Common Council Caucus & Regular Meeting

MINUTES OF A REGULAR MEETING MONDAY, August 17, 2020 The Common Council was convened at 7:01p.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, 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 COMMENT PERIOD 1) Alana Klein, 29 Glenwood Street, Albany, NY 12208 ("Blue Lives Don't Matter") 2) MaryAnn Berman, 7 Fleetwood Avenue, Albany, NY 12208 (563 New Scotland & Ordinance 15.81.19) 1) Paul Lamar Lamar, 143 Rosemont Street, Albany, NY 12206 (Resolution 90.122.19R) 2) Pete Sheehan, 32 Buckingham Drive, Albany, NY 12208 (563 New Scotland) 3) Eric Copland, 430 Hackett Blvd, Albany, NY 12208 (Override Ordinance 15.81.19 Veto) 4) Aaron Corman, 108 Winnie Street, Albany, NY 12208 (563 New Scotland) 5) Vincent Rigosu, 13 Beach Ave, Albany, NY (Violence & Ordinance 15.81.19) 6) Catina Mavodones, 59 Melrose Avenue, Albany, NY 12203 (Ordinance 15.81.19) 7) Elizabeth Berberian, 25 Clarendon Road, Albany, NY 12203 (Override Ordinance 15.81.19 Veto) 8) Stephen Burke, 11 Clarendon Road, Albany, NY 12203 (Override Ordinance 15.81.19 Veto) 9) Juliet Turner, 5 Tudor Road, Albany, NY (Ordinance 15.81.19) 10) Julie Elson Elson, 510 Lawrence Street, Albany, NY 12208 (Override Ordinance 15.81.19 Veto) 11) Lauren Cohen, 131 Onderdonk Avenue, Albany, NY 12208 (Support Resolution 90.122.19R) 12) Jamesq Hennessey, 78 Winnie Street, Albany, NY 12208 (562 New Scotland) 13) Kathleen Vronman, 195 South Main Ave, Albany, NY 12208 (563 New Scotland) 14) Brendan B, Holmes Dale, Albany, NY 12208 (563 New Scotland) 15) Maura McNulty, 108 Clermon Street, Albany, NY 12203 (Override Ordinance 15.81.19 Veto) 16) Barry Koblenz, 500 West Lawrence Street, Albany, NY 12208 (Override Ordinance 15.81.19 Veto) 17) Steve Vroman, 195 South Main Ave, Albany, NY 12208 (Development New St. Peter's Hospital) 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 August 3, 2020 meeting of the Council, which was duly seconded, and APPROVED by unanimous voice vote. CONSIDERATION OF LOCAL LAWS: Council Member Farrell on the behalf Finance, Assessment and Taxation noticed Local Law K of 2020 as follows, which was held for further consideration: LOCAL LAW K OF 2020 A LOCAL LAW AMENDING SECTION 3 (SCOPE) OF ARTICLE I (REMOVAL OF GARBAGE) OF CHAPTER 313 (SOLID WASTE) OF PART II OF THE CODE OF THE CITY OF ALBANY IN RELATION TO BILLING OF THE FEE FOR CURBSIDE COLLECTION OF WASTE BE IT ENACTED by the Common Council of the City of Albany as follows: Section 1. Section 3 of Article I of Chapter 313 of Part II of the Code of the City of Albany is hereby amended to read as follows: § 313-3 Scope C. Bills for curbside collection program fees. Bills for curbside collection program fees shall be prepared and sent to each owner annually, starting February 1 of each calendar year; provided, however, that for calendar year 2017 and thereafter, bills may be prepared and sent to each owner in the same manner as water and sewer charges are now billed, distributed and collected. Such bill shall be included with the property tax bill sent to each property owner in January D. Penalties for nonpayment. After three months of nonpayment, a property owner who fails to pay charges that have been established and imposed for the curbside collection program, a penalty of $50 per unit will be added to the base curbside collection fee The penalty for late or non-payment of curbside collection program fees in the City of Albany shall be: 4% in the first month or fraction thereof, for any amount of the curbside collection program fee that is not timely received by the City  Treasurer, in whole or in part. After the first month of late payment, the penalty shall be an additional 1% in each succeeding month or fraction thereof. G. All curbside collection program charges, and penalties and interest thereon shall be a lien upon the real property benefited by the for which any curbside collection program charge or penalty was not