Common Council Caucus & Regular Meeting

CITY OF ALBANY COMMON COUNCIL MINUTES OF A REGULAR MEETING MONDAY, December 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, Marisa Franchini The roll being called, the meeting was called to order by President Ellis at 7:00 pm; Council Members recited the Pledge of Allegiance followed by a moment of silence. PUBLIC COMMENT PERIOD 1) Eric Finkell, 3 Crestwood Court, Albany, NY (Snow Removal & School Safety) 2) Marlon Anderson, 214 Lark Street, Albany, NY (State of City) 3) Galen Heins, 24 Rondack Rd, Colonie, NY(Rent Stabilization) 4) Judd Feinman, P.O.BOX 11640, Albany, NY (Housing Vacancy) 5) Michael Fitzsimmons, Kathy Whalen, Jennifer Coppola and Lia Doina of Albany, NY (Nurses Resolution) 6) Joseph Paparone, 835 Washington Ave, Albany, NY (ETPA, Nurses) 7) Dr. Brenda Robinson, Albany, NY (Store Closure) 8) Sister Honova Kinney, 124 W. Lawrence St, Albany, NY (Housing) 9) Rohan Grant, 10 McPherson Terrace, Albany, NY (Nuisance Complaint & Res. 84.122.19R) 10) Susan Dubois, 24 Jeanette St, Albany, NY 12209 (Vacancy Study) 11) Nancy Benedict, 31 Forest Rd, Delmar, NY (Crossing to Bus Stop With Snow) 12) Sean Kelleker, 12 California Ave, Albany, NY (Vacancy Study) 13) Roger Markovics, 38 Myrtle Ave, Albany, NY (Support Vacancy Study) 14) Mark Robinson, 3 Lexington Ave, Albany, NY (Store Closure) 15) Shateasha Sims, 12-c Wilkins Ave, Albany, NY There being no further speakers, President Ellis declared the Public Comment Period closed. Approval of Minutes President Pro Temp Kimbrough made a motion, which was duly seconded, to approve the minutes of October 21, 2019, November 4, 2019 and November 18, 2019 regular meetings of the Council, which was APPROVED by unanimous voice vote. CONSIDERATION OF LOCAL LAWS: Council Member Doesschate on behalf of the Committee on Finance, Taxation and Assessment noticed of 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) which had been previously amended, requested passage and a roll call vote thereon. * Council Members Doesschate spoke on the Local Law prior to passage. 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 Kimbrough held remaining local laws on the pending agenda. REPORTS OF STANDING COMMITTEES: Planning, Economic Development, and Land Use: Council Member Fahey reported that the committee met on December 11, 2019, to interview candidates for Sustainability Advisory Committee (SAC) and put forth a recommendation for Gabriella Cebada Mora. Public Safety: Council Member Applyrs reported that the committee met with AC PAC regarding their revised bylaws. Housing and Community Development: President Pro Tem Kimbrough reported that the committee met on November 20, 2019, on Resolution 75.111.19R that calls upon Mayor Sheehan’s Administration to commission a housing vacancy survey to determine the City’s eligibility under the ETPA. Resolution 75.111.19R was reported out of the committee with a positive recommendation. Council Operations and Ethics: Council Member Conti reported that the committee met on November 25, 2019, on Ordinance 37.102.19 which creates a process for proposing, approving and posting honorary street re-namings. Ordinance 37.102.19 with amendments was reported out of the committee with a positive recommendation. Law, Building and Code Enforcement: Council Member Igoe reported that the committee met on December 17, 2019, on Resolution 88.122.19R that confirms the appointment of Marisa Franchini as the Corporation Counsel. Resolution 88.122.19R was reported out of committee with a positive recommendation. Finance, Assessment, and Taxation: Council Member Doesschate reported that the committee met on December 9, 2019, on Resolution 70.101.19R that establish the locally-adjusted base proportions of taxable value for the homestead and non-homestead classes regarding the City’s 2019 assessment roll and Resolution 80.112.19R that consent to salary adjustment for certain positions in the 2020 budget. Resolution 70.101.19R and 80.112.19R were reported out of the committee with a positive recommendation. CONSIDERATION OF ORDINANCES Council Member Conti noticed the introduction of Ordinance 45.122.19 as follows, which was held for further consideration: ORDINANCE NUMBER 45.122.19 AN ORDINANCE AMENDING CHAPTER 359 (VEHICLES AND TRAFFIC) IN RELATION TO THE SUSPENSION OF SPECIAL EVENTS IN CERTAIN CITY PARKS DURING A DECLARED SNOW EMERGENCY The People of the City of Albany, in Common Council convened, do hereby ordain and enact: Section 1. Subsection E of section 359-34 of Chapter 359 of the Code of the City of Albany is hereby amended to read as follows: E. During a declared snow emergency, all ordinary parking regulations will be suspended excepting those parking regulations relative to fire hydrants, driveways and handicap zones; additionally, special events in city parks otherwise designated for snow emergency parking shall be suspended for the duration of a declared snow emergency to the extent such special event would otherwise restrict the availability of snow emergency parking. Section 2. This ordinance shall take effect immediately. President Pro Tem Kimbrough referred Ordinance 45.122.19 to the Law, Building and Code Enforcement Committee for further consideration. Council Member Igoe on the behalf of Law, Building and Code Enforcement Committee noticed the introduction of Ordinance 46.122.19 as follows, which was held for further consideration: ORDINANCE NUMBER 46.122.19 AN ORDINANCE AMENDING CHAPTER 133 (BUILDING CONSTRUCTION) IN RELATION TO VACANT BUILDINGS CODE ENFORCEMENT The People of the City of Albany, in Common Council convened, do hereby ordain and enact: Section 1. Paragraph B (Notice of Violation) of Subsection A (Violations) of section 133-26 (Liability) of Chapter 133 (Building Construction) of the Code of the City of Albany is hereby amended to read as follows: A. Violations. (1) A violation of the State Uniform Fire Prevention and Building Code (9 NYCRR, Subtitle S, Chapter I) shall be a violation of this Chapter, punishable as hereinafter set forth. (2) Prohibitions. It shall be a violation for any person, firm or corporation to alter, repair, move, equip, use or occupy any building or structure or portion thereof in violation of law or ordinance, as well as any regulation or rule promulgated by the building official or Department of Fire and Emergency Services official in accordance with applicable laws, or to fail in any manner to comply with a notice, directive or order of the Commissioner of Buildings or Chief of the Department of Fire and Emergency Services, or their designees, or to construct, alter, use or occupy any building or