Common Council Caucus & Regular Meeting

CITY OF ALBANY COMMON COUNCIL MINUTES OF A REGULAR MEETING MONDAY, May 6, 2019 Members Present: Anane, Balarin, Conti, Doesschate, Fahey, Flynn, Hoey, Igoe, Johnson, Kimbrough, Love, and Robinson. Staff Present: Cashawna Burt, Marisa Franchini, Michele Andre, Jared Pellerin The roll being called, the meeting was called to order by President Ellis at 7:31 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). Gene Solan, 16 Prospect Terrace, Albany, NY 12208 (Neighborhood Development) 2). Peter Sheehan, 32 Buckingham Dr., Albany, NY 12208 (563 New Scotland Ave) 3). Margie Sheehan, 32 Buckingham Dr., Albany, NY 12208 (563 New Scotland Ave) 4). Fred Pfeiffer, 124 N. Pine Ave, Albany, NY 12203 (Living Wage Ordinance) 5). Marlon Anderson, 216 Lark Street, Albany, NY (General City Business) 6). Charlene Shafer, 5 Sawyer Place, Albany, NY 12208 (Dept. of Correction & Community Supervision (DOCCS)/ Expansion) 7). Edward Boennan, 389 McCormaccred, Albany, NY 12208 (DOCCS Construction) 8).Suzzanne Waltz, 979 New Scotland Ave, Albany, NY 12208 (DOCCS Construction) The time for Public Comment having expired, President Pro Temp Conti 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. 9). Terry T. Waltz, 1 Fairway Ct, Albany, NY 12208 (DOCCS Construction) 10). Christine Wasik, 1 Cayuga Ct, Albany NY 12208 (DOCCS Construction) 11). Vincent Rigosu, 13 Beach Ave, Albany, NY 12203 (USDO) 12). Nancy R. Benedict, 31 Forest Road, Delmar, NY 12054 (More funding for public access) 13). Dennis Karius, 13 York Road, Albany, NY (Public Access TV) 14). Alana Klein, 29 Glenwood Street, Albany, NY 12208 (Facebook Post) 15). Susan Dubois, 24 Jeanette Street, Albany, NY 12209 (Living Wage Ordinance) 16). Rohau Grant, 10 McPherson Terrace, Albany, NY 12206 (West Hill) There being no further speakers, President Pro Tem Conti 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 April 15, 2019 regular meetings of the Council, which was APPROVED by unanimous voice vote. Consideration of Local Laws Council Member Hoey noticed Local Law B - 2019 as amended (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), which had been previously introduced and requested passage and a vote thereon: * Local Law B - 2019 was co-sponsored by Council Members Anane, Balarin, Conti, Doesschate, Fahey, Flynn and Igoe 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, Flynn, Hoey, Igoe, Johnson, Kimbrough, Love, 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 Public Safety: Council Member Kimbrough on the behalf of Council Member Applyrs reported that the Committee met on April 29, 2019 to develop summer violence prevention plan, and on May 1, 2019 to discuss Police Officer involved First Street incident. The committee will meet on May 22, 2019 to discuss how to enhance the work of CPRB and AC PAC. Consideration of Ordinances Council Member Doesschate noticed the introduction of Ordinance 10.51.19 as follows, which was held for further consideration: ORDINANCE NUMBER 10.51.19 AN ORDINANCE AMENDING CHAPTER 375 OF THE CODE OF THE CITY OF ALBANY (UNIFIED SUSTAINABLE DEVELOPMENT ORDINANCE) IN RELATION TO INCENTIVES FOR DEVELOPERS TO USE ENERGY EFFICIENT AND LOW IMPACT DESIGNS The City of Albany, in Common Council convened, does hereby ordain and enact: Section 1. Paragraph (b) (LOW IMPACT DEVELOPMENT) of subdivision (4)(INCENTIVES) of subsection (A) (DIMENSIONAL STANDARDS) of section 375-4 of Chapter 375 (DEVELOPMENT STANDARDS) of the Code of the City of Albany (Unified Sustainable Development Ordinance) is hereby amended to read as follows (b) LOW IMPACT DEVELOPMENT New development or redevelopment of a site that incorporates a blue (water retaining) roof, or a green (vegetated) roof, or other building or site features that are designed so that off-site flow of the first one inch of rainfall during the first 24 hours after rainfall ends is reduced by at least 50 percent shall receive the following benefits: (i) The project may reduce any required building setback from any zoning district other than a residential zoning district by 20 percent (provided that the required reduction in off-site water flow is still achieved); and (ii) The project may increase the maximum height of any primary building (or part of a primary