paid, from the date that the fee is due and payable, and such lien shall be prior and superior to every other lien or claim, except the lien of an existing tax or local assessment. The Treasurer shall certify to the Common Council the amount of any such lien which has not been paid at the time and in the manner prescribed, with a description of the real property affected thereby, and the Common Council shall include such amount in the annual tax levy and shall levy the same upon the property in default. Section 2. This local law shall take effect upon public hearing, final passage, and filing with the Secretary of State; provided, however, that the amendments made by this Local Law shall not affect the expiration of, and shall expire at the same time and manner as provided in section 5 of L.L. No. 1-2016. President Pro Tem Kimbrough referred Local Law K of 2020 to the Finance, Assessment and Taxation Committee for further consideration. Council Member Love noticed Local Law L of 2020 as follows, which was held for further consideration: LOCAL LAW L OF 2020 A LOCAL LAW AMENDING THE CHARTER OF THE CITY OF ALBANY IN REGARD TO RESIDENCY REQUIREMENTS OF COMMON COUNCIL MEMBERS BE IT ENACTED by the Common Council of the City of Albany as follows: Section 1. Section 402 (Members) of Article IV (Legislative Branch) of the Charter of the City of Albany is amended to read as follows: Section 402. Members. The Common Council shall be an elective body comprised of a President of the Common Council and not more than one "Council member" duly elected from each ward within the City. Each "Council member" shall be a resident of the ward from which he or she is elected. There shall not be more than 15 wards within the City. All Common Council Members shall be electors of the ward and have been residents continuously in the ward represented for at least three hundred sixty- five (365) days prior to taking office. Each Common Council Member shall reside in the ward from which that Common Council Member seeks election at the time of nomination for office, and continue to be a resident of the ward for which he or she represents for his or her entire term of office, subject, however, to the following exception: in the case of an election immediately following the reapportionment of Common Council wards, the incumbent Common Council Member representing a ward redrawn in such reapportionment shall be eligible for nomination for election in either the ward of residence, or any newly drawn district which is contiguous to the ward of residence, provided that the Common Council Member shall become a resident of the ward represented prior to taking office. Common Council Members shall be nominated at the primary election in the same manner other city officers are nominated pursuant to the provisions of the Election Law. Section 2. This local law shall take effect upon final passage, public hearing, mandatory referendum, and filing with the Secretary of State. President Pro Tem Kimbrough referred Local Law L of 2020 to the Council Operations and Ethics Committee for further consideration. President Pro Tem Kimbrough held the pending Local Laws on the pending agenda. REPORTS OF STANDING COMMITTEES: Public Safety: President Pro Tem Kimbrough reported that the committee will meet on August 31, 2020 to review Ordinance 15.81.20 and discuss the City of Albany Violence Prevention Task Force. General Services, Health and Environment: Council Member O’Brien reported that the committee will meeting August 24, 2020 to review Ordinance 13.72.20 and Ordinance 14.72.20. Finance, Assessment and Taxation: Council Member Farrell reported that the committee will meet on August 20, 2020 at 5:30PM to review Resolution 68.72.20R. The committee will also review 2020 1st quarter financial report, 4th quarter of 2019 financial report and discuss any budget concerns that may be associated with COVID-19 with Albany City Treasurer, Darius Shahinfar and Budget Director Mike Wheeler. CONSIDERATION OF ORDINANCES President Pro Tem Kimbrough on the behalf of Council Member Robinson noticed Ordinance 16.82.19R as follows, which was held for further consideration: Ordinance Number 16.82.20 AN ORDINANCE OF THE COMMON COUNCIL AUTHORIZING THE SALE TO WILLIAM CHAPMAN OF A CITY-OWNED VACANT LOT AT 109 THIRD 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 parcel at 109 Third Street, parcel identification number 65.65- 5-56, be sold at private sale to William Chapman. SUBJECT to all easements, restrictions and rights-of-way of record.  