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Common Council Caucus & Regular Meeting

Regular Meeting

Albany, NY · November 18, 2019

AgendaMinutes

Minutes

CITY OF ALBANY COMMON COUNCIL MINUTES OF A REGULAR MEETING MONDAY, November 18, 2019 Members Present: Anane, Applyrs, Balarin, Conti, Doesschate, Farrell, Flynn, Hoey, Igoe, Johnson, Love, Kimbrough, O’Brien, Robinson and Council President Ellis Staff Present: Danielle Gillespie, Michele Andre, Marisa Franchini The roll being called, the meeting was called to order by President Ellis at 7:29 pm; Council Members recited the Pledge of Allegiance followed by a moment of silence. PUBLIC COMMENT PERIOD 1. Marlon Anderson, 214 Lark Street, Albany, NY (Democracy) 2. Gene Solan, 16 Prospect Terrace, Albany, NY (Albany Police Dept.) 3. Gregory Magee, 63 Colvin Ave, Albany, NY (APD & AFD Communication) 4. Brain Shea, Albany, NY (Budget) 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 on the behalf of Finance, Assessment and Taxation amends Local Law E-2019 as follows, which was held for further consideration: LOCAL LAW E-2019 As Amended A LOCAL LAW AMENDING ARTICLE I (REMOVAL OF GARBAGE) OF CHAPTER 313 (SOLID WASTE) OF THE CODE OF THE CITY OF ALBANY REGARDING THE CURBSIDE WASTE COLLECTION AND SECTION 5 OF LOCAL LAW I-2016 IN RELATION TO THE EXPIRATION THEREOF BE IT ENACTED by the Common Council of the City of Albany as follows: Section 1. Subsections B, D, H and I of Section 313-3 of Article I of Chapter 313 of the Code of the City of Albany, as added by Local Law 1-2016, is hereby amended to read as follows: B. There is hereby established a curbside waste collection fee for residential dwellings eligible for such service under subsection A of this section. Such fee shall offset the cost of curbside collection, and for calendar year 2016 shall be in the amount of $180 per unit per year, except that for the calendar year periods prior to calendar year 2019 such fee shall not apply to the first unit of a dwelling. For calendar year periods after 2016 and prior to 2019, such fee shall be annually reviewed and adjusted in accordance with Subsection I of this section. For calendar year 2019 and thereafter such fee shall be in the amount of $90 per unit. (1) The number of dwelling units to be charged fees with regard to any property shall be determined by the number of dwelling units indicated on the certificate of occupancy or based on the records maintained by the Department of Assessment and Taxation for said property. (2) For calendar year periods prior to 2019, with respect to a parcel of property containing a duplex or condominium of fewer than five units, for purposes of this Article and upon submission of sufficient proof to the Department of Buildings and Regulatory Compliance that each dwelling unit is owned and occupied by separate persons, each unit will be entitled to one weekly curbside collection. D. Penalties for nonpayment. After three months of nonpayment, a property owner who fails to pay charges that have been established and imposed for the curbside collection program, a penalty of $50 per unit will be added to the base curbside collection fee. After six months of nonpayment, $100 will be imposed on top of the previous late fee and the curbside collection fee. H. The Treasurer shall establish and maintain a separate curbside collection fund to record and control the financial activity related to the provisions of solid waste collection by the City. This fund shall be maintained on the same fiscal year as that of the City. Each year the Mayor, at the time of the submission of the annual budget to the Common Council, shall submit a statement of estimated revenues, expenditures and changes in the fund as well as the fund balance for the current fiscal year, together with an estimate of expenditures for the next fiscal year. The Mayor shall also, at the same time, recommend a basic rate sufficient to meet the estimated expenditures for the next fiscal year, taking into consideration the estimated surplus or deficit accruing from the fund operations in the current year and other sources of revenue. I. The Mayor, as part of the budget process, shall propose the fees charged by the City for curbside waste collection annually. A schedule of the annual collection fees shall be approved by the Common Council by resolution and maintained on file in the Commissioner's office and in the Office of City Clerk. Fees assessed for curbside collection services provided by the City shall not exceed the full cost of providing said service. Any surplus of funds in any year shall be carried over to the following year and shall be used solely to fund curbside collection services by the City. Section 2. Section 5 of Local Law 1-2016, amending Chapter 313 (Solid Waste) of the Code of the City of Albany in relation to establishing a curbside waste collection fee, is amended to read as follows: Section 5. This local law shall take effect upon final passage, public hearing and filing with the Secretary of State; provided, however, that it shall be deemed to have been in full force and effect on and after January 1, 2016 and that the amendments made to Chapter 313 of the Code of the City of Albany by Section 2 of this local law shall be deemed repealed and of no further force and effect for the period after December 31, 20192022. Section 3. Except as herein amended the provisions of Chapter 313 are hereby ratified, continued and approved. Section 4. This local law shall take effect upon final passage, public hearing and filing with the Secretary of State, provided that the amendments made to section 313-3 of Chapter 313 of the Code of the City of Albany by section 1 of this local law shall not affect the expiration of, and shall expire at the same time and manner as provided in section 5 of Local Law 1-2016 as amended; and, provided further that the amendment to subsection D of section 313-3 of Chapter 313 of the Code of the City of Albany, as made by section 1 of this local law, shall be deemed to have been in full force and effect for curbside waste collection fees due and payable during calendar year 2019. President Pro Tem Kimbrough held remaining local laws on the pending agenda. REPORTS OF STANDING COMMITTEES: Council Operations and Ethics: Council Member Conti reported that the committee met on November 12, 2019 on Ordinance 32.101.19 (waive the fee for obtaining a marriage license for those members of the public who are serving active duty in the United States Armed Forces and to reduce the fee for a certificate of marriage from $15 to $10) and Ordinance 34.101.19 (MC) (raise the fee for birth and death records to $15). Ordinance 32.101.19 was reported out of committee with a positive recommendation. Committee will meet November 25, 2019 on Ordinance 37.102.19 (To create a process for proposing, approving and posting honorary street re-naming). PEG Access Ad Hoc: Council Member O’Brien interviewed PEG Access Oversight Board (PEGAOB) applicants and put forward two recommendations (Zachary Simpson and Aprecia Cabey) to Council. CONSIDERATION OF ORDINANCES Council Member Love noticed the introduction of Ordinance 43.112.19 as follows, which was held for further consideration: Ordinance Number 43.112.19 AN ORDINANCE OF THE COMMON COUNCIL AUTHORIZING THE SALE TO ALBANY COUNTY HISTORICAL SOCIETY OF A CITY-OWNED VACANT LOT AT 142 LIVINGSTON AVENUE The City of Albany, in Common Council convened, does hereby ordain and enact: Section 1. It is hereby ordered and directed that all the right, title and interest of the City of Albany in and to the undeveloped parcel at 142 Livingston Avenue, parcel identification number 65.74-4-13, be sold at private sale pursuant to the provisions of Local Law No. 4 of 1984 to the Albany County Historical Society. SUBJECT to all easements, restrictions and rights-of-way of record. Section 2. It is hereby determined that the aforesaid property has been abandoned for municipal or public purposes. Section 3. The form, content, terms and conditions of such conveyance shall be approved by the Corporation Counsel and shall be subject to the approval of the Board of Estimate and Apportionment, and if approved by said Board, the Mayor is hereby authorized and directed to execute a proper deed of conveyance for a valuable consideration. Section 4. This ordinance shall take effect immediately. President Pro Tem Kimbrough referred Ordinance 43.112.19 to the Planning, Economic Development and Land Use Committee for further consideration. Council Member O’Brien noticed the introduction of Ordinance 44.112.19 as follows, which was held for further consideration: Ordinance Number 44.112.19 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 The City of Albany, in Common Council convened, does hereby ordain and enact: Section 1. Paragraph B (Permitted Use Table); Paragraph C (Use-Specific Standards) of Part 3 of Chapter 375 and Part 6 (Definitions