Common Council Caucus & Regular Meeting

CITY OF ALBANY COMMON COUNCIL MINUTES OF A REGULAR MEETING MONDAY, June 17, 2019 Members Present: Anane, Balarin, Conti, Doesschate, Fahey, Flynn, 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 7:02 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 to change the order of business so as to take up Resolution 34.61.19R 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 34.61.19 (MC), asked passage and a roll call vote thereon. RESOLUTION NUMBER 34.61.19R RESOLUTION HONORING VERA P. MICHELSON AND NAMING PENNSYLVANIA AVENUE, BETWEEN LIVINGSTON AVENUE AND BEVERLY AVENUE, IN THE CITY OF ALBANY, “VERA ‘MIKE’ MICHELSON WAY” IN HER HONOR WHEREAS, Vera Michelson, known affectionately as “Mike,” was a well-known lifetime activist and organizer, who was a true warrior for racial and social justice; and WHEREAS, Mike began her work as a public servant upon her graduation from Russell Sage College and the University at Albany, where she received a M.S. in education; and WHEREAS, during the ‘60s and ‘70s, Mike was one of two organizers who helped to create a Welfare Rights Organization in Rensselaer, while also starting a teen center; and WHEREAS, Mike was a founding community member of the Whitney M. Young, Jr. Health Center and she served as a board member for the Underground Railroad History Project of the Capitol Region; and WHEREAS, Mike was involved in a series of organizations committed to enhancing police accountability and criminal justice reform; volunteering for the District Attorney’s Community Accountability Board, was a member of the Gun Violence Implementation Team Advisory Council and fought hard to ensure that the City of Albany hired a police chief committed to community policing; and  WHEREAS, her time spent working to end racism and apartheid earned her national and international recognition, even testifying at United Nations conferences and being an invited guest to the African National Congress Conference in Lusaka, Zambia; and WHEREAS, most recently, Mike was a founding member and secretary of ROOTS (Re- Entry Opportunities and Orientation Towards Success), an organization aimed at mentoring formerly incarcerated individuals, along with being a mentor to the SNUG anti-gun violence team, a volunteer administrator for Urban Grief and was also instrumental in bringing L.E.A.D. (Law Enforcement Assisted Diversion) to Albany, all in an effort to provide support to families and community members affected by violence; NOW, THEREFORE, BE IT RESOLVED, that in recognition of her lifetime of work and selfless devotion to her neighbors and community as an ally, advocate and counselor in the fight for racial and social justice, a street sign to read “VERA ‘MIKE’ MICHELSON WAY” shall be placed adjacent to the existing Pennsylvania Avenue sign between Livingston Avenue and Beverly Avenue, in the City of Albany. * Resolution Number 34.61.19 (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 Members Robinson, Johnson, Balarin, Fahey, Ellis, Doesschate and Kimbrough 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, Doesschate, Fahey, Flynn, Igoe, Johnson, Kimbrough, Love, O’Brien and Robinson Affirmative 12 Negative 0 Abstain 0 Public Comment Period The following members of the public spoke: 1). Gene Solan, 16 Prospect Terrace, Albany, NY 12208 (Neighborhood Development) 2). Steve Sokal, 36 Fuller Road, Albany, NY 12206 (Development Issues) 3). Alana Klein, 29 Glenwood Street, Albany, NY 12208 (Juneteenth) 4). Nancy Benedict, 31 Forest Road, Delmar, NY 12054 (Channel Albany) 5). Vincent Rigosu, 13 Beach Ave, Albany, NY 12236 (1211 Western Ave) 6). Cheryl Cannon, 87 Boyce Road, Nassau, NY 12123 (Sickle Cell Resolution) 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 General Services, Health and Environment: Council Member O’Brien reported that the committee met on June 6, 2019 to review Resolution 86.102.18R (MC) – (Equity Agenda) regarding the Department of General Services. Parks, Recreation and Family Service: Council Member Flynn reported that the committee met on June 11, 2019 at 5:30PM to discuss Department of Recreation youth programs and how they can be improved. Law, Buildings and Code Enforcement: Council Member Igoe reported that the committee will meet on June 19, 2019 at 5:30 to review Ordinance 8.31.19 As Amended (authorize and permit the keeping of hens) and Ordinance 11.61.19 (amends vacant building registry). Consideration of Ordinances Council Member Flynn noticed the introduction of Ordinance 12.62.19 as follows, which was held for further consideration: ORDIANCE NUMBER 12.62.19 AN ORDINANCE AMENDING ARTICLE III (TOW-TRUCK OWNERS AND OPERATORS) OF CHAPTER 353 (VEHICLES FOR HIRE) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO THE MAXIMUM TOWING CHARGE PERMITTED The City of Albany, in Common Council convened, does hereby ordain and enact: Section 1. Subsection A of section 353-63 (Maximum Charges) of the Code of the City of Albany is amended to read as follows: A. All towing companies licensed pursuant to this article shall prepare a schedule of the charges for towing and storage of motor vehicles, and such schedule shall be filed with the Chief of Police. Notwithstanding the foregoing, the maximum charge for the towing of any vehicle not in excess of 10,000 pounds, which has not been authorized by the owner or operator, shall be $100$200. An additional flat fee of $25 for the dollying of a vehicle may be imposed. An additional charge of $55 per hour for winching may be imposed. The maximum charge for the storage of towed motor vehicles shall be $3545 per day, or each part thereof, to commence after the vehicle has been on the premises for 24 hours. The aforesaid maximum rates shall also apply to the towing of motor vehicles which have become disabled upon a street or highway in the City of Albany regardless of whether said tow may have been authorized by the owner or operator of the vehicle.  