Common Council Caucus & Regular Meeting

CITY OF ALBANY COMMON COUNCIL MINUTES OF A REGULAR MEETING MONDAY, September 16, 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, Michele Andre, Jared Pellerin The roll being called, the meeting was called to order by President Ellis at 7:09 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 13.71.19 AN ORDINANCE AMENDING CHAPTER 375 OF THE CODE OF THE CITY OF ALBANY (UNIFIED SUSTAINABLE DEVELOPMENT ORDINANCE) CHANGING THE ZONING CLASSIFICATIONS OF 140 HAMILTON STREET, 42 AND 44 PHILIP STREET FROM “TOWNHOUSE” (R-T) TO “MIXED-USE NEIGHBORHOOD CENTER” (MU-NC) AND AMENDING THE ZONING MAP ACCORDINGLY Council Member Johnson spoke on the ordinance. There being no members of the public wishing to speak, President Ellis declared the public hearing on Ordinance 13.71.19 closed. PUBLIC COMMENT PERIOD 1. Mabel Pietraniello, 77 Elliot Rd, Greenbush, NY (Ruby Hughes Street Renaming) 2. Tina Lieberman, 30 Aspen Circle, Albany, NY (Food Waste Reduction Grant) 3. Alana Klein, 29 Glenwood St, Albany, NY 4. Harris Oberlander, 38 Van Schock Ave, Albany, NY (Ruby Hughes Street Renaming) 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 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), which had been previously introduced, requested passage and a roll call vote thereon. * Local Law C – 2019 was co-sponsored by Council Members Anane, Applyrs, Balarin, Conti, Doesschate, Fahey, Flynn, Hoey, Igoe, Johnson, Kimbrough, Love, and O’Brien There being no further discussion, President Ellis called for a roll call vote thereon and the Local Law was ADOPTED: The Local Law 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 Council Member Flynn noticed Local Law D - 2019 (A LOCAL LAW AMENDING SUBSECTION A OF SECTION ONE (CIVIL ACTIONS; REQUIREMENTS TO FILE) OF CHAPTER TWENTY-FOUR (CLAIMS AGAINST THE CITY) OF THE CODE OF THE CITY OF ALBANY TO REFLECT THE CORRECT TITLE OF THE COMMISSIONER OF GENERAL SERVICES), which had been previously introduced, requested passage and a roll call vote thereon. * Local Law D – 2019 was co-sponsored by Council Members Anane and O’Brien There being no further discussion, President Ellis called for a roll call vote thereon and the Local Law was ADOPTED: The Local Law 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 held the pending local law on the agenda for further consideration. REPORTS OF STANDING COMMITTEES: Finance, Assessment and Taxation: Council Member Doesschate reported that the committee met on September 9, 2019 to review Local Law C (allowing for the partial payment of taxes by taxpayers and to establish the penalties for non-payment) which was favorably reported out, Budget development, and 2nd quarter 2019 Treasurer report. Planning, Economic Development and Land Use: Council Member Fahey reported that the committee met on September 11, 2019 for City of Albany Industrial Development Agency (IDA) and Capital Resource Corporation (CRC) update and September 12, 2019 to review Ordinance 16.81.19 (telecommunications installations) and Ordinance 13.71.19 (Hamilton & Philip Streets rezoning). Ordinance 13.71.19 was moved out of committee with a favorable recommendations Ordinance 16.81.19 was tabled for further discussion. Council Operations and Ethics: President Pro Tem Conti reported that the committee met on September 11, 2019 to review Resolution 63.91.19 (amends sec. 4.11 of the Council's Rules of Procedure to allow the President Pro Tem to assign sponsorship of legislation submitted by the Mayor or an executive branch agency). Resolution 63.91.19 was moved out of committee with a favorable recommendation. CONSIDERATION OF ORDINANCES Council Member Johnson noticed Ordinance 13.71.19 (AN ORDINANCE AMENDING CHAPTER 375 OF THE CODE OF THE CITY OF ALBANY (UNIFIED SUSTAINABLE DEVELOPMENT ORDINANCE) CHANGING THE ZONING CLASSIFICATIONS OF 140 HAMILTON STREET, 42 AND 44 PHILIP STREET FROM “TOWNHOUSE” (R-T) TO “MIXED-USE NEIGHBORHOOD CENTER” (MU-NC) AND AMENDING THE ZONING MAP ACCORDINGLY), which had been previously introduced, requested passage and a roll call vote thereon. * Council Members Johnson and Fahey spoke on the Ordinance prior to passage. 