and Rules of Construction) of Chapter 375 (Unified Sustainable Development) of the Code of the City of Albany is amended to read as follows: Section 375-3 USE REGULATIONS (B) PERMITTED USE TABLE Table 375-1: Permitted Use Table P=Permitted Use | C=Conditional Use | A=Accessory Use | T=Temporary Use | V=Vacant Property Use Special Residential Mixed-Use Purpose Proposed Zoning District Use-Specific R-1L R-1M R-2 R-T R-M R-V MU-NE MU-NC MU-CU MU-CH MU-DT MU-CI MU-FW MU-FC MU-FS MU-FM I-1 I-2 LC Standard in Section LAND USE CATEGORY 375-3 OFFICE & SERVICES Retail Blood Plasma Center C C C C (C)(4)(d)(1) Funeral Home or Crematorium V C C P C V V V V V (C)(4)(d)(12) Office P P P P P P P P P P P A (C)(4)(d)(23) Personal or Business Service C P P P P P P P P P P P (C)(4)(d)(34) Trade School C P P P P P P P P P P (C)(4)(d)(45) (C) USE-SPECIFIC STANDARDS Section 375-3©(4)(d) (i) BLOOD PLASMA CENTER A. Facilities must be at least 1,000 feet from the nearest boundary line of a lot with a Household Living use, a Group Living use, a Religious Institution or a School or a Park; B. All equipment, samples and products must be stored inside the building; C. Facilities must provide and follow a management plan for handling litter, indoor queuing, security and loitering. D. Facilities shall include a waiting and departure lounge sufficient in size, but a minimum of one thousand (1,000) square feet, to accommodate all scheduled donors within one hour of their appointment and one hour after, as well as any anticipated drop-in customers. Such waiting areas shall include restroom facilities and be open at least one hour prior to the opening of the center for the use of waiting patrons. E. F. Facilities shall continuously comply with all applicable laws and regulations for safe disposal of blood products and human tissue and shall provide and follow written protocols for such compliance. Facilities shall continuously comply with allapplicable licensing and certification requirements, including those of the Albany County and New York State Health Departments. (ii) OFFICE FUNERAL HOME OR CREMATORIUM (iii) PERSONAL OR BUSINESS SERVICE OFFICE (iv) TRADE SCHOOL PERSONAL OR BUSINESS SERVICE (v) TRADE SCHOOL Section 375-6 DEFINITIONS AND RULES OF CONSTRUCTION Section 375-6(B) DEFINITIONS BLOOD PLASMA CENTER A facility used for the donation or sale by individual donors of blood plasma and other blood products which are obtained by plasmapheresis, which is the procedure whereby whole blood is removed from a plasma donor by venipuncture or phlebotomy, the plasma is separated therefrom for sale or transfer, and the formed elements of the blood are returned to the donor. This use does not include blood donation centers in which primarily whole blood is extracted from donors and used, transferred or sold, including but not limited to blood donation centers sponsored by the American Red Cross. Section 2. This ordinance shall take effect thirty (30) days after enactment. President Pro Tem Kimbrough referred Ordinance 44.112.19 to the Planning, Economic Development and Land Use Committee for further consideration. Council Member O’Brien and Anane noticed Ordinance 32.101.19 (AN ORDINANCE AMENDING SUBSECTION 9 (MARRIAGE LICENSE FEE) AND SUBSECTION 10 (CERTIFICATE OF MARRIAGE; FEE) OF ARTICLE IV (CERTIFICATES OF MARRIAGE) OF CHAPTER 245 (LICENSES) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO WAIVING THE FEE FOR MARRIAGE LICENSES FOR ACTIVE DUTY MEMBERS OF THE UNITED STATES ARMED FORCES AND ADJUSTING THE COST OF THE CERTIFICATE OF MARRIAGE), which had been previously introduced. * Council Member Anane spoke on the Ordinance prior to passage. There being no 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, Farrell, Flynn, Hoey, Igoe, Johnson, Kimbrough, Love, O’Brien and Robinson Affirmative 14 Negative 0 Abstain 0 Council Member Doesschate on the behalf of Finance, Assessment and Taxation noticed the introduction of Ordinance 33.101.19 As Amended, asked passage and a roll call vote thereon. Ordinance Number 33.101.19 As Amended AN ORDINANCE ADOPTING THE BUDGET AS PRESENTED BY THE MAYOR ON OCTOBER 1, 2019, FOR FISCAL YEAR 2020 The City of Albany in Common Council convened, does hereby ordain and enact: Section 1. The budget as presented by the Mayor on October 1, 2019 is hereby adopted as and for the Budget of the City of Albany for fiscal year 2020 as herein amended: INCREASE TO EXPENDITURES Account # Amount Debt Service – Serial Bonds A.9700.7601 $1,800,000 ______________________________________________________________________________ Subtotal Increase to Expenditures $1,800,000 ADDITIONS TO REVENUE Account # Amount Interfund Revenue – Interfund Transfers A.1000.5031.02 $1,800,000 ______________________________________________________________________________ Subtotal Additions to Revenue $1,800,000 Net Fiscal Impact of the Above Changes $1,800,000 The total revenues and expenditures for the categories listed above and the city budget as a whole shall also be amended to reflect the above increases and decreases. BUDGET CORRECTIONS, TECHNICAL AND FORMATTING AMENDMENTS In addition to the foregoing amendments, the following budget corrections, technical and formatting amendments shall also be made to the budget document for clarity, consistency, and accuracy: A. On page 8, below Total Revenue, add a new line: Appropriated Debt Fund Reserves: $1,800,000. Below that add a new line: Total Appropriations: $181,383,548. Change the total for Expenditures to $181,383,548. B. On page 9, add Appropriated Debt Reserve line for $1,800,000 with Revenue total being amended to $181,383,548. Adjust charts accordingly. C. On page 10, increase the amount for Debt Service to $23,633,600. Increase the Total to $181,383,548. Change the amount for Retirement to $14,658,313. Change the amount for Operating Expense to $27,165,914. Adjust charts accordingly. D. On page 11, increase A.9700 Debt Service to $20,107,426. Increase General Fund Total to $181,383,548. Change title page from “2019 Summary of Expenditures” to “2020 Summary of Expenditures”. E. On page 16, change A.5031.02 Interfund Transfers to $1,800,000 and Interfund Total Revenues to $1,865,378. F. On page 17, change the Total amount to $181,383,548. G. On page 45, eliminate revenue 2557 - Public Assembly Permit. H. On page 77, under Vital Statistics change the heading “2019 Actuals” to “2018 Actuals.” Under 1450- Elections, change the headings from 2017 Actuals, 2018 Adopted Budget, 2018 Amended Budget, and 2019 Proposed Budget to 2018 Actuals, 2019 Adopted Budget, 2019 Amended Budget, and 2020 Proposed Budget respectively. Change the 2018 Actuals amount to $150,255. Change the Category and Department Total to reflect the same. I. On page 84, A.9700.7601 Serial Bonds, change $15,505,000 to $17,005,000. Make the same change amount to the Category Total line below. Change 9700 Debt Service Department Total to $20,107,426. Change General Fund Total for the 2020 Proposed Budget on the bottom of the page to $181,383,548. J. On page 86, Increase borrowing for Engineering to $8,050,000 and Total to $13,263,145. Increase Borrowing, Other, and Total for Planning to $1,520,819, $6,009,481, and $7,530,100 respectively. Change 2020 Capital Plan totals to $16,616,619, $11,222,626, and $27,839,245 respectively. K. On page 87, increase Engineering Item 1 Street Reconstruction to $3,500,000. Amend Planning to add the following amounts and totals that were accidentally omitted from the Mayor’s original Proposed 2020 Budget : Planning 1 Pedestrian Experience Improvements - Clinton Ave. 281,990 2,818,010 3,100,000 2 Illuminated Pedestrian Underpass - Livingston Ave. - 250,000 250,000 3 Pedestrian & Vehicular Corridors 100,000 400,000 500,000 4 M aiden Lane 980,000 1,020,000 2,000,000 5 South End Connector Phase II 101,818 98,182 200,000 6 Hudson River Waterfront Gateway 15,000 85,000 100,000 7 BOA/LWRP 41,811 338,289 380,100 8 Tivoli Improvements - 1,000,000 1,000,000 Planning Total 1,520,619 6,009,481 7,530,100 Change totals to $16,616,619, $11,222,626, and $27,839,245 respectively. L. On page 88, amend the Five Year Capital Plan Summary to reflect the following amounts and totals that incorporate the changes made in amendments K and L above, as well as the addition of $800,000 in projects for Planning ($350,000 for the South End Connector Phase II; $300,000 for the Hudson River Gateway, and $150,000 for BOA/WRP that had been omitted from the Mayor’s Proposed 2020 Budget into the 5 Year Capital Plan : Department 2020 2021 2022 2023 2024 Total General Services 3,000,000 3,645,980 7,863,290 3,466,561 2,855,424 20,831,255 Engineering 13,263,145 11,613,145 9,113,145 9,763,145 9,763,145 53,515,725 Police Deparment 2,446,000 2,948,000 1,672,240 2,019,600 1,509,900 10,595,740 Fire Department 1,350,000 1,100,000 700,000 1,400,000 1,200,000 5,750,000 Planning 7,530,100 800,000 - - - 8,330,100 Recreation 250,000 250,000 