Section 2. It is hereby determined that the aforesaid property has been abandoned for municipal or public purposes. Section 3. The form, content, terms and conditions of such conveyance shall be approved by the Corporation Counsel and shall be subject to the approval of the Board of Estimate and Apportionment, and if approved by said Board, the Mayor is hereby authorized and directed to execute a proper deed of conveyance for a valuable consideration. Section 4. This ordinance shall take effect immediately. President Pro Tem Kimbrough referred Ordinance 16.82.19R to the Finance, Assessment and Taxation Committee for further consideration. President Pro Tem Kimbrough held the remaining Ordinances on the agenda for further consideration. CONSIDERATION OF RESOLUTIONS President Pro Tem Kimbrough on behalf of the Committee on Human Resources and Human Rights noticed Resolution 74.82.20R as follows, asked passage and a roll call vote thereon: Resolution Number 74.82.20R RESOLUTION OF THE COMMON COUNCIL RE-APPOINTING NATISHA ALEXANDER AS A MEMBER OF THE COMMISSION ON HUMAN RIGHTS WHEREAS, the Common Council of the City of Albany, pursuant to the Section 42-362 of Chapter 42 of Part I of the Code of the City of Albany, appoints members to the City of Albany Commission on Human Rights; NOW, THEREFORE, BE IT RESOLVED, that Natisha Alexander is hereby re- appointed as a member of the City of Albany Commission on Human Rights for a term ending on August 21, 2023; and BE IT FURTHER RESOLVED, that this resolution shall take effect immediately. * Council Member Kimbrough, Anane and Balarin spoke on the Resolution prior to passage. Resolution 74.82.20R was co-sponsored by Council Members Anane, Balarin, Conti, Doesschate, Farrell, Flynn, Frederick, Hoey, Igoe, Kimbrough, Love, and Obrien 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, Farrell, Flynn, Frederick, Hoey, Igoe, Johnson, Kimbrough, Love, O’Brien, and Robinson Affirmative 14 Negative 0 Abstain 0 President Pro Tem Kimbrough noticed Resolution 75.82.20R as follows, which was held for further consideration: RESOLUTION NUMBER 75.82.20R A RESOLUTION OF THE COMMON COUNCIL ADOPTING THE LOCAL GOVERNMENT RETENTION SCHEDULE, LGS-1 RESOLVED, By the Common Council of the City Of Albany that Retention and Disposition Schedule for New York Local Government Records (LGS-1), issued pursuant to Article 57-A of the Arts and Cultural Affairs Law, and containing legal minimum retention periods for local government records, is hereby adopted for use by all officers in legally disposing of valueless records listed therein, and; FURTHER RESOLVED, that in accordance with Article 57-A: (a) only those records will be disposed of that are described in Retention and Disposition Schedule for New York Local Government Records (LGS-1), after they have met the minimum retention periods described therein; (b) only those records will be disposed of that do not have sufficient administrative, fiscal, legal, or historical value to merit retention beyond established legal minimum periods. * Council Member Doesschate spoke on the Resolution prior to passage. Council Member Anane noticed Resolution 49.61.20R (A RESOLUTION CALLING ON THE FEDERAL GOVERNMENT TO IMPLEMENT A PROGRAM TO FORGIVE STUDENT LOANS FOR ALL CURRENT BORROWS AND IMPLEMENT A PROGRAM TO ENSURE THAT ALL STUDENTS CAN ATTEND ACCREDITED PUBLIC COLLEGES AND UNIVERSITIES AT NO CHARGE) which had been previously introduced, requested passage and a roll call vote thereon. * Council Member Anane spoke on the Resolution prior to passage. 