Common Council Caucus & Regular Meeting

CITY OF ALBANY COMMON COUNCIL MINUTES OF A REGULAR MEETING ANNUAL YOUTH IN GOVERNMENT NIGHT MONDAY, May 20, 2019 Members Present: Anane, Applyrs, Balarin, Conti, Doesschate, Fahey, Farrell, Flynn, Hoey, Igoe, Johnson, Kimbrough, Love, O’Brien, Robinson, and Council President Ellis Staff Present: Danielle Gillespie, Sarah Valis, 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. Council President Ellis recognized the students participating in the evening's “Youth in Government Night” meeting and invited them to introduce themselves. The following students were present: This being “Youth in Government Night” President Ellis welcomed the high school students who were participating in the evening’s meeting and who were assigned to various Council Members for the night. The following students introduced themselves prior to the start of the Public Com- ment Period: Zahraa Adulrazak Adam Aleksic Pryanka Ayahao Kevon Burke Elijah Gipson Justin Hartfield Kareem Leslie Noah Levin Nancy Lundberg Paris Lyons Jermaine Moore Amijahna Nugent Natalie Penna Eshe Phillips Themba Pieterse Daniel Pollydore Danielle Pottinger George Edwin Pounds Quinn Urich Public Comment Period The following members of the public spoke: 1). Lisa Hayman, 77 Columbia Street, Albany, NY (Parking Permit) 2). Laura Felts, 143 Eagle Street, Albany, NY (Resolution 31.52.19R MC) 3). Taffrey Wallace, 84 Denise Drive, Latham, NY 12210 (Resolution 31.52.19R MC) 4). Roger Markovics, 38 Myrtle Avenue, Albany, NY 12202 (Tenant’s rights) 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 will meet on March 29, 2019 to review Ordinance 32.62.18 As Amended (Operation of Methadone Dispensaries). Law, Buildings and Code Enforcement: Council Member Igoe reported that the committee met on Thursday, May 16, 2019 to review Ordinance 8.31.19 As Amended (Permit the keeping of hens). The ordinance was held for further research and discussion. Public Safety: Council Member Applyrs reported that the committee will meet on June 3, 2019 at 5:30PM to review Resolution 22.51.19R (MC) and Resolution 23.51.19R (MC), June 5, 2019 at 6PM to discuss how to enhance CPRB and AC PAC and June 10, 2019 at 6PM to solicit community input regarding the use of fireworks. Housing and Community Development: Council Member Kimbrough reported that the committee will meet on May 30, 2019 to review Resolution 31.52.19 (rent control and reasonable eviction). The joint public hearing of the committee and City of Albany Housing and Community Development Agency (ADCA) to announce the Year 45 CDBG/HOME/ESG preliminary awards. Consideration of Ordinances President Pro Tem Conti held the Ordinances on the pending agenda for further consideration. Consideration of Resolutions Council Member Anane noticed Resolution 24.52.19, asked passage and a roll call vote thereon. RESOLUTION NUMBER 24.52.19R RESOLUTION OF THE COMMON COUNCIL IN SUPPORT OF THE CITY OF ALBANY WAIVING THE CIVIL SERVICE EXAM FEES FOR RECENT HIGH SCHOOL GRADUATES WHO RESIDE WITHIN THE CITY OF ALBANY WHEREAS, by waving the fee for recent high school graduates we can encourage those who choose to enter the work force after graduation to apply for employment with the City of Albany; and WHEREAS, there are many bright and talented young minds here in the City of Albany, and we want to encourage that talent to remain here; and WHEREAS, attending college directly after high school is not for everyone, and for others, they may need some time away from their studies before returning to a full course load; and WHEREAS, entering the work force can have its own benefits as it can expose you to a wide range of people and ideas, and it can foster a sense of independence while also instilling important values like responsibility and perseverance; and WHEREAS, by waving the exam fee for recent high school graduates, we are removing an economic barrier that may have prevented an individual from pursuing a job opportunity that they are both interested in and qualified for; and WHEREAS, on May 1, 2019, the Civil