250,000 250,000 250,000 1,250,000 Totals 27,839,245 20,357,125 19,598,675 16,899,306 15,578,469 100,272,820 M. On pages 86 and 88, change “2019 Capital Plan” to “2020 Capital Plan” N. On Page 89, insert the attached chart for the revised 5-year Capital Plan to include items that were accidentally omitted from the Mayor’s 2020 Proposed Budget. The amendments to this plan incorporate the changes reflected in amendments K, L and M above. Section 2. It is hereby ordered and directed that the sums set forth therein as expenditures are hereby appropriated in the amounts and for the several departments, offices and purposes specified therein. Section 3. It is further hereby ordered and directed that the sums set forth therein as revenues and the moneys necessary to be raised by tax in addition thereto to pay the expenses of conducting the business of the City shall be and are hereby applicable in the amounts specified for the purpose of meeting said appropriations. Section 4. This ordinance shall be effective immediately. * Council Members Doesschate, Hoey, Johnson, Robinson, Applyrs, O’Brien, Conti, Anane and Balarin spoke on the Ordinance prior to passage There being no 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, Farrell, Flynn, Hoey, Igoe and Kimbrough Negative – Doesschate, Johnson, Love, O’Brien and Robinson Affirmative 9 Negative 5 Abstain 0 President Pro Tem Kimbrough held the pending ordinances on the agenda for further consideration. CONSIDERATION OF RESOLUTIONS Council Member O’Brien on the behalf of General Service, Health and Environment noticed the introduction of Resolution 76.112.19R as follows, which was held for further consideration: RESOLUTION NUMBER 76.112.19R RESOLUTION APPROVING AN AMENDMENT TO THE FINANCING AGREEMENT BY AND AMONG THE ALBANY WATER BOARD, THE CITY OF ALBANY AND THE ALBANY MUNICIPAL WATER FINANCE AUTHORITY RELATING TO A CERTAIN PROJECT AND AUTHORIZING THE EXECUTION AND DELIVERY OF CERTAIN DOCUMENTS BY THE BOARD IN CONNECTION WITH THE ISSUANCE OF OBLIGATIONS BY THE ALBANY MUNICIPAL WATER FINANCE AUTHORITY WHEREAS, the Albany Municipal Water Finance Authority (the “Authority”) is undertaking a capital project consisting of the Water Filtration Plant and Distribution System Facility Improvements Project (the “Project”); and WHEREAS, the Authority has by supplemental bond resolution adopted on June 27, 2019 (the “Bond Resolution”) authorized the issuance of bonds and notes (collectively, the “Obligations”) by the Authority to finance the Project; and WHEREAS, pursuant to Section 1115-h(1) of the Public Authorities Law of the State of New York (the “Act”), the Albany Water Board (the “Board”), the City of Albany (the “City”), and the Authority have entered into an agreement dated as of October 1, 1987 (the “Financing Agreement”) for the purposes of providing for the construction and financing of certain projects described in Appendix A to the Financing Agreement; and WHEREAS, in connection with the financing of the Project by the Authority, it is necessary that the City, the Board, and the Authority enter into an amendment of the Financing Agreement to add the description of the Project to the list of projects to be financed; and WHEREAS, any potential environmental impacts of the undertaking of the Project have been previously addressed by the Authority in the Bond Resolution, and, therefore, no other determination or procedures under the State Environmental Quality Review Act (“SEQR”) is required; and WHEREAS, the Board convened a public hearing pursuant to the requirement of Section 1115- h(4) and Section 1115-h(6) of the Act on August 27, 2019; notice of such hearing being duly published pursuant to the Act, and such users of the System (as defined in the Financing Agreement) in attendance wishing to be heard were heard at that time; NOW, THEREFORE, BE IT RESOLVED by the Common Council as follows: Section 1. The Financing Agreement is hereby authorized to be amended to add the capital project described in Schedule A to this Resolution. Section 2. The members and officers of the City are hereby authorized and directed for and in the name and on behalf of the City to do all acts and things required and to execute and deliver all such additional certificates and instruments and to do all such further acts and things as may be necessary or in the opinion of the member or officer acting, desirable and proper to effect the purposes of the foregoing Resolution, and the issuance of the bonds, notes or other Obligations of the Authority in furtherance of the Project contemplated by the amendment of the Financing Agreement is hereby approved. Section 3. This resolution shall take effect immediately. Council Member Anane and Hoey noticed the introduction of Resolution 77.112.19R as follows, which was held for further consideration: RESOLUTION NUMBER 77.112.19R RESOLUTION OF THE COMMON COUNCIL IN SUPPORT OF THE NURSES OF ALBANY MEDICAL CENTER IN THEIR EFFORTS TO ENSURE THE IMPLEMENTATION OF SAFE-STAFFING LEVELS AND TO SECURE A FAIR CONTRACT WHEREAS, the Registered nurses at Albany Medical Center work every day to provide lifesaving care to individuals throughout our city and region; and WHEREAS, the registered nurses of Albany Medical Center voted to unionize last year with the New York State Nurses Association in part to advocate for fair wages, a good retirement plan, a better benefits package, and to have their voices heard in regards to safe staffing for better patient care; and WHEREAS, the registered nurses of Albany Medical Center (AMC) have called on AMC CEO and the Board of Directors to agree to a safe-staffing levels and a fair contract that respects the critical work they do on a daily basis. WHEAREAS, the Common Council of the City of Albany believes in the rights of workers to organize with Unions and the rights of Unionized workers to negotiate a collective bargaining agreements; and NOW, THEREFORE, BE IT RESOLVED, that the Common Council of the City of Albany does hereby express its support of the registered nurses represented by the New York State Nurses Association who are employed at Albany Medical Center in their efforts to ensure that safe-staffing policies are implemented at the hospital and to secure a fair contract. NOW, THEREFORE, BE IT RESOLVED that the Common Council of the City of Albany will stand with the Registered Nurses represented by NYSNA and employed at AMC and hereby call upon AMC CEO and its Board of Directors to immediately settle a fair and collectively negotiated agreement with the NYSNA represented nurses at AMC. Council Member O’Brien on the behalf of General Service, Health and Environment noticed the introduction of Resolution 78.112.19R as follows, which was held for further consideration: President Pro Tem Kimbrough made a motion, which was duly seconded, requesting Majority Consent to add Resolution 79.112.19R (MC), 80.112.19R (MC), 81.112.19R (MC), 82.112.19R (MC), and 83.112.19R (MC) to the agenda. There being no discussion, the motion was adopted by voice vote. Council Member Doesschate on the behalf of Finance, Assessment and Taxation Committee noticed the introduction of Resolution 79.112.19R (MC) as follows, which was held for further consideration: Resolution Number 79.112.19R RESOLUTION OF THE COMMON COUNCIL CONSENTING TO AN ADJUSTMENT IN SALARY FOR CERTAIN POSITIONS FOR THE 2019 BUDGET (WATER DEPARTMENT) 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 Commissioner of the Water Department of the City of Albany has requested amendments to the 2019 budget to create the position of Administrative Assistant with a yearly salary of $42,000, by transferring $5,000, from BW.8320.7000 (Source of Supply – Salaries) to BW.8310.7000 (Administration–Salaries) for 2019 budget. 