Common Council Caucus & Regular Meeting

MINUTES OF A REGULAR MEETING MONDAY, July 6, 2020 The Common Council was convened at 7:00p.m. and was called to order by President Ellis. This meeting was held following Governor Cuomo’s executive order 202.1 and Mayor Sheehan’s emergency order 315-1b. It live streamed on Facebook 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. President Pro Tem Kimbrough led the Pledge of Allegiance. PUBLIC HEARING The Clerk read the title of the ordinance for the public hearing: ORDINANCE NUMBER 15.81.19 AN ORDINANCE AMENDING CHAPTER 375 OF THE CODE OF THE CITY OF ALBANY (UNIFIED SUSTAINABLE DEVELOPMENT ORDINANCE) BY REPEALING SUBDIVISION III (WAIVERS) OF SUBSECTION (b) (PROCEDURE) OF SECTION 375- 5(E)(14) (MAJOR DEVELOPMENT PLAN REVIEW) AND REQUIRING THAT ANY PERMIT FOR THE PURPOSES OF DEMOLITION OR BUILDING BE APPROVED ONLY IF ALL RELEVANT PRIOR APPROVALS OR CONDITIONS BY CITY, COUNTY, STATE OR FEDERAL DEPARTMENTS OR AGENCIES ARE MET The following member of the public spoke: 1) Chris Spencer, Commissioner of Department of Planning, Albany, NY (Oppose Ordinance 15.81.19) 2) Pete Sheehan, 32 Buckingham Drive, Albany, NY (Support Ordinances 15.81.19) 3) Brad Glass, Director of Department of Planning, Albany, NY (Oppose Ordinance 15.81.19) 4) Ti Barbagallo, Hillcrest Ave, Albany, NY (Support Ordinances 8.41.20 & 15.81.19) 5) Leah Golby, Albany, NY (Oppose Ordinance 15.81.19) 6) Andrew Neidhardt, 166 Chestnut St, Albany, NY (Oppose Ordinance 15.81.19) 7) Juliet Turner, 5 Tudor Rd, Albany, NY (Support Ordinance 15.81.19) 8) Amy Lolik, 23 Tudor Rd, Albany, NY (Support Ordinance 15.81.19) 9) Virginia, Albany, NY (Oppose Ordinance 15.81.19) 10) Stephen Burke, 11 Clarendon Rd, Albany, NY (Support Ordinance 15.81.19) 11) Catina Mavodones, 59 Melrose Ave, Albany, NY (Support Ordinance 15.81.19) 12) Elizabeth Berberian, 25 Clarendon Avenue, Albany, NY (Support Ordinances 8.41.20 & 15.81.19) 13) John Clarkson, Albany, NY (Oppose Ordinance 15.81.19) 14) Kelly Donnelly, 23 Tudor Rd, Albany, NY (Support Ordinance 15.81.19) 15) Barent Staats, 21 Orlando Street, Albany, NY (Support Ordinance 15.81.19) 16) William Barnette, 3 Osford Road, Albany, NY (Support Ordinances 8.41.20 & 15.81.19) 17) Nanci Creman, Albany, NY (Support Ordinance 15.81.19) 18) Amy Lavine, Assistant Corporation Counsel, Albany, NY (Oppose Ordinance 15.81.19) 19) Kelly Byron-Mullaney, 42 Tudor Ave, Albany, NY 12203 (Support Ordinance 15.81.19) 20) Patricia Byron, 33 Tudor, Albany, NY (Support Ordinance 15.81.19) 21) Emily King, 9 Vine Street, Albany, NY (Support Ordinance 15.81.19) 22) Kelly King, 9 Vine Street, Albany, NY (Support Ordinance 15.81.19) 23) Christine Pearce, 16 Cottage Ave, Albany, NY (Support Ordinance 15.81.19) 24) Russell Pearce, 16 Cottage Ave, Albany, NY (Support Ordinance 15.81.19) 25) Peter & Wendy Gibson Constantakes, 6 Tudor Rd, Albany, NY (Support Ordinance 15.81.19) 26) Nancy Harrigan, Clarendon Rd, Albany, NY (Support Ordinance 15.81.19) 27) Leah Hoey, 19 Vine Street, Albany, NY (Support Ordinance 15.81.19) 28) Bill Ritchie, 196 Mount Hope Drive, Albany, NY (Support Ordinance 15.81.19) 29) Lawrence Wittner, 78 Kakely St, Albany, NY (Support Ordinance 15.81.19) 30) Joseph Gardner, 1 Tudor Rd, Albany, NY (Support Ordinance 15.81.19) 31) Vincent Rigosu, 13 Beach Ave, Albany, NY (Support Ordinance 15.81.19) 32) George Robinson, 10 Tryon Street, Albany, NY (Support Ordinance 15.81.19) 33) Nancy E. Carey Cassidy, Picotte Companies, 20 Corporate Woods Boulevard, Albany, NY 12211 (Support Ordinance 15.81.19) There being no further members of the public wishing to speak, President Ellis declared the public hearing on Ordinance 15.81.19 closed. The Clerk read the title of the ordinance for the public hearing: 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 1) Alana Klein, Albany, NY (Support Ordinances 8.41.20) There being no further members of the public wishing to speak, President Ellis declared the public hearing on Ordinance 8.41.20 closed. PUBLIC COMMENT PERIOD 1) Faith Tjerino, 739 Strafford St, Aumville, OR (Major Schuyler) 2) Marlon Anderson, 214 Lark Street, Albany, NY (Violence) 3) Alana Klein, 29 Glenwood Street, Albany, NY (Violence and Golf Course) 4) Audrey Lacy, Albany, NY (Fireworks) 5) Anita Thayer, 196 Mount Hope Drive, Albany, NY (Resolution 59.71.20R) 6) Rebecca Garrard, 328 Madison Ave, Albany, NY (Eviction Moratorium Resolution) 7) Ericka Small, 99 Ten Broeck St, Albany, NY (Illegal Bike) 8) Anane Liske, 727 Madison Avenue, Albany, NY (Resolution 59.71.20R) 9) John W. O’Grady, 817 Livingston Ave, Albany, NY (Emergency Relief for Tenants Based on Covid-19) 10) Susan Dubois, 24 Jeanettee Street, Albany, NY 12209 (Emergency Relief for Tenants Based on Covid-19) 11) Nancy Harrigan, 20 Corporate Wood, Albany, NY (Resolution 50.61.20R (MC)) 12) Joseph A. Granich, Esq., 21 Colvin Ave, Albany, NY (Councilman O’Brien’s Resolution on Brownfield Site) 13) Anthony DeThomasis, 1 Rapp Rd, NY (Councilman O’Brien’s Resolution on Brownfield Site) 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 June 15, 2020 meeting of the Council, which was duly seconded, and APPROVED by unanimous voice vote. CONSIDERATION OF LOCAL LAWS: Council Member Anane noticed Local Law G of 2020 as follows, which was held for further consideration: LOCAL LAW G of 2020 A LOCAL LAW AMENDING CHAPTER 313 (SOLID WASTE) OF PART II OF THE CODE OF THE CITY OF ALBANY BE IT ENACTED by the Common Council of the City of Albany as follows: Section 1. Article IV (LITTER) of Chapter 313 of Part II of the Code of the City of Albany is hereby amended to read as follows: § 313-39 Litter on private property. A. No person shall litter any private property within the City of Albany, whether or not the property is owned by or is within the control of such person. B. The owner or person in control of any private property shall at all times maintain the property free of litter and shall prevent litter placed in litter receptacles on the property from being carried by the elements upon any public place or private property. C. The Department of General Services shall, within 72 hours of receiving a complaint(s) in a verifiable format, notify in writing the owner(s) or occupant(s) of the affected property of the complaint. Property owner(s) or occupants(s) shall have 72 hours from receipt of such complaint(s) to cure. Section 2. Article V (VACANT LOTS) of Chapter 313 of Part II of the Code of the City of Albany is hereby amended to read as follows: § 313-47 Maintenance requirements. A. All vacant lots within the City of Albany shall be kept clean and free of litter, debris and hazards. B. Ground cover shall be properly established and maintained to prevent undue soil erosion. C. Heavy undergrowth and/or accumulations of plant growth which are noxious or detrimental to the public health, safety and welfare shall be eliminated. D. The Department of General Services shall, within 72 hours of receiving a complaint in a verifiable format, notify in writing the owner(s) or occupant(s) of the affected property of the complaint. Property owner(s) or occupants(s) shall have 72 hours from receipt of such complaint(s) to cure. President Pro Tem Kimbrough referred Local Law G of 2020 to the General Service, Health and Environment Committee for further consideration. Council Member Balarin noticed Local Law H of 2020 as follows, which was held for further consideration: LOCAL LAW H of 2020 LOCAL LAW AMENDING ARTICLE I (CREATION; CHIEF) OF PART 1 (DEPARTMENT OF POLICE) OF CHAPTER 42 (DEPARTMENTS AND COMMISSIONS) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO POLICE DEPARTMENT STATISTICS The City of Albany, in Common Council convened, does hereby ordain and enact: Section 1. Article I, Part 1, of Chapter 42 of the Part I of the Code of the City of Albany is amended by adding thereto a new Section 42-5.1 entitled, “Police Department Statistics” to read as follows: Section 42-5.1. Police Department Statistics. A. The City of Albany Police Department, using a form to be developed in consultation with the Community Police Review Board, shall record and retain the following information:  1. The number of persons stopped for traffic violations and the number of persons patted down, frisked, and searched; 2. The characteristics of race, color, ethnicity, gender and age of each such person, provided the identification of such characteristics shall be based on the observation and perception of the officer responsible for reporting the stop and the information shall not be required to be provided by the person stopped; 3. If a vehicle was stopped, the number of individuals in the stopped motor vehicle; 4. The basis for the conduct that resulted in the individual being stopped and frisked or searched, the alleged violation that resulted in the individual being stopped, or nature of the alleged traffic violation that resulted in the stop; 5. Whether a search was conducted and, if so, the result of the search; 6. If a search was conducted, whether the search was of a person or the person’s property, and whether the search was conducted pursuant to consent and if not, the basis for conducting the search including any alleged criminal behavior that justified the search; 7. Whether a warning citation was issued; 8. Whether an arrest was made and for what charge; 9. The approximate duration of the stop; and 10. The time and location of the stop. B. The police department shall compile the information set forth in this section for the calendar year into a report to the Common Council. The data shall be provided on a city- wide, ward-wide, and month-by-month basis. The report shall be submitted no later than March 1 of each year. 