Common Council Caucus & Regular Meeting

MINUTES OF A REGULAR MEETING MONDAY, April 6, 2020 The Common Council was convened at 7:20 p.m. and was called to order by President Ellis. This meeting was held following Governor Cuomo’s executive order 202.1 and it live streamed on Facebook https://www.facebook.com/albany.commoncouncil/ using Zoom as the meeting platform. The roll being called, the following answered to their names: Anane, Balarin, Conti, Doesschate, Fahey, Farrell, Flynn, Frederick, Hoey, Igoe, Johnson, Kimbrough, Love, O’Brien, Robinson and President Ellis. Also present was the following staff: Danielle Gillespie, John-Raphael Pichardo, Brett Williams, and Michele Andre. Council President Ellis led the Pledge of Allegiance. PUBLIC COMMENT PERIOD 1) John Wright, P.O. Box 2168 One Washington Street Glens Falls, New York (Blood Plasma) There being no further speakers, the President declared the Public Comment Period closed. Approval of Minutes President Pro Tem Kimbrough made a motion to approve the minutes of March 2, 2020 meeting of the Council, which was duly seconded, and APPROVED by unanimous voice vote. CONSIDERATION OF LOCAL LAWS: Council Member Conti noticed the introduction of Local Law E - 2020 as follows, which was held for further consideration: LOCAL LAW E OF 2020 A LOCAL LAW AMENDING PART I (ADMINISTRATIVE LEGISLATION) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO ENACTING A NEW CHAPTER 35 TO BE ENTITLED: “APPOINTEES TO PUBLIC BODIES; REMOVAL FROM OFFICE” BE IT ENACTED by the Common Council of the City of Albany as follows: Section 1. Part I (Administrative Legislation) of the Code of the City of Albany is amended by adding a new Chapter 35 to read as follows: Chapter 35 Appointees to Public Bodies; Removal from Office A. For the purposes of this chapter: (1) “Appointee” shall mean any individual appointed to a public body for a fixed term of office. (2) “Public Body” shall mean, but not be limited to, any board, commission, authority, committee or task force established under this code or by a legislative action of the Common Council. B. Any appointee of a pubic body may be removed prior to the expiration of their term of appointment for cause by the appointing authority following notice for the grounds for removal and an opportunity to be heard. C. The provisions of this chapter shall apply in instances where a removal for cause of an appointee is not otherwise provided for in the authorizing enactment of a public body or under the City Charter. Section 2. This local law shall take effect upon final passage, public hearing and filing with the Secretary of State. President Pro Tem Kimbrough referred Local Law E - 2020 to the Council Operations and Ethics Committee for further consideration. Council Member Conti noticed Local Law C – 2020 As Amended (A LOCAL LAW AMENDING ARTICLE XIV (GENERAL PROVISIONS) OF PART 6 (DEPARTMENT OF ADMINSTRATIVE SERVICES) OF CHAPTER 42 (DEPARTMENTS AND COMMISSIONS) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO EMPLOYEE DIVERSITY TRAINING) which had been previously introduced, requested passage and a roll call vote thereon. * Council Members Conti spoke on the Local Law prior to passage. Local Law C - 2020 was co-sponsored by Council Members Balarin, Doesschate, Fahey, Farrell, Flynn, Frederick, Hoey, Igoe, Kimbrough, Love, O’Brien, and Robinson 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 present voting in favor thereof: Affirmative – Anane, Balarin, Conti, Doesschate, Fahey, Farrell, Flynn, Frederick, Hoey, Igoe, Johnson, Kimbrough, Love, O’Brien, and Robinson Affirmative 15 Negative 0 Abstain 0 Council Member Farrell noticed Local Law D – 2020 (A LOCAL LAW AMENDING ARTICLE III (SENIOR CITIZEN TAX EXEMPTION) OF CHAPTER 333 (TAXATION) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO THE FILING OF APPLICATION FOR EXEMPTION) which had been previously introduced, requested passage and a roll call vote thereon. Local Law D - 2020 was co-sponsored by Council Members Conti, Doesschate, Fahey, Hoey, Igoe, Kimbrough, Love, and O’Brien There being no 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 present voting in favor thereof: Affirmative – Anane, Balarin, Conti, Doesschate, Fahey, Farrell, Flynn, Frederick, Hoey, Igoe, Johnson, Kimbrough, Love, O’Brien, and Robinson Affirmative 15 Negative 0 Abstain 0 President Pro Tem Kimbrough held the remaining Local Laws on the pending agenda. REPORTS OF STANDING COMMITTEES: Finance, Assessment and Taxation: Council Member Farrell reported that the committee met April 2, 2020 at 5:00PM on Local Law D - 2020, Ordinance 43.112.19, Resolution 2.22.20, Resolution 15.31.20 and Resolution 22.31.20. Local Law D - 2020, Ordinance 43.112.19 As Amended, Resolution 2.22.20, Resolution 15.31.20 and Resolution 22.31.20 were moved out of committee. Planning, Economic Development and Land Use: Council Member Fahey reported that the committee met on March 25, 2020 at 5:30PM to review Resolution 28.41.20R (the re- authorization of Capitalize Resource Corporation (CRC)). Resolution 28.41.20R (reflects two- year authorization) were moved out of committee with a positive recommendation. Housing and Community Development: Council Member Doesschate reported the Committee met on March 17, 2020 at 5:30PM to review Resolution 17.31.20R. Resolution 17.31.20 was moved out of committee with a positive