Common Council Caucus & Regular Meeting

CITY OF ALBANY COMMON COUNCIL MINUTES OF A REGULAR MEETING MONDAY, June 3, 2019 Members Present: Anane, Applyrs, Balarin, Conti, Doesschate, Fahey, Farrell, 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. CHANGE IN THE ORDER OF BUSINESS President Pro Tem Conti made a motion, which was duly seconded, requesting Majority Consent to add Resolutions 37.61.19R and 38.61.19R to the agenda. There being no discussion, the motion was adopted by voice vote. President Pro Temp Conti made a motion to change the order of business so as to take up Resolution 37.61.19R (MC) as the first item and allow for the opening of the roll call vote thereon and to thereafter return to the regular order of the agenda. The motion, being duly seconded, was ADOPTED by unanimous voice vote. Council Member Robinson noticed Resolution 37.61.19R (MC), asked passage and a roll call vote thereon. RESOLUTION NUMBER 37.61.19R (MC) RESOLUTION OF THE COMMON COUNCIL RECOGNIZING AND HONORING JAHZAI L. ADDISON WHEREAS, Jahzai Lee Addison adored daughter of Candace P. Elliot and Jason Addison is a sophomore at Albany High School where she maintains 3.0 GPA and is often listed on the Principal’s List for her academic successes; and WHEREAS, since the age of 11 she has participated in Cheer. In 2015 and 2016 she traveled to Walt Disney World where her team placed in the top three of the National Cheer Championship. Her commitment to cheer led her to become a member of Albany High’s Varsity Cheerleading Squad in her freshman and sophomore year; and WHEREAS, Jahzai was selected as a 2019 Invited Scholar to represent her high school at the Envision and Stanford Law School Intensive Law and Trial Program. In 2017 she received the Girl of Merit award for her exceptional qualities in the way she lives, serves her community and also showing exceptional abilities scholastically, artistically, and athletically, and WHEREAS, Jahzai is a member of the Sweet Pilgrim Missionary Baptist Church where her Godfather Reverend Elgin Joseph Taylor Sr serves as Pastors. She serves as an Assistant Sunday School teacher to the Sr. High Class. She also serves as a member of the Choir, Youth Ministry, Liturgical Dance Ministry, Hospitality Committee and Works at the Soup Kitchen; and WHEREAS, Jahzai says her role models are her mother and godfather. Her mother, Candace P. Elliott, a single parent who has modeled unconditional love and always makes a way regardless of any situation. She states,“My mom supports me in everything I do and has taught me all I know. My mom has raised me to be the Christian young woman I am and has poured strong morals and values into me, which is molding me to be productive in my future.” Jahzai also stated that her Godfather, who she affectionately calls “Pop,” is the only father figure she knows. She states, “He looks out for me and shows me how to make the best out of my situations”. NOW THEREFORE, Jahzai was a debutante in the Albany Alumnae Chapter of Delta Sigma Theta Sorority’s 17th Biennial Debutante Cotillion. She raised over $14,000 dollars, which is used to fund scholarships and education training opportunities, she was crowned MISS DEB 2019; RESOLVED, that the Albany Common Council pause to recognize Jahzai Lee Addison for serving her community and do hereby honor Miss. Addison in the City of Albany, NY. * Resolution Number 37.61.19 (MC) was co-sponsored by Council Members Anane, Applyrs, Balarin, Conti, Doesschate, Fahey, Farrell, Flynn, Hoey, Igoe, Johnson, Kimbrough, Love, O’Brien and Robinson * Council Robinson 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, Applyrs, Balarin, Conti, Doesschate, Fahey, Farrell, Flynn, Hoey, Igoe, Johnson, Kimbrough, Love, O’Brien and Robinson Affirmative 15 Negative 0 Abstain 0 Public Comment Period The following members of the public spoke: 1). Janet Dwyer Stutzman, 226 Euclid Ave, Albany, NY (USDO in Albany) 2). Theresa Bronner, 154 Brevator Street, Albany, NY 12206 (Oversized Development) 3). Gene Solan, 16 Prospect Terrace, Albany, NY 12208 (Neighborhood Development) 4). Steve Burke, 11 Clarendon Rd, Albany, NY 12203 (High Density Development) 5). Elizabeth Deberian, 