building) located more than 100 feet from a Residential zoning district other than the R-M Districts by one story. (iii)The Low-Impact Development incentive detailed above shall be suspended and not available for application through 06/30/20. B. The project may increase the maximum height of any primary building (or part of a primary building) located more than 100 feet from a Residential zoning district other than the R-M districts by one story. Section 2. This ordinance shall take effect immediately. President Pro Tem Conti referred Ordinance 10.51.19 to the Planning, Economic Development and Land Use Committee for further consideration. Council Member Igoe on the behalf of Council Member O’Brien moved to amend Ordinance 6.21.19 As Amended as follows, which had been previously introduced and, having been amended asked passage and a roll call vote thereon: Ordinance Number 6.21.19 As Amended 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 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 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 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 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 6. This ordinance shall take effect thirty (30) days after enactment. *Ordinance 6.21.19 As Amended was co-sponsored by Council Member Anane, Balarin, Flynn and Hoey 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, Johnson, Kimbrough, Love, Robinson Affirmative 12 Negative 0 Abstain 0 Council Member Conti moved to amend Ordinance 7.21.19 (MC) As Amended as follows, which had been previously introduced and, having been amended asked passage and a roll call vote thereon: ORDIANCE NUMBER 7.21.19 As Amended 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) In the one hour period prior to the commencement of 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. *Ordinance 7.21.19(MC) As Amended was co-sponsored by Council Member Anane, Balarin, Flynn and Hoey 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, Johnson, Kimbrough, Love, Robinson Affirmative 12 Negative 0 Abstain 0 Council Member Conti moved to amend Ordinance 9.41.19 As Amended as follows, which had been previously introduced and, having been amended asked passage and a roll call vote thereon: ORDINANCE NUMBER 9.41.19 As Amended 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, Common Council, Chief City Auditor, Treasurer, Living Wage Compliance Committee and Chair of the Commission on Human Rights 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. *Ordinance 9.41.19 As Amended was co-sponsored by Council Member Anane, Balarin, Doesschate, Flynn, Hoey, Love and Robinson Council Members Conti, Anane, Hoey and Balarin 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, Flynn, Hoey, Igoe, Johnson, Kimbrough, Love, Robinson Affirmative 12 Negative 0 Abstain 0 President Pro Tem Conti held the Ordinances on the pending agenda for further consideration. Consideration of Resolutions Council Member Johnson offered Resolution 19.51.19R, asked passage and a roll call vote thereon. Resolution Number 19.51.19 A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE THE MASTER CONTRACT AND REQUIRED DEED EASEMENT NECESSARY IN ORDER TO RECEIVE AN AWARD FROM THE NEW YORK STATE OFFICE OF PARKS, RECREATION AND HISTORIC PRESERVATION’S (OPRHP) TITLE 9 OF THE ENVIRONMENTAL PROTECTION ACT OF 1993 GRANT PROGRAM AND TO ACCEPT SUCH FUNDS RESOLVED, that the City of Albany applied for financial assistance from the New York State Office of Parks, Recreation and Historic Preservation (“OPRHP”) under the Title 9 of the Environmental Protection Act of 1993 for the purpose of funding the Lincoln Park Pool Project; RESOLVED, that City of Albany is authorized and directed to accept these grant funds in an amount not to exceed $262,500 for the project described in the grant application; RESOLVED, that City of Albany is authorized and directed to agree to the terms and conditions of the Master Contract with OPRHP for such Lincoln Park Pool Project; RESOLVED, that City of Albany is authorized and directed to agree to the terms and conditions of any required deed of easement granted to OPRHP that affects title to real property owned by the municipality and improved by the grant funds, which may be a duly recorded public access covenant, conservation easement, and/or preservation covenant; and RESOLVED, that the governing body of the municipality hereby authorizes the City of Albany to accept such grant funds for the Lincoln Park Pool Project and hereby delegates signing authority to execute the Master Contract and any required deed of easement to the individual who hold the following elected or appointed municipal office of Mayor. 