recommendation. Human Resources and Human Rights: Council Member Robinson reported the Committee met on March 26, 2020 at 5:30PM to interview candidates for Commission on Human Rights. Committee recommends Travon Jackson for the term August 21, 2022 and Natisha Alexander for the term August 21, 2020. CONSIDERATION OF ORDINANCES Council Member Love noticed Ordinance 4.41.20 as follows, which was held for further consideration: Ordinance Number 4.41.20 AN ORDINANCE OF THE COMMON COUNCIL AUTHORIZING THE SALE TO THE LEGAL AID SOCIETY OF NORTHEASTERN NEW YORK, INC. OF CITY OWNED LAND AT 69 SHERMAN STREET (Tax Map Parcel #65.72-3-24) 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 0.07 +/- acre parcel at 69 Sherman Street (Tax Map Parcel #65.72-3-24), be sold at private sale pursuant to the provisions of Local Law No. 4 of 1984 to the Legal Aid Society of Northeastern New York, Inc. 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. It is hereby determined that the aforesaid properties have been abandoned for municipal or public purposes. Section 5. This ordinance shall take effect immediately. President Pro Tem Kimbrough referred noticed Ordinance 4.41.20R to the Finance, Assessment and Taxation Committee for further consideration. Council Member Love noticed Ordinance 5.41.20 as follows, which was held for further consideration: Ordinance Number 5.41.20 AN ORDINANCE OF THE COMMON COUNCIL AUTHORIZING THE SALE TO 39 COLUMBIA STREET ASSOC., LLC OF CITY OWNED LAND ALONG VAN TROMP STREET 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 5,989 +/- sq.ft. OR 0.14 +/- acre parcel at Van Tromp Street, bounded and describe as BEGINNING at the intersection of the southerly side of Van Tromp Street with the westerly side of Broadway; THENCE North 71°56’08” West a distance of 194.54 feet along the southerly side of Van Tromp Street, to a point; THENCE North 02°22’52” West a distance of 4.00 feet through the right of way of Van Tromp Street, to a point; THENCE South 87°44’27” East a distance of 178.90 feet through the right of way of Van Tromp Street, to a point THENCE Southeasterly along a curve to the right, radius of 17.50 feet, a distance of 26.90 feet, chord being S 45°45’43” E 24.33 feet, creating a new intersection of Van Tromp Street and Broadway, to a point on the westerly side of Broadway; THENCE South 15°21’32” West a distance of 41.79 feet along an extension of the westerly side of Broadway, to a point, being the point or place of beginning, be sold at private sale pursuant to the provisions of Local Law No. 4 of 1984 to 39 Columbia Street Assoc. LLC. SUBJECT to all easements, restrictions and rights-of-way of record. SUBJECT to a covenant not to erect any structure on the land to be sold or engage in any activity which would damage municipal infrastructure currently running through the subterranean portion of the parcel,  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 noticed Ordinance 5.41.20R to the Finance, Assessment and Taxation Committee for further consideration. Council Member Doesschate noticed Ordinance 8.41.20 as follows, which was held for further consideration: ORDINANCE NUMBER 8.41.20 AN ORDINANCE AMENDING CHAPTER 375 OF THE CODE OF THE CITY OF ALBANY (UNIFIED SUSTAINABLE DEVELOPMENT ORDINANCE) IN RELATION TO INCENTIVES FOR DEVELOPERS TO USE ENERGY EFFICIENT AND LOW IMPACT DESIGNS The City of Albany, in Common Council convened, does hereby ordain and enact: Section 1. Paragraph (b) (LOW IMPACT DEVELOPMENT) of subdivision (4) (INCENTIVES) of subsection (A) (DIMENSIONAL STANDARDS) of section 375-4 of Chapter 375 (DEVELOPMENT STANDARDS) of the Code of the City of Albany (Unified Sustainable Development Ordinance) is hereby amended to read as follows: (b) LOW IMPACT DEVELOPMENT New development or redevelopment of a site that incorporates a green (vegetated) roof designed so that off-site flow of the first one inch of rainfall during the first 24 hours after rainfall ends is reduced by at least 50 percent shall receive the following benefits: (i) The project may reduce any required building setback from any zoning district other than a residential zoning district by 20 percent (provided that the required reduction in off-site water flow is still achieved); and (ii) The project may increase the maximum height of any primary building (or part of a primary building) located more than 100 feet from a Residential zoning district other than the R-M Districts by one story. (iii)The Low-Impact Development incentives detailed above shall be suspended and not available for new development or redevelopment applications submitted between June 30, 2019 and June 30, 20202021.  