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 Water Department for the 2019 Budget. President Pro Tem Kimbrough referred Resolution 79.112.19R to the Finance, Assessment and Taxation Committee for further consideration. Council Member Doesschate on the behalf of Finance, Assessment and Taxation Committee noticed the introduction of Resolution 80.112.19R (MC) as follows, which was held for further consideration: Resolution Number 80.112.19R (MC) RESOLUTION OF THE COMMON COUNCIL CONSENTING TO AN ADJUSTMENT IN SALARY FOR CERTAIN POSITIONS FOR THE 2020 BUDGET WHEREAS, Section 604(D)(b) of the Charter of the City of Albany dictates that any transfer of budgeted funds that affects a salary total that occurs outside of those described in the duly adopted budget must be consented to by the Common Council; and WHEREAS, the Budget Director has requested amendments to the 2020 proposed budget as detailed in “Attachment A” which is incorporated and attached to this resolution. NOW, THEREFORE, BE IT RESOLVED, that the Common Council of the City of Albany consents to the transfer of funds affecting the salary totals for various positions as detailed in “Attachment A” for the 2020 budget year. President Pro Tem Kimbrough referred Resolution 80.112.19R (MC) to the Finance, Assessment and Taxation Committee for further consideration. Council Member O’Brien noticed the introduction of Resolution 81.112.19R (MC), asked passage and a roll call vote thereon. Resolution Number 81.112.19R (MC) RESOLUTION OF THE COMMON COUNCIL APPOINTING ZACHARY SIMPSON 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 appoints Zachary Simpson to the PEGAOB for a term ending July 1, 2022. * Resolution 81.112.19R was co-sponsored by Council Members Anane, Doesschate, Farrell, Flynn, Hoey, Igoe, Love and Robinson * Council Members O’Brien spoke on the Resolution prior to passage There being no discussion, President Ellis called for a roll call vote thereon and the Ordinance was ADOPTED: The Resolution passed by the following vote of all Council Members elected voting in favor thereof: Affirmative – Anane, Applyrs, Balarin, Conti, Doesschate, Farrell, Flynn, Hoey, Igoe, Johnson, Kimbrough, Love, O’Brien and Robinson Affirmative 14 Negative 0 Abstain 0 Council Member O’Brien noticed Resolution 82.112.19R (MC), asked passage and a roll call vote thereon. Resolution Number 82.112.19R (MC) RESOLUTION OF THE COMMON COUNCIL APPOINTING APRECIA CABEY 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 appoints Aprecia Cabey to the PEGAOB for a term ending July 1, 2021. * Resolution 82.112.19R was co-sponsored by Council Members Anane, Applyrs, Doesschate, Farrell, Flynn, Hoey, Johnson, Kimbrough, Love and Robinson * Council Members O’Brien spoke on the Resolution prior to passage There being no discussion, President Ellis called for a roll call vote thereon and the Ordinance was ADOPTED: The Resolution passed by the following vote of all Council Members elected voting in favor thereof: Affirmative – Anane, Applyrs, Balarin, Conti, Doesschate, Farrell, Flynn, Hoey, Igoe, Johnson, Kimbrough, Love, O’Brien and Robinson Affirmative 14 Negative 0 Abstain 0 Council Member Doesschate on the behalf of Finance, Assessment and Taxation Committee noticed Resolution 83.112.19R (MC), asked passage and a roll call vote thereon. Resolution Number 83.112.19 (MC) RESOLUTION OF THE COMMON COUNCIL OUTLINING ITS ACTIONS AND EXPRESSING ITS FINDINGS AND INTENT WITH REGARD TO THE CITY OF ALBANY 2020 BUDGET AS PROPOSED IN ORDINANCE 33.101.19 WHEREAS, on October 1, 2019 the Common Council received the Mayor’s proposed budget for the City of Albany for fiscal year 2020 and the accompanying Mayor’s budget message; and WHEREAS, subsequent to receipt of such budget, the Finance, Taxation and Assessment Committee and the full Common Council engaged in an extensive review of the proposed budget which included over twelve meetings, discussions with ten Department heads, two public hearings, and requests for additional information; and WHEREAS, the Common Council has identified a number of areas of concern, needed amendments, and items requiring further action; NOW, THEREFORE, BE IT RESOLVED that the Common Council adopts the following statement outlining its findings, intent and recommendations for future action with regard to the Proposed City of Albany Budget for Fiscal Year 2020: Proposed 2020 City of Albany Budget Statement of Common Council Actions, Findings, Intent and Recommendations Council Priorities Prior to the issuance of the proposed budget, the Council asked the Mayor and her staff to address a number of city-wide issues in the budget, including the need for increased funding for street and sidewalk repairs and reconstruction, neighborhood park improvements, routine oversight of vacant and poorly maintained properties, improved salaries in the Department of Buildings and Regulatory Compliance, improved senior and youth services, and expanded street tree replenishment. We are pleased that the Mayor has included increased funding in the budget for street and sidewalk reconstruction, has consolidated routine maintenance of city parks in the Department of General Services, modestly increased capital budget funding for continued neighborhood park improvements, and has committed to improving services to assist with the maintenance of vacant and poorly maintained properties through an outside contractor. However, we believe more should be done to improve our neighborhood parks and playing fields, replenish street trees, and improved services for our seniors. We are hopeful that the administration will sincerely commit to working with the Common Council to address these needs as they directly affect the quality of life throughout our City and attention to the attractiveness and livability of our neighborhoods can help encourage private investment throughout the City as much as any tax abatements or other specific projects. The Common Council Public Comment/Hearings Many Albany residents spoke at the two public hearings held on October 14, 2019 and November 4, 2019 and otherwise conveyed to the Council the need to amend the budget to: 1. address the wet and often dangerous conditions of the Hoffman Park soccer playing fields and the insufficiency of the space provided; 2. provide funding for a housing vacancy study; 3. move towards a Pay as You Throw curbside waste collection fee system rather than permanently adopt the proposed $90 per unit annual fee; and 4. review and reorder budget priorities and address the budget’s structural problems. Common Council Review of the 2020 Proposed Budget During its review, the Finance, Taxation, and Assessment Committee and other Council members identified the following issues and concerns, some of which can be addressed in amendments made by the Council, and others that the Council has no authority or ability to change that need further immediate attention by the administration: I. Support for Albany’s Fair Share The Mayor’s proposed 2020 budget again includes $12.5M in Capital City funding although the State only approved $12M for Capital City Funding in 2018 and 2019. The Common Council continues to fully support the Mayor’s inclusion of this amount in the budget as it is not only necessary, but a fair and reasonable request of our Governor and Legislature. In fact, most of the Council continues to believe that even the $12.5 million requested from the State is inequitable and insufficient, given that 63% of the property in the City is tax exempt, our Aid to Municipalities (AIM) funding is disproportionately lower than other similar upstate cities, and the City provides essential services to tens of thousands of public employees and other commuters everyday who do not reside in Albany. We, alongside the Mayor, will continue to push for this funding to become permanent because it truly is our “fair share” that should not fall on the shoulders of our taxpayers. II. The Common Council is concerned the Proposed 2020 Budget continues an inequitable practice of providing small uniform salary adjustments for the vast majority of City employees while granting significant adjustments to certain classes of employees. The Council notes from the outset that the Council does not have authority under the Albany City Charter to make adjustments to salaries included in the Mayor’s proposed budget unless it relates to a position the Council has created. The Council is aware of the fiscal restraints on the city to provide desired salary adjustments to its employees. The Proposed 2020 Budget proposes a uniform 1% salary adjustment for non- union employees while continuing a practice of making higher salary adjustments ranging from 3% to 40% for certain employees who tend to be in higher salaried positions – some of whom have received substantial bump-ups in salary in recent years. While some of these higher salary adjustments may be justified, they contribute to a perception of inequity in the city's overall salary structure, both in terms of the adequacy of salaries for lower wage workers and comparable salary levels for employees with similar responsibilities in different departments. The Council is particularly concerned that the routine granting of 1% raises to the vast majority of employees at the lower end of the pay scale increases the income gap and fails to recognize that many of our employees are not making a wage that is compatible with the costs of living in the City. All of this contributes to issues related to employee morale and ability of the City to retain front-line employees who provide vital City services and often have valuable institutional knowledge. The Council believes we need to create a culture in which all City employees feel valued for the work they do and the services they provide to the city’s residents, businesses, and visitors. Issues related to adequacy and uniformity of non-union salaries, especially for lower wage workers, need to be addressed in a comprehensive manner. To that end, the Council recommends the city retain an outside entity review of non-union employee