street, Albany, NY 12207 McCoy, Kimberly, Albany County Public Defender Office, 60 S. Pearl Street, Albany, NY 12207 Salerno, Anthony, Albany County Public Defender Office, 60 S. Pearl Street, Albany, NY 12207 Terrell, Eugene, Albany City Clerk’s Office, 24 Eagle Street, Albany, NY 12207 The following members made miscellaneous remarks: Council Member Dorcey (Absent Council Members and Council Member Robinson’s work regarding First Street incident) Council Member Doesschate (Echoed comments made during Publoc Comment Period regarding 563 New Scotland Ave and shared Council Member Hoey concerns on 1211 Western Ave) Council Member Johnson (Echoed Council Member Doesschate’s comments on Planning and Zoning and City employee comments on First Street and Ordinance 8.32.19) Council Member Anane (Common Member Johnson’s upstate New York Basketball Hall of Fame induction) Council Member Hoey (Planning Board actions) Adjournment There being no further business, Majority Leader Kimbrough made a motion to adjourn, which was duly seconded and adopted by unanimous voice vote. President Pro Tem Conti declared the meeting adjourned at approximately 8:17 pm. Respectfully Submitted Michele Andre Legislative Aide to the Common Council