Section 2. This ordinance shall take effect immediately. President Pro Tem Kimbrough referred noticed Ordinance 8.41.20R to the Planning, Economic Development and Land Use Committee for further consideration. Council Member Love noticed Ordinance 43.112.19 As Amended, which had been previously introduced, requested passage and a roll call vote thereon: ORDINANCE NUMBER 43.112.19 As Amended 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 the assessed value. Section 4. This ordinance shall take effect immediately. Ordinance 43.112.19 was co-sponsored by Council Members Farrell 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 present voting in favor thereof: Affirmative – Anane, Balarin, Conti, Doesschate, Fahey, Farrell, Flynn, Frederick, Hoey, Igoe, Johnson, Kimbrough, Love, O’Brien, and Robinson Affirmative 15 Negative 0 Abstain 0 Council Member Love noticed Ordinance 2.22.20 (AN ORDINANCE OF THE COMMON COUNCIL AUTHORIZING THE SALE TO ROY VINCENT OF A CITY OWNED VACANT LOTS AT 187 HENRY JOHNSON BOULEVARD, 217 THIRD STREET AND 219 THIRD STREET) which had been previously introduced, requested passage and a roll call vote thereon. * Council Members Anane spoke on the Ordinance prior to passage. Ordinance 2.22.20 was co-sponsored by Council Members Robinson There being no further discussion, President Ellis called for a roll call vote thereon and the ordinance was ADOPTED: The Ordinance passed by the following vote of all Council Members present voting in favor thereof: Affirmative – Anane, Balarin, Conti, Fahey, Farrell, Flynn, Frederick, Hoey, Igoe, Johnson, Kimbrough, Love, O’Brien, and Robinson Present – Doesschate Affirmative 14 Negative 0 Present 1 Council Member O’Brien notice Ordinance 3.31.20 (MC) As Amended as follows, which was held for further consideration: ORDINANCE NUMBER 3.31.20 (MC) As Amended 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 Residential Mixed-Use Special Purpose Proposed Zoning District Use-Specific R-1M MU-NE MU-NC MU-CU MU-CH MU-DT MU-CI MU-FW MU-FC MU-FS MU-FM Standard in R-1L R-2 R-T R-M R-V I-1 I-2 LC Section LAND USE CATEGORY 375-3 OFFICE & SERVICES Retail Blood Plasma Center C C C C (C)(4)(d)(1) (C) USE-SPECIFIC STANDARDS Section 375-3(C)(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. 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 all applicable licensing and certification requirements, including those of the Albany County and New York State Health Departments. Section 375-6 DEFINITIONS AND RULES OF CONSTRUCTION Section 375-6(B) DEFINITIONS BLOOD PLASMA CENTER A facility used for the extraction of blood, blood plasma, or blood components from human  beings for commercial for-profit purpose and that is not an accessory to a medical clinic or hospital. LIGHT MANUFACTURING The assembly, fabrication, or processing of goods and materials using processes that ordinarily do not create noise, smoke, fumes, odors, glare, or health or safety hazards discernible outside of the building or lot where such assembly, fabrication, or processing takes place, and that do not require frequent rail or truck traffic to deliver goods or remove materials or waste, and where such processes are housed entirely within a building. This shall not include a Blood Plasma Center. Section 2. If any section, subsection, sentence, clause, phrase, or portion of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions thereof, which shall remain in full force and effect. Section 3. This ordinance shall take effect immediately and deemed to have been in full force and effect on or after January 1, 2020 provided however, no board, commission, agency, department, officer, employee, consultant, or agent of the City of Albany shall accept for review, continue review, hold a hearing on, continue a hearing, or make any decision upon any application for site plan approval or special permit approval involving a Blood Plasma Center, as defined in sec 375-6(B) as added by section 1 of this ordinance, except in accordance with the provisions therein, whether said application was submitted prior to or after the effective date of this ordinance. President Pro Tem Kimbrough held the pending Ordinances on the agenda for further consideration. CONSIDERATION OF RESOLUTIONS Council Member Conti noticed Resolution 23.41.20R as follows, which was held for further consideration: Resolution Number 23.41.20R RESOLUTION OF THE COMMON COUNCIL ENACTING A HOME RULE MESSAGE TO THE NEW YORK STATE LEGISLATURE REQUESTING THE ENACTMENT OF SENATE BILL NO. 7606 AND ASSEMBLY BILL NO. 9114 ENTITLED: “AN ACT TO AMEND THE VEHICLE AND TRAFFIC LAW, IN RELATION TO THE RESIDENTIAL PERMIT PARKING SYSTEM IN THE CITY OF ALBANY; AND TO AMEND CHAPTER 454 OF THE LAWS OF 2010 AMENDING THE VEHILCE AND TRAFFIC LAW RELATING TOAUTHORIZING A PILOT RESIDENTIAL PARKING PERMIT SYSTEM IN THE CITY OF ALBANY, IN RELATION TO MAKING SUCH PROVISIONS PERMANENT”  WHEREAS, Chapter 454 of the NYS Laws of 2010, entitled “AN ACT to amend the vehicle and traffic law, in relation to authorizing a pilot residential parking permit system in the City of Albany and providing for the repeal of such provisions upon expiration thereof,” became a law on August 30, 2010, with the approval of the Governor establishing a pilot residential parking permit system in the City of Albany; and WHEREAS, S. 7606 and A. 9114 will amend LAWS OF NEW YORK, 2010, CHAPTER 454 to make permanent the residential parking permit system in the City of Albany first enacted and established as a pilot program by Chapter 454 of the Laws of 2010; and WHEREAS, legislation has been introduced in the New York State Senate and New York State Assembly to make the City of Albany’s residential parking system permanent and to make such additional modifications as shall be beneficial to the implementation and operation of the City of Albany residential parking permit system; and WHEREAS, such amendments are embodied within Senate Bill No. 7606 and Assembly Bill No. 9114; NOW, THEREFORE BE IT RESOLVED, a Home Rule Request is hereby enacted and directed to the New York State Legislature