compensation levels by job responsibility and department with regard to adequacy of salary levels, as well as a comparative review of salary levels for similar positions in neighboring municipalities. It is recommended that a Commission be appointed to supervise this analysis and make final recommendations to the Mayor and Council. Any one- time costs for this study should be determined through an RFP process and necessary funding found to cover this investment in employee retention and recruitment. Ideally, recommendations could be in place for possible implementation (or phased implementation) for the 2021 fiscal year. III. The Proposed 2020 Budget did not include the full amount of Debt Service as an expenditure as has been done in the past and did not show any payment from the Debt Reserve Fund. Additionally, those budgetary changes and the use of and additional $800,000 from the Debt Reserve Fund over 2019 were not included in the Mayor’s Budget Message as required by the Albany City Charter. These issues need to be addressed in the 2020 Budget to provide transparency and ensure the budget authorizes the administration to both pay the full amount of the City’s Debt Service obligation in 2020 and to use $1,800,000 from the Debt Reserve Fund for that purpose. The amount of Debt Service listed in the Expenditures Summary on page 10 of the Proposed 2020 Budget is $21,833,600, although the full amount of the City’s Debt Service obligation for 2020 is $23,633,600. The amount of principal and interest due on serial bonds on pages 11 and 84 of the Proposed 2020 Budget are also less than the City’s actual obligations. This is because the administration decided to change its method of budgeting by using the amount it planned to pay out of the Debt Reserve Fund ($1,800,000) to offset the amount of Debt Service expenditures shown in the Proposed 2020 Budget. However, in doing so, the administration did not mention of the planned use of Debt Reserve Funds in the proposed budget, the Mayor’s Budget Message, or any presentations to the Council and the public. The Proposed 2020 Budget and Mayor’s Budget Message also did not mention that the administration intended to use $800,000 more from Debt Reserves in 2020 than it did in 2019 to help balance the 2020 budget. Since the City’s annual budget is the document that gives the administration the authority to spend money and use other funding resources, the lack of inclusion of the full amount of the Debt Service as an expenditure and the use of $1,800,000 from the Debt Reserve Fund, if unaddressed, would prevent the administration from spending the full $23,633,600 required to pay the City’s full Debt Service obligation. Draft amendments to the Proposed 2020 Budget would include the full amount of the Debt Service on the Expenditures Summary pages (page 10) as has been done in the past, include a specific appropriation from the Debt Reserve Fund of $1,800,000 from the Debt Reserve Fund to help pay the Debt Service, and make corollary changes on pages 8,9, 11, and 84 to authorize the City to use $1,800,000 from the Debt Reserve Fund and to expend the full $23,633,600 needed to pay its full Debt Service obligation in 2020. We note that changes are also required to the Mayor’s Budget message as the Albany City Charter expressly requires the Mayor’s Budget message to “indicate any major changes from the current year in expenditures and revenues together with the reasons for such changes.” Both the proposed change in budgeting the Debt Service and the use of an additional $800,000 from the Debt Reserve Fund to balance the budget should have been noted in the Mayor’s Budget Message. The Council has concluded it is inappropriate for the Council to make amendments to the Mayor’s Budget Message, but understands the Mayor’s Office plans to revised the Budget Message to address this. We note that the inclusion of the full amount of Debt Service in the Proposed 2020 Budget, as has been done in the past shows the total expenditures for the 2020 Budget is actually $181,383,548 – a 2.39% growth, not the 1.25% growth stated in the Mayor’s Budget Message. It is also important to note that most of the growth in this year’s budget is due to the Debt Service increasing by $4.5 million from 2019 levels. This is a one-time significant bump up in Debt Service. In 2021, the city’s Debt Service obligations are expected to revert to 2019 levels or below. As a result, it is entirely appropriate for the City to use an increased amount of the over $5 million in the Debt Reserve Fund in 2020 to help the City address this one-time variance. At the same time, we note that the City Debt Service payments are expected to remain close to the City’s Debt Policy limits and fiscal restraint in borrowing is needed to help keep the City from over burdening future generations with its debt obligations and depleting its flexibility to address emergencies that require an immediate influx of capital funds. While it is appreciated that the Mayor’s office has agreed to amend the budget to report the Debt Service as it has in year’s past, the changes in the budget to the reporting of the Debt Service without any clarifying explanation in the budget itself was just one piece in a frustrating budget process for the Proposed 2020 Budget. The Council recommends the creation of a standardized, transparent budget process that complies with the Albany City Charter requirements to ensure transparency for the public as well as the Council, and ensure the Council gets the information needed for their budget analysis. Council members and the Mayor’s office can work together to establish this standardized process that should also include an expected timeline. IV. The Total for Retirement on the Expenditure Summary (page 10) should properly reflect the amount included in the rest of the proposed budget for Retirement. Police and Fire Department Challenge Lines should be included in another Expenditure category. During its review of the budget, the Council noted the Expenditure Breakdown on Page 10 added up to $179,473,548 rather than stated $179,583,548 (a $10,000 difference). After the Council brought this error to the attention of the administration, the Budget Office advised the Council that the total for Retirement Expenditures on page 10 should be increased by $10,000 to $14,158,313. However, on further review, the Council noted that the amount for Retirement Expenditures included throughout budget actually totaled $14,658,313 or $500,000 more that the revised figure the administration requested the Council amend that line to. Eventually, the Council was able to determine that this was because the $250,000 “Challenge Lines” for the Albany Policy Department and the Albany Fire Department were coded to roll up into the “Retirement” expenditure category on page 10. Since the departments have no real ability to impact the amount expensed for pensions, the administration has agreed that it would be appropriate to move the “Challenge Lines” to a different category on the Expenditure Summary page. The Council has agreed for now this should be moved to “Operating Expenses” as that is where savings might be achieved without impacting salaries. This change has been included in a draft amendment for potential Council action. The Council recommends the administration review this issue in further in light of where the Challenge Lines show up in the Albany Police Department and Albany Fire Department listings and their current coding as “Retirement” expenditures and make the additional appropriate adjustments through the E and A process. V. The Proposed 2020 Budget lacks a Capital Plan as required by the Albany City Charter. This needs to be corrected. In its 2018 Budget Intent Resolution the Common Council noted that the Proposed 2019 Budget lacked a Five Year Capital Plan as is required by the Albany City Charter, and emphasized the importance of developing a clear multi-year capital plan to establish an affordable list of priorities. We specifically recommended the administration “Develop and implement a true capital plan with appropriate quarterly monitoring of all capital projects in a manner consistent with the recommendations contained in the 2017 consultant report, the best practice recommendations of the Office of the State Comptroller, and the language contained in City Charter §604(C) to help ensure the city’s capital budget and its fiscal impacts are transparent and fully justified, as well as to ensure borrowed funds are being spent as planned to accomplish important city objectives.” We are frustrated that the administration has not complied with the legal requirements in the City Charter and the Council’s recommendation that would benefit the City of Albany and its residents greatly, and make the bonding authorization process more streamlined because projects and purchases for which funding is sought will have been