25 Clarendon Rd, Albany, NY 12203 (High-rise Buildings) 6). Peter Sheehan, 32 Buckingham Dr., Albany, NY 12208 (563 New Scotland Ave) 7). John Guzewich, 61 Melrose Ave, Albany, NY 12203 (Development in the City) 8). Rebecca Garrard, 94 Central Ave, Albany, NY 12206 (Resolution 31.52.19R (MC)) 9). Vincent Rigosu, 13 Beach Ave, Albany, NY 12203 (USDO –Stop the Stories) 10). Annamarie Lippitt, 455 Magazine Street, Albany, NY 12203(#1211Western Ave) 11). Melanie Trimble – NYCLU, 41 State Street, STE 612, Albany, NY 12207 (Resolution 22.52.19 (MC) - Marijuana) 12). Kathleen Johnson, 22 Tudor Rd, Albany, NY 12203 (Zoning Changes) 13). Laura Felts, 145 Eagle Street, Albany, NY 12202 (Resolution 31.52.19R (MC)) The time for Public Comment having expired, President Pro Tem 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. 14). Maryann Berman, Albany, NY (564 New Scotland Ave) 15). Margie Sheehan, 32 Buckingham Ave, Albany, NY 12208 (Responsible Development) 16). Martin Daley, 564 Myrtle Ave, Albany, NY (Development Trends & Sustainability) 17). Ian Benjamin, 134 Jefferson Street, Albany, NY (Development in Albany) 18). Andrew Neidhardt, 355 State Street, Albany, NY (Walkable Development) 19). Lynn Jackson, 223 S. Swan Street, Albany, NY (Walkability) 20). Alana Klein, 29 Glenwood Street, Albany, NY 12208 (Facebook Post) 21). Tim Looker, 143 Winthrop Ave, Albany, NY 12203 (Development) 22). Roger Markovies, 38 Winthrop Ave, Albany, NY 12202 (Resolution 31.52.19R (MC)) 23). Brendan Woodruff, 488 Broadway Unit 45, Albany, NY (Development in Albany) 24). Brandon Bissell-Evans, 23 Delaware Terrace, Albany, NY (Resolution 31.52.19R (MC)) 25). Daniel Kirk-Davidoff, 35 Dove Street, Albany, NY (Density is good) 26). Hon. Mark Robinson, 13 Lexington Ave, Albany, NY (Public Comment & Zoning) 27). Taffrey Wallace, 86 Denise Drive, Latham, NY 12210 (Resolution 31.52.19R (MC)) 28). Maria Markovics, 38 Myrtle Avenue, Albany, NY 12202 (Resolution 31.52.19R (MC)) 29). Kimberleigh Krepp, 107 N. Manning Blvd, Albany, NY (Resolution 22.52.19R (MC)) 30).Rohan Grant, 10 McPhenson Terrace, Albany, NY (West Hill) 31). Julie Lundgren, 51 Wintrop Ave, Albany, NY 12203 (Ordinance 10.51.19 & Development) 32). Chris Hundt, 20 Parkwood Street, Albany, NY (Development) 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 Housing and Community Development: Council Member Kimbrough reported that the committee had a 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 on May 23, 2019. There will needs a follow up meeting. The committee met on May 30, 2019 at 5:30PM to review Resolution 31.52.19R (MC) (rent regulation and evictions) As Amended and it voted out of committee. General Services, Health and Environment: Council Member O’Brien reported that the committee will meet on June 6, 2019 to review Resolution 86.102.18R (MC) – (Equity Agenda) regarding to Department of General Services. Public Safety: Council Member Applyrs reported that the committee met on June 3, 2019 at 5:30PM (prior to Caucus) to review Resolution 22.51.19R (MC) and Resolution 23.51.19R (MC). Committee will meet on 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. Consideration of Ordinances Council Member Anane noticed the introduction of Ordinance 11.61.19 as follows, which was held for further consideration: ORDINANCE NUMBER 11.61.19 AN ORDINANCE AMENDING ARTICLE XIA (VACANT BUILDING REGISTRY) OF CHAPTER 133 (BUILDING CONSTRUCTION) OF THE CODE OF THE CITY OF ALBANY TO INCLUDE AN INITIAL INTERIOR INSPECTION OF THE PROPERTY TO BE REGISTERED AND TO REQUIRE THE PROVIDING OF PROOF OF THE TERMINATION OF UTILITIES AND WINTERIZATION OF THE PROPERTY The City of Albany, in Common Council convened, does hereby ordain and enact: Section 1. Section 78.3 (Vacant Building Registry) of Chapter 133 (Building Construction) is amended to read as follows: § 133-78.3. Vacant building registration. A. An owner of a vacant building shall register such building with the Department of Buildings and Regulatory Compliance immediately and renew said registration annually thereafter until the building is no longer vacant. B. An owner at the time of registration of such building shall schedule an interior