Common Council Caucus & Regular Meeting

CITY OF ALBANY COMMON COUNCIL MINUTES OF A REGULAR MEETING MONDAY, August 19, 2019 Members Present: Anane, Applyrs, Balarin, Conti, Doesschate, Fahey, Farrell, Flynn, Hoey, Igoe, Johnson, Kimbrough, Love, O’Brien, and Council President Ellis Staff Present: Danielle Gillespie, Sarah Valis, Michele Andre The roll being called, the meeting was called to order by President Ellis at 7:12 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). Edward Vinning, 59 Ramsey Place, Albany, NY 12208 (Neighborhood Development) 3). Rose Marie Roesch, Ramsey Place, Albany, NY 12208 (Neighborhood Development) 4). Peter Sheehan, 32 Buckingham Dr., Albany, NY 12208 (563 New Scotland Ave) 5). Elizabeth Deberian, 25 Clarendon Rd, Albany, NY 12203 (Neighborhood Development) 6). Margie Sheehan, 32 Buckingham Dr., Albany, NY 12208 (563 New Scotland Ave) 7). Thomas & Mary King, 148 Clinton Ave, Albany, NY 12203 (Convert Street to One Way) 8). Zachary Simpson, 175 Homestead Ave, Albany, NY 12206 (563 New Scotland Ave) 9). Maura McNutty, 168 Clermont Street, Albany, NY 12203 (USDO) 10). Vincent Rigosu, 13 Beach Ave, Albany, NY 12203 (USDO) 11). Steve C. Raven, 310 South Allen Street, Albany, NY 12208 (Allen Street Construction) 12). Nancy Benedict, 31 Forest Rd, Delmar, NY (Channel Albany & Open Media) 13). Alana Klein, 29 Glenwood Street, Albany, NY 12208 (Civic Engagement) 14). Phillis McLaughlin, 8 Theatre Row, Albany, NY (Parking Permit) 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 Council Member Doesschate noticed the introduction of Local Law C - 2019 as follows, which was held for further consideration: Local Law C - 2019 A LOCAL LAW AMENDING ARTICLE II (ASSESSMENT AND COLLECTION OF TAXES) OF CHAPTER 333 (TAXATION) OF THE CODE OF THE CITY OF ALBANY IN RELATION TOAUTHORIZING THE PAYMENT OF REAL PROPERTY TAXES BY WAY OF INSTALLMENTS AND ESTABLISHING THE RATE OF PENALTY FOR NON-PAYMENT THEREOF  BE IT ENACTED by the Common Council of the City of Albany as follows: Section 1. Article II of Chapter 333 of the Code of the City of Albany is amended by adding a new section 333-33.2 to read as follows: §333-33.2 Installment Payments and the Imposition of Penalties A. Pursuant to the authority granted in NYS RPTL 928-a, and notwithstanding any other provision of law which relates to the collection of real property tax owed or to the imposition of penalties or interest therefor for a late payment owed, property taxes may be paid in installments, and the City Treasurer is authorized to accept payments in installments for such property taxes owed to the City of Albany pursuant to its annual Tax Warrant as follows: a first installment of half (50%) of the total tax due on or before the appropriate date as required by law (currently either January 31 or February 6 annually), and payment of the remaining amounts due, with interest, as determined pursuant to NYS RPTL Section 924-a. A. Pursuant to the authority granted in NYS RPTL 924-a, and notwithstanding any other provision of law which relates to the application of penalties or interest for late payment of annual property taxes; the penalty for late payment of property taxes in the City of Albany shall be: 4% in the first month or fraction thereof, for any amount of property tax that is not timely received by the City Treasurer in whole, or in part pursuant to an installment payment authorized by local or state law. After the first month of late payment, the penalty shall be an additional 1% in each succeeding month or any fraction thereof. Any property taxes remaining unpaid at the expiration of the Tax Warrant period shall be subject to additional penalties as determined by Albany County. Section 2. This local law shall take effect upon final passage, public hearing and filing with the Secretary of State. President Pro Tem Conti referred Local Law C - 2019 to the Finance, Assessment and Taxation Committee for further consideration. President Pro Tem Conti held the remaining local laws on the pending agenda. Reports of Standing and Ad Hoc Committees There were no reports of standing and Ad Hoc Committees. Consideration of Ordinances Council Member Fahey WITHDREW Ordinance 33.91.18 (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 THE CODE OF THE CITY OF ALBANY IN RELATION TO THE OPERATION OF BLOOD PLASMA CENTERS), which had been previously introduced. President Pro Tem Conti held the remaining Ordinances on the pending agenda for further consideration. Consideration of Resolutions Council Member Balarin noticed Resolution 60.82.19R, asked passage and a roll call vote thereon. Resolution Number 60.82.19R RESOLUTION OF THE COMMON COUNCIL IN HONOR OF THE 2019 ALBANY LATINFEST WHEREAS, the Albany Latin Festival Association, a volunteer organization of committed community residents, will produce the Albany LATINFEST, in conjunction with, Price Chopper/Market 32, the City of Albany, the University at Albany Foundation and NYSUT; and WHEREAS, 2019 marks LatinFest’s twenty fourth year; and WHEREAS, LatinFest