Common Council Caucus & Regular Meeting

CITY OF ALBANY COMMON COUNCIL MINUTES OF A REGULAR MEETING MONDAY, AUGUST 5, 2019 Members Present: Anane, Balarin, Doesschate, Fahey, Farrell, Hoey, Igoe, Johnson, Kimbrough, 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 7:10 pm; Council Members recited the Pledge of Allegiance followed by a moment of silence. PUBLE HEARINGS The Clerk read the title of the ordinance for the public hearing: ORDINANCE NUMBER 10.51.19 (As Amended) 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 following member of the public spoke: 1. Peter Sheehan, 32 Buckingham Dr, Albany, NY 2. Tim Looker, 146 Wintrop Ave, Albany, NY 3. Tina Lieberman, 30 Aspen Circle, Albany, NY 4. Ali Willis, 23 Marshall St, Albany, NY 5. Marlon Anderson, 214 Lark Street, Albany, NY There being no further members of the public wishing to speak, President Ellis declared the public hearing on Ordinance 10.51.19 (As Amended) closed. PUBLIC COMMENT PERIOD 1. Marlon Anderson, 214 Lark Street, Albany, NY (General Issues with City) 2. Steve Burke, 11 Clarendon Rd, Albany, NY (High Density Residential Proposal) 3. Steve Sokal, 36 Tudor Rd, Albany, NY (Res. 56.72.19R) 4. Elizabeth Berberian, 25 Clarendon Rd, Albany, NY (Neighborhood Development) 5. Beverly Bardequez, 14 Rapp Rd, Albany, NY (Hispanic Rapp Rd Community) 6. Brenda Robinson, 266 Livingston Ave, Albany, NY (Arbor Hill Softball Park) 7. Nancy Benedict, 31 Forest Rd, Delmar, NY (PEG Oversight Board) 8. Timothy Looker, 146 Winthrop Ave, Albany, NY (Res. 56.72.19R) 9. James Tucker, 1 Lincoln Ave, Albany, NY (Disrespect of Lower Wards) 10. Tina Lieberman, 30 Aspen Circle, Albany, NY (Update on Community Choice Aggregation) 11. Vincent Rigosu, 13 Beach Ave, Albany, NY (Planning Committee) 12. Maura McNutty, 68 Clermont Street, Albany, NY (Neighborhood Development) 13. Teray Croley, 393 Second Street, Albany, NY (Arbor Hill Softball Park) 14. Margie Sheehan, 32 Buckingham Rd, Albany, NY (563 New Scotland Development) 15. Alicia Parker, 191 Sheridan Ave, Albany, NY (563 New Scotland Development) 16. Deckey Lawson, 18 Judson Street, Albany, NY (Arbor Hill Softball Park) 17. Danielle Williams, 9 Rico Rd, Clifton Park, NY (Arbor Hill Softball Park) 18. Kyesha Brown, 142 Lark Drive, Albany, NY (Arbor Hill Softball Park) 19. Charles Obar Robinson, 404 Livingston Ave, Albany, NY (General Issues with City) 20. Ali Willis, 23 Marshall St, Albany, NY (Neighborhood Development) There being no further speakers, President Ellis declared the Public Comment Period closed. Approval of Minutes Majority Leader Kimbrough made a motion, which was duly seconded, to approve the minutes of April 15, May 20, June 3, June 18, July 1, and July 15, 2019 regular meetings of the Council, which was APPROVED by unanimous voice vote. CONSIDERATION OF LOCAL LAWS: Majority Leader Kimbrough held the pending local law on the agenda for further consideration. REPORTS OF STANDING COMMITTEES: Planning, Economic Development and Land Use: Council Member Fahey reported that the committee met on July 29, 2019 to review Ordinance 10.51.19 As Amended (Incentives for developers to use energy efficient and low impact designs), Resolution 55.72.19R (MC) (Appointment Adriana Le Blan as a member of the Board of Zoning Appeal) and Resolution 56.72.19R (MC) (require full environmental impact statement for 563 New Scotland Avenue). Ordinance 10.51.19 and Resolution 55.72.19R were moved out of committee with favorable recommendations. Resolution 56.72.19R (MC) was tabled for further discussion. CONSIDERATION OF ORDINANCES Council Member Hoey noticed the introduction of Ordinance 15.81.19 as follows, which was held for further consideration: Ordinance Number 15.81.19 AN ORDINANCE AMENDING CHAPTER 375 OF THE CODE OF THE CITY OF ALBANY (UNIFIED SUSTAINABLE DEVELOPMENT ORDINANCE) BY REPEALING SUBDIVISION III (WAIVERS) OF SUBSECTION (b) (PROCEDURE) OF SECTION 375-5(E)(14) (MAJOR DEVELOPMENT PLAN REVIEW) AND REQUIRING THAT ANY PERMIT FOR THE PURPOSES OF DEMOLITION OR BUILDING BE APPROVED ONLY IF ALL RELEVANT PRIOR APPROVALS OR CONDITIONS BY CITY, COUNTY, STATE OR FEDERAL DEPARTMENTS OR AGENCIES ARE MET The City of Albany, in Common Council convened, does hereby ordain and enact: Section 1. Subdivision III (Waivers) of subsection (b) (Procedure) of section 375-5(E)(14) (Major Development Plan Review) of Chapter 375 of the Code of the City of Albany (Unified Sustainable Development Ordinance) is hereby repealed Section 2. Subsection (c) (Review Criteria) of section 375-5(E)(1) (Building Permit) of Chapter 375 (Unified Sustainable Development Ordinance) is amended to read as follows: (c) Review Criteria An application for a Building Permit shall be approved only if the Chief Building Official determines that it