inspection of the property in its entirety with the Department of Buildings and Regulatory Compliance and this inspection must be conducted within seven days of said registration. The interior inspection will be conducted annually until the building is no longer vacant. C. An owner shall have all utilities turned off (electric, natural gas and water) and provide the Department of Buildings and Regulatory Compliance documentation and proof of such. The utilities shall remain off until such time that the building is going to be made ready to be reoccupied and any required permits have been obtained. D. An owner shall winterize said building by having all necessary water, drain and heating lines emptied of all sitting water and the necessary material is placed in all necessary traps to prevent freezing. BE. The registration shall be submitted on forms provided by the Department of Buildings and Regulatory Compliance and shall include the following information supplied by an owner: (1) The property address; (2) The tax map identification (section, block and lot) number associated with the parcel improved by the building or structure; (3) The names, addresses, email addresses, and telephone numbers of all owners; (4) The name, address, email address, and telephone number of a person who resides in Albany County or an adjoining county and who has the authority to act on the owner’s behalf regarding the property in the event of an emergency; (5) The names and addresses of all known lienholders and all other parties with an ownership interest in the building, and a statement indicating whether the property is the subject of any mortgage or tax foreclosure; (6) A statement as to whether the owner intends or owners intend to rehabilitate and reoccupy the building, or if not, a statement as to how the owner intends or owners intend to dispose of the property; (7) If the owner is a corporate entity, including but not limited to a corporation, limited liability corporation, professional limited liability company, or limited liability partnership, the name, address, email, and telephone number of an agent responsible for maintenance of the property, at least one active officer, partner and/or member of such entity, the registered address for the entity, and the state in which the entity is registered; and (8) Proof of property insurance. This requirement may be waived by the Chief Building Official upon a showing by the applicant that such insurance is not available for the subject property. CF.As a condition of registration, all applicable laws and codes shall be complied with by the owner. The owner shall notify the Enforcement Officer of any changes in information supplied as part of the vacant building registration within 30 days of the change. DG. A new owner shall register or re-register a vacant building with the Enforcement Officer within 30 days of any transfer of an ownership interest in a vacant building. EH. Vacant building registration fees. (1) The owner of a vacant building shall pay an annual fee as set forth in paragraph (2) of this subsection for the period the building remains a vacant building.  (2) Fee schedule: (a) for residential buildings of one to three units: (i) for the first year, $250, (ii) for the second year, $500, (iii) for the third year, $750, (iv) for each subsequent year, $1,000. (b) for residential buildings of four to six units, and mixed commercial and residential buildings of two to three residential units: (i) for the first year, $500, (ii) for the second year, $1,000, (iii) for the third year, $1,500, (iv) for each subsequent year, $2,000. (c) for residential buildings of seven or greater units, and mixed commercial and residential buildings of four or greater units: (i) for the first year, $1,000, (ii) for the second year, $2,000, (iii) for the third year, $3,000, (iv) for each subsequent year, $4,000. (d) for non-residential buildings, the greater of: (i) for the first year, $1,000 or $.05 per square foot, (ii) for the second year, $2,000 or $.10 per square foot, (iii) for the third year, $3,000 or $.15 per square foot, (iv) for each subsequent year, $4,000 or $.20 per square foot. (3) The vacant