will take place at Washington Park on August 24, 2019 from 11am to 6pm; and WHEREAS, Latinos contribute in many positive ways to the Capital Region community and to the nation; and WHEREAS, the Albany Latin Festival Association has established the Albany LATINFEST as a formal and free performance event celebrating Hispanic culture through presentations of local, regional and international Hispanic performing artists. LATINFEST is promoted and produced as a family oriented event and has become the single largest event of its kind in the Capital Region attracting close to 20,000 community members and visitors throughout the day; and WHEREAS, by presenting the event at Washington Park, LATINFEST will bring a formal cultural presentation to residents who have been under served by traditional cultural institutions and those least able to attend other regional cultural events due to prohibitive costs and transportation barriers. While this event is designed as a celebration of the cultural contributions of the most rapidly expanding ethnic group in Albany (i.e. Hispanics), the ideal location provides the opportunity for all members of the surrounding Albany community to share in an event that promises to enhance their appreciation of the city’s expanding cultural diversity; and WHEREAS, the Albany Latin Festival Association (ALFA) was founded during the summer of 1996 by Pedro Diaz, Vicente Alfonso, Carlos Maldonado, and other committed community members to feature the music and dance representative of the Hispanic American cultural traditions that have contributed to the contemporary performing arts; and  NOW, THEREFORE, BE IT RESOLVED, that the Common Council of the City of Albany hereby congratulates the festival organizers and supporters of this event, thanks them for their efforts and wishes them success with the 2019 LATINFEST. * Resolution 60.82.19 was co-sponsors by Council Members Anane, Applyrs, Balarin, Conti, Doesschate, Fahey, Farrell, Flynn, Hoey, Igoe, Johnson, Kimbrough, Love, and O’Brien * Council Balarin 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, and O’Brien Affirmative 14 Negative 0 Abstain 0 President Pro Tem Conti made a motion, which was duly seconded, requesting Majority Consent to add Resolution 61.82.19 (MC) to the agenda. There being no discussion, the motion was adopted by voice vote. Council Members Flynn, Anane and Farrell noticed the introduction of Resolution 61.82.19 (MC) as follows, which was held for further consideration: Resolution Number 61.82.19R (MC) RESOLUTION OF THE ALBANY COMMON COUNCIL CONGRATULATING THE ALBANY EMPIRE FOOTBALL TEAM ON WINNING THE ARENA FOOTBALL LEAGUE CHAMPIONSHIP AND ARENABOWL 32 WHEREAS, The Albany Empire is a professional arena football team who joined the Arena Football League in 2018; and WHEREAS, The Albany Empire follows the success of its predecessor the Albany Firebirds, who took home Albany’s first ArenaBowl in 1999; and WHEREAS, the Albany Empire were the top overall seed heading into ArenaBowl 32 after defeating the Baltimore Brigade in the semifinals to claim their spot in the championship game; and WHEREAS, under the leadership of Coach Rob Keefe, and before 12,042 screaming fans, the Albany Empire tasted sweet victory as they defeated the Philadelphia Soul 45-27 to claim the 2019 Arena Football League Championship and ArenaBowl 32 on Sunday, August 11th, 2019; WHEREAS, the Empire’s quarterback, Tommy Grady, completed 16 of 25 passes for 200 yards and five touchdowns to earn the game’s Most Valuable Player Award; and WHEREAS, Empire receiver, Quentin Sums, hauled I nine catched for 93 yards, and four receiving touchdowns to be named the Offensive Player of the game; and WHEREAS, defensive back, Maurice Leggett was named Defensive Player of the Game after he returned an interception for a touchdown and recovered a fumble; and WHEREAS, the community takes great pride in calling the Albany Empire their home team; and WHEREAS, the City of Albany has delighted in the electrifying performances of the Albany Empire, as their level of play and sportsmanship is the epitome of professional athletics; NOW, THEREFORE, BE IT RESOLVED, that the City of Albany Common Council wishes to congratulate the Albany Empire on their 2019 Arena Football League championship winning game and for bringing the Arena Bowl trophy home to Albany. President Pro Tem Conti held the remaining Resolutions on the pending agenda for further consideration. Miscellaneous or Unfinished Business Council Member O’Brien (Withdrawal of Ordinance 33.91.18) Council Member Conti (Parking Permit) Council Member Igoe provided notice of his intent to offer a Motion to Discharge the Committee on Planning, Economic Development and Land Use from further consideration of Resolution 56.72.19R at the September 5, 2019 meeting of the Council and, if successful, to move for adoption of such resolution. 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 8:09 pm. Respectfully Submitted Michele Andre Legislative Aide to the Common Council