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 H of 2020 to the Public Safety Committee for further consideration. President Pro Tem on the behalf of Council Member Johnson noticed Local Law I of 2020 as follows, which was held for further consideration: LOCAL LAW I of 2020 A LOCAL LAW AMENDING ARTICLE I (CREATION; CHIEF) OF PART 1 (DEPARTMENT OF POLICE) OF CHAPTER 42 (DEPARTMENTS AND COMMISSIONS) OF PART I OF THE CODE OF THE CITY OF ALBANY IN RELATION TO USE OF POLICE VIDEO CAMERAS The City of Albany, in Common Council convened, does hereby ordain and enact: Section 1. Chapter 42, Article I of Part I of the Code of the City of Albany is amended by adding thereto a new Section 42-6.1 entitled “Police Department Video Camera Use and Reporting” to read as follows: § 42-6.1. Police Department Video Camera Use and Reporting. A. Video cameras issued to police officers or installed on police vehicles shall be used to record any interaction with the public and shall continue to record until the entire interaction is over. Individuals can require that any officer turn on the camera if not already turned on. B. Video cameras shall not be used to record in places where a reasonable expectation of privacy exists, such as in a restroom, unless there is an emergency situation or a crime is being committed. Officers shall ask permission to film before entering a private home or apartment for interviews. C. A supervisor must approve any request to turn off a camera and this request, along with the reason, shall be documented. D. The Chief of Police shall submit to the Common Council on a quarterly basis, based on the calendar year, a report of the number of times cameras have been turned off and a summary of the reasons the request was approved. 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 I of 2020 to the Public Safety Committee for further consideration. Council Member Conti, Anane, Farrell, Frederick, Hoey, Kimbrough, and O’Brien with the support of Council President Ellis noticed Local Law J of 2020 as follows, which was held for further consideration: LOCAL LAW J of 2020 A LOCAL LAW AMENDING ARTICLE XLIV (GENERAL PROVISIONS) OF PART 33 (COMMUNITY POLICE REVIEW BOARD) OF CHAPTER 42 (DEPARTMENTS AND COMMISSIONS) OF PART I OF THE CODE OF THE CITY OF ALBANY IN RELATION TO THE OPERATION OF THE CPRB BE IT ENACTED by the Common Council of the City of Albany as follows: Section 1. Article XLIV (General Provisions) of Part 33 (Community Police Review Board) of Chapter 42 (Departments and Commissions) of Part I of the Code of the City of Albany is amended to read as follows: § 42-332. Legislative findings; purpose. A. The Common Council hereby finds and declares that abuse of authority, incivility, rudeness, prejudice or discrimination based upon race, gender, color, national origin, economic status, religion, age, sexual orientation, marital or domestic partner status, or mental or physical ability has no place in the actions, customs, practices, policies or procedures of the City of Albany Police Department. B. The Common Council further finds and declares that it is in the public interest of the City of Albany to have an independent mechanism to fairly review the conduct of law enforcement officials. C. The Common Council further finds and declares that the conduct of law enforcement officials is subject to public, departmental and executive scrutiny and accountability. D. The Common Council further finds and declares that an effective program to improve the relationship between the community and the Albany Police Department requires certain independent authority and power to review the handling of complaints of police misconduct. E. The purpose of this Part 33 is to create an independent review body with respect to complaints of misconduct by officers of the Albany Police Department. The remedies created by this Part 33 are in addition to any others provided by common law or statute. Its goals are to improve communication between the Police Department and the community, to increase police accountability and credibility with the public and to create a complaint review process that is free from bias and informed of actual police practices. § 42-333. Definitions. For purposes of this Part, the following words and phrases shall have the meanings described in this section CHIEF The Chief of Police of the Albany Police Department. COMPLAINT A written statement concerning police conduct which is either submitted to the Community Police Review Board for filing with the Albany Police Department or filed directly with the Albany Police Department. CPRB The Community Police Review Board. GENDER Shall have the same meaning as set forth in section 48-25 (Definitions) of Article III (Omnibus Human Rights Law) of Chapter 48 (Equal Opportunity Protections) of this Code. GOVERNMENT LAW CENTER The Government Law Center of Albany Law School. MEDIATION A structured dispute resolution process in which a neutral third party assists the disputants by facilitating a nonbinding intervention. OFFICER Any sworn police officer of the City of Albany Police Department affected by an individual's complaint. PROFESSIONAL STANDARDS The Professional Standards Unit of the City of Albany Police Department. § 42-334. CPRB establishment; appointment of members; funding. A. There is hereby established a Community Police Review Board (CPRB) comprised of nine members, five of whom shall be appointed by the Common Council and four of whom shall be appointed by the Mayor. B. Members shall be appointed for three-year terms; provided, however, that: (1) Of members initially appointed by the Common Council: one shall be for a term of one year; two shall be for a term of two years; and two shall be for a term of three years. (2) Of members initially appointed by the Mayor: one shall be for a term of one year; one shall be for a term of two years; and two shall be for a term of three years. C. No member of the CPRB shall serve for a period which exceeds two full consecutive terms; provided, however, that a member may be considered for reappointment to the CPRB after one year of nonmembership. D. Members shall continue to serve on the CPRB until their successors have been appointed. E. Annually, the members of the CPRB shall elect from their membership a member to serve as Chair. F. Upon submission to the Common Council, the annual proposed City of Albany operating budget shall include a separate appropriation to fund CPRB operations in an amount which is not less than one-percent of the total proposed budget of the Albany Police Department. § 42-335. Removal of members; filling of vacancies. CPRB members may be removed [from the CPRB] at any time for cause by a [2/3] two-thirds vote of the Common Council. Any vacancy occasioned by resignation, death or removal of a member shall be filled within 60 days in the same manner as the predecessor to fill the unexpired term. § 42-336. Qualifications of members. Members of the CPRB shall reside in the City of Albany and possess a reputation for fairness, integrity and responsibility and have demonstrated an active interest in public affairs and service. The Common Council and the Mayor shall endeavor to reflect community diversity in their appointments, including income level, race, ethnicity, age, gender, sexual orientation and experience, and shall, in their appointments, solicit recommendations from the community. Officers (as defined in the City of Albany Charter), current employees of the City of Albany and the immediate relatives of officers and employees shall not be eligible for appointment. § 42-337. Quorum. Five members of the CPRB shall constitute a quorum. Five votes shall be required for any action. § 42-338. Bylaws and rules. The CPRB, with the advice and assistance of the Government Law Center, shall adopt, and the Common Council shall approve, rules and bylaws for the transaction of CPRB affairs, including the manner of calling and giving notice of special meetings and the appointment and duties of any special committees. § 42-339. Training and orientation of members. The Government Law Center shall coordinate and conduct training and orientation of CPRB members and recommend for adoption by the Common Council written standards for orientation of appointees and continuing training of all CPRB members. Completion of the orientation program concerning the goals, powers and procedures of the CPRB is required before a member may participate as a voting member. In addition, graduation from the Albany Police Department's Community Police Academy (the curriculum of which shall include training in the laws applicable to public record concerns, internal affairs investigations, confidentiality issues and liability statutes; training in police procedures; participation in ride-alongs; defensive tactics training; firearms familiarization; and emergency vehicle operations) within six months of the start of the member's term is required. Further, the Government Law Center shall provide to CPRB members, and the members shall undergo, continuing education on issues related to the interaction between civilians and police officers from the perspectives of both the complainant and the police