well-developed, completely justified, and prioritized long before they are presented to the Common Council. We again emphasize that City Charter Section 604(C) expressly states: “(a) The budget shall include a five-year capital plan. The first year of the capital plan shall be included in the budget for the ensuing year. The five-year plan shall include: (1) A clear general summary of its contents. (2) A list of all capital projects to be undertaken during the ensuing five fiscal years. (3) Cost estimates, sources of funding and, where appropriate, recommended time schedules for each such improvement. “(b) This plan shall be revised, updated and extended each year with regard to capital improvements still pending or in the process of construction or acquisition.” Nothing like this exists in the Proposed 2020 Budget. We again reiterate the astute observations contained in “City of Albany, New York, FY2017-FY2020 Financial Options,” report issued in 2017 by a consultant for the NYS Division of the Budget: “At present the City does not have a formal capital budget, but rather a list of key projects included in the budget each year…there does not appear to be a full, comprehensive historic catalogue of all approved projects, their expected costs, approved and funded amounts, including detailed breakout by each funding source, progress on completion, and remaining project elements.” The 2017 consultant report specifically recommended: “… the City develop a full capital budget and plan that lists but also includes descriptions of each project, its funding type and source(s), and whether it is expected to result in a long-term asset. In conjunction with this the City can clearly identify capital assets and complete life-cycle planning in critical areas (for example fleet, as described below). In the long run, the City should have a quarterly report on the construction/purchasing status of all uncompleted capital projects, and establish a formal process for vetting, qualifying and annually funding an affordable group of projects tied to a formal project evaluation system. The City should also update and maintain debt and debt funding policies, and report on them each year in its budget document.” The Office of the State Comptroller has provided guidance regarding best practices for the development of long-term plans and their benefits, and advises “a multiyear capital plan should provide accurate, reasonable estimates of each project’s budgetary impact, including debt service costs, impact on capital reserve funds and fund balance, and future operating expenditures.” The OSC Local Government Management Guide “Multiyear Capital Planning” outlines the process capital planning should follow to prioritize needs and come up with an affordable list of clearly defined and fully justified purchases and capital improvements. We ask that the administration immediately provide copies of this document to every member of the administration that has a role in the development of the Capital Budget and immediately embark on a process to follow the recommendations contained in the OSC guide. The resulting chaotic way in which the Common Council is provided information (this year in the form of several amendments to the Proposed 2020 Budget, 21 separate bonding ordinances and various related documents provided over the course of 6 weeks) makes it difficult for the Council to understand the goals, objectives, and priorities of the administration. It has also resulted in the administration requesting the Council approve $26 million in bonding authorizations that will result in the City exceeding its Debt Policy debt limits in the near future and severely limit borrowing flexibility for emergencies and future significant projects. We further note that due to its failure to have a clear Capital Plan, the administration has developed changes to the Capital Plan included in the Proposed 2020 Budget and asked the Council to make those amendments to the budget. These changes have been included in the draft amendment to the Proposed 2020 Budget as a courtesy to the administration. However, it needs to be emphasized that the inclusion of the list of projects for which $26 million in borrowing authorization is sought, does not satisfy the City Charter requirements, nor the City’s need to have a true 5 year Capital Plan. As always, the Council will be looking to bring anticipated borrowing within the City’s established Debt Policy limits as we evaluate each of the 21 bonding ordinance requests currently pending before the Council. As the Council is not in a position to develop the 5 year Capital Plan for inclusion in the Proposed 2020 Budget, the Council again urges the administration to immediately establish a process, consistent with OSC guidance, to develop a true 5 Year Capital Plan and monitoring process that complies with the explicit language of the Albany City Charter and the recommendations of the Council, the OSC, and the PFM Consultant Report. VI. Police Staffing Issues A. Major operational changes are anticipated in 2020, although no information was provided to Council, When Albany Police Department Chief Eric Hawkins and Chief Fiscal Officer Bridget Pardo presented the Department’s 2020 Proposed Budget to the Council they did not present information regarding a major planned change in operations that has now been presented at several neighborhood meetings since the APD’s budget presentation. We ask that all operational changes in the future be included in budget presentations as part of the needed changes to the budgetary process. Also, we request that the operational changes be presented to the full Council as they should have been prior to being presented to the public at large. B. Seven Unfunded positions are included in Albany Police Department Staffing Totals. Page 36 of the budget book lists seven FTE “Recruits” without any appropriation and includes these 7 unfunded positions in the total 396 FTEs listed for the Albany Police Department. The Albany Police Department Chief Business Official has acknowledged filling those seven positions would require a budget amendment to make the needed appropriation of funds. Considering the concerns of residents regarding adequate police coverage, reductions in neighborhood engagement units, and the challenges of filling vacancies, these positions should either have an appropriation associated with them in the budget or should be eliminated. VII. Other Issues a. Soccer Field Improvements During the public hearings on the budget many parents and young athletes spoke eloquently and passionately about the need for the City of Albany to provide safe and adequate playing fields for the Albany Soccer Club. The current poor drainage, uneven fields, exposed concrete, and lack of adequate space poses significant risks to our children that we cannot let continue. The Common Council is committed to working with the Department of Parks and Recreation, parents, and coaches to remedy this situation as soon as possible and has let the administration know it is ready and willing to authorize bonding to undertake appropriate improvements or approve other budget amendments once a plan has been developed. b. Housing Study In response to numerous comments at the budget hearings asking the Council to include funding in the budget to conduct a housing vacancy study to determine the City of Albany’s eligibility to opt into the Emergency Tenant Protection Act, the Chair of the Finance, Taxation and Assessment Committee has introduced a resolution calling upon the City to undertake such a study. As this is a one-time expenditure, unexpended funds in the 2019 budget are available to finance this study. c. Senior Services In its 2018 Budget Intent Resolution relating to the 2019 budget, the Council noted that the current and proposed level of funding for “Programs for Aging” has remained at the same amount since at least FY1996, despite demographic changes and increased costs for services. The Council recommended a needs-based assessment of the adequacy of current services and funding that may include the identification of senior services that may be provided by other city departments or agencies. Although the Mayor’s Budget Message states that the budget has allocated funding “to offer additional programming for out senior population,” the Council has been unable to identify any line items containing such additional funding even after consulting with the Commissioner of Parks and Recreation. We, again, encourage the administration to undertake a comprehensive review of the needs of our seniors and evaluate existing opportunities with an eye to coordinating with other not-for- profits and municipal providers of senior services, expanding upon Albany’s offerings, supporting the ability of seniors to participate in a wide range of activities and services, and communicating with seniors about such opportunities through a variety