is consistent with the adopted Building Code, Uniform Fire Code, any provisions of the USDO, and the Albany City Code. No permit shall be issued unless all relevant prior approvals or conditions required and imposed by City, County, State or Federal agencies or departments prior to building are met. No waiver or alteration of such condition may be made by the Chief Planning Official. Section 3. Subsection (c) (Review Criteria) of section 375-5(E)(17) (Demolition Permit) of Chapter 375 (Unified Sustainable Development Ordinance) is amended to read as follows: (xv) Whether any prior approval or condition has been imposed by a City, County, State or Federal agency or department which requires such approval or condition be met prior to any permit being issued in relation to the demolition of any proposed building or structure. Section 4. This ordinance shall take effect immediately Majority Leader Kimbrough referred Ordinance 15.81.19 to the Planning, Economic Development and Land Use Committee for further consideration. Majority Leader Kimbrough made a motion, which was duly seconded, requesting Majority Consent to add Ordinance 16.81.19 (MC) to the agenda. There being no discussion, the motion was adopted by voice vote. Council Member Fahey noticed the introduction of Ordinance 16.81.19 (MC) as follows, which was held for further consideration: ORDINANCE 16.81.19(MC) AN ORDINANCE AMENDING CHAPTER 375-3 (USE REGULATIONS) OF THE CODE OF THE CITY OF ALBANY (UNIFIED SUSTAINABLE DEVELOPMENT ORDINANCE) IN ORDER TO CLARIFY THE APPROVAL PROCESS FOR TELECOMMUNICATIONS INSTALLATIONS The City of Albany, in Common Council convened, does hereby ordain and enact: Section 1. Subparagraph (i) (Telecommunications Towers) of Paragraph (p) (Towers) of Subsection (3) (Civic and institutional Uses) of Paragraph (C) (Use Specific Standards) of Chapter 375-3 (Use Regulations) of the Code of the City of Albany (Unified Sustainable Development Ordinance) is amended as follows: O. Other Approvals All telecommunications equipment installation/deployment must comply with the telecommunication application process, including aesthetic standards and authorization to access any city owned property, as promulgated by the Chief Planning Official for the City of Albany. Section 2. A new sub-paragraph (v) is added to paragraph (c) (Review Criteria) of Section 9 (Revocable Sidewalk Permit) of Section E (Specific Procedures) of Chapter 375-5 (Administration and Enforcement) of the Code of the City of Albany as follows: (v) All applications for telecommunications equipment installation/deployment must comply with the telecommunication application process, including aesthetic standards and authorization to access any city owned property, as promulgated by the Chief Planning Official for the City of Albany. Section 3. This ordinance shall take effect immediately. Majority Leader Kimbrough referred Ordinance 16.81.19 (MC) to the Planning, Economic Development and Land Use Committee for further consideration. Council Member Doesschate noticed Ordinance 10.51.19 As Amended, asked passage and a roll call vote thereon. ORDINANCE NUMBER 10.51.19 (As Amended) 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 incentives detailed above shall be suspended and not available for new development or redevelopment applications submitted between June 30, 2019 and June 30, 2020. Section 2. This ordinance shall take effect immediately, provided, however, that the changes shall only apply to development and redevelopment applications submitted after June 30, 2019. * Council Members Doesschate, O’Brien, Fahey and Balarin spoke on the Ordinance prior to passage. * Ordinance 10.51.19 As Amended was co-sponsored by Council Member Anane, Balarin, Fahey, Hoey, Igoe, Kimbrough, O’Brien and Robinson 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, Doesschate, Fahey, Farrell, Hoey, Igoe, Johnson, Kimbrough, O’Brien and Robinson Affirmative 11 Negative 0 Abstain 0 Majority Leader Kimbrough held the pending ordinances on the agenda for further consideration. CONSIDERATION OF RESOLUTIONS Council Member Doesschate offered Resolution 57.81.19R as follows, asked for its passage and a vote thereon: Resolution Number 57.81.19R RESOLUTION OF THE COMMON COUNCIL CERTIFYING LOCAL ADJUSTMENTS TO THE ADJUSTED BASE PROPORTIONS OF THE HOMESTEAD AND NON-HOMESTEAD CLASSES FOR THE ALBANY CITY SCHOOL DISTRICT FOR SCHOOL TAX PURPOSES FOR THE 2019 TAX YEAR PURSUANT TO NEW YORK STATE REAL PROPERTY LAW ARTICLE 19  WHEREAS, by Local Law No. 1-1998, the Common Council adopted provisions of Section 1903 of the Real Property Tax Law relating to the establishment and certification of the local adjustments to the adjusted base proportions of the homestead and non-homestead classes; and