officer and shall additionally include a review and update of relevant federal and state statutory amendments and case law. Further, at least one member of the CPRB shall be designated to become a member of the National Association of Civilian Oversight of Law Enforcement, and at least one member shall attend its annual conference. § 42-340. Recommendations, reports, data collection and analysis. A. The CPRB may make recommendations to the Common Council and the Mayor regarding police policies and practices relevant to the goals of community policing and the exercise of discretionary authority by police officers. B. The Government Law Center shall submit an initial evaluation of the process provided for in this Part 33, one year after the establishment of the CPRB. C. The Government Law Center, on behalf of the CPRB, shall file quarterly and annual reports with the Common Council and the Mayor which contain statistics and summaries of complaints, including a comparison of the CPRB's findings with the final determinations of the Department. The Government Law Center shall contract with one or more local colleges, universities or research institutions to conduct surveys of complainants concerning the level of their satisfaction with the process and to conduct surveys of the community to get feedback concerning the CPRB and the Police Department. The results of those surveys shall be reported to the CPRB, the Chief and the Common Council. In addition, the Government Law Center shall collect data concerning alleged offenses and offenders and report this data to the Chief. The Chief shall analyze and use the data concerning repeat alleged offenses and offenders to implement an "early warning system" to track repeat alleged offenses and offenders reported to CPRB and the Police Department. D. The Chief shall issue a quarterly report to the CPRB on disciplinary investigations and action taken within the department and resolutions thereof. Such reports shall include both individualized information about specific cases and aggregate information. Additionally, the CPRB is authorized to request a report from the Chief on whether disciplinary action was taken in any specific case. § 42-341. Member responsibilities. CPRB members shall: A. Maintain absolute confidentiality with respect to confidential or privileged information they receive and maintain a thorough knowledge of the legal protection accorded to police records, including the penalties imposed for violations. B. Obey all laws respecting individuals' rights of privacy and confidentiality of records. C. Not remove any Police Department, Professional Standards, personnel or other confidential files, records or tapes from City offices. D. Excuse themselves from participating in the review of any complaint in which they have a personal, professional or financial conflict of interest. E. Conduct themselves at all times in a manner that will maintain public confidence in the fairness, impartiality and integrity of the CPRB and refrain from making any prejudicial comments with respect to the CPRB, complainants or police officers. F. Participate in orientation and training programs in accordance with § 42-339 of this Part. § 42-342. Filing of complaints. Complaints concerning police conduct shall be filed with the Police Department or submitted to the CPRB for filing with the Police Department as provided in this section. The CPRB may designate one or more locations for the submission of complaints for filing with the Police Department. A. Complaints shall be lodged in writing using the City of Albany Police Department Complaint Form as approved by the CPRB for that purpose and shall be signed by the complainant. Complaint forms shall be printed in English and Spanish and shall be available at any City of Albany Police Department facility, the City Department of Administrative Services, the City Clerk’s office and any other location designated by the CPRB. B. A copy of each complaint submitted to the CPRB for filing with the Police Department shall be forwarded to the Police Department within two working days of its receipt; additionally, a copy of each complaint submitted to the Police Department (other than those submitted by the CPRB) shall be provided to the CPRB within two working days of receipt by the Department. Upon receiving a complaint, the CPRB shall notify the complainant of the City’s mediation program established in accordance with § 42-346 of this Part 33. C. Complaints shall be filed within [six months] 180 days of the date of the incident giving rise to the complaint. Complaints filed after [six months] 180 days of the alleged misconduct shall, however, be returned, or accepted and reviewed by the CPRB upon a majority vote of its members to do so. The complainant shall be notified by the Board of the decision as to whether the complaint be returned, or accepted and reviewed. D. The CPRB shall have full access to information about any officer involved in the events that are the subject of a complaint, including information about prior complaints involving that officer and any action taken in response to those complaints. It shall be within the discretion of the CPRB whether to discuss in a public meeting, or include in the CPRB’s findings, or otherwise make public, such information. E. When a complaint is filed, and the Department is in the possession of any audio or video footage pertaining to the incident (including, but not limited to, body camera footage and dash-board camera footage), the Department shall make such footage available for any members of the CPRB upon request. If the Department fails to make the footage available within fourteen days of the request, it shall forward a notice to the CPRB and the Common Council explaining the delay. It shall be within the discretion of the CPRB whether to discuss in a public meeting, or include in the CPRB’s findings, or otherwise make public, such information. § 42-343. Review of complaints. Review of the complaint shall proceed as provided in this section. A. Professional Standards shall investigate every complaint filed. The Chief shall file with the CPRB [quarterly] monthly reports on the status of the investigation of each complaint. B. In the event that a complaint alleges the use of excessive force or a violation of civil rights, the definition of which shall include complaints pertaining to sexual orientation, the CPRB shall appoint an individual to: (1) Observe and monitor the Professional Standards investigation of such complaint from the outset of the investigation; and (2) Report to the CPRB and the Chief as to the conduct of the investigation. Such report may recommend additional witnesses whose statements should be taken, additional questions which should be answered and additional documents or other evidence which should be reviewed. Such report may cite deficiencies, if any, in the investigation, including whether the number of witnesses questioned by Professional Standards, the scope of the questions asked of them and the review of documents or other evidence was sufficient. The individual shall be selected on a rotating basis from the panel of investigators established in accordance with Subsection H of this section. C. Professional Standards, with the advice and assistance of the Government Law Center, shall develop procedures and practices for the conduct of investigations of complaints, including procedures and practices for briefing and communicating with the appointed individuals referenced in Subsection B of this section. The Government Law Center shall periodically review and make recommendations to Professional Standards with regard to such procedures and practices. D. Professional Standards shall begin its investigation of each complaint immediately upon receipt of the complaint. If Professional Standards fails to conclude its investigation within 60 days of receipt of the complaint, it shall advise the CPRB and the Common Council in writing of the status of the investigation and the estimated time for the conclusion of the investigation. Thereafter, Professional Standards shall advise the CPRB and the Common Council in writing of the status of the investigation every 30 days until the conclusion of the investigation. E. Within 10 working days of the conclusion of the Professional Standards investigation, the Chief of Police shall submit a preliminary report of the Department's findings to the CPRB. F. After review and deliberation of the preliminary report of the Department's findings, the CPRB shall: (1) Render its finding pursuant to § 42-344 of this Part 33; or (2) Request that Professional Standards conduct further investigation of the complaint; or (3) Obtain further case-specific information from the Chief, including written materials, audio- or videotapes and related documents. G. In the event that the CPRB is dissatisfied with the extent and/or the quality of the further investigation referenced in Subsection F(2) of this section, it shall promptly inform the Mayor, the Common Council, and the Chief, in writing, of the specific deficiency in the investigation. At that point, the Mayor and the Chief shall be responsible for reviewing the investigation in full to gather whatever additional information may be necessary to meet the requirements of the CPRB. The Mayor and the Chief shall have three weeks to respond to the CPRB. Such process shall allow the full force and authority of the