building shall be registered prior to the issuance of any building permits, with the exception of a demolition permit. (4) The vacant building registration fee shall be applied by the Chief Building Official toward the cost of any building permit fees otherwise owed for work proposed at the building for which the vacant building registration fee was paid. FI. The Enforcement Officer shall document any property-specific engineering reports, written statements from community organizations, other interested parties or community residents regarding the condition, history, problems, status or blighting influence of a vacant building. GJ. The Chief Building Official may reduce vacant building fees by up to fifty percent under  the following circumstances: (1) for a specific property if said property has not been the subject of any enforcement action by any enforcing entity during the shorter of the previous year or the period of the current owner’s ownership of the vacant building; or (2) the Chief Building Official determines that in the interest of improving compliance with this ordinance, the Chief Building Official may offer a fee reduction for all registrants for a period of up to 60 days provided that a notification to the Common Council is provided by the Chief Building Official or their designee and a reasonable attempt is made to notify would-be registrants of the fee reduction and that no fee reduction offer made pursuant to this subsection has been extended in the previous 30 months; or (3) the Chief Building Official may offer a reduction in fees to all vacant building registrants for a period of up to 180 days after the date upon which this ordinance became effective provided that no such reduced fee period extends past January 1, 2020. HK. A one-to-three unit residential vacant building where no code violations exist and which is unoccupied for less than ninety days is exempt from registration under either of the following circumstances: (1) where the vacant building is the primary residence of, and owned by, a natural person; or (2) where the vacant building is owned by a natural person and where a registered New York State licensed real estate agent has been retained to actively market the building. Section 2. This ordinance shall take affect thirty days after enactment. President Pro Tem Conti referred Ordinance 11.61.19 to the Law, Buildings and Code Enforcement Committee for further consideration. Council Member Fahey WITHDREW Ordinance 32.62.18 As Amended (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 METHADONE DISPENSARIES), which had been previously introduced. President Pro Tem Conti held the Ordinances on the pending agenda for further consideration. Consideration of Resolutions Council Member Conti noticed Resolution 35.61.19R, asked passage and a roll call vote thereon. RESOLUTION NUMBER 35.61.19 RESOLUTION OF THE COMMON COUNCIL RECOGNIZING AND COMMEMORATING “SAY IT LOUD! BLACK & LATINO GAY PRIDE” 2019 WHEREAS Say It Loud! Black & Latino Gay Pride, organized by In Our Own Voices, is a truly unique event celebrating the strong and vibrant LGBT People of Color communities of Upstate New York; and WHEREAS this year, Say It Loud! encompasses nine days of events to highlight and lift up members of the LGBT POC community while promoting health, wellness and transformative self-empowerment; and WHEREAS the highlight of this year’s celebration will be the Black and Latino Gay Pride Festival in Washington Park on Saturday, June 8th; and WHEREAS this celebration has also grown to include thousands of participants and draws Lesbian, Gay, Bisexual and Transgender People of Color (LGBT POC) from all over the Capital Region; and WHEREAS this year’s Say It Loud! marks the 13th Anniversary of the celebration with events from May 31st through June 26th; and WHEREAS this year’s celebration also coincides with the 50th Anniversary of the Stonewall Uprising, a seminal event which marks the beginning of the modern day LGBT Human Rights movement; and WHEREAS In Our Own Voices is an important organization within our the Capital District serving the LGBT POC community and in 2014 further established its permanency in the Capital