structure or part thereof in a manner not permitted by an approved building permit, certificate of occupancy or certificate of compliance. B. Notice of violation. Whenever it shall appear to the satisfaction of the Commissioner of Buildings or Chief of the Department of Fire and Emergency Services that work in any building or structure or part thereof is being carried on in violation of any of the provisions of this code, the Commissioner of Buildings or Chief of the Department of Fire and Emergency Services is hereby authorized to serve upon the owner of any such building or structure, or the architect, contractor or any other person in charge thereof, either as owner or agent, a notice, in writing, as hereinafter prescribed, which shall specify the particular work of such building or structure which is being carried on in violation of the provisions of this code, and which shall direct that the violation be removed within such time prescribed in the notice, and shall further direct that all work on said building or structure ceased until such violation is removed. When such notice of violation is in relation to a vacant building as defined by section 133-78.2 of this code, the prescribed time within which such violation is directed to be cured shall not be more than ten days unless the Chief Building Official has good cause to extend the time to up to thirty days. Section 2. This ordinance shall take effect on the 30th day after it shall become a law. President Pro Tem Kimbrough referred Ordinance 46.122.19 to the Law, Building and Code Enforcement Committee for further consideration. Council Member Conti noticed of Ordinance 47.122.19, asked passage and a roll call vote thereon: ORDINANCE NUMBER 47.122.19 AN ORDINANCE AMENDING CHAPTER 359 (VEHICLE AND TRAFFIC) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO PARKING RESTRICTIONS DURING A DECLARED SNOW EMERGENCY The City of Albany, in Common Council convened, does hereby ordain and enact: Section 1. Subsection A of section 359-34 (Restricted vehicular parking during snow emergency) of Chapter 359 is amended to read as follows: A. During a declared snow emergency the following parking restrictions shall apply:  (1) Upon commencement of a snow emergency, all vehicular parking on the odd-numbered side of all City streets is prohibited for a twenty-four-hour period. (2) After 24 hours from the designated snow emergency commencement, vehicular parking on the even-numbered side of all City streets is prohibited for the succeeding twenty-four-hour period. (3) In the one hour period prior to the commencement of the second 24 hours of a snow emergency there shall be a one-hour grace period prior to the commencement of parking restrictions during which vehicular parking may transition to the [even-numbered] odd-numbered side of City streets. Section 2. This ordinance shall take effect immediately. Having been introduced, Council Member Conti made a motion, which was duly seconded, requesting Unanimous Consent to take up consideration of Ordinance 47.122.19 at the same meeting as its introduction. There being no discussion, President Ellis called for a voice vote thereon and the motion was ADOPTED unanimously. Council Member Conti noticed Ordinance 47.122.19 (AN ORDINANCE AMENDING CHAPTER 359 (VEHICLE AND TRAFFIC) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO PARKING RESTRICTIONS DURING A DECLARED SNOW EMERGENCY), which had been previously introduced, requested passage and a roll call vote thereon * Ordinance 47.122.19 was co-sponsored by Council Members Fahey 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 Kimbrough held remaining local laws on the pending agenda. President Pro Tem Kimbrough made a motion, which was duly seconded, requesting Majority Consent to add Ordinance 48.122.19 (MC) to the agenda. There being no discussion, the motion was adopted by voice vote. Council Member Doesschate noticed the introduction of Ordinance 48.122.19 (MC) as follows, which was held for further consideration: Ordinance 48.122.19 (MC) AN ORDINANCE AMENDING ORDINANCE 2.21.18, ENTITLED: “AN ORDINANCE AUTHORIZING CERTAIN PURCHASES BY THE CITY OF ALBANY, NEW YORK AT A MAXIMUM ESTIMATED COST OF $1,799,000.00 AND AUTHORIZING THE LEASE FINANCING OR THE ISSUANCE OF $1,799,000.00 SERIAL BONDS OF SAID CITY TO PAY THE COST THEREOF (EQUIPMENT)” , AS ADOPTED BY THE COMMON COUNCIL ON MARCH 5, 2018, IN RELATION TO A REDUCTION IN THE MAXIMUM AUTHORIZED TO BE BORROWED BY THE ISSUANCE OF SERIAL BONDS FOR EQUIPMENT PURCHASES THEREUNDER FROM $1,799,000 TO $799,000 The City of Albany, in Common Council convened, does hereby ordain and enact: Section 1. The title, and sections 1 and 2 of Ordinance Number 2.21.18 , as adopted by the Common Council on March 5, 2018, are amended to read as follows: AN ORDINANCE AUTHORIZING CERTAIN PURCHASES BY THE CITY OF ALBANY, NEW YORK AT A MAXIMUM ESTIMATED COST OF $1,799,000.00 $799,000.00 AND AUTHORIZING THE LEASE FINANCING OR THE ISSUANCE OF $1,799,000.00 $799,000.00 SERIAL BONDS OF SAID CITY TO PAY THE COST THEREOF (EQUIPMENT). Section 1. The objects or purposes to be authorized and financed pursuant to this ordinance are set forth below, together with estimates of the maximum estimated costs thereof; determinations of the periods of probable usefulness thereof and the subparagraphs of Section 11.00(a) of the New York Local Finance Law pursuant to which it is determined; the maximum amount of the bonds to be issued with respect to such object or purpose and the maximum term of the obligations to be issued with respect to each project or purpose. Object or Purpose: Purchase and replacement of equipment Local Finance Law Section 11.00(a) Subparagraph 28 Period of Probable Usefulness: 15 years Maximum Term of Obligations: 15 years Maximum Estimated Cost: $1,799,000.00 $799,000.00 Maximum Amount of Bonds: $1,799,000.00 $799,000.00 Comptroller's Bond Authorization Numbers: B-18 Comptroller's Project Numbers: GH 149114908802 Section 2. The plan of financing such objects or purposes is the lease financing of or the issuance of $1,799,000.00 $799,000.00 serial bonds hereby authorized to be issued. Section 2. This ordinance shall be dated December 16, 2019 and shall take effect upon its approval by the Board of Estimate and Apportionment of the City of Albany and shall be deemed to have been in full force and effect on the same day as Ordinance 2.21.18 as adopted by the Common Council on March 5, 2018 took effect. President Pro Tem Kimbrough referred Ordinance 48.122.19 to the Finance, Assessment and Taxation Committee for further consideration. President Pro Tem Kimbrough noticed Ordinance 37.102.19 As