Office of the Mayor, including the ability to compel employee testimony, to be provided on behalf of the CPRB. The Mayor and the Chief shall have three weeks to respond to the CPRB. H. In the event that the CPRB is dissatisfied with the extent and/or the quality of the Mayor's and the Chief's review of the investigation, or does not receive a timely response in accordance with subsection G of this section, it shall promptly inform the Common Council, in writing, of the specific deficiency in the investigation. In such event, the CPRB may [seek authorization from the Common Council to] conduct[, on the Common Council's behalf,] an investigation with the services of an outside independent investigator. The investigator shall be selected on a rotating basis from a panel of investigators comprised of certified investigators, attorneys, retired judges and the like who are recommended by the Government Law Center and approved by the Common Council and the Mayor. The Government Law Center, the Common Council and the Mayor shall endeavor to reflect community diversity in this panel of investigators. The use of an outside independent investigator, however, shall be limited to complaints alleging use of excessive force or civil rights violations, the definition of which shall include complaints pertaining to sexual orientation. Outside independent investigators shall have access to the same information to which the CPRB shall have access. Furthermore, in the event that the CPRB is dissatisfied with the extent and/or the quality of the Mayor's and the Chief's review of the investigation of a complaint alleging the use of excessive force or the violation of civil rights, it may [request that the Common Council use its subpoena power pursuant to Article 4, Section 407, of the City Charter] issue subpoenas to call witnesses and require the production of documents for purposes of the CPRB's review of the extent and quality of the investigation. The [Common Council] CPRB shall use its subpoena authority in a manner consistent with applicable legal requirements and appropriate safeguards for confidentiality and due process. § 42-344. Findings of the CPRB. A. The CPRB, after review and deliberation of an investigation, shall, by majority vote, make one of the following findings on the case: (1) Sustained: where the review discloses sufficient facts to prove the allegations made in the complaint. (2) Not Sustained: where the review fails to disclose sufficient facts to prove or disprove the allegation made in the complaint. (3) Exonerated: where the acts which provide the basis for the complaint occurred, but the review shows that such acts were proper. (4) Unfounded: where the review shows that the act or acts complained of did not occur or were misconstrued. (5) Ineffective Policy or Training: where the matter does not involve guilt or lack thereof, but rather ineffective departmental policy or training to address the situation. (6) No Finding: where, for example, the complainant failed to produce information to further the investigation; or where the investigation revealed that another agency was responsible and the complaint or complainant has been referred to that agency; or where the complainant withdrew the complaint; or where the complainant is unavailable to clarify the complaint[; or where the officer is no longer employed by the City]. B. If the CPRB fails to render a finding referenced above within 60 days of its receipt of the preliminary report of the Department's findings, the complaint file shall be returned to the Chief for disposition of the matter, unless the CPRB shall advise the Chief, the complainant and the affected officer in writing of the reason for the delay in rendering its finding. In such case, the CPRB shall provide the Chief, the complainant and the affected officer with monthly updates on the status of the complaint. In any event, if the CPRB fails to render a finding referenced above within 120 days of its receipt of the preliminary report of the Department's findings, the complaint file shall be returned to the Chief for disposition of the matter. § 42-345. Final determination. At the conclusion of its review, the CPRB shall make its finding known to the Chief, the affected officer and the complainant within 30 days. The Chief of Police shall review the Department's preliminary report in light of the CPRB's finding and then make the Department's final determination known to the CPRB, the affected officer and the complainant. In the event that the Department's final determination is inconsistent with the CPRB's finding, the CPRB may request that the Chief provide a written explanation of the Department's final determination. § 42-346. Mediation process. A. A mediation process shall be established and coordinated by the Government Law Center in accordance with this section. B. Mediation shall be conducted at no cost to the complainant or officer by highly trained and experienced mediators selected from a list compiled by the Government Law Center and approved by the Common Council and the Mayor. The Government Law Center, the Common Council and the Mayor shall endeavor to reflect community diversity in this list of mediators. The Government Law Center shall develop an appropriate training curriculum which each mediator shall be required to complete. Each mediator shall be a graduate of the Albany Police Department's Community Police Academy. In addition, the Government Law Center shall provide to the mediators, and the mediators shall undergo, continuing education on issues related to the interaction between civilians and police officers from the perspectives of both the complainant and the police officer. C. Upon receipt of complaint, unless the case involves an allegation of excessive force, an alleged violation of civil rights or an allegation of criminal conduct against an officer, or the complaint is a result of an incident that involves an arrest, or if there was an injury to either party, or if there was property damage by an officer, the complaint will be considered appropriate for mediation. D. An eligible complaint shall be reviewed for potential recommendation for mediation by the Board and by the Chief or his designee. Five members of the Board will be contacted by the Government Law Center and a decision made as to appropriateness for mediation by a majority of those five members. A decision regarding mediation shall be made within two business days by both the Board and the Chief. If either the Board or the Chief finds a complaint inappropriate for mediation, then the matter shall be referred to OPS for investigation consistent with this article. E. If the Board and the Chief recommend a complaint for mediation, both the complainant and the officer will have the option of electing to continue with the mediation process. If either party declines mediation, then the matter shall be referred to OPS for investigation consistent with this article. F. If the parties agree to mediate, then the complaint will not be investigated by the Police Department regardless of the outcome of the mediation. G. If the parties agree to mediate, the process shall follow the mediation protocols adopted by the Board. H. Every reasonable effort shall be made to schedule mediation during an officer's normal working hours. I. Mediators shall conduct mediation sessions with officers and complainants at times and places agreed upon by the parties. J. In conducting the mediation, the mediators may not impose an outcome on the parties. K. Mediation sessions shall be closed to the public. Matters discussed shall be confidential. L. Statements and records disclosed during mediation may not be disclosed or introduced in evidence during any judicial or administrative proceeding, and mediators may not be compelled by a subpoena to give testimony or produce anything related to the mediation. M. Upon the completion of the mediation process, the CPRB shall issue a finding of "Mediated," and the allegations shall be deleted from the officer's CPRB history. § 42-347. Meetings. A. The CPRB shall hold its first meeting within 30 days after a quorum of its members has completed the orientation program. At that meeting, the CPRB shall fix the time and place for its regularly scheduled meetings. B. The CPRB may conduct both public and closed meetings as allowed or required by the Open Meetings Law. C. The Chief shall designate a representative from Professional Standards to attend meetings of the CPRB and to provide information and advice to the CPRB. The representative shall not be viewed as a member of the CPRB. D. Officers and complainants may attend meetings of the CPRB. E. The Government Law Center shall provide all staff services to the CPRB, including the maintenance of CPRB files and records. Furthermore, the Government Law Center shall be responsible for the preparation of CPRB reports and review findings and recommendations referenced in this Part. § 42-348. Suspension of proceedings. Upon the written recommendation of the Corporation Counsel, the Common Council [or] and the Mayor concurrently may suspend the CPRB review of any complaint where a separate criminal investigation is underway or where a civil action against the City is underway or pending. Upon the conclusion of such separate proceedings, the CPRB may resume or undertake its review. § 42-349. Information sharing. The CPRB shall forward, in writing, to the Chief any new