WHEREAS, the homestead and non-homestead locally adjusted base proportion for the Albany City School District for the assessment roll of 2019-2020 shall be the 2019 homestead and non-homestead locally adjusted base proportion as was determined pursuant to Section 1903 of the Real Property Tax Law based on the rates provided by the New York State Office of Real Property Tax Services to apply to the City; and NOW, THEREFORE BE IT RESOLVED, that the Common Council of the City of Albany does hereby certify the Albany City School District’s local adjustments to the adjusted base proportions pursuant to Real Property Tax Law Section 1903 as being the same as adopted by the Common Council for application to the 2019 tax year for the City. * Council Members Doesschate 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, Doesschate, Fahey, Farrell, Hoey, Igoe, Johnson, Kimbrough, O’Brien and Robinson Affirmative 11 Negative 0 Abstain 0 Council Member Doesschate offered Resolution 58.81.19R as follows, asked for its passage and a vote thereon: Resolution Number 58.81.19R RESOLUTION OF THE COMMON COUNCIL CONSENTING TO AN ADJUSTMENT IN SALARY FOR CERTAIN POSITIONS FOR THE 2019 BUDGET (AUDIT) WHEREAS, Section 604(D)(b) of the Charter of the City of Albany dictates that any transfer of budgeted funds that affects a salary rate or salary total that occurs outside of those described in the duly adopted budget must be consented to by the Common Council; and  WHEREAS, the Chief City Auditor of the City of Albany has requested amendments to the 2019 budget to increase by $1,500 the salary of the position of Accounting Analyst (A.1320.7000) by changing the annualized salary from $42,500 to $44,000, via the use of remaining funds in the Analyst line, and to make such adjustment retroactive to July 1, 2019; and 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 rate of one position in the Office of Audit and Control for the 2019 Budget. * Resolution 58.81.19 was co-sponsored by Council Member Anane 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, Doesschate, Fahey, Farrell, Hoey, Igoe, Johnson, Kimbrough, O’Brien and Robinson Affirmative 11 Negative 0 Abstain 0 Majority Leader Kimbrough made a motion, which was duly seconded, requesting Majority Consent to add Resolution 59.81.19R (MC) to the agenda. There being no discussion, the motion was adopted by voice vote. Majority Leader Kimbrough on behalf of Council Member Applyrs offered Resolution 59.81.19R (MC) as follows, asked for its passage and a vote thereon: Resolution Number 59.81.19R (MC) RESOLUTION OF THE COMMON COUNCIL REAPPOINTING DONALD A HYMAN TO THE CABLE TELEVISION PUBLIC, EDUCATION AND GOVERNMENT ACCESS OVERSIGHT BOARD WHEREAS, pursuant to Section 42-376 of the Code of the City of Albany the Common Council of the City of Albany has the authority to appoint members of the Cable Television Public, Education and Government Access Oversight Board (“PEGAOB”). NOW, THEREFORE, BE IT RESOLVED, that the Common Council of the City of Albany hereby re-appoints Donald A. Hyman to the PEGAOB for a term ending July 1, 2022. * Resolution 59.81.19R (MC) was co-sponsored by Council Members Anane, Balarin, Doesschate, Hoey, O’Brien and Robinson 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, Doesschate, Fahey, Farrell, Hoey, Igoe, Johnson, Kimbrough, O’Brien and Robinson Affirmative 11 Negative 0 Abstain 0 Council Member Fahey noticed Resolution 55.72.19R (RESOLUTION OF THE COMMON COUNCIL CONFIRMING THE APPOINTMENT OF ADRIANA LE BLAN AS A MEMBER OF THE BOARD OF ZONING APPEALS), which had been previously introduced, asked passage and a roll call vote thereon. * Resolution 55.72.19R was co-sponsored by Council Members Anane, Balarin, Doesschate, Farrell, Hoey, Igoe and O’Brien 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, Doesschate, Fahey, Farrell, Hoey, Igoe, Johnson, Kimbrough, O’Brien and Robinson Affirmative 11 Negative 0 Abstain 0 Majority Leader Kimbrough held the remaining Resolutions on the pending agenda for further consideration. MISCELLANEOUS AND UNFINISHED BUSINESS: The following Council Members commented on the following topics: Council Member O’Brien (Resolution 56.72.19R (MC) and Rapp Road) Council Member Johnson (Gun Violence and Youth Program) Council Member Robinson (Arbor Hill Park Incident) Council Member Balarin (Problem in the City) Council Member Hoey (USDO & Jared’s Farewell) Council President Corey Ellis (Arbor Hill Softball Park) ADJOURNMENT There being no further business, Majority Leader Kimbrough made a motion to adjourn, which was duly seconded and adopted by unanimous voice vote. President Ellis declared the meeting adjourned at approximately 9:43 pm. Respectfully Submitted Michele Andre Legislative Aide to the Common Council