Service Commission voted unanimously to grant civil service exam fee waivers to recent high school graduates who reside within the City of Albany; NOW, THEREFORE, BE IT RESOLVED, that the Common Council of the City of Albany does hereby express its support of waiving the civil service exam fees for recent high school graduates who reside within the City of Albany and hopes to see high school graduates pursing the opportunity to take civil service exams for employment. * Resolution Number 24.52.19R was co-sponsored by Council Members Anane, Applyrs, Balarin, Conti, Doesschate, Fahey, Farrell, Flynn, Hoey, Igoe, Johnson, Kimbrough, Love, O’Brien and Robinson * Council Anane spoke on the Resolution prior to passage. 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, Farrell, Flynn, Hoey, Igoe, Johnson, Kimbrough, Love, O’Brien and Robinson Affirmative 15 Negative 0 Abstain 0 Council Member Anane offered Resolution 25.52.19R as follows, which was held for further consideration: RESOLUTION NUMBER 25.52.19R RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF ALBANY RECOGNIZING THE IMPORTANCE OF WALKABILITY THROUGHOUT THE CITY AND CALLING ON THE ALBANY POLICE DEPARTMENT’S TRAFFIC SAFETY DIVISION TO ADOPT A POLICY ENSURING THAT PEDESTRIAN SIGNALS ARE AUTOMATICALLY INCLUDED WHENEVER TRAFFIC SIGNALS ARE CHANGED, UPGRADED OR INSTALLED. WHEREAS, the City of Albany strives to protect all of its citizens, including vulnerable road users such as pedestrians; and WHEREAS, the City of Albany recognizes the numerous benefits of walkability, including reduced carbon emissions, improved health, reduced congestion, reduced used of infrastructure, pedestrian safety, higher property values, lower crime rates, and better ability to attract and retain young people and families; and WHEREAS, the City of Albany currently has installed pedestrian-actuated signals (colloquially known as “beg buttons”) at many intersections, requiring pedestrians to press a button before a pedestrian signal will activate; and WHEREAS, these pedestrian-actuated signals reduce the overall frequency of pedestrian signals and increase—sometimes drastically—the wait times for pedestrians who wish to legally cross; and WHEREAS, this infrastructure may inadvertently encourage jaywalking behavior or confusion among pedestrians and motorists alike; and WHEREAS, these buttons have a legitimate purpose (in very low-traffic areas) of causing a traffic signal cycle to change when the signal would ordinarily never change; and WHEREAS, in intersections with frequently cycling traffic signals, these buttons serve to prioritize vehicle traffic ahead of pedestrians by effectively turning off the pedestrian signals until the button is pressed; and WHEREAS, it is fundamental to walkability that pedestrian signals should occur at least as often as signals for motor vehicles; and WHEREAS, it is inherently inequitable to prioritize automobiles, which are unattainable for many low-income families, over pedestrians, many of whom are walking to public transit or walking long distances to work to support their families; and  THEREFORE BE IT RESOLVED that the Common Council of the City of Albany calls on the Albany Police Department’s Division of Traffic Safety to adopt a policy ensuring that a pedestrian signal for every direction of crossing is automatically included as part of every traffic signal cycle, regardless of whether a button is pressed; and President Pro Tem Conti referred Resolution 25.52.19R to the Planning, Economic Development and Land Use Committee for further consideration. Council Member Fahey offered Resolution 26.52.19R as follows, which was held for further consideration: RESOLUTION NUMBER 26.52.19R RESOLUTION OF THE COMMON COUNCIL CONFIRMING THE APPOINTMENT OF WILLIAM PETTIT AS A MEMBER OF THE ALBANY PARKING AUTHORITY BOARD OF DIRECTORS. 