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, Farrell, Flynn, Frederick, Hoey, Igoe, Johnson, Kimbrough, Love, O’Brien, and Robinson Affirmative 14 Negative 0 Abstain 0 Council Member O’Brien noticed Resolution 62.71.20R As Amended as follows, asked passage and a roll call vote thereon: RESOLUTION NUMBER 62.71.20R As Amended 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 should accomplish the following: A. Require a State Environmental Quality Review Act (SEQRA) review for Project #00357 and do a “hard look” as required by the courts B. Require independent soil tests where the Clough Harbor Associates 2006-2008 reports showed potential lead contamination infiltrated into 60 Colvin Ave C. Propose language for the Uniform Sustainable Development Ordinance (USDO) which would set up clear procedures in the USDO for development in any parts of potential brownfield cleanup areas already identified in the USDO or such areas which may become so identified. BE IT FINALLY RESOLVED, that the Clerk shall send a copy of this resolution to the New York State Department of Environmental Conservation. Resolution 62.71.20R was co-sponsored by Council Members Balarin, Hoey 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, Farrell, Flynn, Frederick, Hoey, Igoe, Johnson, Kimbrough, Love, O’Brien, and Robinson Affirmative 14 Negative 0 Abstain 0 Council Member Doesschate on behalf of the Committee on Planning, Economic Development, and Land Use noticed Resolution 69.72.20R (RESOLUTION OF THE COMMON COUNCIL REAPPOINTING ANDRE LAKE AS A MEMBER OF THE SUSTAINABILITY ADVISORY COMMITTEE) which had been previously introduced, requested passage and a roll call vote thereon. * Council Member Doesschate spoke on the Resolution prior to passage. * Resolution 69.72.20R was co-sponsored by Council Members Doesschate 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, Doesschate, Farrell, Flynn, Frederick, Hoey, Igoe, Johnson, Kimbrough, Love, O’Brien, and Robinson Affirmative 13 Negative 0 Abstain 0 Council Member Doesschate on behalf of the Committee on Planning, Economic Development, and Land Use noticed Resolution 70.72.20R (RESOLUTION OF THE COMMON COUNCIL REAPPOINTING PETER SHEEHAN AS A MEMBER OF THE SUSTAINABILITY ADVISORY COMMITTEE) which had been previously introduced, requested passage and a roll call vote thereon. * Resolution 70.72.20R was co-sponsored by Council Members Doesschate 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, Doesschate, Farrell, Flynn, Frederick, Hoey, Igoe, Johnson, Kimbrough, Love, O’Brien, and Robinson Affirmative 13 Negative 0 Abstain 0 Council Member Doesschate on behalf of the Committee on Planning, Economic Development, and Land Use noticed Resolution 71.72.20R (RESOLUTION OF THE COMMON COUNCIL REAPPOINTING TINA LIEBERMAN AS A MEMBER OF THE SUSTAINABILITY ADVISORY COMMITTEE) which had been previously introduced, requested passage and a roll call vote thereon. * Resolution 71.72.20R was co-sponsored by Council Members Anane, Doesschate, Flynn, and Igoe 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, Doesschate, Farrell, Flynn, Frederick, Hoey, Igoe, Johnson, Kimbrough, Love, O’Brien, and Robinson Affirmative 13 Negative 0 Abstain 0 President Pro Tem Kimbrough held the pending Resolution on the agenda for further consideration. COMMON COUNCIL COMMENTS Council Member Frederick (Shooting in First Ward) Council Member Johnson (Needs of City) Council President (APD Chief Hawkins Update & Gun Violence) Council Member Hoey (Where the Guns are coming from) Council Member Balarin (Basketball & Community) Council Member Robinson (GIVE Funding) 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 8:16pm. MICHELE ANDRE Senior Legislative Aide to the Council