case-specific information it obtains during the course of an investigation concerning an incident or practice subject to a complaint. Similarly, during the course of a CPRB review, the Chief shall forward to the CPRB, in writing, any new case- specific information the Chief obtains after the conclusion of the Professional Standards investigation and the submission of the Department's preliminary report to the CPRB referenced in § 42-343 of this Part concerning an incident or police practice subject to a complaint. § 42-350. Community outreach. The CPRB, with the assistance of the Government Law Center, shall inform the public about the CPRB and its duties. It shall develop and administer an ongoing program for the education of the public as to the mission and purposes of the CPRB process and the law established by this Part, which shall include the use of informational pamphlets and seminars. § 42-351. Construction of Part. The purposes of this Part favor resolution of ambiguity toward the goal of promoting public documentation and openness in the resolution of complaints of misconduct by police officers. This Part shall be deemed to supersede and repeal any and all provisions of local laws or local administrative orders which are inconsistent or conflict with any provisions of this Part. No report, finding or determination made pursuant to this Part shall in any way conflict with or abridge the rights of complainants or officers guaranteed by the United States Constitution, the New York State Constitution or any federal or state law, rule, regulation or administrative order. § 42-352. Severability. If any clause, sentence, paragraph, sections or part of this Part shall be adjudged by any court of competent jurisdiction to be invalid or otherwise unenforceable, such judgment shall not affect, impair or invalidate the remainder thereof but shall be confined in its operation to the clause, sentence, paragraph, sections or part thereof directly involved in the controversy in which such judgment shall have been rendered. 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 J of 2020 to the Public Safety Committee for further consideration. President Pro Tem Kimbrough held the pending Local Laws on the pending agenda. REPORTS OF STANDING COMMITTEES: General Services, Health and Environment: Council Member O’Brien reported that the committee had a joint meeting with Parks, Recreation and Family Services. The Committee met on June 29, 2020 at 5:30PM to review Resolution 51.62.20 and 57.62.20. Resolutions 51.62.20 and 57.62.20 As Amended was moved out of committee with a positive recommendation. Parks, Recreation and Family Services: Council Member Flynn reported that the Committee had a joint meeting with Parks, Recreation and Family Services on June 29, 2020 at 5:30PM to review Resolution 53.62.20. Resolution 53.62.20 As Amended was moved out of committee with a positive recommendation. Planning, Economic Development and Land Use: Council Member Fahey reported that the committee will meet on July 8, 2020 at 5:30PM to get brief about the upcoming Bicycle and Pedestrian Master Plan. The Committee will also meet on July 9, 2020 to review Ordinance 9.61.20. Public Safety: President Pro Tem Kimbrough reported that the committee met on June 30, 2020 at 5:30PM to review Ordinance 12.62.20. Ordinance 12.62.20 As Amended was moved out of committee with a positive recommendation. CONSIDERATION OF ORDINANCES Council Member Hoey noticed Ordinance 15.81.19R As Amended (AN ORDINANCE AMENDING CHAPTER 375 OF THE CODE OF THE CITY OF ALBANY (UNIFIED SUSTAINABLE DEVELOPMENT ORDINANCE) BY REPEALING SUBDIVISION III (WAIVERS) OF SUBSECTION (b) (PROCEDURE) OF SECTION 375-5(E)(14) (MAJOR DEVELOPMENT PLAN REVIEW) AND REQUIRING THAT ANY PERMIT FOR THE PURPOSES OF DEMOLITION OR BUILDING BE APPROVED ONLY IF ALL RELEVANT PRIOR APPROVALS OR CONDITIONS BY CITY, COUNTY, STATE OR FEDERAL DEPARTMENTS OR AGENCIES ARE MET) which had been previously introduced, requested passage and a roll call vote thereon. * Council Member Hoey, O’Brien, Fahey, Johnson, Doesschate, Balarin, Conti and Anane spoke on the Ordinance prior to passage. Ordinance 15.81.19R was co-sponsored by Council Members Doesschate 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 voice vote of all Council Members present voting in favor thereof: Affirmative – Balarin, Conti, Doesschate, Farrell, Flynn, Frederick, Hoey, Igoe, Johnson, Kimbrough, O’Brien, and Robinson Negative – Anane and Fahey Affirmative 12 Negative 2 Abstain 0 Council Member Doesschate noticed Ordinance 8.41.20R (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) which had been previously introduced, requested passage and a roll call vote thereon. * Council Member Doesschate, Frederick and Anane spoke on the Ordinance prior to passage. There being no further discussion, President Ellis called for a roll call vote thereon and the Ordinance was ADOPTED: The Ordinance passed by the following voice vote of all Council Members present voting in favor thereof: Affirmative – Anane, Balarin, Conti, Doesschate, Fahey, Farrell, Flynn, Frederick, Hoey, Igoe, Kimbrough, O’Brien, and Robinson Affirmative 13 Negative 0 Abstain 0 Council Member Robinson, Balarin and Frederick noticed Ordinance 12.62.20R which had been previously introduced, requested passage and a roll call vote thereon: ORDINANCE NUMBER 12.62.20 (As Amended 06/30/2020) AN ORDINANCE AMENDING PART I (DEPARTMENT OF POLICE) OF CHAPTER 42 (DEPARTMENTS AND COMMISSIONS) OF PART I (GENERAL LEGISLATION) OF THE CODE OF ALBANY BY CREATING A NEW ARTICLE REGARDING ALBANY POLICE DEPARTMENT INTEREACTIONS The City of Albany, in Common Council convened, does hereby ordain and enact: Section 1. Part I (Department of Police) of Chapter 42 (Departments and Commissions) of Part I (Administrative Legislation) of the Code of the City of Albany is amended to read as follows: ARTICLE VIIB Albany Police Department Interactions. §42-54.2 Standardized Field Sobriety Tests A. The Albany Police Department shall provide Standardized Field Sobriety Tests in the Spanish language. Section 2. This ordinance shall take effect ninety days (90) after its enactment into law. * Council Member Balarin, Frederick and Anane spoke on the Ordinance prior to passage. Ordinance 12.62.20R was co-sponsored by Council Members Anane, Conti, Doesschate, Fahey, Farrell, Flynn, Hoey, Igoe, Kimbrough and O’Brien 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 voice vote of all Council Members present voting in favor thereof: Affirmative – Anane, Balarin, Conti, Doesschate, Fahey, Farrell, Flynn, Frederick, Hoey, Igoe, Kimbrough, O’Brien, and Robinson Affirmative 13 Negative 0 Abstain 0 President Pro Tem Kimbrough held the remaining Ordinances on the agenda for further consideration. CONSIDERATION OF RESOLUTIONS Council Member Kimbrough noticed Resolution 59.71.20R as follows, asked passage and a roll call vote thereon: RESOLUTION NUMBER 59.71.20R RESOLUTION CALLING FOR EMERGENCY RELIEF FOR TENANTS BASED ON COVID-19 WHEREAS, the World Health Organization (“WHO”) has declared the COVID-19 outbreak a global pandemic, defined as the worldwide spread of a new virus for which most people do not have immunity; and WHEREAS, on March 7, 2020, New York Governor Andrew Cuomo declared a state of emergency based on COVID-19; and  WHEREAS, as of June 1, 2020, there were over 370,000 documented cases of COVID- 19 within the State of New York; and WHEREAS, both Governor Cuomo and the New York State Department of Health have issued declarations banning non-essential employees from work, closing schools, and imposing limits on public gatherings, as well as recommendations on social distancing, staying home if sick, canceling or postponing large group events, and other precautions to protect public health and prevent transmission of this communicable virus; and WHEREAS, over half of the tenants in New York State are rent-burdened during typical economic conditions. As a result of the state of emergency and the government-recommended precautions, many tenants have experienced sudden income loss, and further income impacts are anticipated, leaving tenants vulnerable to eviction; and WHEREAS, the City of Albany has a documented and long-standing lack of affordable housing for tenants living in low and middle-income brackets, exacerbating the impact of evictions and making it more likely that evictions will increase homelessness, thereby posing greater risks of illness to the evictee, their family, and to the broader community; and WHEREAS, housing stability is crucial in a public health emergency in which containment and treatment rely on individuals staying indoors and not being forced to seek shelter or experience homelessness; and WHEREAS, on March 27, 2020, by the adoption of the CARES Act, the Federal Government enacted an eviction moratoriums for 120 days, which has provided for important and immediate protections for tenants of a certain class; and WHEREAS, on March 20, 2020, Executive Order 202.8 was issued by New York Governor Cuomo which provided an eviction moratorium in accordance with the Chief Judge of the State to limit evictions of tenants for 90 days; and WHEREAS, on May 7, 2020, Executive Order 202.28 was issued by New York Governor Cuomo which provided an extension of the eviction moratorium for tenants facing hardship due to the COVID-19 pandemic for sixty days beginning on June 20, 2020; and  WHEREAS, the above actions