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 William Pettit as a member of the Albany Parking Authority. NOW, THEREFORE, BE IT RESOLVED, that William Pettit be confirmed as a member of the Albany Parking Authority Board of Directors for the remainder of a five (5) year term ending on January 2, 2022. President Pro Tem Conti referred Resolution 26.52.19R to the Planning, Economic Development and Land Use Committee for further consideration. Council Member Fahey offered Resolution 27.52.19R as follows, which was held for further consideration: RESOLUTION NUMBER 27.52.19R RESOLUTION OF THE COMMON COUNCIL CONFIRMING THE APPOINTMENT OF BETH LACEY AS A MEMBER OF THE ALBANY PARKING AUTHORITY BOARD OF DIRECTORS 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 Beth Lacey as a member of the Albany Parking Authority. NOW, THEREFORE, BE IT RESOLVED, that Beth Lacey be confirmed as a member of the Albany Parking Authority Board of Directors for the remainder of a five (5) year term ending on January 2, 2023. President Pro Tem Conti referred Resolution 27.52.19R to the Planning, Economic Development and Land Use Committee for further consideration. Council Member Fahey offered Resolution 28.52.19R as follows, which was held for further consideration: RESOLUTION NUMBER 28.52.19R RESOLUTION OF THE COMMON COUNCIL CONFIRMING THE APPOINTMENT OF CHRISTOPHER BURKE AS A MEMBER OF THE ALBANY PARKING AUTHORITY BOARD OF DIRECTORS. 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 Christopher Burke as a member of the Albany Parking Authority. NOW, THEREFORE, BE IT RESOLVED, that Christopher Burke be confirmed as a member of the Albany Parking Authority Board of Directors for the remainder of a five (5) year term ending on January 2, 2024. President Pro Tem Conti referred Resolution 28.52.19R to the Planning, Economic Development and Land Use Committee for further consideration. Council Member Anane noticed Resolution 29.52.19, asked passage and a roll call vote thereon. RESOLUTION NUMBER 29.52.19R RESOLUTION OF THE ALBANY COMMON COUNCIL CONGRATULATING THE ALBANY PATROONS BASKETBALL TEAM ON THEIR PROFESSIONAL BASKETBALL LEAGUE CHAMPIONSHIP WINNING GAME WHEREAS, The Patroons have had a long and rich history in the City of Albany, calling the Washington Avenue Armory Sports and Convention Arena “home” beginning in 1982 and continuing that tradition to this day; and WHEREAS, The Patroons have had legendary coaches such as Phil Jackson and George Karl, along with countless National Basketball Association players among their ranks over the years; and WHEREAS, the City of Albany has delighted in the electrifying performances of the Patroons, as their level of play and sportsmanship is the epitome of professional athletics; and WHEREAS, the community takes great pride in calling the Patroons their home team; and  WHEREAS, the Albany Patroons advanced to the best-of-three championship series of the Professional Basketball League by defeating the Raleigh Firebirds 120-116 on Wednesday, April 24, 2019; and WHEREAS, the Patroons took on the regular season champions, the Yakima SkyKings, losing their first game before bouncing back to win their second in the series and forcing a game three championship match-up at the Armory; and WHEREAS, under the leadership of Coach Derrick Rowland, and before 2,222 screaming fans, the Patroons tasted sweet victory as they defeated the Yakima SkyKings 124-114 to claim the 2019 Professional Basketball League Championship on Friday, May 3rd, 2019; NOW, THEREFORE, BE IT RESOLVED, that the City of Albany Common Council wishes to congratulate the Albany Patroons on their 2019 Professional Basketball League championship winning game. * Resolution Number 29.52.19R was co-sponsored by Council Members Anane, Applyrs, Balarin, Conti, Doesschate, Fahey, Farrell, Flynn, Hoey, Igoe, Johnson, Kimbrough, Love, O’Brien and Robinson * Council Anane and Igoe spoke on the Resolution prior to passage. 