Amended, asked passage and a roll call vote thereon: ORDINANCE NUMBER 37.102.19 (As Amended) AN ORDINANCE AMENDING CHAPTER 323 (STREETS AND SIDEWALKS) OF THE CODE OF THE CITY OF ALBANY BY ENACTING A NEW ARTICLE II-A TO BE ENTITLED: “HONORARY STREET NAMINGS” The City of Albany, in Common Council convened, does hereby ordain and enact: Section 1. Chapter 323 (Streets and Sidewalks) of the Code of the City of Albany is amended by adding a new Article II-A to read as follows: Article II-A Honorary Street Namings §323-63.1 Legislative Intent It is hereby found and determined that the creation of an honorary street naming dedication program enables the City of Albany to commemorate individuals who have made significant contributions to the community and humanity. These honorary street names are meant to commemorate the honoree and do not replace the official street name or require re-addressing of the street involved. §323-63.2 Criteria for Approval A. The Common Council shall evaluate and approve all honorary street naming dedications pursuant to the following criteria: 1. The honoree must have made a demonstrable and significant positive impact on the community or contributed to the cultural, economic, educational, intellectual, political or scientific vitality of the community or have made an extraordinary contribution in the service of humanity. 2. The honoree must be a natural person and no living individual shall be the subject of a proposed dedication, except by unanimous consent of the Common Council. 3. Proposals shall not be for names that could reasonably be considered derogatory, obscene or blasphemous.  4. Honorary designations shall be confined to the right-of-way within the vicinity of the home, organization, or location associated with the honoree. 5. The proposed name may not duplicate or be potentially confused with the name of an official City street name. 6. Each Council Member and the Mayor may propose up to two honorary dedications per calendar year except in the circumstance where the naming is upon the request of the Mayor, in which case it shall not be counted as a dedication by the Council Member. Dedications by Council Members shall be within their respective wards. B. The Common Council shall consider the honorary street naming dedication at a Council meeting and the decision to adopt an honorary street name based on the criteria in this section shall be effectuated through the adoption of a resolution of the Common Council. §323-63.3 Application Procedure A. Requests for honorary dedications shall be submitted in writing to the City Clerk, with an application fee of fifty ($50) dollars (except when sponsored by a Common Council Member) in accordance with the following criteria: 1. The submission shall provide the name and contact information of the person or group requesting an honorary street dedication; 2. The submission shall state the name of the individual or group intended to be honored; 3. The submission shall be accompanied by a biography of, and the reasons for honoring the individual or group, including the person or group’s relevance to the location being proposed; 4. The applicant shall include a map of the location of the proposed honorary street dedication, including total length of the street to be affected and bounding streets or other boundaries as necessary. B. Upon receipt of a completed application, the Common Council shall conduct a review for compliance with the requirements set forth in this article, and shall have 90 days to make a determination on the application. This review shall include providing the Albany Police Department Division of Traffic Engineering with a copy of the completed application, so the Department can evaluate and transmit an impact report to the Council, to ensure the proposed signage will not be confusing to the public. Upon expiration of the 90 days, absent action by the Council, the request is deemed denied. C. If a resolution to effectuate the proposed honorary street dedication is adopted, then the party requesting the dedication shall deposit funds equal to the cost of the signage, not to exceed three- hundred ($300) dollars with the City Treasurer’s Office and upon receipt of such payment, the signage will be created and installed by the Division of Traffic Engineering in accordance with this article.  §323-63.4 Honorary Street Dedication Signage and Restrictions A. In order to provide for consistency in naming of streets and to promote safety of the community, all honorary street dedication signs must conform to the following criteria: 1. Honorary street dedication signs must be mounted in a way that distinguishes them and does not detract from the primary street sign and therefore may be mounted above or below the primary street sign, or in any other way that is clearly distinguishable from the primary street sign. 2. Honorary street dedication signs shall have a distinct design, as determined by the Division of Traffic Engineering, and be in a contrasting color to distinguish them from primary street name signs. B. Only a segment of street between one and four contiguous blocks may be proposed for honorary street designation and in the case of walkways, trails, or bicycle paths, the designation may apply to the entire length of the way. C. Honorary street dedication signs are valid only for a period of ten years, at which point the signage may be removed by the City unless the period of placement is extended by the Common Council. D. Signs may be removed at any point as deemed necessary by motion of the Common Council. Section 2. This ordinance shall take effect thirty (30) days after enactment. 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 Kimbrough held the pending ordinances on the agenda for further consideration. CONSIDERATION OF RESOLUTIONS Council Member Johnson noticed Resolution 84.122.19R, asked passage and a roll call vote thereon: Resolution Number 84.122.19R RESOLUTION EXPRESSING SUPPORT FOR THE DESIGNATION OF NOVEMBER 20 THROUGH DECEMBER 20 AS “NATIONAL SURVIVORS OF HOMICIDE VICTIMS AWARENESS MONTH” WHEREAS, the United States faces a national public health crisis of gun violence; WHEREAS, more than 13,000 homicides each year continue to rob families and communities of loved ones; WHEREAS, for every 1 homicide victim, there are at least 10 surviving family members, resulting in over 130,000 new survivors of homicide victims each year; WHEREAS, homicide victims are loved and grieved by mothers, fathers, sisters, brothers, sons, daughters, husbands, wives, partners, grandparents, aunts, uncles, extended family members, friends, neighbors, classmates, colleagues, and