by the State and Federal Government create a situation where different properties and renters are potentially subject to moratoriums of different lengths and different conditions; and WHEREAS, everyone has been affected by COVID-19. Nationwide and Statewide economic shutdowns that began in March have disproportionately impacted renters, as more renters have experienced a loss of employment and 3 out of 5 renters nationally have experienced a loss of employment income in their household; and WHEREAS, it is in the best interests of both property owners and tenants to be informed regarding which moratoriums apply to which specific properties; NOW, THEREFORE, BE IT RESOLVED, upon passage of this resolution, the City of Albany will observe a moratorium on all eviction proceedings and hearings until August 20, 2020; and BE IT FURTHER RESOLVED, during this moratorium, no landlord shall serve a notice of eviction, notice of nonrenewal of tenancy, or any notice of intent to evict upon a tenant for any reason; and BE IT FURTHER RESOLVED, during this moratorium, no orders of eviction will be issued by Albany City Court for any reason; and BE IT FURTHER RESOLVED, during this moratorium, all law enforcement agencies working within the City of Albany will cease execution of all eviction orders in the City of Albany, including those previously issued but not yet executed; and BE IT FURTHER RESOLVED, that after the termination of the moratorium and before issuance of any non-payment eviction judgments, the Albany City Court will provide a period of 180 calendar days to tenants to cure any rent payment in arrears; and BE IT FURTHER RESOLVED, that the owner/landlord seeking the eviction of a tenant shall affirm their compliance with the Federal CARES act when filing any eviction proceeding filed for any reason, until December 31, 2020; and BE IT FURTHER RESOLVED, that the owner/landlord seeking eviction of a tenant shall disclose to Albany City Court via affirmation whether the subject property is a dwelling that is covered by Section 4024(a) of the Federal Coronavirus Aid, Relief and Economic Security Act (CARES Act), stating whether the property: 1. Participates in a covered housing program as defined by the Violence Against Women Act; 2. Participates in the rural housing voucher program under Section 542 of the Housing Act of 1949 3. Has a federally backed mortgage loan 4. Has a federally backed multi-family mortgage loan  BE IT FURTHER RESOLVED, that the owner/landlord’s failure to make this affirmation to Albany City Court stating their compliance with the Federal CARES Act when filing any eviction proceeding for any reason until December 31, 2020 shall result in dismissal of the proceeding; BE IT FINALLY RESOLVED, that the City Clerk is directed to send a copy of this resolution to U.S. Senator Chuck Schumer, U.S. Senator Kirsten Gillibrand, U.S. Congressman Paul Tonko, Governor Andrew Cuomo, New York State Senator Neil Breslin, New York State Assemblymember Pat Fahy, New York State Assemblymember John McDonald, Senate Housing Chair Brian Kavanagh, and Assembly Housing Chair Steven Cymbrowitz. * Council Member Kimbrough, Anane and Balarin spoke on the Resolution prior to passage. Resolution 59.71.20R was co-sponsored by Council Members Balarin, Conti, Doesschate, Fahey, Farrell, Flynn, Frederick, Hoey, Igoe, O’Brien, and Robinson 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 voice vote of all Council Members present voting in favor thereof: Affirmative – Anane, Balarin, Conti, Doesschate, Fahey, Farrell, Flynn, Frederick, Hoey, Igoe, Kimbrough, O’Brien, and Robinson Affirmative 13 Negative 0 Abstain 0 Council Member Flynn noticed Resolution 60.71.20R as follows, asked passage and a roll call vote thereon: RESOLUTION NUMBER 60.71.20R RESOLUTION OF THE COMMON COUNCIL RECOGNIZING AND CELEBRATING THE 30TH ANNIVERSARY OF THE AMERICANS WITH DISABILITIES ACT, JULY AS DISABILITY PRIDE MONTH IN THE CITY OF ALBANY WHEREAS, the 26th of July is a nationally recognized and historic date in disability rights history, marking the signing of the Americans with Disabilities Act by President George H.W. Bush; WHEREAS, the Disability Community celebrates the Americans with Disabilities Act as the principal civil rights legislation protecting the rights of disabled people, and; WHEREAS, July 26th 2020 marks the thirtieth anniversary of the signing of the Americans with Disabilities Act, and; WHEREAS, the City of Albany has a long, proud history of upholding human rights and promoting policies that protect our residents, environment, communities and way of life including the rights and welfare of disabled people; and  WHEREAS, much more work needs to be done to ensure the full integration, independence, and civil rights of disabled people, who continue to be excluded from government programs, public accommodations and full access to transportation and communications on a regular basis, and WHEREAS, an estimated one in four people has a disability, and all people who live long enough will acquire a disability, and; WHEREAS, disabled people are valued members of society who deserve and have a right to freedom to live and participate in the community, and; WHEREAS, the Disability Community consists of people of all races, ethnicities, genders, sexual orientations, and ages, who celebrate our identities as such, and; WHEREAS, it is appropriate for this body to pause in its deliberations to recognize and celebrate the diversity of and contributions by the Disability Community to our beloved City, WHEREAS, it is also appropriate for this body to celebrate the 30th anniversary of the Americans with Disabilities Act; and NOW, THEREFORE BE IT RESOLVED that the Common Council of the City of Albany does hereby recognize and celebrate the 30th anniversary of the Americans with Disabilities Act and July 2020 as Disability Pride Month; and * Council Member Flynn, Fahey and Doesschate spoke on the Resolution prior to passage. * Resolution 60.71.20R was co-sponsored by Council Members Anane, Balarin, Conti, Doesschate, Farrell, Frederick, Hoey, Igoe, Kimbrough, O’Brien, and Robinson 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 voice vote of all Council Members present voting in favor thereof: Affirmative – Anane, Balarin, Conti, Doesschate, Fahey, Farrell, Flynn, Frederick, Hoey, Igoe, Kimbrough, O’Brien, and Robinson Affirmative 13 Negative 0 Abstain 0 Council Member O’Brien noticed Resolution 61.71.20R as follows, asked passage and a roll call vote thereon: RESOLUTION OF THE COMMON COUNCIL RE-APPOINTING JESSICA WILCOX TO THE CABLE TELEVISION PUBLIC, EDUCATION AND GOVERNMENT ACCESS OVERSIGHT BOARD  WHEREAS, the Common Council of the City of Albany has the authority pursuant to Section 42-376 of Chapter 42 of Part I of the Code of the City of Albany, to appoint members of the Cable Television Public, Education and Government Access Oversight Board (“PEGAOB”). NOW, THEREFORE, BE IT RESOLVED, that the Common Council of the City of Albany hereby appoints Jessica Wilcox to the PEGAOB for a term ending July 1, 2023. * Council Member O’Brien spoke on the Resolution prior to passage. * Resolution 61.71.20R was co-sponsored by Council Members Anane, Balarin, Conti, Doesschate, Farrell, Flynn, Frederick, Hoey, Igoe, Kimbrough, O’Brien, and Robinson There being no further discussion, President Ellis called for a voice call vote thereon and the Resolution was ADOPTED: Council Member O’Brien noticed Resolution 62.71.20R as follows, which was held for further consideration: RESOLUTION NUMBER 62.71.20R RESOLUTION OF THE COMMON COUNCIL REGARDING POTENTIAL BROWNFIELD SITES WHEREAS, Albany 2030, the City of Albany Comprehensive Plan, was adopted by the Common Council on April 2, 2012 as the foundation and reference point for the city’s policy and decision-making over the next approximately two decades; and WHEREAS, the Plan was put together over a three year process in six phases of development, enlisting much community and professional input; and WHEREAS, preparation of a Brownfield Nomination Study was integrated into the Albany 2030 planning process; and WHEREAS, of the various potential brownfield sites in Albany, the 2030 Plan chose seven sites pursuant to the NYS Department of State’s Brownfield Opportunities Areas Program. Among the seven sites is land identified as Site E consisting of 60 Colvin Ave (1.8 acres) and land immediately behind it (2.4 acres) identified as 60B Colvin Ave which property currently belongs to the City of Albany and is used as the dog park area of Westland Hills Park; and WHEREAS, this area was used by a wrecking company and by an auto company that stored building debris and auto components. According to Albany 2030 Plan Appendix A, environmental assessment of the property, which was done several years ago, shows that subsurface soils on site have been impacted by asbestos, heavy metals, and other hazardous materials. Additionally, old maps of Albany show wetlands on this area identified as Schafers Pond; and WHEREAS, currently a developer is seeking approval to construct 63 apartments and some commercial space on the 60 Colvin Ave portion of the site and the matter is currently scheduled before the City of Albany Planning Board as Project #00357; and WHEREAS, the developer’s application makes no mention of the site’s listing in the Brownfield Appendix A of the 2030 Plan but public comment submitted at the June 22, 2020 Planning Board meeting