requesting the enactment of Senate Bill No. 7606 and Assembly Bill No. 9114 entitled: “AN ACT to amend the vehicle and traffic law, in relation to the residential permit parking system in the City of Albany, and to amend chapter 454 of the laws of 2010 amending the vehicle and traffic law relating to authorizing a pilot residential parking permit system in the City of Albany, in relation to making such provisions permanent.” Council Member Farrell on the behalf of Finance, Assessment and Taxation noticed Resolution 24.41.20R as follows, asked passage and a roll call vote thereon: Resolution 24.41.20R RESOLUTION OF THE COMMON COUNCIL CONSENTING TO AN ADJUSTMENT IN SALARY FOR THE SPECIAL PROJECTS COORDINATOR POSITION IN THE MAYOR’S OFFICE AND FOR THE POSITION OF HR GENERALIST II IN THE POLICE DEPARTMENT 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 Mayor’s Office has requested an amendment to the 2020 proposed budget, adjusting the salary of the Special Projects Coordinator (budget line 1210.10.7000) adjusted as follows: Current Salary $48,962 Adjusted Salary $66,944 Difference +$17,982 and WHEREAS, the difference in salary will come from the Information Technology Unit’s Contracted Services budget line (1680.40.7440) as follows: From: A.1680.7440 (Contracted Services) $19,358 To: A.1210.7000 (Salaries) $17,982 A.1210.7801 (SS) $1,376 and WHEREAS, the Special Projects Coordinator position, which was a part-time, 30-hour per week position, will be become a full time, 37.5 hour per week job as reflected in this salary change effective March 16, 2020; and WHEREAS, the Police Department has requested an amendment to the 2020 final budget creating the position of HR Generalist II at a salary of $45,000 effective March 16, 2020, the details of which are as follows: From: A.3120.7803 (Compensation $48,442 To: A.3120.7000 (Salaries) $45,000 A.3120.7801 (Social Security) $3,442 NOW, THEREFORE, BE IT RESOLVED, that the Common Council of the City of Albany consents to the transfer of funds affecting the salary total for the Special Projects Coordinator position in the Mayor’s Office and an HR Generalist II in the Police Department as detailed above for the 2020 budget year. * Resolution 24.41.20 was co-sponsored by Council Members Flynn, Igoe, and Kimbrough There being no discussion, President Ellis called for a roll call vote thereon and the Resolution was ADOPTED: The Resolution passed by the following voice vote of all Council Members present voting in favor thereof: Affirmative – Anane, Balarin, Conti, Doesschate, Fahey, Farrell, Flynn, Frederick, Hoey, Igoe, Johnson, Kimbrough, Love, O’Brien, and Robinson Affirmative 15 Negative 0 Abstain 0 Council Member Conti noticed Resolution 25.41.20R as follows, asked passage and a roll call vote thereon: RESOULTION NUMBER 25.41.20R RESOLUTION OF THE COMMON COUNCIL RECOGNIZING TRANSGENDER DAY OF VISIBILITY AND AFFIRMING ITS SUPPORT FOR THE TRANS COMMUNITY WHEREAS the City of Albany values the diversity of its community; and WHEREAS March 31st is an annual day designated to show support for the transgender community; and WHEREAS such day is designated as Transgender Day of Visibility, which seeks to bring attention to the accomplishments of transgender people everywhere while fighting cissexism and transphobia by spreading understanding of trans people; and WHEREAS such day is meant to be a day of empowerment; and WHEREAS the Common Council and the City of Albany have been in the forefront of recognizing and supporting the trans community, including through the adoption of gender expression and gender identity non-discrimination laws long before adoption of statewide protections, and including the flying of the Transgender Pride Flag during LGBTQ Pride Month in June; NOW, THEREFORE, BE IT RESOLVED that the Albany Common Council reaffirms its support and recognition of the trans community as an essential part of the City of Albany’s diversity; and BE IT FURTHER RESOVED that the Common Council celebrates the accomplishments and contributions of the Trans Community to our City; and BE IT FURTHER RESOLVED that the Common Council recognizes Transgender Day of Visibility and further urges, that as part of this recognition, that the Mayor direct the flying of the Transgender Pride Flag over City Hall on March 31, 2020. * Council Member Conti spoke on the Resolution prior to passage. Resolution 25.41.20 was co-sponsored by Council Members Anane, Balarin, Conti, Doesschate, Fahey, Farrell, Flynn, Frederick, Hoey, Igoe, Johnson, Kimbrough, Love, O’Brien, and Robinson There being no further discussion, President Ellis called for a voice vote thereon and the Resolution was ADOPTED unanimously. Council Member Anane noticed Resolution 26.41.20R as follows, asked passage and a roll call vote thereon: Resolution Number 26.41.20R RESOLUTION OF THE COMMON COUNCIL DECLARING APRIL 22, 2020 TO BE EARTH DAY IN THE CITY OF ALBANY AND COMMEMORATING THE 50TH ANNIVERSARY WHEREAS, the Common Council of the City of Albany hereby declares April 22, 2020 to be Earth Day in the City of Albany, New York; and WHEREAS, Earth Day was first celebrated on April 22, 1970 when United States Senator Gaylord Nelson called on the people of the United States to hold elected officials accountable for failing to adequately protect the natural environment; and WHEREAS, after witnessing years of