communities across the country; WHEREAS, almost 1 in 4 Black American and Hispanic/Latinx adults report having lost a loved one to gun-related homicide; WHEREAS, losing a loved one to homicide is one of the most traumatic events a person can experience; WHEREAS, homicide is the leading cause of death among Black Americans ages 12–19 and the second leading cause of death for teenagers nationwide; WHEREAS, more than half of women who are victims of homicides are killed because of intimate partner violence; WHEREAS, 40 percent of homicides in the United States go unsolved; WHEREAS, homicide results in short-term and chronic physical and behavioral health consequences that carry significant behavioral and economic burdens on families and communities impacted by trauma; WHEREAS, all families of homicide victims deserve to be treated with dignity and compassion; WHEREAS, surviving family members need holistic, coordinated, compassionate, and consistent support and services in the immediate aftermath of a homicide and ongoing opportunities for healing in the months and years afterward; WHEREAS, surviving family members want to remember and honor their loved one’s lives regardless of the circumstances surrounding their death; WHEREAS, survivors of homicide victims are using their tragedies to inform, influence, and impact public policy so that all children, regardless of where they live, can grow up in a safe, peaceful community; Whereas survivors, advocates, and providers are working to implement equitable and effective community-based responses to homicide; WHEREAS, the leadership by surviving family and community members is essential to disrupting cycles of violence and promoting peace in all communities; and WHEREAS, recognition of the needs of survivors can help combat trauma, foster healing, and inform joy for families and communities impacted by homicide. Now, therefore, be it Resolved, That the Common Council of the City of Albany— 2 (1) expresses support for the designation of November 20 through December 20 as ‘‘National Survivors of Homicide Victims Awareness Month’’; 5 (2) supports efforts to— 6 (A) raise awareness of survivors of homicide victims; 8 (B) support survivors of homicide victims, 9 including families, schools, and communities, 10 with support services and information; and 11 (C) encourage research— 12 (i) to better address the needs of families and communities severely impacted by 14 violence; and (ii) to consider ways to improve access 2 to, and the quality of, behavioral health 3 services for survivors of homicide victims; 4 and 5 (3) calls on the people of the United States, interest groups, and affected persons— 7 (A) to promote awareness of survivors of 8 homicide victims; 9 (B) to take an active role in the fight to 10 end gun violence and homicide; 11 (C) to respond to all families suffering in 12 the aftermath of homicide with consistency, compassion, and competence; and (D) to observe National Survivors of Homicide Victims Awareness Month with appropriate activities. * Resolution 84.122.19R was co-sponsored by Council Members Anane, Applyrs, Balarin, Conti, Doesschate, Fahey, Farrell, 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 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 Doesschate on the behalf of Finance, Assessment and Taxation Committee noticed Resolution 85.122.19R, asked passage and a roll call vote thereon: Resolution Number 85.122.19R RESOLUTION OF THE COMMON COUNCIL AUTHORIZING THE LEVY OF 2020 BUSINESS IMPROVEMENT DISTRICT (BID) CHARGES AND AUTHORIZING THE TREASURER TO PLACE SUCH CHARGES ON THE 2020 TAX BILLS WHEREAS, the Lark Street Area Business Improvement District (BID) was established by the Common Council on November 6, 1995 by Local Law No. 10-1995; and WHEREAS, the Downtown Albany Business Improvement District (BID) was established by the Common Council on November 20, 1995 by Local Law No. 11-1995; and WHEREAS, the Central Business Improvement District (BID) was established by the Common Council on November 17, 1997 by Local Law No. 5-1997; and WHEREAS, the operation of the BID is governed by the provisions set forth in Article 19-A of the General Municipal Law, Section 980j of which requires that the expense incurred in the operation of the district shall be financed in accordance with the district plan upon which the establishment of the district was based, and that the district charge upon benefited real property shall be imposed as provided in the district plan; and that the charge shall be determined, levied, and collected in the same manner and at the same time and by the same officers as the general municipal taxes are levied and collected; and WHEREAS, the proposed 2020 Lark Street BID budget, includes $100,153.71 in anticipated revenue to be generated by the BID charge; and; WHEREAS, the proposed 2020 Downtown BID budget, includes $798,059.00 in anticipated revenue to be generated by the BID charge; and; WHEREAS, the proposed 2020 Central BID budget, includes $558,131.19 in anticipated revenue to be generated by the BID charge; and; NOW, THEREFORE, BE IT RESOLVED, that the combined amount of the three BID budgets totaling $1,456,343.90 shall constitute a levy of the amount to be raised by the BID charge, and a warrant to the Clerk/Treasurer to spread and extend such levy upon the properties in each BID in accordance with the BID plans, and to collect the same. BE IT FURTHER RESOLVED, that such individual sums, being hereby levied against said liable properties, amounting in the aggregate to $1,456,343.90 shall be placed on the 2020 tax roll of the City of Albany and further allocated individually to the liable properties in conjunction with said properties’ 2020 tax bills. RESOLVED, that the charges totaling $1,456,343.90 represent the following: 1) Lark Street Area Business Improvement District - $100,153.71 2) Downtown Albany Business Improvement District -$798,059.00 3) Central Business Improvement District - $558,131.19 RESOLVED, that the Clerk of the City of Albany is directed to forward a certified copy of this resolution to the Treasurer of the City of Albany. There being no further discussion, President Ellis called for a roll call vote thereon and the Resolution was ADOPTED: The Resolution passed by the following vote of all Council Members elected voting in favor thereof: Affirmative – Anane, Applyrs, Balarin, Conti, Doesschate, Fahey, Farrell, Flynn, Hoey, Igoe, Johnson, Kimbrough, Love, and O’Brien Affirmative 14 Negative 0 Abstain 0 Council Member Doesschate on the behalf of Finance, Assessment and Taxation Committee noticed Resolution 86.122.19R, asked passage and a roll call