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, Farrell, Flynn, Hoey, Igoe, Johnson, Kimbrough, Love, O’Brien and Robinson Affirmative 15 Negative 0 Abstain 0 Council Member Flynn noticed Resolution 30.52.19, asked passage and a roll call vote thereon. RESOLUTION NUMBER 30.52.19R RESOLUTION OF THE COMMON COUNCIL CONSENTING TO AN ADJUSTMENT IN SALARY FOR CERTAIN POSITIONS FOR THE 2019 BUDGET (Youth and Workforce Services) 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 Commissioner of the Department of Youth and Workforce Services has requested amendments to the 2019 budget to change the salaries of two employees in the position of Senior Employment and Training Specialist (from $42,282 to $49,282) by transferring $14,000 from G.1000-74790 (Revenue) to GD6291-7000 (Salaries). 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 Department of Youth and Workforce Services. 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, Farrell, Flynn, Hoey, Igoe, Johnson, Kimbrough, Love, O’Brien and Robinson Affirmative 15 Negative 0 Abstain 0 President Pro Tem Conti made a motion, which was duly seconded, requesting Majority Consent to add Resolutions 31.52.19R and 32.52.19R to the agenda. There being no discussion, the motion was adopted by voice vote. Council Member Hoey voted No to adding Resolution 32.52.19 to agenda. The motion passed. Council Member Kimbrough offered Resolution 31.52.19R (MC) as follows, which was held for further consideration: RESOLUTION NUMBER 31.52.19(MC) A RESOLUTION OF THE CITY OF ALBANY’S COMMON COUNCIL IN SUPPORT OF THE REMOVAL OF GEOGRAPHIC RESTRICTIONS UNDER THE EMERGENCY TENANT PROTECTION ACT (ETPA) AND GOOD CAUSE EVICTION LEGISLATION WHEREAS, the City of Albany has documented and identified an unmet need for affordable housing opportunities to serve low and moderate income residents; and WHEREAS, currently state law does not provide local authority to form a local board that would determine annual allowable rental increases in order to protect tenants from arbitrary rent increases; and WHEREAS , the New York State Emergency Tenant Protection Act (ETPA) of 1974 provides rental protections including rent stabilization whereby landlords are subject to regulated rent increases and tenants have the right to renewal leases; and WHEREAS , under the current ETPA law only municipalities in Nassau, Westchester, Rockland counties and New York City are eligible to adopt a form of rent stabilization, resulting in rent control only applying to tenants in 8 of the state’s 62 counties; and WHEREAS, in 2019, New York State’s Emergency Tenant Protection Act (ETPA) of 1974 will be expiring, presenting an opportunity for our state leadership in Albany to improve and extend tenants’ rights moving forward; THEREFORE BE IT RESOLVED, that the Common Council calls upon our state leaders in Albany to remove the geographic restrictions from the ETPA by supporting S5040/A7046 , so that local governments can take an active role addressing the cost of rental housing and have a choice in providing critical rental rights to tenants in the City Of Albany and across the state; and BE IT RESOLVED that the City of Albany also supports and endorses S 2892A/A5030 which would bring the right to a lease renewal with limited rent increases to all renters in non-owner occupied buildings in the state. BE IT FURTHER RESOLVED, that the City Clerk is directed to send a copy of this resolution to U.S. Senator Kirsten Gillibrand, U.S. Senator Charles Schumer, Governor Andrew Cuomo, New York State Senator Neil Breslin, New York State Assemblywoman Patricia Fahy, New York State Assemblyman John McDonald, Senate Housing Chair Brian Kavanagh, and Assembly Housing Chair Steven Cymbrowitz President Pro Tem Conti referred Resolution 31.52.19R (MC) to the Housing and Community Development Committee for further consideration. Council Member Johnson noticed Resolution 32.52.19 (MC), asked passage and a roll call vote thereon. RESOLUTION NUMBER 32.52.19R (MC) RESOLUTION OF THE COMMON COUNCIL AUTHORIZING THE MAYOR TO EXECUTE A HOME RULE REQUEST (S.5616 AND A.7634) TO ALLOW ALIENATION OF PARKLAND TO ACCOMMODATE UNDERGROUND PIPING THROUGH LINCOLN PARK TO MORTON AVENUE FOR THE BIG C DISINFECTION AND FLOTABLES CONTROL FACILITY AND ASSOCIATED INFRASTRUCTURE AS PART OF THE ALBANY POOL COMMUNITIES LONG TERM CONTROL PLAN AND BEAVER CREEK CLEAN RIVER PROJECT. BE