environmental neglect and mistreatment, Americans have gathered in cities across the nation on April 22nd to demand basic protections for our planet and have made a commitment to leave behind a healthier, more vibrant world for generations to come; and WHEREAS, Earth Day has spurred legislative and grassroots activity aimed at changing the way we interact with the environment, including the creation of the Environmental Protection Agency and the passage of the Clean Water Act, the Clean Air Act, as well as the Endangered Species Act; and WHEREAS, Earth Day serves as a reminder for people to engage in projects and initiatives to protect and restore the planet by doing such things as planting trees, removing litter, cleaning up local parks, conserving water and energy, along with other environmentally responsible actions. Fifty years later the mission remains the same; and WHEREAS, new and continuing challenges, including climate change, polluted oceans and waterways, loss of forest, wetlands, and other wildlife habitats, reinforce the need for adequate protections for the air we breathe, the water we drink, the land we inhabit as well as the animals we coexist with; and WHEREAS, Earth Day serves to reaffirm our personal responsibility as citizens of Earth to partake in a global effort to combat climate change and protect our plant. Fifty years we still reaffirm and strive to do even better; and WHEREAS, Earth Day encourages a need for greater environmental and climate literacy to not only strengthen environmental and climate protections but to also accelerate the development of green technologies and the creation of green jobs; and NOW, THEREFORE BE IT RESOLVED, that the Common Council of the City of Albany, renews its commitment to reduce waste, increase the use of green technologies throughout the City and ensure that the environmental impact of legislative action is always a top concern and priority; and  BE IT FURTHER RESOLVED, that the Albany Common Council hereby declares April 22, 2020 to be Earth Day in the City of Albany and calls upon the citizens of this great city to engage in environmentally responsible behaviors on a daily basis. * Council Member Anane and Doesschate spoke on the Resolution prior to passage. Resolution 26.41.20 was co-sponsored by Council Members Anane, Balarin, Conti, Doesschate, Fahey, Farrell, Flynn, Frederick, Hoey, Igoe, Johnson, Kimbrough, Love, O’Brien, and Robinson There being no further discussion, President Ellis called for a voice vote thereon and the Resolution was ADOPTED unanimously. Council Member Anane noticed Resolution 27.41.20R as follows, asked passage and a roll call vote thereon: RESOLUTION NUMBER 27.41.20R RESOLUTION COMMENDING THE NEW YORK STATE UNIFIED COURT SYSTEM, THE GOVERNOR OF THE STATE OF NEW YORK, AND THE MAYOR OF THE CITY OF ALBANY FOR STOPPING EVICTIONS WHILE COVID-19 AFFECTS OUR COMMUNITIES WHEREAS, Many people in our communities are being affected by this state of emergency and have lived in financial hard times before this state of emergency that this pandemic will exacerbate their financial problems; and WHEREAS, While this virus impacts our community, families should not have to worry about having a place to stay when their health should be a priority; and WHEREAS, The New York State Unified Court System has issued a directive to reduce traffic to the Court Houses and effectively stopping evictions until COVID-19 is contained; and WHEREAS, The Governor issued an executive order that stopped eviction proceedings for 90 days; and WHEREAS, The Mayor issued an emergency order that stopped the Sheriff from acting upon warrants of evictions; and NOW THEREFORE, BE IT RESOLVED, that the Common Council of the City of Albany hereby commends the New York State Unified Court System and the Governor of New York, and that the Clerk is directed to forward an embossed copy of this resolution to Chief Judge Janet DiFiore, Chief Administrative Judge Lawrence K. Marks and Governor Andrew Cuomo. * Council Member Anane spoke on the Resolution prior to passage. * Resolution 27.41.20 was co-sponsored by Council Members Anane, Balarin, Conti, Doesschate, Fahey, Farrell, Flynn, Frederick, Hoey, Igoe, Johnson, Kimbrough, Love, O’Brien, and Robinson There being no further discussion, President Ellis called for a voice vote thereon and the Resolution was ADOPTED unanimously. Council Member Fahey on the behalf of Planning, Economic Development and Land Use noticed Resolution 28.41.20R as follows, asked passage and a roll call vote thereon: Resolution Number 28.41.20R RESOLUTION OF THE COMMON COUNCIL CONSENTING TO THE AMENDMENT OF THE CITY OF ALBANY CAPITAL RESOURCE CORPORATION’S CERTIFICATE OF INCORPORATION AUTHORIZING THE CONTINUATION OF THE AUTHORITY OF THE CITY OF ALBANY CAPITAL RESOURCE CORPORATION TO ISSUE OBLIGATIONS TO FINANCE PROJECTS TO BE UNDERTAKEN BY THE CORPORATION WHEREAS, on January 31, 2008, Section 854 of the General Municipal Law, commonly referred to as the Civic Facilities Legislation, expired, leaving industrial development agencies unable to provide financial assistance to projects owned or operated by not-for-profit corporations (hereinafter referred to as “Civic Facility Projects”); and WHEREAS, the City of Albany Common Council acknowledged that the ability to finance Civic Facility Projects with tax-exempt bonds had been a very important