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, Johnson, Kimbrough, Love and Robinson Affirmative 12 Negative 0 Abstain 0 Council Member Doesschate offered Resolution 20.51.19R, asked passage and a roll call vote thereon. Resolution Number 20.51.19R RESOLUTION OF THE COMMON COUNCIL CONSENTING TO AN ADJUSTMENT IN SALARY FOR CERTAIN POSITIONS FOR THE 2019 BUDGET (Albany Police Officers Union, Local 2841, Law Enforcement Officers Union Council 82, AFSCME, AFL-CIO – Communications)  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 Budget Director has requested amendments to the 2019 budget in order to effectuate a contract with Albany Police Officers Union, Local 2841, Law Enforcement Officers Union Council 82, AFSCME, AFL-CIO – Communications by transferring $104,704 from A.9000.7861 (Retiree health) to A.3120.3020.7000 ($100,012- Salaries) and A.3120.3020.7801 ($4692- Social Security); WHEREAS, the Budget Director has additionally requested amendments to the 2019 budget in order to effectuate a contract with Albany Police Officers Union, Local 2841, Law Enforcement Officers Union Council 82, AFSCME, AFL-CIO – Communications by transferring $104,704 from A.9000.7810 (Retirement) to A.3120.3020.7000 (Salaries- $100,012) and to A.3120.3020.7801 (Social Security - $4692) 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 totals for Albany Police Officers Union, Local 2841, Law Enforcement Officers Union Council 82, AFSCME, AFL-CIO – Communications Council Members Conti, Anane, Hoey and Balarin spoke on the Resolution prior to passage. 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, Johnson, Kimbrough, Love and Robinson Affirmative 12 Negative 0 Abstain 0 President Pro Tem Conti made a motion, which was duly seconded, requesting Majority Consent to add Ordinance 21.51.19R, 22.51.19R and 23.51.19R to the agenda. There being no discussion, the motion was adopted by voice vote. Council Member Anane offered Resolution 21.51.19R, asked passage and a roll call vote thereon. Resolution Number 21.51.19R (MC) RESOLUTION OF THE COMMON COUNCIL PROCLAIMING MAY 2019 AS BIKE MONTH IN THE CITY OF ALBANY WHEREAS, the number of people who rely on bicycling for commuting to work or for recreational activities has increased over the past decade; and  WHEREAS, the growing bicycle friendly road network throughout the City supports a safe and healthy transportation option that is paramount to achieving sustainability and enhancing the quality of life in the City; and WHEREAS, the City of Albany in partnership with League of American Bicyclists, the New York Bicycling Coalition, CDTC's Capital Coexist, the Albany Police Department, and the Albany Bicycling Coalition, have continued to look for opportunities to improve bicycling within the City; and WHEREAS, community organizations such as Capital Roots, among others, have made contributions to these efforts by donating and installing bike racks across the City to encourage larger participation in cycling as a means of transportation; and WHEREAS, these organizations in cooperation with the City have promoted greater public awareness of bicycle operation and safety education in an effort to reduce crashes, injuries and fatalities for all; NOW, THEREFORE, BE IT RESOLVED, that the City of Albany Common Council hereby proclaims May 2019 as Bike Month in the City of Albany, and urges all motorists and bicyclists to follow New York State’s Vehicle and Traffic Law, and share the road respectfully and responsibly. * Resolution 21.51.19R (MC) was co-sponsored by Council Member Anane, Balarin, Conti, Doesschate, Fahey, Flynn, Hoey, Igoe, Johnson, Kimbrough, Love and Robinson Council Members Anane spoke on the resolution prior to passage. 