of means. d. Curbside Waste Collection Fee Sunset The Council has agreed that it is appropriate to continue to evaluate the Curbside Waste Collection Fee and the potential for the City to move to a Pay-As-You-Throw fee to encourage waste reduction, recycling and reuse practices throughout the City. As a result, the proposed Curbside Waste Collection Fee legislation has been amended to include a sunset date of December 31, 2022. This will require a re-evaluation of that fee in 2022. However, this new sunset does not preclude the Council and the administration from studying this issue and potentially amending the legislation at an earlier date. Conclusion With adoption of this resolution, we complete action on the fiscal year 2020 City of Albany budget. BE IT FURTHER RESOLVED that a copy of this resolution be transmitted to the Mayor, Chief of Staff, Budget Director and all other department heads; and BE IT FURTHER RESOLVED that a copy of the “Statement of Common Council Actions, Findings and Intent” as herein adopted be printed in the final bound document constituting the “City of Albany 2020 Budget” immediately following the Mayor’s transmittal message. BE IT FURTHER RESOLVED that if the administration ignores the Council’s request to include the Council’s Budget Intent Resolution in the printed adopted budget as herein specified, the administration shall be prohibited from using Council funds to print any proposed or adopted budgets or any other documents aside from costs needed to provide the Council with the 20 copies expressly needed for Council members, their staff and records. * Resolution 83.112.19R was co-sponsored by Council Members Kimbrough There being no discussion, President Ellis called for a roll call vote thereon and the Ordinance was ADOPTED: The Resolution passed by the following vote of all Council Members elected voting in favor thereof: Affirmative – Anane, Applyrs, Balarin, Conti, Doesschate, Farrell, Flynn, Hoey, Igoe, Johnson, Kimbrough, Love, O’Brien and Robinson Affirmative 14 Negative 0 Abstain 0 Council Member Anane on the behalf of Council Member Fahey noticed Resolution 74.111.19R (RESOLUTION OF THE COMMON COUNCIL CONFIRMING THE APPOINTMENT OF JENNIFER CEPONIS AS A MEMBER OF THE ALBANY PARKING AUTHORITY BOARD OF DIRECTORS), which had been previously introduced, asked passage and a roll call vote thereon. * Resolution 74.111.19R was co-sponsored by Council Members Doesschate, Farrell, Flynn, Hoey, and Robinson * Council Member Anane spoke on the Resolution prior to passage. There being no discussion, President Ellis called for a roll call vote thereon and the Ordinance was ADOPTED: The Resolution passed by the following vote of all Council Members elected voting in favor thereof: Affirmative – Anane, Applyrs, Balarin, Conti, Doesschate, Farrell, Flynn, Hoey, Igoe, Johnson, Kimbrough, Love, O’Brien and Robinson Affirmative 14 Negative 0 Abstain 0 President Pro Tem 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 Johnson (Marlon Anderson’s public comment) President Ellis (Police dispatcher’s application process) ADJOURNMENT There being no further business, President Pro Tem Kimbrough made a motion to adjourn, which was duly seconded and adopted by unanimous voice vote. President Ellis declared the meeting adjourned at approximately 9:11 pm. Respectfully Submitted Michele Andre Senior Legislative Aide to the Common Council

Agenda

AGENDA OF THE ALBANY COMMON COUNCIL Monday, November 18, 2019 THE COMMON COUNCIL MEETS THE FIRST AND THIRD MONDAY OF EACH MONTH AT 7:00 P.M. IN THE COMMON COUNCIL CHAMBERS (NOTE: WHEN MONDAY FALLS ON A LEGAL HOLIDAY OR DAY OF SPECIAL OBSERVANCE, THE COUNCIL MEETING IS ORDINARILY MOVED TO THE FOLLOWING THURSDAY). ORDER OF BUSINESS: Roll Call Welcome Pledge of Allegiance Moment of Silence Public Hearings Public Comment Period (30 Minutes) Approval of Minutes from Previous Meeting Consideration of Local Laws Communications from the Mayor, Department Heads and other City officials Consideration of Vetoes Presentation of Petitions and Communications Reports of Standing Committees Reports of Ad Hoc Committees Consideration of Ordinances Consideration of Resolutions Additional Public Comment (30 minutes) Miscellaneous or Unfinished Business Adjournment LOCAL LAWS HELD 1. Anane LOCAL LAW G - 2018 A LOCAL LAW AMENDING CHAPTER 42 (DEPARTMENTS AND COMMISSIONS) OF THE CODE OF THE CITY OF ALBANY BY ADDING A NEW PART 39 ENTITLED“ CITY OF ALBANY COMMISSION ON MUNICIPAL INTERNET SERVICE ” AND PROVIDING FOR THE RESPONSIBILITIES OF THE COMMISSION WITH RESPECT TO RESEARCHING THE LOGISTICS AND FINANCING OF A CITY OWNED HIGH SPEED INTERNET SERVICE. AND REQUIRING THE COMMISSION TO MAKE FINDINGS AND RECOMMENDATIONS TO THE MAYOR AND THE COMMON COUNCIL REGARDING THE CREATION OF SUCH INFRASTRUCTURE *Referred to Planning, Economic Development and Land Use 2. Finance LOCAL LAW E - 2019 A LOCAL LAW AMENDING ARTICLE I (REMOVAL OF GARBAGE) OF CHAPTER 313 (SOLID WASTE) OF THE CODE OF THE CITY OF ALBANY REGARDING THE CURBSIDE WASTE COLLECTION *Referred to Finance, Assessment and Taxation 3. Conti LOCAL LAW F - 2019 A LOCAL LAW REPEALING CHAPTER 54 (FINANCIAL DISCLOSURE) OF THE CODE OF THE CITY OF ALBANY AND ENACTING A NEW CHAPTER 54 ENTITLED “ETHICS LAW OF THE CITY OF ALBANY” IN RELATION TO ETHICS AND FINANCIAL DISCLOSURE*Referred to Council Operations and Ethics ORDINANCES INTRODUCED 43.112.19 AN ORDINANCE OF THE COMMON COUNCIL AUTHORIZING THE SALE TO ALBANY COUNTY HISTORICAL SOCIETY OF A CITY OWNED VACANT LOT AT 142 LIVINGSTON AVENUE 44.112.19 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 ORDINANCES HELD 1. Anane Ordinance Number 34.101.18 AN ORDINANCE AMENDING CHAPTER 359 (VEHICLES AND TRAFFIC OF THE CODE OF THE CITY OF ALBANY” IN RELATION TO SPECIAL EVENT PARKING *Referred to Law, Buildings and Code Enforcement 2. Conti Ordinance Number 42.112.18 AN ORDINANCE AMENDING CHAPTER 375 (CITY OF ALBANY UNIFIED SUSTAINABLE DEVELOPMENT ORDINANCE) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO NEW CONSTRUCTION IN R-T TOWNHOUSE DISTRICTS *Referred to Planning, Economic Development and Land Use 3. Conti & Anane Ordinance Number 2.12.19 AN ORDINANCE AMENDING ARTICLE II (TRAFFIC REGULATIONS) OF CHAPTER 359 (VEHICLE AND TRAFFIC) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO MARKINGS FOR FIRE HYDRANTS *Referred to Law, Buildings and Code Enforcement 4. Flynn Ordinance 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 *Referred to Law, Buildings and Code Enforcement 5. Hoey 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*Referred to Planning, Economic Development and Land Use 6. Fahey Ordinance Number 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 *Referred to Planning, Economic Development and Land Use 7. Finance Ordinance Number 17.101.19 AN ORDINANCE AUTHORIZING CERTAIN PURCHASES BY THE CITY OF ALBANY, NEW YORK AT A MAXIMUM ESTIMATED COST OF $3,100,000.00 AND AUTHORIZING the lease financing or THE ISSUANCE OF $3,100,000.00 SERIAL BONDS OF SAID CITY TO PAY THE COST THEREOF (PLANNING - CLINTON AVE PEDESTRIAN SAFETY- DRI)*Referred to Finance, Assessment and Taxation 8. Finance Ordinance Number 18.101.19 AN ORDINANCE AUTHORIZING CERTAIN PURCHASES BY THE CITY OF ALBANY, NEW YORK AT A MAXIMUM ESTIMATED COST OF $250,000.00 AND AUTHORIZING THE LEASE FINANCING OR THE ISSUANCE OF $250,000.00 SERIAL BONDS OF SAID CITY TO PAY THE COST THEREOF (PLANNING - ILLUMINATED PEDESTRIAN UNDERPASS- LIVINGSTON AVE.)*Referred to Finance, Assessment and Taxation 9. Finance Ordinance Number 19.101.19 AN ORDINANCE AUTHORIZING CERTAIN PURCHASES BY THE CITY OF ALBANY, NEW YORK AT A MAXIMUM ESTIMATED COST OF $500,000.00 AND AUTHORIZING the lease financing or THE ISSUANCE OF $500,000.00 SERIAL BONDS OF SAID CITY TO PAY THE COST THEREOF (PLANNING - PEDESTRIAN AND VEHICULAR CORRIDOR - DRI*Referred to Finance, Assessment and Taxation 10. Finance Ordinance Number 20.101.19 AN ORDINANCE AUTHORIZING CERTAIN PURCHASES BY THE CITY OF ALBANY, NEW YORK AT A MAXIMUM ESTIMATED COST OF $250,000.00 AND AUTHORIZING THE LEASE FINANCING OR THE ISSUANCE OF $250,000.00 SERIAL BONDS OF SAID CITY TO PAY THE COST THEREOF (PLAYGROUND/SPRAY PAD EQUIPMENT INSTALLATION) *Referred to Finance, Assessment and Taxation 11. Finance Ordinance Number 21.101.19 AN ORDINANCE AUTHORIZING CERTAIN PURCHASES BY THE CITY OF ALBANY, NEW YORK AT A MAXIMUM ESTIMATED COST OF $3,000,000.00 AND AUTHORIZING THE LEASE FINANCING OR THE ISSUANCE OF $3,000,000.00 SERIAL BONDS OF SAID CITY TO PAY THE COST THEREOF (DGS - VEHICLES) *Referred to Finance, Assessment and Taxation 12. Finance Ordinance Number 22.101.19 AN ORDINANCE AUTHORIZING CERTAIN PURCHASES BY THE CITY OF ALBANY, NEW YORK AT A MAXIMUM ESTIMATED COST OF $225,000.00 AND AUTHORIZING THE LEASE FINANCING OR THE ISSUANCE OF $225,000.00 SERIAL BONDS OF SAID CITY TO PAY THE COST THEREOF (APD- Roadway Striping)*Referred to Finance, Assessment and Taxation 13. Finance Ordinance