vote thereon: Resolution Number 86.122.19R RESOLUTION OF THE COMMON COUNCIL AUTHORIZING THE LEVY UPON CITY OF ALBANY PROPERTIES FOR UNPAID WATER AND SEWER CHARGES WHEREAS, Section 604(e) of the Charter of City of Albany states that “all water and sewer charges shall be collected by the City Treasurer in the manner set forth in Second Class Cities Law and be a lien upon the property assessed as a general City tax and as a part thereof shall be levied and collected” pursuant to the procedures set forth in Section 604 of the City Charter; and WHEREAS, Public Authorities Law Section 1115-i(9) calls for all unpaid water and sewer charges in the preceding year to be levied and placed on annual tax rolls of the City of Albany under the name “delinquent water and sewer charges”; and WHEREAS, the Chief Financial Officer of the Albany Water Board has filed with the City of Albany a statement of unpaid water and sewer charges for the year 2018 and 2019 totaling $3,197,755.07. NOW, THEREFORE BE IT RESOLVED, by the City of Albany Common Council that there be a delinquent water and sewer charge levied and assessed against each specific lot or parcel of land as set forth in the statement of unpaid water and sewer charges for the year 2018 by the Albany Water Board. BE IT FURTHER RESOLVED, that such individual sums, being hereby levied against said liable properties, amounting in the aggregate to $3,197,755.07 shall be placed on the 2020 tax roll of the City of Albany and further allocated individually to the liable properties in conjunction with said properties’ 2020 tax bills. RESOLVED, that the Clerk of the City of Albany is directed to forward a certified copy of this resolution to the Treasurer of the City of Albany. There being no further discussion, President Ellis called for a roll call vote thereon and the Resolution was ADOPTED: The Resolution passed by the following vote of all Council Members elected voting in favor thereof: Affirmative – Anane, Applyrs, Balarin, Conti, Doesschate, Fahey, Farrell, Flynn, Hoey, Igoe, Johnson, Kimbrough, Love, and O’Brien Affirmative 14 Negative 0 Abstain 0 Council Member Anane noticed Resolution 87.122.19R, asked passage and a roll call vote thereon: Resolution Number 87.122.19R RESOLUTION OF THE COMMON COUNCIL AUTHORIZING THE LEVY UPON CITY OF ALBANY PROPERTIES FOR UNPAID CHARGES OF THE DEPARTMENT OF FIRE AND EMERGENCY SERVICES, DEPARTMENT OF BUILDING AND CODES AND THE DEPARTMENT OF GENERAL SERVICES WHEREAS, the Department of Fire and Emergency Services was created under Part 2 of Chapter 42 of the Code of the City of Albany; and WHEREAS, the Department of Building and Codes was created under Part 2 of Chapter 42 of the Code of the City of Albany; and WHEREAS, the Department of General Services was created under Part 5 of Chapter 42 of the Code of the City of Albany; and WHEREAS, all of the above-referenced departments have the ability to apply charges to real property the services they perform at those properties during the course of any tax year; and WHEREAS, those charges are transmitted to the Treasurer of the City of Albany and collected by the Treasurer; and WHEREAS, Chapter 258, Section 258-2 of the Code of the City of Albany provides that “any unpaid fees, fines or penalties levied against property, or owner(s) thereof, within the City of Albany that are owed to the City of Albany for the violation of any or all City laws, ordinances and promulgations, and of all state laws, shall be and remain a lien against the property, and such fees, fines or penalties shall be collected by the City from the owner(s) of such property in the same manner as taxes are collected, in that such fees, fines or penalties shall be added to the property tax bill of the subject property”; and  WHEREAS, on or about November 15 of each year, the Treasurer creates an accounting of all these charges that remain uncollected from the current and preceding year; and WHEREAS, all of these charges uncollected in the preceding year need to be levied and placed on the annual tax roll of the City of Albany; and WHEREAS, the Treasurer of the City of Albany has filed with the Common Council a statement of unpaid charges for the year 2019 and 2018 totaling $1,798,937.36. NOW, THEREFORE BE IT RESOLVED, by the City of Albany Common Council that there be delinquent charges levied and assessed against each specific lot or parcel of land as set forth in the statement of unpaid charges for the year 2019 and 2018 by the City of Albany. BE IT FURTHER RESOLVED, that such individual sums, being hereby levied against said liable properties, amounting in the aggregate to $1,798,937.36 shall be placed on the 2020 tax roll of the City of Albany and further allocated individually to the liable properties in conjunction with said properties’ 2020 tax bills. RESOLVED, that the charges totaling $1,798,937.36 represent the following: 1) Delinquent Board Up Charges and Illegal Debris Charges - $ 115,273.72 2) Delinquent Demolition Charges - $1,498,637.89 4) Property Management Fees - $185,025.75. RESOLVED, that the Clerk of the City of Albany is directed to forward a certified copy of this resolution to the Treasurer of the City of Albany. There being no further discussion, President Ellis called for a roll call vote thereon and the Resolution was ADOPTED: The Resolution passed by the following vote of all Council Members elected voting in favor thereof: Affirmative – Anane, Applyrs, Balarin, Conti, Doesschate, Fahey, Farrell, Flynn, Hoey, Igoe, Johnson, Kimbrough, Love, and O’Brien Affirmative 14 Negative 0 Abstain 0 Council Member Igoe on the behalf of Law, Building and Code Enforcement noticed the introduction of Resolution 88.122.19R as follows, which was held for further consideration: Resolution Number 88.122.19R RESOLUTION OF THE COMMON COUNCIL CONFIRMING THE APPOINTMENT OF MARISA A. FRANCHINI AS CORPORATION COUNSEL  WHEREAS, the Mayor of the City of Albany has, pursuant to the provisions of Article 3 of the City Charter, appointed Marisa A. Franchini as Corporation Counsel; NOW, THEREFORE, BE IT RESOLVED that Marisa A. Franchini is hereby confirmed as Corporation Counsel. President Pro Tem Kimbrough referred Resolution 88.122.19R to the Law, Building and Code Enforcement Committee for further consideration. President Pro Tem Kimbrough made a motion, which was duly seconded, requesting Majority Consent to add Resolution 89.122.19R (MC), 90.122.19R (MC), 91.122.19R (MC), and 92.122.19R (MC) to the agenda. There being no discussion, the motion was adopted by voice vote. Council Member Kimbrough on the behalf of Housing, and Community Development noticed Resolution 89.122.19R, asked