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, Johnson, Kimbrough, Love and Robinson Affirmative 12 Negative 0 Abstain 0 Council Member Robinson offered Resolution 22.51.19R (MC) as follows, which was held for further consideration: RESOLUTION NUMBER 22.51.19R (MC) A RESOLUTION OF THE CITY OF ALBANY’S COMMON COUNCIL CALLING ON THE NEW YORK STATE LEGISLATURE TO PASS THE MARIHUANA REGULATION AND TAXATION ACT AND CALLING ON THE GOVERNOR TO SIGN SUCH LEGISLATION INTO LAW.  WHEREAS, New York Governor Andrew M. Cuomo, in his January 2018 budget address, called for an evaluation of the health, public safety, and economic impact of legalizing marijuana throughout the state; and WHEREAS, there is a growing body of evidence that marijuana has health benefits and is particularly beneficial for the treatment of such things as chronic pain, nausea and epilepsy, among other health conditions; and WHEREAS, in addition to the impact on health, the prohibition of marijuana has had significant impacts on criminal justice; and WHEREAS, over the last twenty years, there have been more than 800,000 arrests for the possession of marijuana and the increase in arrests related to minor instances of marijuana possession has disproportionately impacted communities of color; and WHEREAS, studies show that regulation of marijuana benefits public health by enabling government oversight of the production, labeling, distribution and sale of marijuana; and WHEREAS, as a regulated market, marijuana sales has the potential to bring substantial tax revenue to New York which would allow for greater investment in the overall public health, education, transportation, law enforcement and work force development of our state; and WHEREAS, states such as Colorado, Washington, California, Alaska and Massachusetts have recently legalized the recreational use of marijuana; and WHEREAS, New York State Assembly Bill 1617, introduced by Assembly Member Crystal D. Peoples-Stokes and pending in the New York State Assembly, along with companion Senate Bill 1527, as introduced by State Senator Liz Krueger and pending before the State Senate, seek to legalize, regulate and tax the sale of marijuana in New York State; and WHEREAS, A.1617/S.1527 is also known as the “Marihuana Regulation and Taxation Act”; and WHEREAS, The Marihuana Regulation and Taxation Act would amend several statutes pertaining to the sale, enforcement, and taxation of marijuana including, but not limited to: (i) removing penalties for possession of certain amounts of marijuana; (ii) establishing 21 as the minimum legal age for marijuana possession and consumption; (iii) allowing for home cultivation of up to 6 marijuana plants; (iv) empowering the New York State Liquor Authority to grant licenses for marijuana production, transport, and retail sale; (v) prohibiting the sale of marijuana to individuals under 21 years-of-age; (vi) establishing a tax of marijuana and authorizing localities to charge a sales tax on retail sales; and (vii) directing a portion of the state tax revenue collected to be directed to re-entry programs, substance abuse programs, and job training programs in low-income, high-unemployment communities; and WHEREAS, the Council would encourage the State Legislature to amend its current proposal to provide municipalities greater freedom to regulate the number of plants individuals are permitted to cultivate within their homes, that a portion of the projected tax revenue be earmarked to assist communities experiencing urban blight, and also ensuring that marijuana is not permitted to be grown in household where minors reside; and WHEREAS, The Marihuana Regulation and Taxation Act would help generate much needed state tax revenue, help to greatly reduce the racially disparate marijuana related arrests, and providing funding for community programs to better assist New York State residents; and NOW THEREFORE, BE IT RESOLVED, that the Common Council of the City of Albany hereby calls upon the New York State Legislature to pass the “Marihuana Regulation and Taxation Act” and the Governor to sign this legislation into law, therefore legalizing, regulating and taxing the sale of marijuana in New York State. President Pro Tem Conti referred Resolution 22.51.19R (MC) to the Public Safety Committee for further consideration. Council Member Robinson offered Resolution 23.51.19R (MC) as follows, which was held for further consideration: RESOLUTION NUMBER 23.51.19R (MC) A RESOLUTION OF THE CITY OF ALBANY’S COMMON COUNCIL CALLING ON THE NEW YORK STATE DIVISION OF CRIMINAL JUSTICE SERVICES (DCJS), THE NEW YORK STATE OFFICE OF COURT ADMINISTRATION AND THE ALBANY COUNTY DISTRICT ATTORNEY TO WORK IN UNISON TO EXPUNGE THE RECORDS OF ALL CITY OF ALBANY MISDEMEANOR MARIJUANA CONVICTIONS IN CONTEMPLATION OF THE PASSING OF THE “MARIHUANA REGULATION AND TAXATION ACT” WHEREAS, in recent years, a number of jurisdictions across the United States have sought to correct the war on drugs and collateral consequences of marijuana-related convictions; and WHEREAS, as of December 1, 2018, the Office of the Albany County District Attorney enacted a new policy around low level marijuana cases, choosing to not prosecute simple marijuana possession cases; and WHEREAS, a criminal record can impede a person’s ability to get a job, education, housing and other important services; and WHEREAS, over the last twenty years, there have been more than 800,000 arrests for the possession of marijuana in New York State and the increase in arrests related to minor instances of marijuana possession has disproportionately impacted communities of color; and WHEREAS, the legalized recreational and medical use of marijuana becomes more common across the country, so it is important that we do not forget about those who carry a conviction for conduct that is no longer being prosecuted; and WHEREAS, New York seems poised to soon legalize the use of recreational marijuana across the state, as the “Marihuana Regulation and Taxation Act” sits before the State Legislature; and WHEREAS, New York Governor Andrew M. Cuomo has made the legalizing of adult marijuana use in New York a priority for the 2019 legislative year; and WHEREAS, it should be the priority of our Local and State Government to focus on the health and well-being of people within our community who are stuck in the cycle of the criminal justice system because there is not the necessary social support to address racially biased approaches to the war on drugs; NOW THEREFORE, BE IT RESOLVED, that the Common Council of the City of Albany hereby calls on the coordination of the New York State Division of Criminal Justice Services (DCJS), the New York State Office of Court Administration, and the Albany County District Attorney to begin formulating a plan to expunge the records of all city misdemeanor marijuana convictions in contemplation of the passing of the “Marihuana Regulation and Taxation Act”. President Pro Tem Conti referred Resolution 23.51.19R (MC) to the Public Safety Committee for further consideration. Council Member Doesschate noticed Resolution 17.41.19R (RESOLUTION OF THE COMMON COUNCIL CONSENTING TO AN ADJUSTMENT IN SALARY FOR CERTAIN POSITIONS FOR THE 2019 BUDGET (OFFICE OF ASSESSMENT), which had been previously introduced, asked passage and a roll call vote thereon. 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, Balarin, Conti, Doesschate, Fahey, Flynn, Hoey, Igoe, Johnson, Kimbrough, Love and Robinson Affirmative 12 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: Gillespie, Danielle, City Clerk, 24 Eagle Street, Albany, NY 12207 Speede, Ama, City Clerk’s office, 24 Eagle Street, Albany, NY 12207 Council Member Conti offered the following which was seconded by Council Member Anane: RESOLVED, THAT THE COMMON COUNCIL PROCEED TO ELECT DANIELLE GILLESPIE AS THE CITY CLERK AND CLERK OF THE COMMON COUNCIL. There being no further discussion, President Ellis called for a voice vote thereon and the motion was ADOPTED unanimously. The following members made miscellaneous remarks: Council Member Love (Spoke on public comment regarding street clean) Council Member Robinson (Echoed Councilmember Love comments) Council Member Johnson (Echo Mr. Rigosu public comment) Council Member Igoe (Neighborhood development) Council Member Hoey (563 New Scotland Ave development) Council Member Doesschate (USDO and lack enforcement) Council Member Robinson (Equitable development) Council Member Balarin (Planning Board and development) Council Member Conti (Planning Board and USDO) Council Member Igoe (Power) 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 9:32 pm. Respectfully Submitted Michele Andre Legislative Aide to the Common Council