tool for the City of Albany Industrial Development Agency (the “Agency”), as the Civic Facilities Projects undertaken by the Agency have increased employment opportunities for residents of the City of Albany and allowed local not-for-profit corporations to upgrade their facilities at the lowest possible cost; and WHEREAS, the City of Albany Common Council authorized the Agency to form the City of Albany Capital Resource Corporation (“CRC”) in accordance with Section 1411 of the New York State Not-For-Profit Corporation Law (the “NFPCL”) by resolution at the public meeting held on March 15, 2010; and WHEREAS, since the creation of the CRC in 2010 the CRC has assisted not-for-profit corporations with projects that have furthered its stated goals, such as: (1) relieving and reducing unemployment, (2) promoting and providing for additional and maximum employment, (3) bettering and maintaining job opportunities, (4) instructing or training individuals to improve or develop their capabilities for such jobs, (5) carrying on scientific research for the purpose of aiding a community or geographical area by attracting new industry in the community or area, and (6) lessening the burdens of government and acting in the public interest; and WHEREAS, the Common Council recognizes the benefits the CRC has been able to foster in the City of Albany since its creation; NOW, THEREFORE, BE IT RESOLVED, that the City of Albany Common Council consents to the amendment of CRC’s certificate of incorporation authorizing the continuation of the authority of the CRC to issue obligations to finance projects to be undertaken by the CRC in accordance with Section 1411 of the NFPCL for an additional two years, expiring on April 15, 2022; and  BE IT FURTHER RESOLVED that paragraph Seventeenth of the Certificate of Incorporation of the CRC shall be amended and such paragraph shall read as follows: “SEVENTEENTH: Notwithstanding anything herein to the contrary, the authority of the Corporation to issue Obligations to finance projects to be undertaken by the Corporation shall expire on April 15, 2022, subject to the determination by the Common Council to extend such authority by resolution duly adopted by the Common Council.” and BE IT FURTHER RESOLVED, that this resolution shall take effect immediately. * Council Members Fahey and Hoey spoke on the Resolution prior to passage. There being no discussion, President Ellis called for a roll call vote thereon and the Resolution was ADOPTED: The Resolution passed by the following vote of all Council Members present voting in favor thereof: Affirmative – Anane, Balarin, Conti, Doesschate, Fahey, Farrell, Flynn, Frederick, Hoey, Igoe, Johnson, Kimbrough, Love, O’Brien, and Robinson Affirmative 15 Negative 0 Abstain 0 Council Member Farrell noticed Resolution 29.41.20R as follows, which was held for further consideration: RESOLUTION NUMBER 29.41.20R A RESOLUTION AFFIRMING THE MANNER IN WHICH THE CITY OF ALBANY GRANTS REAL PROPERTY TAX EXEMPTIONS TO VETERANS AND CALLING ON THE STATE LEGISLATURE TO BRING THE STATE- WIDE VETERANS’ EXEMPTIONS IN LINE WITH THE CITY OF ALBANY’S PRACTICE WHEREAS, Article XII of Chapter 333 of Part II of the Code of the City of Albany allows for certain exemptions from real property taxation for Veterans; and WHEREAS, subsections 1 and 2 of section 458-a of the Real Property Tax Law provide certain exemptions for veterans as well; and WHEREAS, The City of Albany has been allowing for certain exemptions for combat veterans of forty percent (40%), which is in excess of what State Law allows; and WHEREAS, veterans have contributed so much to our freedom and safety that we will not turn our backs on them and will do what is necessary;  NOW THEREFORE, BE IT RESOLVED, that the Common Council of the City of Albany hereby affirms that the City will still allow for the same exemption amounts that it has historically granted to veterans; and BE IT FURTHER RESOLVED that the Common Council grants the necessary City Departments authority to administer those exemptions as they have done historically; and BE IT FURTHER RESOLVED that the Clerk will send this resolution to our representatives in both the State Senate and Assembly to encourage our representatives to amend our State laws to bring them into accordance and agreement with the more generous manner in which the City of Albany administers real property tax exemptions to veterans; and BE IT FURTHER, RESOLVED, that the Common Council of the City of Albany will work with our State Representatives and call for a Home Rule to allow and further authorize the City of Albany to continue exempting real property owned by our Veterans from taxation in the manner and amount that it historically has. Council Member Farrell on the behalf of Finance, Assessment and Taxation noticed Resolution 31.41.20R as follows, asked passage and a roll call vote thereon: RESOLUTION NUMBER 31.41.20R A RESOLUTION AUTHORIZING THE IMPLEMENTATION, AND FUNDING IN THE FIRST INSTANCE 100% OF THE FEDERAL-AID AND STATE "MARCHISELLI" PROGRAM-AID ELIGIBLE COSTS, OF A TRANSPORTATION FEDERAL-AID PROJECT, AND APPROPRIATING FUNDS THEREFORE WHEREAS, a Project Albany PSAP, Pedestrian Safety Improvements at 20 uncontrolled crosswalks and 12 signalized intersections, City of Albany, Albany County P.I.N. 1760.92 (the Project") is eligible for funding under Title 23 