passage and a roll call vote thereon: Resolution Number 89.122.19R (MC) RESOLUTION DESIGNATING THE MAYOR TO ACT AS OFFICIAL REPRESENTATIVE OF THE CITY OF ALBANY TO SUBMIT ANNUALLY TO THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT THE “ANNUAL ACTION PLAN”, AND AMENDMENTS THERETO, UNDER THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM WHEREAS, the Congress of the United States established the Community Development Block Grant Program; and WHEREAS, the Albany Community Development Agency has prepared the Annual Action Plan for the Community Development Block Grant Program Year 45 in accord with a public hearing held on May 23, 2019; and WHEREAS, pursuant to Sec. 570.303 of the Code of Federal Regulations, a grantee of a Community Development Block Grant must certify that its governing body has duly adopted a resolution authorizing a person to act as its official representative to submit the Action Plan, amendments thereto, and all understandings and assurances thereto, and directing authorizing the persons identified as the official representative of the grantee to act in connection with the submission of the Action Plan and to provide such additional information as may be required. NOW, THEREFORE, BE IT RESOLVED, that the Common Council hereby authorized the Mayor to act as the City of Albany’s official representative for the purpose of submitting the said Action Plan and all necessary understandings, assurances and amendments thereto. BE IT FURTHER RESOLVED, that the Common Council hereby adopts the Action Plan for the Community Development Block Grant Program Year 45 as prepared by the Albany Community Development Agency, together with and including all understandings and assurances required thereby. There being no further discussion, President Ellis called for a roll call vote thereon and the Resolution was ADOPTED: The Resolution passed by the following vote of all Council Members elected voting in favor thereof: Affirmative – Anane, Applyrs, Balarin, Conti, Doesschate, Fahey, Farrell, Flynn, Hoey, Igoe, Johnson, Kimbrough, Love, and O’Brien Affirmative 14 Negative 0 Abstain 0 Council Member Doesschate noticed the introduction of Resolution 90.122.19R (MC) as follows, which was held for further consideration: RESOLUTION NUMBER 90.122.19R (MC) A RESOLUTION OF THE COMMON COUNCIL AUTHORIZING AND DIRECTING THE CITY CORPORATION COUNSEL TO ENFORCE THE DECLARATION OF COVENANTS AND RESTRICTIONS DATED MAY 1, 2017, FOR 20 PARCELS LOCATED ON NEW SCOTLAND AVENUE, SOUTH ALLEN STREET, AND ONDERDONK AVENUE WHEREAS, the following 20 parcels within the City of Albany commonly owned by FM Promontory Capital, LLC are subject to a Declaration of Covenants and Restrictions dated, and duly filed with the Albany County Clerk’s Office on, May 1, 2017: 64.81-1-37; 64.81-1138; 64.81-1-39; 64.81-1-40; 64.81-1-47; 64.81-1-48; 64.81-1-49; 64.81-1-50; 64.81-1-51; 64.81-1- 52; 64.81-1-53; 64.81-1-554; 64.81-1-55; 64.81-1-56; 64.81-1-63; 64.81-1-64; 64.81-1-65; 64.81-1-566; 64.81-1-67; and 64.81-1-70; and WHEREAS, in 2017, the Common Council of the City of Albany adopted the Unified Sustainable Development Ordinance (“USDO”) through Ordinance Number 26.31.17, which also repealed former Chapter 375, “Zoning” of the City Code of Albany, adopted in 1993; and WHEREAS, the USDO rezoned the 20 parcels listed above into Mixed-Use- Neighborhood Center (MU-NC) and Multi-Family Residential (R-M) from Neighborhood Commercial (C-1) and Multi-Family Low-Density Residential District (R-3A); and WHEREAS, pursuant to former Chapter 375, “Zoning” of the City Code of Albany, buildings in the Neighborhood Commercial District (C-1) were limited to a maximum height of 35 feet, or roughly three and a half (3.5) stories and buildings in the Multi-Family Low-Density Residential District (R-3A) were limited to two and a half (2.5) stories; and  WHEREAS, the USDO authorizes buildings in the MU-NC district to be a maximum height of three and a half (3 ½ ) stories, or, four and a half (4 ½ ) stories if certain incentive requirements set forth in the USDO are met, and buildings in the R-M district to a maximum of four (4) stories; and WHEREAS, prior to the passage of Ordinance Number 26.31.17, members of the general public and members of the Common Council objected to rezoning the 20 parcels listed above based, in part, on the proposed increased height allowed for buildings on the parcels as a result of the proposed new zoning; and WHEREAS, the USDO, as proposed, did not have another appropriate zoning classification that would allow three (3) story apartment buildings that would be acceptable to residents and Council Members and was desired by the owner of the above-listed 20 parcels, FM Promontory Capital, LLC; and WHEREAS, in an effort to address those concerns, the Commissioner of Planning and Development, Chris Spencer, recommended that FM Promontory Capital, LLC, execute a restrictive covenant to address the concerns and objections that would also allow the 20 parcels listed above to be rezoned to allow three and a half (3.5) and three (3) story buildings; and WHEREAS, pursuant to Mr. Spencer’s recommendation, FM Promotory Capital, LLC, executed and filed, in May 2017, a Declaration of Covenants and Restrictions affecting the 20 parcels listed above, which is set forth in Attachment “A,” and such Declaration identified the 20 parcels list above as “New Scotland Village;” and WHEREAS, the Declaration of Covenants and Restrictions provides: “FM Promontory Capital, LLC, for itself and its successors and/or assigns, covenants that…building height is limited to a maximum of 3 stories plus subsurface parking or basement with the exception of the area fronting on New Scotland Avenue and extending 210 feet from the right-of-way line of New Scotland Avenue and an area extending 198 feet from the right-of-way of South Allen Street which may be 3.5 stories plus subsurface parking or basement area;” and WHEREAS, the Declaration of Covenants and Restrictions further provides: “…this Declaration is and shall be deemed a covenant that shall run with the land and shall be binding upon all future owners of …[the 20 parcels a/k/a New Scotland Village], and shall provide that the owner and its successors and assigns consent to enforcement by the City of Albany;” and  WHEREAS, in October 2018, Jankow Companies applied for Major Development Plan Review, Area Variance, Lot Consolidation, and Demolition Review for the 20 parcels listed above for a “mixed use development of the property includes a 5 story building with sub-surface garage for 75 parking spaces and a 26,602+/- SF footprint” including commercial facilities