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, 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 held the pending ordinances on the agenda for further consideration. CONSIDERATION OF RESOLUTIONS Council Member Farrell noticed the introduction of Resolution 65.92.19 as follows, which was held for further consideration: Resolution Number 65.92.19R RESOLUTION OF THE COMMON COUNCIL REAPPOINTING STEPHEN MCLAUGHLIN AS A MEMBER OF THE BOARD OF ASSESSMENT REVIEW RESOLVED, that Stephen McLaughlin is hereby re-appointed as a member of the Board of Assessment Review for a term of office ending September 30, 2024. BE IT FURTHER RESOLVED, that this resolution shall take effect immediately. President Pro Tem Conti offered Resolution 66.92.19R as follows, asked for its passage and a vote thereon: Resolution Number 66.92.19R RESOLUTION OF THE COMMON COUNCIL APPROVING THE CITY’S EXECUTION OF A COOPERATIVE PURCHASING AGREEMENT WITH EMPIRE STATE MUNICIPAL PURCHASING GROUP WHEREAS, the City of Albany, desires to participate in the statewide purchasing program of the Empire State Municipal Purchasing Group; and WHEREAS, the City of Albany, has submitted an application to be a Member in the Empire State Municipal Purchasing Group (hereinafter ESMPG), a program created by local governments in accordance with and pursuant to the General Municipal Law, Section 119-o; and WHEREAS, the City of Albany is of the opinion that participation in the ESMPG will be highly beneficial to the taxpayers of the local government or their non-profit organization through the efficiencies and potential savings to be realized; and WHEREAS, the ESMPG Member desires to participate and join with other New York State local governments and non-profit organizations in a Cooperative Purchasing Agreement (“Agreement”) for the purpose of fulfilling and implementing their respective public and governmental purposes, needs, objectives, programs, functions, and services; and NOW, THERFORE, BE IT RESOLVED, that the City of Albany does request that the ESMPG allow its municipal government to use the ESMPG’s Statewide Bid Notification and E- Procurement System and also request that the ESMPG include its stated needs in ESMPG’s Cooperative Bids if so decided on a case-by-case basis. ESMPG Members may be allowed to purchase those items from the ESMPG’s contracts, and the ESMPG is authorized to sign and deliver all necessary requests and other documents in connection therewith for and on behalf of the ESMPG members that have elected to participate; and be it further RESOLVED, that the City Council of the City of Albany does hereby authorize the Mayor to execute the Cooperative Purchasing Agreement; and it is further RESOLVED, that the execution of this Resolution shall evidence the election of the ESMPG Member to become members of the ESMPG upon the terms and conditions stated. The governing Board has, at the time of adoption of this Resolution had, full power and lawful authority to adopt the foregoing Resolution and to confer the obligations, powers, and authority to the persons named, who are hereby granted the power to exercise the same. 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 67.92.19R (MC) to the agenda. There being no discussion, the motion was adopted by voice vote. Council Member Hoey offered Resolution 67.92.19R (MC) as follows, asked for its passage and a vote thereon: Resolution Number 67.92.19R (MC) RESOLUTION OF THE COMMON COUNCIL WELCOMING FRANCIS FORD COPPOLA TO ALBANY AND THANKING HIM FOR HIS LIFETIME OF WORK WHEREAS, Francis Ford Coppola is one of the greatest American Motion Picture Director; screenplay writer and Producer and involved with important films such as the Godfather, Apocalypse Now, The Great Gatsby and many more; and WHEREAS, Francis Ford Coppola hired William Kennedy, who founded the University at Albany’s NYS Writers Institute, to co-write the script for “The Cotton Club”; and WHEREAS, Francis Ford Coppola restored and re-edited “The Cotton Club” 35 years after the original version was released, to make the film the way he originally intended it to be made using his own money to do so; and WHEREAS, Francis Ford Coppola along with William Kennedy will be in Albany Sunday October 6, 2019 to show the film in the Hart Theatre in the Egg at 2pm. NOW THEREFORE BE IT RESOLVED, that the Albany Common Council welcomes Francis Ford Coppola to Albany and thanks him for his lifetime of work. * Resolution 67.92.19R (MC) was co-sponsored by Council Members Anane, Applyrs, Balarin, Conti, Doesschate, Fahey, Flynn, Hoey, Igoe, Johnson, Kimbrough, Love, 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, Applyrs, Balarin, Conti, Doesschate, Fahey, Farrell, Flynn, Hoey, Igoe, Johnson, Kimbrough, Love, and O’Brien Affirmative 14 Negative 0 Abstain 0 Council Member Conti noticed Resolution 63.91.19R (RESOLUTION OF THE COMMON COUNCIL AMENDING ARTICLE 4 (INTRODUCTION OF LEGISLATION) OF THE RULES OF PROCEDURE OF THE CITY OF ALBANY COMMON COUNCIL IN RELATION TO AUTHORIZING SPONSORSHIP OF LEGISLATION BY STANDING COMMITTEES OF THE COUNCIL), which had been previously introduced, asked passage and a roll call vote thereon. * Resolution 63.91.19R was co-sponsored by Council Members Kimbrough 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 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 Johnson (Ruby Hughes Street Renaming) 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 7:54 pm. Respectfully Submitted Michele Andre Legislative Aide to the Common Council