U.S. Code, as amended, that calls for the apportionment of the costs such program to be borne at the ratio of 100 % Federal funds. WHEREAS, the City of Albany desires to advance the Project by making a commitment of 100% of the non-federal share of the costs of Design Phase. NOW, THEREFORE, the Common Council duly convened does hereby RESOLVED, that the Common Council hereby approves the above-subject project; and it is hereby further RESOLVED, that the Common Council hereby authorizes the to pay in the first instance 100% of the federal and non-federal share of the cost of Design work for the Project or portions thereof; and it is further RESOLVED, that the sum of $253,000.00 hereby appropriated from the Ordinance_55.122.18 and made available to cover the cost of participation in the above phase of the Project; and it is further RESOLVED, that in the event the full federal and non-federal share costs of the project exceeds the amount appropriated above, Common Council of the City of Albany shall convene as soon as possible to appropriate said excess amount immediately upon the notification by the New York State Department of Transportation thereof, and it is further RESOLVED, that the Mayor of the City of Albany be and is hereby authorized to execute all necessary Agreements, certifications or reimbursement requests for Federal Aid and/or Marchiselli Aid on behalf of the City of Albany with the New York State Department of Transportation in connection with the advancement or approval of the Project and providing for the administration of the Project and the municipality's first instance funding of project costs and permanent funding of the local share of federal-aid and state-aid eligible Project costs and all Project costs within appropriations therefore that are not so eligible, and it is further RESOLVED, that a certified copy of this resolution be filed with the New York State Commissioner of Transportation by attaching it to any necessary Agreement in connection with the Project and it is further RESOLVED, this Resolution shall take effect immediately * Council Member Doesschate spoke on the Resolution prior to passage. There being no further discussion, President Ellis called for a voice vote thereon and the Resolution was ADOPTED unanimously. President Pro Tem Kimbrough made a motion, which was duly seconded, requesting Majority Consent to add Resolution 32.41.20R (MC) to the agenda. There being no further discussion, the motion was adopted by voice vote. Council Member O’Brien noticed Resolution 32.41.20R (MC) as follows, asked passage and a roll call vote thereon: RESOLUTION NUMBER 32.41.20R (MC) A RESOLUTION OF THE CITY OF ALBANY COMMON COUNCIL CALLING ON THE CITY OF ALBANY PLANNING BOARD TO DELAY CONSIDERATION OF THE MAJOR DEVELOPMENT PLAN AND CONDITIONAL USE PERMIT APPLICATIONS FOR PROJECT NAME – CSL PLASMA – HANNAFORD PLAZA LOCATED AT 900 CENTRAL AVENUE WHEREAS, the Common Council of the City of Albany (hereinafter “Common Council”) serves as the legislative branch of Albany's government, which is authorized to adopt, amend or repeal local laws, ordinances, resolutions and regulations pertaining to property and government affairs within the City; and WHEREAS, the Planning Board for the City of Albany (hereinafter “Planning Board”) reviews requests for Development Plan Review, Demolition Review and Major Land Subdivisions; and  WHEREAS, the company CSL Plasma, is desirous of operating a Blood Plasma Center at 900 Central Avenue – Hannaford Plaza; and WHEREAS, Somerset Associates, LP; 900 Central Avenue, LLC; Central Colvin Realty, LLC and Dedham Post Funding, LLC (hereinafter, “Applicants”) are the owners of 900 Central Avenue – Hannaford Plaza, and are desirous of allowing CSL Plasma to operate a Blood Plasma Center at that location; and WHEREAS, on February 20, 2020 the Common Council voted 14-0 to adopt Ordinance 44.112.19 as amended (hereinafter, “the Ordinance”), amending the Unified Sustainable Development Ordinance (USDO) for the City of Albany, by creating use specific standards for the operation of Blood Plasma Centers, and requiring a 1,000 foot separation between Blood Plasma Centers and residential neighborhoods, places of worship, public parks and schools; and WHEREAS, on March 3, 2020 the Common Council received correspondence from City of Albany Mayor Kathy M. Sheehan (hereinafter “the Mayor”) issuing a veto of the Ordinance, citing alleged procedural defects in the adoption of the Ordinance; and WHEREAS, in order to cure an alleged defect cited in the Mayor’s veto letter, the Common Council has added Ordinance 3.31.20 (MC) to its agenda and will schedule a Public Hearing when suitable COVID19 safety arrangements can be made; and WHEREAS, in order to cure an alleged defect cited in the Mayor’s veto letter, the Ordinance is scheduled to be considered by the Albany County Planning Board at the April 16, 2020 meeting; and WHEREAS, it is the intent of the Common Council to bring the Ordinance back for a vote when suitable COVID19 safety arrangements can be made, and, should the Ordinance be re- adopted, it will be forwarded back to the Mayor for her consideration; and WHEREAS, on March 3, 2020, the Planning Department for the City of Albany sent correspondence to the Applicants deeming their applications for major development plan and conditional use permit to be