Number 23.101.19 AN ORDINANCE AUTHORIZING CERTAIN PURCHASES BY THE CITY OF ALBANY, NEW YORK AT A MAXIMUM ESTIMATED COST OF $1,357,000.00 AND AUTHORIZING THE LEASE FINANCING OR THE ISSUANCE OF $1,357,000.00 SERIAL BONDS OF SAID CITY TO PAY THE COST THEREOF (APD- VEHICLES)*Referred to Finance, Assessment and Taxation 14. Finance Ordinance Number 24.101.19 AN ORDINANCE AUTHORIZING CERTAIN PURCHASES BY THE CITY OF ALBANY, NEW YORK AT A MAXIMUM ESTIMATED COST OF $300,000.00 AND AUTHORIZING THE LEASE FINANCING OR THE ISSUANCE OF $300,000.00 SERIAL BONDS OF SAID CITY TO PAY THE COST THEREOF (APD- Building Improvements)*Referred to Finance, Assessment and Taxation 15. Finance Ordinance Number 25.101.19 AN ORDINANCE AUTHORIZING CERTAIN PURCHASES BY THE CITY OF ALBANY, NEW YORK AT A MAXIMUM ESTIMATED COST OF $564,000.00 AND AUTHORIZING THE LEASE FINANCING OR THE ISSUANCE OF $564,000.00 SERIAL BONDS OF SAID CITY TO PAY THE COST THEREOF (APD- IT INFRASTRUCTURE)*Referred to Finance, Assessment and Taxation 16. Finance Ordinance Number 26.101.19 AN ORDINANCE AUTHORIZING CERTAIN PURCHASES BY THE CITY OF ALBANY, NEW YORK AT A MAXIMUM ESTIMATED COST OF $3,300,000.00 AND AUTHORIZING THE LEASE FINANCING OR THE ISSUANCE OF $3,300,000.00 SERIAL BONDS OF SAID CITY TO PAY THE COST THEREOF (ENGINEERING- SKYWAY)*Referred to Finance, Assessment and Taxation 17. Finance Ordinance Number 27.101.19 AN ORDINANCE AUTHORIZING CERTAIN PURCHASES BY THE CITY OF ALBANY, NEW YORK AT A MAXIMUM ESTIMATED COST OF $1,000,000.00 AND AUTHORIZING THE LEASE FINANCING OR THE ISSUANCE OF $1,000,000.00 SERIAL BONDS OF SAID CITY TO PAY THE COST THEREOF (LINCOLN PARK RENOVATION) *Referred to Finance, Assessment and Taxation 18. Finance Ordinance Number 28.101.19 AN ORDINANCE AUTHORIZING CERTAIN PURCHASES BY THE CITY OF ALBANY, NEW YORK AT A MAXIMUM ESTIMATED COST OF $500,000.00 AND AUTHORIZING THE LEASE FINANCING OR THE ISSUANCE OF $500,000.00 SERIAL BONDS OF SAID CITY TO PAY THE COST THEREOF (BRIDGE IMPROVEMENTS) *Referred to Finance, Assessment and Taxation 19. Finance Ordinance Number 29.101.19 AN ORDINANCE AUTHORIZING CERTAIN PURCHASES BY THE CITY OF ALBANY, NEW YORK AT A MAXIMUM ESTIMATED COST OF $500,000.00 AND AUTHORIZING THE LEASE FINANCING OR THE ISSUANCE OF $500,000.00 SERIAL BONDS OF SAID CITY TO PAY THE COST THEREOF (ENGINEERING- RENOVATIONS TO CITY BUILDINGS)*Referred to Finance, Assessment and Taxation 20. Finance Ordinance Number 30.101.19 AN ORDINANCE AUTHORIZING CERTAIN PURCHASES BY THE CITY OF ALBANY, NEW YORK AT A MAXIMUM ESTIMATED COST OF $5,500,000.00 AND AUTHORIZING THE LEASE FINANCING OR THE ISSUANCE OF $5,500,000.00 SERIAL BONDS OF SAID CITY TO PAY THE COST THEREOF (ENGINEERING – STREET RECONSTRUCTION) *Referred to Finance, Assessment and Taxation 21. Finance Ordinance Number 31.101.19 AN ORDINANCE AUTHORIZING CERTAIN PURCHASES BY THE CITY OF ALBANY, NEW YORK AT A MAXIMUM ESTIMATED COST OF $750,000.00 AND AUTHORIZING THE LEASE FINANCING OR THE ISSUANCE OF $750,000.00 SERIAL BONDS OF SAID CITY TO PAY THE COST THEREOF (ENGINEERING – ADA COMPLIANCE)*Referred to Finance, Assessment and Taxation 22. O’Brien and Anane Ordinance Number 32.101.19 AN ORDINANCE AMENDING SUBSECTION 9 (MARRIAGE LICENSE FEE) AND SUBSECTION 10 (CERTIFICATE OF MARRIAGE; FEE) OF ARTICLE IV (CERTIFICATES OF MARRIAGE) OF CHAPTER 245 (LICENSES) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO WAIVING THE FEE FOR MARRIAGE LICENSES FOR ACTIVE DUTY MEMBERS OF THE UNITED STATES ARMED FORCES AND ADJUSTING THE COST OF THE CERTIFICATE OF MARRIAGE*Referred to Finance, Assessment and Taxation 23. Finance Ordinance Number 33.101.19 AN ORDINANCE ADOPTING THE BUDGET AS PRESENTED BY THE MAYOR ON OCTOBER 1, 2019, FOR FISCAL YEAR 2020 *Referred to Finance, Assessment and Taxation 24. Council Operation Ordinance Number 34.101.19 (MC) AN ORDINANCE CREATING A NEW ARTICLE VI (BIRTH AND DEATH RECORDS) OF ARTICLE IV (CERTIFICATES OF MARRIAGE) OF CHAPTER 245 (LICENSES) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO SETTING THE FEE FOR THE COST OF BIRTH AND DEATH RECORDS*Referred to Council Operations and Ethics 25. Finance Ordinance Number 36.101.19 AN ORDINANCE AUTHORIZING CERTAIN PURCHASES BY THE CITY OF ALBANY, NEW YORK AT A MAXIMUM ESTIMATED COST OF $1,350,000.00 AND AUTHORIZING THE LEASE FINANCING OR THE ISSUANCE OF $1,350,000.00 SERIAL BONDS OF SAID CITY TO PAY THE COST THEREOF *Referred to Finance, Assessment and Taxation 26. Kimbrough Ordinance Number 37.101.19 AN ORDINANCE AMENDING THE CODE OF THE CITY OF ALBANY BY ENACTING A NEW SECTION 64 TO ARTICLE TWO OF CHAPTER 323 TO BE ENTITLED: “HONORARY STREET RENAMING” *Referred to Council Operations and Ethics 26. Finance Ordinance Number 38.111.19 AN ORDINANCE AUTHORIZING CERTAIN PURCHASES BY THE CITY OF ALBANY, NEW YORK AT A MAXIMUM ESTIMATED COST OF $200,000.00 AND AUTHORIZING THE LEASE FINANCING OR THE ISSUANCE OF $200,000.00 SERIAL BONDS OF SAID CITY TO PAY THE COST THEREOF (PLANNING- SOUTHEND CONNECTOR PHASE II)*Referred to Finance, Assessment and Taxation 27. Finance Ordinance Number 39.111.19 AN ORDINANCE AUTHORIZING CERTAIN PURCHASES BY THE CITY OF ALBANY, NEW YORK AT A MAXIMUM ESTIMATED COST OF $100,000.00 AND AUTHORIZING THE LEASE FINANCING OR THE ISSUANCE OF $100,000.00 SERIAL BONDS OF SAID CITY TO PAY THE COST THEREOF (PLANNING- HUDSON RIVER WATERFRONT GATEWAY)*Referred to Finance, Assessment and Taxation 28. Finance Ordinance Number 40.111.19 AN ORDINANCE AUTHORIZING CERTAIN PURCHASES BY THE CITY OF ALBANY, NEW YORK AT A MAXIMUM ESTIMATED COST OF $380,100.00 AND AUTHORIZING THE LEASE FINANCING OR THE ISSUANCE OF $380,100.00 SERIAL BONDS OF SAID CITY TO PAY THE COST THEREOF (PLANNING- BROWNFIELD OPPORTUNITY AREA STUDY)*Referred to Finance, Assessment and Taxation 29. Finance Ordinance Number 41.111.19 AN ORDINANCE AUTHORIZING CERTAIN PURCHASES BY THE CITY OF ALBANY, NEW YORK AT A MAXIMUM ESTIMATED COST OF $1,000,000.00 AND AUTHORIZING THE LEASE FINANCING OR THE ISSUANCE OF $1,000,000.00 SERIAL BONDS OF SAID CITY TO PAY THE COST THEREOF (PLANNING- TIVOLI PARK IMPROVEMENTS)*Referred to Finance, Assessment and Taxation 30. Finance Ordinance Number 42.111.19 AN ORDINANCE AUTHORIZING CERTAIN PURCHASES BY THE CITY OF ALBANY, NEW YORK AT A MAXIMUM ESTIMATED COST OF $2,000,000.00 AND AUTHORIZING THE LEASE FINANCING OR THE ISSUANCE OF $2,000,000.00 SERIAL BONDS OF SAID CITY TO PAY THE COST THEREOF (PLANNING- MAIDEN LANE)*Referred to Finance, Assessment and Taxation RESOLUTIONS INTRODUCED 76.112.19R RESOLUTION APPROVING AN AMENDMENT TO THE FINANCING AGREEMENT BY AND AMONG THE ALBANY WATER BOARD, THE CITY OF ALBANY AND THE ALBANY MUNICIPAL WATER FINANCE AUTHORITY RELATING TO A CERTAIN PROJECT AND AUTHORIZING THE EXECUTION AND DELIVERY OF CERTAIN DOCUMENTS BY THE BOARD IN CONNECTION WITH THE ISSUANCE OF OBLIGATIONS BY THE ALBANY MUNICIPAL WATER FINANCE AUTHORITY 77.112.19R RESOLUTION OF THE COMMON COUNCIL IN SUPPORT OF THE NURSES OF ALBANY MEDICAL CENTER IN THEIR EFFORTS TO ENSURE THE IMPLEMENTATION OF SAFE- STAFFING LEVELS AND TO SECURE A FAIR CONTRACT 78.112.19R RESOLUTION OF THE COMMON COUNCIL AUTHORIZING THE MAYOR TO EXECUTE THE AMENDED INTERMUNICIPAL AGREEMENT FOR THE STORMWATER COALITION OF ALBANY COUNTY ON BEHALF OF THE CITY OF ALBANY RESOLUTIONS HELD 1. Anane Resolution Number 46.62.18R (MC) A RESOLUTION OF THE ALBANY COMMON COUNCIL IN SUPPORT OF THE CITY OF ALBANY WAIVING FEES AGAINST THE NEW YORK STATE POOR PEOPLE’S CAMPAIGN *Referred to Public Safety 2. Anane Resolution Number 25.52.19R RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF ALBANY RECOGNIZING THE IMPORTANCE OF WALKABILITY THROUGHOUT THE CITY AND CALLING ON THE ALBANY POLICE DEPARTMENT’S TRAFFIC SAFETY DIVISION TO ADOPT A POLICY ENSURING THAT PEDESTRIAN SIGNALS ARE AUTOMATICALLY INCLUDED WHENEVER TRAFFIC SIGNALS ARE CHANGED, UPGRADED OR INSTALLED” *Referred to Planning, Economic Development and Land Use 3. Love Resolution Number 42.62.19R RESOLUTION OF THE COMMON COUNCIL RECOGNIZING THE NEED FOR A GREATER EMPHASIS ON SENIOR SERVICES THROUGHOUT THE CITY OF ALBANY 4. Finance Resolution Number 70.102.19R RESOLUTION OF THE COMMON COUNCIL ESTABLISHING THE LOCALLY- ADJUSTED BASE PROPORTIONS OF THE HOMESTEAD AND NON-HOMESTEAD CLASSES FOR PROPERTY TAX PURPOSES PURSUANT TO ARTICLE 19 OF THE REAL PROPERTY TAX LAW*Referred to Finance, Assessment and Taxation 5. Planning Resolution Number 74.111.19R RESOLUTION OF THE COMMON COUNCIL CONFIRMING THE APPOINTMENT OF JENNIFER CEPONIS AS A MEMBER OF THE ALBANY PARKING AUTHORITY BOARD OF DIRECTORS *Referred to Planning, Economic Development and Land Use 6. Housing Resolution Number 75.111.19R A RESOLUTION OF THE CITY OF ALBANY’S COMMON COUNCIL CALLING ON MAYOR SHEEHAN’S ADMINISTRATION TO CONDUCT A HOUSING VACANCY STUDY TO DETERMINE THE CITY OF ALBANY’S ELIGIBILTY TO OPT INTO THE EMERGECNY TENANT PROTECTION ACT *Referred to Housing, and Community Development

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