Common Council Caucus & Regular Meeting

MINUTES OF A REGULAR MEETING MONDAY, July 20, 2020 The Common Council was convened at 7:01 p.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, Doesschate, Fahey, Farrell, Flynn, Frederick, Hoey, Igoe, Johnson, Kimbrough, Love, O’Brien 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 COMMENT PERIOD 1) Ulrick Milord, 259 South Pearl, Albany, NY 12202 (Funds in regards to LinksNYC kiosks) 2) Marlon Anderson, 214 Lark Street, Albany, NY (Gun Violence) 3) Alana Klein, 29 Glenwood Street, Albany, NY (Defund Police) 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 July 6, 2020 meeting of the Council, which was duly seconded, and APPROVED by unanimous voice vote. CONSIDERATION OF LOCAL LAWS: Council Member Anane withdrew Local Law G of 2020 (A LOCAL LAW AMENDING CHAPTER 313 (SOLID WASTE) OF PART II OF THE CODE OF THE CITY OF ALBANY), which had been previously introduced. President Pro Tem Kimbrough held the pending Local Laws on the pending agenda. CONSIDERATION OF VETOES: The veto for Ordinance 15.81.19 was received by the Common Council on July 17, 2020. REPORTS OF STANDING COMMITTEES: Planning, Economic Development and Land Use: Council Member Fahey reported that the committee met on July 8, 2020 at 5:30PM to get brief about the upcoming Bicycle and Pedestrian Master Plan and on July 9, 2020 to review Ordinance 9.61.20. Ordinance 9.61.20 was held for further discussion. The Committee met on July 16, 2020 at Resolution 62.71.20R and Ordinance 9.61.20. Resolution 62.71.20R and Ordinance 9.61.20 was held in committee for further discussion. CONSIDERATION OF ORDINANCES Council Member Anane noticed Ordinance 13.72.20 as follows, which was held for further consideration: ORDINANCE 13.72.20 AN ORDINANCE AMENDING CHAPTER 345 (TREES AND VEGETATION) OF PART II OF THE CODE OF THE CITY OF ALBANY REGARDING PLANTING TREES IN THE CITY OF ALBANY The City of Albany, in Common Council convened, does hereby ordain and enact: Section 1. Chapter 345 of Part II of the Code of the City of Albany is amended to read as follow: § 345-17 Planting of trees along private property. A. Owners desiring to have trees planted along their property shall submit to the Commissioner of the Department of General Services a tree request form with a check payable to the City Treasurer for 1/2 the cost of the tree. The Commissioner of the Department of General Services reserves the right to make a final designation of kind or species of tree and the location where the same is to be planted. It shall be the responsibility of the owner to maintain the tree in accordance with this article. B. If a tree or trees has been removed pursuant to section 345-4 of this chapter, the City of Albany is required to plant another tree or trees and the City of Albany shall bear the full cost to replant. The owner of the property from which a tree or trees was removed pursuant to section 345-4 of this chapter may submit a request to the City Forester requesting that such tree not be replaced. Section 2. This ordinance shall take effect 30 days after enactment. President Pro Tem Kimbrough referred Ordinance 13.72.20 to the General Service, Health and Environment Committee for further consideration. Council Member Anane noticed Ordinance 14.72.20 as follows, which was held for further consideration: ORDINANCE 14.72.20 AN ORDINANCE AMENDING CHAPTER 313 (SOLID WASTE) AND CHAPTER 258 (PENALTIES) OF PART II OF THE CODE OF THE CITY OF ALBANY The City of Albany, in Common Council convened, does hereby ordain and enact: Section 1. Chapter 313-51.1 of Part II of the Code of the City of Albany is amended to read as follow: B. Upon complaint, on his or her own motion and after inspection of the property, the Commissioner of the Department of General Services or his or her designee shall notify the property owner or person occupying or having control of the property, as hereinafter provided, of any conditions on the property or sidewalk violating the provisions of Articles IV and/or V of this chapter and require compliance within five calendar days from the date such notice was mailed or within three calendar days of personal service of such notice if said notice is personally served upon the property owner, authorized agent or person or entity in control of the property. (1) Upon receiving a complaint, the Commissioner or their designee shall inspect the property or properties within 3 calendar days. E. Costs of abatement. (1) If the owner or person upon whom notice was made fails, neglects or otherwise refuses to timely comply with such notice or fails to attend a hearing scheduled pursuant to Subsection D, the Commissioner shall cause the premises to be put in such condition to correct the violation(s) cited and comply with the provisions of this chapter; the costs of which, together with a 15% 25% surcharge for inspection and other administrative costs in connection therewith, shall be certified and filed with the City Treasurer who shall render a bill to the owner and/or the person who or entity which pays the taxes on said lot or parcel of land for payment. Section 2. Chapter 258 (Penalties) of Part II of the Code of the City of Albany is amended to read as follow: § 258-1 Penalties for offenses. Where the performance of any act is prohibited by ordinance or where the performance of any act is required or demanded by ordinance and no penalty for a violation of such ordinance is imposed in any section or chapter of such ordinance, the doing of such act or the failure to act, as the case may be, shall be