substantively complete; and WHEREAS, a Planning Board Workshop for the proposal occurred on March 10, 2020, however the Planning Board Public Hearing for the proposal scheduled for March 24, 2020 was canceled; and WHEREAS, the next date for which a Planning Board Public Hearing can be held for the proposal is April 21, 2020: and WHEREAS, the Common Council is concerned that the Planning Board will vote to approve the Applicant’s major development plan and conditional use permit applications without adequate separation between the proposed Blood Plasma Center location and residential areas, places of worship, public parks and schools; and  WHEREAS, it is the legislative intent of the Common Council to ensure that all locations for Blood Plasma Centers in the City of Albany will comply with the zoning amendment specified by the Ordinance, particularly as it relates to a 1,000 foot separation between Blood Plasma Centers and residential neighborhoods, places of worship, public parks and schools; and WHEREAS, there is currently a lawsuit pending in Supreme Court Albany County, Simpson v. City of Albany Board of Zoning Appeals, Index N. 03013/20 regarding the siting of the CSL Plasma, at Hannaford Plaza, 900 Central Avenue, which lawsuit has been delayed due to the COVID19 Pandemic. NOW THEREFORE, BE IT RESOLVED, that the Common Council of the City of Albany hereby calls upon the Planning Board to delay consideration of the major development plan and conditional use permit applications for project name – CSL Plasma – Hannaford Plaza located at 900 Central Avenue, until the New York State Supreme Court and the Albany Common Council can conclude their considerations of the USDO blood plasma siting issues which have been delayed due to the COVID19 pandemic; and BE IT FURTHER, RESOLVED, that the Clerk is directed to send a copy of this resolution to all City of Albany Planning Board Members. * Council Members O’Brien, Farrell, Hoey and Balarin spoke on the Resolution prior to passage. * Council Member Balarin experienced technical difficulties. Resolution 32.41.20 (MC) was co-sponsored by Council Members Balarin, Conti, Doesschate, Fahey, Farrell, Flynn, Frederick, Hoey, Igoe, Johnson, Kimbrough, and Love There being no further discussion, President Ellis called for a roll call vote thereon and the motion was ADOPTED: The motion passed by the following vote of all Council Members present voting in favor thereof: Affirmative – Anane, Balarin, Conti, Doesschate, Fahey, Flynn, Frederick, Hoey, Igoe, Johnson, Kimbrough, Love, O’Brien, and Robinson Affirmative 15 Negative 0 Abstain 0 Council Member Farrell on the behalf Finance, Assessment and Taxation noticed Resolution 15.31.20R (RESOLUTION OF THE COMMON COUNCIL CONSENTING TO A TITLE CHANGE FOR CERTAIN POSITIONS FOR THE 2020 BUDGET (Treasurer)) which had been previously introduced, requested passage and a roll call vote thereon. There being no discussion, President Ellis called for a roll call vote thereon and the motion was ADOPTED: The motion passed by the following vote of all Council Members present voting in favor thereof: Affirmative – Anane, Balarin, Conti, Doesschate, Fahey, Flynn, Frederick, Hoey, Igoe, Johnson, Kimbrough, Love, O’Brien, and Robinson Affirmative 15 Negative 0 Abstain 0 Council Member Doesschate noticed Resolution 17.31.20R (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) which had been previously introduced, requested passage and a roll call vote thereon. Resolution 17.31.20 was co-sponsored by Council Members Conti and Kimbrough There being no discussion, President Ellis called for a roll call vote thereon and the motion was ADOPTED: The motion passed by the following vote of all Council Members present voting in favor thereof: Affirmative – Anane, Balarin, Conti, Doesschate, Fahey, Farrell, Flynn, Frederick, Hoey, Igoe, Johnson, Kimbrough, Love, O’Brien, and Robinson Affirmative 15 Negative 0 Abstain 0 Council Member Farrell on the behalf Finance, Assessment and Taxation noticed Resolution 22.31.20R (RESOLUTION OF THE COMMON COUNCIL CONSENTING TO AN ADJUSTMENT IN SALARY, SOCIAL SECURITY, AND OVERTIME FOR CERTAIN POSITIONS IN THE BUILDINGS AND REGULATORY COMPLIANCE DEPARTMENT FOR THE 2020 BUDGET) which had been previously introduced, requested passage and a roll call vote thereon. * Council Members Anane, and Balarin spoke on the Resolution prior to passage. Resolution 22.31.20 was co-sponsored by Council Members Anane, Balarin, Conti, Doesschate, Fahey, Farrell, Flynn, Frederick, Hoey, Igoe, Johnson, Kimbrough, Love, O’Brien, and Robinson There being no further discussion, President Ellis called for a roll call vote thereon and the motion was ADOPTED: The motion passed by the following vote of all Council Members present voting in favor thereof: Affirmative – Anane, Balarin, Conti, Doesschate, Fahey, Flynn, Frederick, Hoey, Igoe, Johnson, Kimbrough, Love, O’Brien, and Robinson Affirmative 15 Negative 0 Abstain 0 President Pro Tem Kimbrough held the pending Resolution on the 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, 2020, AND WAIVE THE READING OF THE NAMES: LaDonna Singh, ACDA, 200 Henry Johnson Blvd, Albany, NY 12207 _____________________________________________________________________________________ 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 8:31 pm. MICHELE ANDRE Senior Legislative Aide to the Council