IT ENACTED by the Common Council of the City of Albany, as follows: WHEREAS, LAWS OF NEW YORK, 2018, CHAPTER 450 entitled “AN ACT authorizing the city of Albany to alienate certain lands used as parkland and to dedicate certain other lands as parklands” became a law December 21, 2018, with the approval of the Governor authorizing the alienation of ±2.50 acres of parkland within Lincoln Park for the Beaver Creek Clean River Project; and  WHEREAS, the Project provides for the screening and disinfection of wet weather flows for the Beaver Creek Sewer District, and is intended to improve the water quality of the Hudson River; and WHEREAS, as part of the Project, the Albany Water Board has conducted an extensive public education and outreach program and, to address public concerns relative to the removal and storage of solid materials in the Lincoln Park, a partnership between the Albany Water Board and the Albany County Water Purification District (ACWPD) was formed; and WHEREAS, under this partnership, solid materials which are screened at the facility in the park will be conveyed directly to the ACWPD South Treatment Plant where they will be removed and processed; and WHEREAS, the conveyance of the screened materials requires a new direct connection from the proposed screening and disinfection facility to the Albany County Hudson River Interceptor and the selected routing for this new connection will run through Lincoln Park and along South Hawk Street, where it will connect to an existing pipe on Third Avenue and ultimately the County’s interceptor sewer; and WHEREAS, the proposed modification to the Project will require that additional parklands be alienated in order to construct and maintain the new underground pipe connection through Lincoln Park; and WHEREAS, the lands required to be alienated are depicted on the accompanying map and description; and WHEREAS, these lands in conjunction with the lands previously alienated for the construction of the screening and disinfection facility are the total parklands necessary to be alienated for the Project; and WHEREAS, the Albany Water Board acting as lead agency pursuant to the New York State Environmental Quality Review Act (SEQRA), after conducting a coordinated review, issued a negative determination of significance in connection with the project WHEREAS, a joint bill has been introduced, to wit: Senate Bill 5616, and Assembly Bill 7634, a true copy of which is annexed to this Resolution and made a part hereof; now, therefore, be it RESOLVED, that the Mayor be and she is authorized to execute a Home Rule Request for the enactment of S. 5616 and A. 7634 which would enable alienation of additional parklands of a portion of Lincoln Park, owned by the City of Albany, in order to construct and maintain the new underground pipe connection through Lincoln Park, as depicted on the accompanying map and description, in conjunction with lands previously alienated by the LAWS OF NEW YORK, 2018, CHAPTER 450 for the Beaver Creek Clean River Project. * Council Hoey, Johnson, O’Brien, Fahey, Conti, Farrell, Robinson, Love and Applyrs spoke on the Resolution prior to passage. 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, Balarin, Conti, Fahey, Farrell, Igoe, Kimbrough, Doesschate, Flynn, Applyrs and O’Brien Negative - Robinson, Johnson, Love, Hoey Affirmative: 11 Negative: 4 Abstain: 0 President Pro Tem Conti held the remaining Resolutions on the pending agenda for further consideration. Miscellaneous or Unfinished Business Council Member Hoey (Oppose Resolution 32.52.19R) Council Member Farrell (Support Resolution 32.52.19R) Council Member Johnson (Oppose Resolution 32.52.19R) Council Member Igoe (Thank Council Member Johnson bringing Resolution 32.52.19R to vote and spoke on City progress) Council Member Doesschate (Support Resolution 32.52.19R) Council Member Balarin (Parking permits) Council Member Conti (Parking permits zones) 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 8:29 pm. Respectfully Submitted Michele Andre Legislative Aide to the Common Council