requested that the site should be reviewed by consultants independent of the applicant developer to determine whether proper mitigation standards will be met in developing this site; and WHEREAS, the Planning Director stated “Reference to a site location as a brownfield, or as in the case of the Comprehensive Plan, a potential brownfield, is not de-facto evidence of contaminants at the site. The designations are sometimes based upon perception alone if that perception is encumbering of a higher and better use of the site”; and WHEREAS, it appears that the Albany Planning Board is preparing to override the 2030 Plan’s declaration of this site as a potential brownfield cleanup area; NOW THEREFORE BE IT RESOLVED, the Common Council declares that if the Planning Department and/or the Planning Board believes that any 2030 Plan site designation or characterization is in error, it should not make any such ruling on its own, but instead refer the matter for consideration in the same manner by which the 2030 Plan itself was enacted. President Pro Tem Kimbrough referred Resolution 62.71.20R to the Planning, Economic Development and Land Use Committee for further consideration. Council Member Kimbrough noticed Resolution 63.71.20R as follows, asked passage and a roll call vote thereon: Resolution Number 63.71.20R RESOLUTION OF THE COMMON COUNCIL AUTHORIZING THE EXECUTION OF AN AMENDED AND RESTATED PAYMENT IN-LIEU-OF TAXES (PILOT) AGREEMENT WITH LUMBER STREET APARTMENTS IV HOUSING DEVELOPMENT FUND CORP. AND IDA YARBROUGH PHASE IV LLC WHEREAS, the Lumber Street Apartments Housing IV Development Fund Corp. (the “HDFC”) is a corporation established pursuant to section 402 of the Not-For-Profit Corporation Law and Article XI of the Private Housing Finance Law (“PHFL”), and is controlled by or under common control with the Albany Housing Authority (the “AHA”); and WHEREAS, the HDFC is organized as a “housing development fund company” as that term is defined in Section 572 of the PHFL; and WHEREAS, the Ida Yarbrough Phase IV LLC (the “Company”) is a limited liability company controlled by or under common control with the AHA; and WHEREAS, the Company’s and the HDFC’s plan for the use of the property hereinafter consists of the redevelopment of approximately three hundred and sixty-four (364) mixed-income affordable residential rental units, constitutes a “housing project” as that term is defined in Section 572 of the PHFL (the “Project”) and will be located and situated at two scattered sites located (i) at or near 252 North Pearl Street (f/k/a 260-270 North Pearl Street) (“Site 1”) and (ii) at or near 41 Jennings Drive (“Site 2”), both in the City and County of Albany, State of New York (the “Property”); and  WHEREAS, the HDFC is the sole managing member of the Company and is expected to be the leasehold owner of the Property as nominee of the Company; and WHEREAS, pursuant to Section 577(1) of the PHFL, the local legislative body of a municipality may exempt a project of a housing development fund company from local and municipal taxes, including school taxes, other than assessments for local improvements, to the extent of all or a part of the value of the property included in the completed project for a period of up to thirty (30) years; NOW, THEREFORE BE IT RESOLVED, that the Property and the Project shall be exempt from real property taxes to the extent described in Section 577(1) of the PHFL for a period of thirty (30) years, including city, county and school taxes, other than assessments for local approvals, and that the Mayor of the City of Albany is hereby authorized and empowered to execute and enter into a PILOT agreement with the Company and the HDFC in a form approved by the Corporation Counsel, together with such other and further forms, documents and agreements necessary to amend, renew, supplement or effectuate the same. RESOLVED, that this resolution shall take effect immediately. * Council Member Kimbrough spoke on the Resolution prior to passage. * Resolution 63.71.20R was co-sponsored by Council Members Balarin 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 voice vote of all Council Members present voting in favor thereof: Affirmative – Anane, Balarin, Conti, Doesschate, Fahey, Farrell, Flynn, Frederick, Hoey, Igoe, Kimbrough, O’Brien, and Robinson Affirmative 13 Negative 0 Abstain 0 Council Member Conti noticed Resolution 64.71.20R as follows, asked passage and a roll call vote thereon: RESOLUTION NUMBER 64.71.20R RESOLUTION OF THE COMMON COUNCIL CONCURRING IN THE DESIGNATION OF AND ASSUMPTION BY THE CITY OF ALBANY PLANNING BOARD AS LEAD AGENCY FOR THE PURPOSE OF CONDUCTING AND DETERMINING ENVIRONMENTAL REVIEW AND SIGNIFICANCE FOR THE FOLLOWING PROJECT: 25 DELAWARE AVENUE ALBANY, NEW YORK RESOLVED, That the Common Council hereby concurs in the designation of and assumption by the City of Albany Planning Board as lead agency for the purpose of conducting and determining environmental review and significance for the following project as required by State Environmental Quality Review Act (SEQRA): 25 Delaware Avenue, Albany, New York 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, Kimbrough, O’Brien, and Robinson Affirmative 13 Negative 0 Abstain 0 Council Member Flynn noticed Resolution 65.71.20R as follows, asked passage and a roll call vote thereon: RESOLUTION NUMBER 65.71.20R RESOLUTION OF THE COMMON COUNCIL RECOGNIZING JULY 13-17, 2020 AS NATIONAL DISABILITY VOTER REGISTRATION WEEK WHEREAS, in July 2020 people with disabilities and our supporters will celebrate the 30th anniversary of the Americans with Disabilities Act (ADA); and WHEREAS, there are over 50 million people with disabilities of all ages living in communities throughout the United States; and WHEREAS, the disability community has a critical interest in policies enacted at local, state and national levels that affect the integration of people with disabilities, young and old, into our communities; and WHEREAS, getting the disability community involved in influencing public policies is essential if these policies are to meet the real needs of people with disabilities to live in the community; and WHEREAS, voting is one way for members of the disability community to exert their influence at local, state and national elections; and WHEREAS, there are multiple efforts to develop disability coalitions around the issue of voting; and WHEREAS, REV UP America – Register-Educate-Vote-Use your Power – is a national effort to encourage local and/or state disability community voting coalitions; and WHEREAS, members of national disability rights community are organizing a national Disability Voter Registration Week (DVRW) July 13th – July 17th; and  NOW, THEREFORE, BE IT RESOLVED that the Common Council of the City of Albany supports the growing involvement of the disability community in the political process and designates the week of July 13th to 17th as National Disability Voter Registration Week. * Resolution 65.71.20R was co-sponsored by Council Members Anane, Balarin, Conti, Doesschate, Farrell, Frederick, Hoey, Igoe, Kimbrough, O’Brien, and Robinson 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 voice vote of all Council Members present voting in favor thereof: Affirmative – Anane, Balarin, Conti, Doesschate, Fahey, Farrell, Flynn, Frederick, Hoey, Igoe, Kimbrough, O’Brien, and Robinson Affirmative 13 Negative 0 Abstain 0 Council Member Anane noticed Resolution 66.71.20R as follows, asked passage and a roll call vote thereon: RESOLUTION NUMBER 66.71.20R A RESOLUTION CALLING ON THE ALBANY COUNTY LEGISLATURE TO REPEAL ALBANY COUNTY LOCAL LAW NO. “A” OF 2016, WHICH ALLOWS FOR FIREWORK SALES IN ALBANY COUNTY WHEREAS, every year there has been an uptick of complaints about fireworks; and WHEREAS, throughout the United States, including the City of Albany, this year especially has seen a drastic increase in complaints of fireworks going off at all hours of the day and night; and WHEREAS, these fireworks make a great deal of noise that disturbs many residents, pose a fire risk, and have the potential to cause serious injuries, especially to individuals inexperienced in the safe use of these devices; NOW THEREFORE, BE IT RESOLVED, that the Common Council calls on the Albany County Legislature to repeal Albany County Local Law No. “A” of 2016, which allows for firework sales in Albany County; and BE IT FURTHER RESOLVED, that the Clerk is to forward a copy of this resolution to the Chairman of the Albany County Legislature, Andrew Joyce and to Albany County Executive Daniel P. McCoy. * Council Member Anane, Balarin, Fahey, Conti, Frederick spoke on the Resolution prior to passage. * Resolution 66.71.20R was co-sponsored by Council Members Balarin, Conti, Doesschate, Fahey, Farrell, Flynn, Frederick, Hoey, Igoe, Kimbrough, O’Brien, and Robinson 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 voice vote of all Council Members present voting in favor thereof: Affirmative – Anane, Balarin, Conti, Doesschate, Fahey, Farrell, Flynn, Frederick, Hoey, Igoe, Kimbrough, O’Brien, and Robinson Affirmative 13 Negative 0 Abstain 0 President Pro Tem Kimbrough made a motion, which was duly seconded, requesting Majority Consent to add Resolution 67.71.20R to the agenda. There being no discussion, the motion was adopted by voice vote. Council Member O’Brien noticed Resolution 67.71.20R(MC) as follows, asked passage and a roll call vote thereon: RESOLUTION NUMBER 