Section 2. This ordinance shall take effect immediately. President Pro Tem Conti referred Ordinance 12.62.19 to the Law, Buildings and Code Enforcement Committee for further consideration. President Pro Tem Conti held the remaining Ordinances on the pending agenda for further consideration. Consideration of Resolutions Council Member Kimbrough noticed the introduction of Resolution 39.62.19 as follows, which was held for further consideration: Resolution Number 39.62.19R RESOLUTION OF THE COMMON COUNCIL AUTHORIZING THE EXECUTION OF AN AMENDED AND RESTATED PAYMENT IN-LIEU-OF TAX (PILOT) AGREEMENT WITH LUMBER STREET APARTMENTS IV HOUSING DEVELOPMENT FUND CORP. AND IDA YARBROUGH PHASE IV LLC WHEREAS, the Lumber Street Apartments Housing IV Development Fund Corp. (the “HDFC”) is a corporation established pursuant to section 402 of the Not-For-Profit Corporation Law and Article XI of the Private Housing Finance Law (“PHFL”), and is controlled by or under common control with the Albany Housing Authority (the “AHA”); and WHEREAS, the HDFC is organized as a “housing development fund company” as that term is defined in Section 572 of the PHFL; and WHEREAS, the Ida Yarbrough Phase IV LLC (the “Company”) is a limited liability company controlled by or under common control with the AHA; and WHEREAS, the HDFC’s and the Company’s plan for the use of the property hereinafter described, consisting of the construction and redevelopment of approximately one-hundred and ninety-six (196) mixed income affordable residential rental units, constitutes a “housing project” as that term is defined in Section 572 of the PHFL (the “Project”) and will be located and situated at or near 260-270 North Pearl Street and 531 Lark Drive in the City and County of Albany, State of New York (the “Property”); and WHEREAS, the HDFC is the sole managing member of the Company and is expected to be the leasehold owner of the Property as nominee of the Company; and WHEREAS, pursuant to Section 577(1) of the PHFL, the local legislative body of a municipality may exempt a project of a housing development fund company from local and municipal taxes, including school taxes, other than assessments for local improvements, to the extent of all or a part of the value of the property included in the completed project for a period of up to thirty (30) years;  NOW, THEREFORE BE IT RESOLVED, that the Property and the Project shall be exempt from real property taxes to the extent described in Section 577(1) of the PHFL for a period of thirty (30) years, including city, county and school taxes, other than assessments for local approvals, and that the Mayor of the City of Albany is hereby authorized and empowered to execute and enter into a PILOT agreement with the Company and the HDFC in a form approved by the Corporation Counsel, together with such other and further forms, documents and agreements necessary to amend, renew, supplement or effectuate the same. RESOLVED, that this resolution shall take effect immediately. President Pro Tem Conti made a motion, which was duly seconded, requesting Majority Consent to add Resolution 40.62.19R to the agenda. There being no discussion, the motion was adopted by voice vote. Council Member Balarin noticed the introduction of Resolution 40.62.19R as follows, which was held for further consideration: RESOLUTION NUMBER 40.62.19R (MC) RESOLUTION OF THE COMMON COUNCIL RECOGNIZING AND HONORING RONALD D. HOWARD FOR HIS CONTRIBUTIONS TO THE CITY OF ALBANY WHEREAS, Reverend Ronald D. Howard was born and raised in Rochester, New York. He earned his Bachelor of Science degree in therapeutic recreation from the State University of New York at Brockport. His career in the human services field is very extensive. He has served in mental health agencies as well as with the physically and developmentally disabled population. Rev. Howard is also a retired Lineman of the National Grid Power Corporation where he worked for seventeen years, and WHEREAS, He is celebrating thirty-four years of marriage with his beautiful, talented and anointed wife, Barbara N. Howard. Together they have two wonderful daughters, Claire Howard, and Diona Howard-Nicolas. They are also the proud grandparents of Claude-Eric King Nicolas, Jr. and Essa Jelani Malik Nicolas, and WHEREAS, Rev. Howard is the founder and Senior Pastor of Blessed Hope Worship Center located in Albany, New York. He has been preaching the gospel of Jesus Christ, leading souls to Christ and serving his community for thirty, plus years, and WHEREAS, Rev. Howard is a member of the Albany African American Clergy United for Empowerment, and serves as one of the group’s officers. He is also member of Phi Beta Sigma Fraternity Inc., and WHEREAS, Under his leadership, Blessed Hope Worship Center ministry developed partnerships with fellow ministries and community agencies to help the people in his community holistically. His ministry was actively involved in the process of helping the youth in our community to develop marketable skills in the workforce through the Albany Summer Youth Employment Program by providing a yearly worksite for the program. The ministry offered many outreach programs, such as a yearly free summer camp for young people and a free monthly community dinner. Rev. Howard has a strong compassionate heart for people who are downtrodden and he engages in empowering them to reach for their goals and turn their dreams into realities, and NOW, THEREFORE, BE IT RESOLVED, that Albany Common Council hereby honors Reverend Ronald D. Howard and expresses its appreciation for all that he has contributed to the City of Albany. 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: Kennedy, Dannette, Albany County Clerk’s Office, 16 Eagle Street, Albany, NY 12207 Marable, Kathlynne, Albany County Clerk’s Office, 16 Eagle Street, Albany, NY 12207 Council Member Robinson (Recreation Centers) Adjournment There being no further business, President Pro Tem Conti made a motion to adjourn, which was duly seconded and adopted by unanimous voice vote. President Ellis declared the meeting adjourned at approximately 7:51 pm. Respectfully Submitted Michele Andre Legislative Aide to the Common Council