District through purchase of its own home at 245 Lark Street; NOW, THEREFORE, BE IT RESOLVED that the Common Council of the City of Albany does hereby recognize this celebration and the contributions of the lesbian, gay, bisexual and transgender community of color to our city, and the important work of In Our Own Voices, and does extend its congratulations and best wishes for a successful 13th Anniversary “Say it Loud! Black and Latino Gay Pride” celebration and 50th Anniversary celebration of the Stonewall Uprising. * Resolution Number 35.61.19R was co-sponsored by Council Members Anane, Applyrs, Balarin, Conti, Doesschate, Fahey, Farrell, Flynn, Hoey, Igoe, Johnson, Kimbrough, Love, O’Brien and Robinson * Council Conti 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 Conti offered Resolution 36.61.19R as follows, asked passage and a roll call vote thereon. RESOLUTION NUMBER 36.61.19 RESOLUTION OF THE COMMON COUNCIL RECOGNIZING AND COMMEMORATING CAPITAL PRIDE 2019 WHEREAS, the month of June is nationally recognized and celebrated as Lesbian, Gay, Bisexual and Transgender Pride Month in commemoration of the 1969 Stonewall Uprising in New York City which marks the birth of the modern day LGBTQ human rights movement; and WHEREAS, this year marks the 50th Anniversary of the Stonewall Uprising, making this year’s celebration a significant moment in the ongoing struggle for LGBTQ human rights; and WHEREAS, 2019 marks the 49th anniversary of the founding of the Tri-Cities Gay Liberation Front in 1970 which, two years later, evolved into the Capital District Gay and Lesbian Community Council and is today known as the Pride Center of the Capital Region; and WHEREAS, Albany is the home of the oldest continuously operating LGBTQ community center in the nation, located at 332 Hudson Avenue, and was the site, in 1971, of the first march on a state capital for lesbian and gay civil rights; and WHEREAS, the City of Albany and the Albany Common Council in particular, has been in the forefront of governments recognizing and affirming the basic civil and human rights of the LGBTQ community; and WHEREAS, this years Capital Pride Parade and Festival, co-sponsored by the City of Albany, is scheduled for June 9th; and WHEREAS, in addition to the Pride Parade and Festival, the volunteers of the Pride Center have organized a series of activities from May 31st through June 26th marking a celebration of lesbian, gay, bisexual and transgender pride across the Capital District; and  WHEREAS, it is appropriate for this body to pause in its deliberations to recognize Capital Pride 2019 and the celebration of 49 years of pride in the Capital District that it represents and the 50th Anniversary of the Stonewall Uprising and to reaffirm its support for the LGBTQ community. NOW, THEREFORE, BE IT RESOLVED, that the Common Council of the City of Albany does hereby recognize this celebration and the contributions of the lesbian, gay, bisexual and transgender community to our city and does extend its congratulations and best wishes for a successful Capital Pride 2019 celebration. * Resolution Number 36.61.19R was co-sponsored by Council Members Anane, Applyrs, Balarin, Conti, Doesschate, Fahey, Farrell, Flynn, Hoey, Igoe, Johnson, Kimbrough, Love, O’Brien and Robinson * Council Ellis 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 Fahey and Johnson noticed Resolution 38.61.19 (MC), asked passage and a roll call vote thereon. Resolution Number 38.61.19R (MC) RESOLUTION OF THE COMMON COUNCIL AUTHORIZING THE MAYOR TO EXECUTE A HOME RULE REQUEST (S. 5616-A AND A. 7634-A) TO ALLOW ALIENATION OF PARKLAND IN CONNECTION WTH THE BIG C DISINFECTION AND FLOATABLES CONTROL PROJECT 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, S. 5616-A and A.7634-A will to amend LAWS OF NEW YORK, 2018, CHAPTER 450 to add land to be alienated within Lincoln Part as part of the Big C Disinfection and Floatables Control Project; and  WHEREAS, amendment of LAWS OF NEW YORK, 2018, CHAPTER 450 is proposed to address public concerns relative to the project and improve circulation of traffic and parking, following extensive public education and outreach by the Albany Water Board; 