67.71.20 (MC) RESOLUTION OF THE COMMON COUNCIL REQUESTING THE BOARD OF CONTRACT AND SUPPLY (BOCS) TO ADVERTISE THE ATTACHED BID SPECIFICATION TO REPLACE THE CURRENT EQUIPMENT IN THE COMMON COUNCIL CHAMBER AND CREATE A MOBILE MEDIA CART WHEREAS, the Common Council in collaboration with the PEG Access Board acknowledge that the current equipment in the Common Council Chambers-hereby referred to as Chambers- has neared the end of its usefulness and no longer meets the need of the Council and does impede the ability to seamlessly stream meetings from the chambers; and WHEREAS, the Common Council has received and approved the current equipment recommendations from the PEG Access Board Sub-Committee chaired by Zachary Simpson and tasked with reviewing functionality and making appropriate recommendations (see attachment appendix ‘a’ entitled “Equipment Planning Subcommittee Report”) WHEREAS, currently in existence there is a standing franchise agreement that will be the funding source for the purchase of the above said equipment and whereas it is the recommendation of the standing subcommittee that items in the “gold package” be procured. WHEREAS, the Common Council has reviewed and received the subsequent BID specification-prepared by a member of the City of Albany’s Corporation Counsel (see attachment appendix ‘b’) and agree to the authorization of the Board of Contract and Supply to act and make sure that all BIDS are received in accordance with current General Municipal Law.  BE IT FINALLY RESOLVED, that this resolution shall empower the secretary of the Board of Contract and Supply (BOCS) to advertise the attached BID specification and present said Bid Specification and Resolution at the soonest meeting of the BOCS. BID submissions should be received and opened at the July 21st meeting of the Board of Contract and Supply and before a vendor is awarded the project both the Common Council and the PEG Access board must consent. * Council Member O’Brien spoke on the Resolution prior to passage. * Resolution 67.71.20R (MC) was co-sponsored by Council Members Anane, Balarin, Conti, Doesschate, Hoey, Igoe, and Kimbrough 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 voice vote of all Council Members present voting in favor thereof: Affirmative – Anane, Balarin, Conti, Doesschate, Fahey, Farrell, Flynn, Frederick, Hoey, Igoe, Kimbrough, O’Brien, and Robinson Affirmative 13 Negative 0 Abstain 0 President Pro Tem Kimbrough on the behalf of Council Member Johnson noticed Resolution 51.62.20R As Amended which had been previously introduced, requested passage and a roll call vote thereon: Resolution Number 51.62.20R (As Amended 07/06/2020) RESOLUTION HONORING THE LIFE OF RUBY A. HUGES AND NAMING A PORTION OF TRINITY PLACE BETWEEN WESTERLO STREET AND MADISON AVENUE IN HER HONOR. WHEREAS, Ruby was born on October 23, 1934, in Georgetown, SC to the late Ophelia Reed & Westley Carter. At an early age, she relocated to the Bronx, NY. At age 19 she arrived in Albany, NY and married Frederick Hughes; and WHEREAS, with a passion and purpose to improve conditions in her community, she was a member, leader, adviser, president and co-chairperson for several community service organizations in the Capital Region and served as a County Legislator in the Albany County Legislature; and WHEREAS, Ruby was fondly known as the Mayor of Arbor Hill. Her motto in life was, “Always leave the people, place or things, better than when you found it.”; and  WHEREAS, some of the awards she received include: Outstanding Black Woman of the Year for the YMCA, Outstanding Service from the Urban League, NAACP Shafer Award and many more; and WHEREAS, she served as Director of Community Services for more than 19 years at the Trinity Institution where she trained and developed youth ages 14-21 years old, planned and prepared an annual handbook for working with children and first-time-employed teenagers, planned fundraisers and assisted in planning programming for the holidays, and invited college professors and students to meet parents, staff, and youth enrolled in the program, among many other phenomenal things; and WHEREAS, her heart and pulse resided at Trinity Place; NOW, THEREFORE, BE IT RESOLVED, that in recognition of her life that an honorary street sign to read “Ruby A. Hughes Way” shall be placed adjacent to the existing Trinity Place sign; and BE IT FURTHER RESOLVED, that a public street designation recognizing Ruby A. Hughes will serve as a reminder of her accomplished life, her good nature, her passion, and her love for the City of Albany; and BE IT FINALLY RESOLVED, that copies of this resolution, suitably engrossed, be transmitted to the family of Ruby A. Hughes and to Trinity Institution, with the condolences of the Common Council of the City of Albany. * Council Member Kimbrough and Doesschate spoke on the Resolution prior to passage. * Resolution 51.61.20R As Amended was co-sponsored by Council Members Anane, Balarin, Conti, Doesschate, Fahey, Farrell, Flynn, Frederick, Hoey, Igoe, Kimbrough, O’Brien, and Robinson There being no further discussion, President Ellis called for a voice call vote thereon and the Resolution was ADOPTED: Council Member Flynn noticed Resolution 53.62.20R As Amended which had been previously introduced, requested passage and a roll call vote thereon: RESOLUTION NUMBER 53.62.20R (As Amended 06/29/2020) A RESOLUTION BY THE ALBANY COMMON COUNCIL TO CREATE A COMMITTEE TO STUDY THE FUTURE OF THE CAPITAL HILLS GOLF COURSE PROPERTY AND BROADEN RECREATIONAL OPPORTUNITIES FOR ALL RESIDENTS OF THE CITY OF ALBANY. WHEREAS, for nearly 100 years Capital Hills Golf Course has been a recreational asset for the residents of Albany and it is the sense of this body that the continued operation of Capital Hills as a golf course is imperative for the City of Albany; and WHEREAS, the COVID-19 pandemic has inflicted significant damage to our community, highlighted by the loss of life but also resulting in the closure of numerous recreational venues including public parks, playgrounds and the golf course; and WHEREAS, the COVID-19 pandemic has also resulted in the likely termination of all organized youth recreational activities in 2020; and WHEREAS, it is the sense of this body that we must plan accordingly to reimagine the future of the Capital Hills property, maintaining its imperative mission of a golf course, but to also study and pursue additional recreational activities which could be offered to all Albany residents; and WHEREAS, the expansive Capital Hills property holds vast recreational potential and opportunities that could include additional walking trails, hiking, swimming and youth camping services; and WHEREAS, the City of Albany has a history of philanthropy and corporate support of recreational activities including the Freihofer’s Run for Women and the CDPHP Symmetra Golf tournament; and WHEREAS, the Common Council wishes to explore the creation of a legal entity or Authority that is designed to generate revenue and recruit corporate and private sector sponsorships in support of all Albany recreational venues operated by the City of Albany; NOW THEREFORE BE IT, RESOLVED, that the Common Council shall create a temporary focus committee that shall consist of Common Council Members who are members of the Committee on General Services, Health and, Environment and Committee on Parks, Recreation and Family Services and Commissioner of the Department of General Services or their designee and Commissioner of Parks and Recreation or their designee. This committee shall meet at a minimum quarterly. The focus of the committee is to explore the future of and/or reimagine the Capital Hills Golf Course property and to explore ways in which the City can broaden recreational opportunities for all residents of the City of Albany; and BE IT FURTHER RESOLVED, that the Committee shall exist for a period of one year from the date of its first meeting, except that its existence may be extended by resolution of the Common Council. * Council Member Flynn and O’Brien spoke on the Resolution prior to passage. * Resolution 53.62.20R was co-sponsored by Council Members Anane, Balarin, Conti, Doesschate, Fahey, Farrell, Frederick, Hoey, Igoe, Kimbrough, O’Brien, and Robinson 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 voice vote of all Council Members present voting in favor thereof: Affirmative – Anane, Balarin, Conti, Doesschate, Fahey, Farrell, Flynn, Frederick, Hoey, Igoe, Kimbrough, O’Brien, and Robinson Affirmative 13 Negative 0 Abstain 0 Council Member Kimbrough noticed Resolution 57.62.20R (A RESOLUTION HONORING THE LIFE OF WILLIAM HANK WALLACE AND NAMING A PORTION OF LARK STREET “WILLIAM HANK WALLACE WAY”) which had been previously introduced, requested passage and a roll call vote thereon. * Council Member Conti spoke on the Resolution prior to passage. * Resolution 57.62.20R was co-sponsored by Council Members Anane, Balarin, Conti, Doesschate, Fahey, Farrell, Flynn, Frederick, Hoey, Igoe, Kimbrough, Love, O’Brien, and Robinson There being no further discussion, President Ellis called for a voice call vote thereon and the Resolution was ADOPTED: President Pro Tem Kimbrough held the pending Resolution on the agenda for further consideration. MISCELLENOUS COMMON COUNCIL COMMENTS Council Member Anane (Independent Council Member) 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 11:08pm. MICHELE ANDRE Senior Legislative Aide to the Council