and apartments, …[and] 2 four story buildings with a total of 76 apartments with 64 subsurface parking and a 2 story building with 18 apartments…” which was also referred to in application documents as “New Scotland Village” and the City assigned such project Case File Number 00238 (Case File # 00238); and WHEREAS, FM Promontory Capital, LLC authorized the application; and WHEREAS, on August 27, 2019, the Planning Board of the City of Albany approved with conditions the Major Development Plan Review and Demolition Review for Case File #00238; and WHEREAS, Case File #00238 provides for the construction of a 5 story building in the MU-NC district fronting New Scotland Avenue, and two (2) four (4) story buildings in the R-M district in violation of the restrictive covenant set forth in the Declaration of Covenants and Restrictions that limits the building heights to 3.5 and 3 stories respectively; and WHEREAS, FM Promontory Capital, LLC executed a new Revision of Declaration of Covenants and Restrictions dated September 10, 2019, attempting to invalidate and remove the Declaration of Covenants and Restrictions filed in May 2017; and WHEREAS, the Declaration of Covenants and Restrictions grants the City of Albany the authority to enforce the restrictive covenants therein; NOW, THEREFORE, BE IT RESOLVED, the Common Council authorizes and directs the City of Albany Corporation Counsel to take any and all steps necessary and appropriate to enforce the Declaration of Covenants and Restrictions; and BE IT FURTHER RESOLVED, that the Common Council authorizes and directs the City of Albany Corporation Counsel to institute an action or proceeding in the Supreme Court of the County of Albany or other appropriate jurisdiction if necessary to enforce the restrictive covenant within the Declaration of Covenants and Restrictions, and obtain injunctive relief; and BE IT FURTHER RESOLVED, the Common Council authorizes and directs the City of Albany Corporation Counsel to take any and all steps necessary and appropriate to have the Revision of Declaration of Covenants and Restrictions declared invalid, and to have the Declaration of Covenants and Restrictions declared valid and enforceable; and BE IT FURTHER RESOLVED, the City of Albany Corporation Counsel shall provide updates to the Common Council on a regular basis and upon request regarding the actions taken and outcomes and shall obtain the approval of the Common Council before settling any action or proceeding initiated to declare the Declaration of Covenants and Restrictions valid and/or to enforce the same. President Pro Tem Kimbrough referred Resolution 90.122.19R (MC) to the Planning, Economic Development and Land Use Committee for further consideration. Council Member Fahey on the behalf of Planning, Economic Development and Land Use noticed Resolution 91.122.19R (MC), asked passage and a roll call vote thereon: Resolution Number 91.122.19R (MC) RESOLUTION OF THE COMMON COUNCIL APPOINTING GABRIELLA CEBADA MORA AS A MEMBER OF THE SUSTAINABILITY ADVISORY COMMITTEE WHEREAS, the Common Council of the City of Albany, pursuant to the Section 42-133 of Chapter 42 of the Code of the City of Albany, appoints Gabriella Cebada Mora as a member of the Sustainability Advisory Committee. NOW, THEREFORE, BE IT RESOLVED, that Gabriella Cebada Mora is hereby appointed as a member of the Sustainability Advisory Committee for a term expiring June 30, 2022. BE IT FURTHER RESOLVED, that this resolution shall take effect immediately. * Resolution 91.122.19R (MC) was co-sponsored by Council Members Anane, Balarin, Doesschate, Farrell, Hoey, Igoe, Johnson, Kimbrough, Love, and O’Brien There being no further discussion, President Ellis called for a roll call vote thereon and the Resolution was ADOPTED: The Resolution passed by the following vote of all Council Members elected voting in favor thereof: Affirmative – Anane, Applyrs, Balarin, Conti, Doesschate, Fahey, Farrell, Flynn, Hoey, Igoe, Johnson, Kimbrough, Love, and O’Brien Affirmative 14 Negative 0 Abstain 0 Council Member Love noticed Resolution 92.122.19R (MC), asked passage and a roll call vote thereon: Resolution Number 92.122.19R (MC) RESOLUTION OF THE COMMON COUNCIL DECLARING SEPTEMBER 1ST AS MAYJOR LEE DOUGLAS DAY IN THE CITY OF ALBANY. THIS DAY WILL BE A DAY TO REMEMBER MAYJOR’S SHORT LIFE AND LEGACY AND BRING AWARENESS TO THE DEVASTATING IMPACTS OF CHILD ABUSE AND SUPPORT EFFORTS TO PROTECT AND SAVE OUR CHILDREN WHEREAS, 2.9 million cases of child abuse are reported every year in the United States and more than 4 children die from abuse and neglect daily and most of these children are under the age of 3. The largest number of perpetrators of abuse are between the age of 18 to 44; and WHEREAS, Mayjor’s life was full or purpose and promise when he entered the world on December 7th, 2016 to Aunri and Mayanna Douglas; and WHEREAS, Mayjor, affectionately known as “Majee,” was loved by all who knew him. He was quiet, very observant and exceptionally smart. Mayjor had a smile that could light up any room and melt any heart. He was also known for his deep soulful voice that always made people chuckle with enjoyment. Although Mayjor was quiet, his personality came alive while playing or watching cartoons with his beloved brother AJ and sister Auna. The three of them were inseparable; and WHEREAS, Mayjor Lee Douglas’s journey was tragically ended when at only 3 years of age he lost his life to Child Abuse; and WHEREAS, His little heart had love for many people but his Great-Grandma Pearl Frazier- Drake held an extra special place in his heart. This little soul leaves behind to cherish his memory his father, Aunri Douglas, mother, Mayanna Douglas, siblings Aunri Douglas Jr., Auna Douglas, Grandparents, Henry Douglas, Tammy Alexander, Robert Tune, Leslie Shannon, Great Grandmother, Pearl Frazier Drake and whole host of uncles, aunts, cousins and friends; and NOW, THEREFORE, BE IT RESOLVED, every September 1st will be Mayjor Lee Douglas Day and his tragic death will not be in vain but his memory will live on in our efforts to educate our community and bring awareness to the devastating impacts of child abuse and work fervently to end abuse and protect our youngest victims. * Council Members Doesschate and Love spoke on the Resolution prior to passage. * Resolution 92.122.19R (MC) was co-sponsored by Council Members Anane, Applyrs, Balarin, Conti, Doesschate, Fahey, Farrell, 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 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 Doesschate on the behalf of Finance, Assessment and Taxation noticed Resolution 70.102.19R (MC) (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) which had been previously introduced, requested passage and a roll call vote thereon. There being no further discussion, President Ellis called for a roll call vote thereon and the Resolution was ADOPTED: 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 Doesschate noticed Resolution 75.111.19 As Amended, asked passage and a roll call vote thereon. Resolution Number 75.111.19R As Amended 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 EMERGENCY TENANT PROTECTION ACT WHEREAS, according to the American Community Survey (ACS), there are a total of 41,245 households in the City of Albany and of those households, 25,911 are renting their homes; and WHEREAS, according to federal guidelines surrounding housing affordability, families should pay no more than thirty percent of their income in rent; and WHEREAS, according to a study conducted by the Fiscal Policy Institute (2019), nearly fifty percent of the households who rent in the City of Albany are “cost burdened”; and WHEREAS, according to data from the US Census Bureau that was analyzed by the Neighborhood Preservation Coalition of New York State in 2019, the City of Albany has lost thousands of affordable rentals over the past 10 years; and WHEREAS, preserving the affordability of units across the city and ensuring that going forward rents increase in a sustainable manner should be a goal of our City’s leadership; and  WHEREAS, as of June 14, 2019, the geographic restrictions of the New York State Emergency Tenant Protection Act of 1974 (ETPA) were removed, allowing municipalities to opt in to the ETPA; and WHEREAS, opting in to the ETPA would allow for the establishment of a rent guidelines board within Albany County, that would be tasked with regulating rental rates in the subset of housing that qualifies under the ETPA (buildings with 6 or more units, built on or before 1974); and WHEREAS, in order to determine the City of Albany’s eligibility to opt-in to the EPTA, a current housing vacancy survey must be conducted; and NOW, THEREFORE, BE IT RESOLVED, that the City of Albany’s Common Council calls upon Mayor Sheehan’s Administration to commission a housing vacancy survey to determine the City’s eligibility under the ETPA. * Council Members Doesschate, Johnson, Balarin and Anane spoke on the Resolution prior to passage. * Resolution 75.111.19R was co-sponsored by Council Members Anane, Applyrs, Balarin, Farrell, Hoey, Johnson, Kimbrough, and O’Brien There being no further discussion, President Ellis called for a roll call vote thereon and the Resolution was ADOPTED: The Resolution passed by the following vote of all Council Members elected voting in favor thereof: Affirmative – Anane, Applyrs, Balarin, Conti, Doesschate, Fahey, Farrell, Flynn, Hoey, Igoe, Johnson, Kimbrough, Love, and O’Brien Affirmative 14 Negative 0 Abstain 0 Council Member O’Brien on the behalf of General Service, Health and Environment noticed Resolution 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) which had been previously introduced, requested passage and a roll call vote thereon. There being no further discussion, President Ellis called for a roll call vote thereon and the Resolution was ADOPTED: The Resolution passed by the following vote of all Council Members elected voting in favor thereof: Affirmative – Anane, Applyrs, Balarin, Conti, Doesschate, Fahey, Farrell, Flynn, Hoey, Igoe, Johnson, Kimbrough, Love, and O’Brien Affirmative 14 Negative 0 Abstain 0 Council Member Anane and Hoey with the support of Council President Ellis noticed Resolution 77.111.19 As Amended, asked passage and a roll call vote thereon. RESOLUTION NUMBER 77.112.19R As Amended 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 Members Hoey, Balarin and Anane spoke on the Resolution prior to passage. * Resolution 77.112.19R As Amended was co-sponsored by Council Members Anane, Applyrs, Balarin, Conti, Doesschate, Fahey, Farrell, 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 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 O’Brien on the behalf of General Service, Health and Environment noticed Resolution 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) which had been previously introduced, requested passage and a roll call vote thereon. There being no further discussion, President Ellis called for a roll call vote thereon and the Resolution was ADOPTED: The Resolution passed by the following vote of all Council Members elected voting in favor thereof: Affirmative – Anane, Balarin, Conti, Doesschate, Fahey, Farrell, Flynn, Hoey, Igoe, Johnson, Kimbrough, Love, and O’Brien Affirmative 13 Negative 0 Abstain 0 Council Member Doesschate on the behalf of Finance, Assessment and Taxation WITHDREW Resolution 79.112.19R (MC) (RESOLUTION OF THE COMMON COUNCIL CONSENTING TO AN ADJUSTMENT IN SALARY FOR CERTAIN POSITIONS FOR THE 2019 BUDGET (WATER DEPARTMENT)) which had been previously introduced. Council Member O’Brien on the behalf of General Service, Health and Environment noticed Resolution 80.112.19R (MC) (RESOLUTION OF THE COMMON COUNCIL CONSENTING TO AN ADJUSTMENT IN SALARY FOR CERTAIN POSITIONS FOR THE 2020 BUDGET) which had been previously introduced, requested passage and a roll call vote thereon. There being no further discussion, President Ellis called for a roll call vote thereon and the Resolution was ADOPTED: The Resolution passed by the following vote of all Council Members elected voting in favor thereof: Affirmative – Applyrs, Balarin, Conti, Doesschate, Fahey, Farrell, Flynn, Hoey, Igoe, Johnson, Kimbrough, Love and O’Brien Affirmative 13 Negative 0 Abstain 0 President Pro Tem Kimbrough held the remaining Resolutions on the pending agenda for further consideration. MISCELLANEOUS AND UNFINISHED BUSINESS: Majority Leader Farrell offered the following, which was approved by unanimous voice vote: RESOLVED THAT THE FOLLOWING PERSONS BE AND HEREBY ARE APPOINTED COMMISSIONERS OF DEEDS FOR THE CITY OF ALBANY, NEW YORK FOR THE TERM ENDING DECEMBER 31, 2021, AND WAIVE THE READING OF THE NAMES: Andre, Michele, Common Council, 24 Eagle Street, Albany, NY 12207 McGriff, Jelani, City Clerk’s Office, 24 Eagle Street, Albany, NY 12207 The following Council Members commented on the following topics: Council Member Hoey (Snow Removal) Council Member Fahey (Snow Removal) Council Member Anane (Madison Theatre Block Party) President Ellis (Farewell Dorcey Applyrs, Rent Control & Nurses of Albany Medical Center in their efforts to secure a fair contract) 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 9:10 pm. Respectfully Submitted Michele Andre Senior Legislative Aide to the Common Council