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. WHEREAS, a joint bill has been introduced, to wit: Senate Bill 5616-A, and Assembly Bill 7634-A, 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-A and A. 7634-A. * Council Hoey and Fahey 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, Igoe, Kimbrough, and O’Brien Negative – Hoey, Johnson, Love, and Robinson Affirmative 11 Negative 4 Abstain 0 Council Member Robinson noticed Resolution 22.51.19 (MC) As Amended, asked passage and a roll call vote thereon. RESOLUTION NUMBER 22.51.19R (MC) As Amended A RESOLUTION OF THE CITY OF ALBANY’S COMMON COUNCIL CALLING ON THE NEW YORK STATE LEGISLATURE TO ENACT AND THE GOVERNOR TO SIGN LEGISLATION LEGALIZING, REGULATING AND TAXING MARIJUANA IN THE STATE OF NEW YORK. 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, the legalizing, regulating and taxing of marijuana should focus on amending several state 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 granting of 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 the authority 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, furthermore the Council would encourage the State Legislature to include in its proposal a provision to allow municipalities freedom to regulate the number of plants individuals are permitted to cultivate within their homes legally; that a portion of the projected tax revenue be earmarked to assist communities experiencing urban blight, and also ensure that marijuana is not permitted to be grown in household where minors reside; and WHEREAS, the legalization, regulation and taxation of marijuana would help generate much needed state tax revenue, help to greatly reduce the racially disparate marijuana related arrests, and provide funding for community programs aimed at enriching the lives of 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 enact and the Governor to sign legislation legalizing, regulating and taxing marijuana in New York State. * Council Robinson, Conti, Fahey, Balarin, Hoey, Johnson, Doesschate 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, Applyrs, Balarin, Conti, Doesschate, Fahey, Farrell, Flynn, Hoey, Igoe, Johnson, Kimbrough, Love, O’Brien and Robinson Affirmative 15 Negative 0 Abstain 0 Council Member Robinson, Love, Johnson and Applyrs noticed Resolution 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”), which had been previously introduced, asked passage and a roll call vote thereon. 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 Kimbrough and Robinson noticed Resolution 31.52.19 (MC) As Amended, asked passage and a roll call vote thereon. RESOLUTION NUMBER 31.52.19R (MC) As Amended 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; and WHEREAS, the Common Council encourages the Legislature to take a robust look at the ETPA and consider expanding it beyond its current restrictions to ensure that those buildings constructed on, or after, January 1, 1974 and that contain 6 dwelling units or more are subject to the provisions therein; and 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. * Resolution Number 31.52.19R (MC) As Amended was co-sponsored by Council Members Applyrs * Council Kimbrough, Fahey, Johnson, and Conti 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, Doesschate, Fahey, Farrell, Flynn, Hoey, Igoe, Johnson, Kimbrough, Love, O’Brien and Robinson Present – Conti Affirmative 14 Negative 0 Abstain 0 Present 1 President Pro Tem Conti 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, 2021, AND WAIVE THE READING OF THE NAMES: Jones, Jordine, Resident, 37 1st Street, Albany, NY 12210 Council Member Igoe (Schedule Law, Buildings and Code Enforcement) Council Member Conti (Moved Resolution 86.102.18R (MC) - Equity Agenda from Council Operation and Ethic committee to Law, Buildings and Code Enforcement committee) Council Member Igoe (“Stop the Stories”) Council Member O’Brien (Public Comment & USDO) Council Member Hoey (Neighborhood Development) Council Member Fahey (Planning Department) Council Member Johnson (Planning Board) 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 9:53 pm. Respectfully Submitted Michele Andre Legislative Aide to the Common Council