punishable by a fine which shall not exceed $500 $1,000.00 in amount or by imprisonment not exceeding 15 days, or both. Further, the Court shall award associated Court costs upon any plea or finding of guilt. Section 3. This ordinance shall take effect 30 days after enactment. President Pro Tem Kimbrough referred Ordinance 14.72.20 to the General Service, Health and Environment Committee for further consideration. President Pro Tem Kimbrough held the remaining Ordinances on the agenda for further consideration. CONSIDERATION OF RESOLUTIONS Council Member Farrell on the behalf of Finance, Assessment and Taxation noticed Resolution 68.72.20R as follows, which was held for further consideration: RESOLUTION NUMBER 68.72.20R A RESOLUTION OF THE COMMON COUNCIL AUTHORIZING THE CITY TREASURER’S OFFICE TO ENTER THE CITY OF ALBANY INTO THE NEW YORK COOPERATIVE LIQUID ASSETS SECURITIES SYSTEM WHEREAS, New York General Municipal Law, Article 5-G, Section 119-o, empowers municipal corporations, as defined in GML § 119-n to include school districts, boards of cooperative educational services, counties, cities, town, villages, and districts, to enter into, amend, cancel and terminate agreements for the performance among themselves (or one for the other) of their respective functions, powers and duties on a cooperative or contract basis; and WHEREAS, the New York Cooperative Liquid Assets Securities System (“NYCLASS”) is a local government investment pool that allows municipal corporations to pool funds to collectively earn interest on investments; and WHEREAS, NYCLASS is administered by an elected Governing Board comprised of members who are either Chief Fiscal Officers or other designated officers or employees with knowledge and expertise in financial matters from participating municipal entities; and WHEREAS, NYCLASS, which has nearly 700 participating municipal entities, carries a “AAAm” rating from S&P Global Ratings; and WHEREAS, the City of Albany wishes to invest portions of its available investment funds in cooperation with other municipal corporations and/or districts pursuant to the NYCLASS Municipal Cooperation Agreement Amended and Restated as of March 28, 2019; NOW, THEREFORE, BE IT RESOLVED, that the City Treasurer and/or their designees are hereby authorized to enter the City of Albany into, and to participate on the City’s behalf in the NYCLASS program under the terms of the NYCLASS Municipal Agreement Amended and Restated as of March 28, 2019. President Pro Tem Kimbrough referred Resolution 68.72.20R to the Finance, Assessment and Taxation Committee for further consideration. Council Member Fahey on the behalf of Planning, Economic Development and Land Use noticed Resolution 69.72.20R as follows, which was held for further consideration: RESOLUTION NUMBER 69.72.20R RESOLUTION OF THE COMMON COUNCIL REAPPOINTING ANDRE LAKE AS A MEMBER OF THE Sustainability Advisory Committee  NOW, THEREFORE, BE IT RESOLVED, that Andre Lake is hereby appointed as a member of the Sustainability Advisory Committee for a term expiring June 30, 2023; and BE IT FURTHER RESOLVED, that this resolution shall take effect immediately. President Pro Tem Kimbrough referred Resolution 69.72.20R to the Planning, Economic Development and Land Use Committee for further consideration. Council Member Fahey on the behalf of Planning, Economic Development and Land Use noticed Resolution 70.72.20R as follows, which was held for further consideration: RESOLUTION NUMBER 70.72.20R RESOLUTION OF THE COMMON COUNCIL REAPPOINTING PETER SHEEHAN AS A MEMBER OF THE SUSTAINABILITY ADVISORY COMMITTEE NOW, THEREFORE, BE IT RESOLVED, that Peter Sheehan is hereby appointed as a member of the Sustainability Advisory Committee for a term expiring June 30, 2022; and BE IT FURTHER RESOLVED, that this resolution shall take effect immediately. President Pro Tem Kimbrough referred Resolution 70.72.20R to the Planning, Economic Development and Land Use Committee for further consideration. Council Member Fahey on the behalf of Planning, Economic Development and Land Use noticed Resolution 71.72.20R as follows, which was held for further consideration: RESOLUTION NUMBER 71.72.20R RESOLUTION OF THE COMMON COUNCIL REAPPOINTING TINA LIEBERMAN AS A MEMBER OF THE SUSTAINABILITY ADVISORY COMMITTEE NOW, THEREFORE, BE IT RESOLVED, that Tina Lieberman is hereby appointed as a member of the Sustainability Advisory Committee for a term expiring June 30, 2021; BE IT FURTHER RESOLVED, that this resolution shall take effect immediately. President Pro Tem Kimbrough referred Resolution 71.72.20R to the Planning, Economic Development and Land Use Committee for further consideration. President Pro Tem Kimbrough held the pending Resolution on the agenda for further consideration. COMMON COUNCIL COMMENTS Council Member Johnson (Marlon Anderson’s Public Comment, and In Response to Council Member Anane’s comment) Council Member Anane (Marlon Anderson’s Public Comment, Solutions and Taking a Lead) Council Member Hoey (Illegal Guns) Council President (Council Member Johnson’s comments, Gun Violence Taskforce) Council Member Balarin (Funding, Violence and Respond to Council Member Anane’s comment) Council Member O’Brien (Gun Violence Taskforce) Council Member Frederick (Gun Violence Taskforce) President Pro Temp Kimbrough (Gun Violence Taskforce) MISCELLENOUS 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: Rivera, Rosemary, 342 Clinton Ave, Albany, NY 12206 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 7:39pm. MICHELE ANDRE Senior Legislative Aide to the Council