Common Council Caucus & Regular Meeting

MINUTES OF A REGULAR MEETING MONDAY, SEPTEMBER 21, 2020 The Common Council was convened at 7:18 p.m. and was called to order by President Ellis. This meeting was held following Governor Cuomo’s executive order 202.1 and it live streamed on Facebook 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, Robinson and President Ellis. Also present was the following staff: Danielle Gillespie, John-Raphael Pichardo, Brett Williams, and Michele Andre. Council President Ellis led the Pledge of Allegiance. PUBLIC HEARINGS The Clerk read the title of the ordinance for the public hearing: ORDINANCE NUMBER 9.61.20 AN ORDINANCE AMENDING CHAPTER 375 OF THE CODE OF THE CITY OF ALBANY (UNIFIED SUSTAINABLE DEVELOPMENT ORDINANCE) CHANGING THE ZONING CLASSIFICATIONS AND AMENDING THE ZONING MAP ACCORDINGLY 1) JoAnn Morton, 34 Alexander Street, Albany, NY 12202 - Support Seventy-Six Project - Ordinance 9.61.20 and Resolution 72.81.20 2) Hon. Carolyn McLaughlin, 76 Grandview Terrace Albany, NY 12206 - Support Seventy-Six Project 3) Arielle Morton, 37 Alexander Street, Albany, NY 12202 - Support Seventy-Six Project 4) Jeffrey S. Baker, Esq., 784 Clarkville Sourth Rd. Feurba Bush, NY 12067 - Oppose Seventy- Six Project - Ordinance 9.61.20 5) Debra Ludwig Dunbrook, 86 Second Avenue, Albany, NY - Oppose Seventy-Six Project - Ordinance 9.61.20 6) James Dunbrook, 86 Second Avenue, Albany, NY - Oppose Seventy-Six Project - Ordinance 9.61.20 7) Stephanie Ferradino - Support Seventy-Six Project - Ordinance 9.61.20 and Resolution 72.81.20 8) Patricia Gordon-Matthew - Support Seventy-Six Project - Ordinance 9.61.20 and Resolution 72.81.20 There being no further members of the public wishing to speak, President Ellis declared the public hearing on Ordinance 9.61.20 closed. The Clerk read the title of the ordinance for the public hearing: RESOLUTION NUMBER 72.81.20R (AS AMENDED 09/17/2020) RESOLUTION OF THE COMMON COUNCIL ISSUING A NEGATIVE DECLARATION IN ACCORDANCE WITH ARTICLE 8 OF THE ENVIRONMENTAL CONSERVATION LAW (SEQR), AND ITS IMPLEMENTING REGULATIONS REGARDING ORDINANCE 9.61.20: AN ORDINANCE AMENDING CHAPTER 375 OF THE CODE OF THE CITY OF ALBANY (UNIFIED SUSTAINABLE DEVELOPMENT ORDINANCE) CHANGING THE ZONING CLASSIFICATIONS AND AMENDING THE ZONING MAP 1) Jeffrey S. Baker, Esq. – Oppose Seventy-Six Project - Ordinance 9.61.20 and Resolution 72.81.20) 2) Tom McPheeters, 14 Wilbur Street, Albany, NY 12202 - Support Seventy-Six Project - Ordinance 9.61.20 and Resolution 72.81.20 3) Edward Larkin, Project Manager of Seventy-Six Project 4) Stephanie Ferradino - Support Seventy-Six Project - Ordinance 9.61.20 and Resolution 72.81.20 There being no further members of the public wishing to speak, President Ellis declared the public hearing on Resolution 72.81.20R closed. PUBLIC COMMENT PERIOD 1) Barbara Fiddemon, 350 Orange Street, Albany, NY - Arbor Hill Sports Complex Event 2) Roni Minter, 9 Harriet Myers Mews, Albany, NY 12207 - Clemency Initiative sponsored by the Freedom Unshackled Coalition 3) Joyce Williams, 76-82 Second Street, Albany, NY 12210 - Arbor Hill Sports Complex Event 4) Patricia Gordon-Matthew, 295 Northern Blvd, Albany, NY - Redevelop of the Parks & Community development in Arbor Hill 5) Elijah Willingham, - Tailorama Street Sign 6) Patrick Robinson, 23 Ten Broeck Street, Albany, NY 12210 - Arbor Hill Sports Complex Event 7) Jahkeen Hoke, 7 Lander Street, Albany, NY - Support Seventy-Six Project - Ordinance 9.61.20 and Resolution 72.81.20 8) Alana Klein, 29 Glenwood Street, Albany, NY (Change the Official Recognition of "Columbus" Day to Indigenous People's Day) 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 September 10, 2020 meeting of the Council, which was duly seconded, and APPROVED by unanimous voice vote. CONSIDERATION OF LOCAL LAWS: Council Member Fahey noticed Local Law M of 2020 as follows, which was held for further consideration: Local Law M of 2020 A LOCAL LAW AMENDING PART 4 (HISTORIC RESOURCES COMMISSION) OF ARTICLE XII (GENERAL PROVISIONS) OF CHAPTER 42 (DEPARTMENTS AND COMMISSIONS) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO APPOINTMENTS TO THE HISTORIC RESOURCES COMMISSION AND THE JURISDICTION OF SUCH BODY TO REVIEW EMERGENCY ACTIONS WITHIN HISTORIC RESOURCES OVERLAY DISTRICTS AND FURTHER PROVIDING FOR A REPORT ON EMERGENCY DEMOLITION AND STABILIZATION PROCEDURES BE IT ENACTED by the Common Council of the City of Albany as follows: Section 1. Paragraph (5) of subsection A of section 42-85 of Part 4 of Article XII of Chapter 42 of the Code of the City of Albany is amended, and new subparagraphs (a) and (b) are added, to read as follows: (5) A vacancy Vacancies occurring in the membership of the Commission shall be filled by a person appointed by the Mayor for the unexpired term as follows: a. Upon the expiration of a term of membership, the Mayor shall appoint or re-appoint a person for the new term within thirty (30) days of the expiration of the term, with the advice and consent of the Common Council, in accordance with this subsection. b. When a vacancy in the membership of the Commission occurs for any cause during a term of membership, the Mayor shall appoint a person to serve the remainder of such term within thirty (30) days of the vacancy, with the advice and consent of the Common Council, in accordance with this subsection Section 2. Subsection B of section 42-85 of Part 4 of Article XII of Chapter 42 of the Code of the City of Albany is amended by adding a new paragraph (13) to read as follows: (13) Review of emergency actions within historic resources overlay districts under section 133- 55 of Article IX of Chapter 133 of this Code and may periodically make such recommendations with regard to the policy and procedure thereunder to the Mayor and the Common Council. Such review shall be a standing agenda item at each meeting of the Commission. Section 3. The Historic Resources Commission established under Part 4 of Article XII of Chapter 42 of the Code of the City of Albany shall review and assess the policy and procedures related to emergency actions taken under section 133-55 of Article IX of Chapter 133 of the Code of the City of Albany with regard to structures within historic resource overlay districts established under Part 4 of Article XII of Chapter 42 of the Code of the City of Albany. No later than 180 days after the effective date of this local law, the Commission shall submit a report of its findings and any recommendations with regard thereto to the Mayor and Common Council. Section 4. 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 M of 2020 to the Planning, Economic Development and Land Use Committee for further consideration. President Pro Tem Kimbrough held the remaining Local Laws on the pending agenda. REPORTS OF STANDING COMMITTEES: Planning, Economic Development and Land Use: Council Member Fahey reported that the committee met on September 14, 2020 at 5:30PM to review Resolution 72.81.20. Resolution 72.91.20 As Amended was moved out of the committee with a positive recommendation. The committee also met on September 17, 2020 at 5:30PM to interview candidates for the City of Albany Industrial Development Agency (IDA) & Capital Resource Corporation (CRC). Lloyd Stewart and Anthony Gaddy’s appointments was referred to the entire Common Council for approval. Capital Hills Golf Course Subcommittee: Council Member O’Brien reported that the subcommittee will meet on September 28, 2020 at 5:30PM to discuss the Capital Hills Golf Course with Dept of General Services, Dept of Recreation and golf course Superintendent. Finance, Assessment and Taxation: Council Member Farrell reported that the committee met on September 16, 2020 at 6:15PM (immediately following Caucus) to review Resolution 77.91.20. Resolution 77.91.20 As Amended was moved out of the committee with a positive recommendation. Council Member Farrell reported that the committee will meet on September 23, 2020 at 5:30PM to discuss 5-year Capital Plan and on September 24, 2020 at 5:30PM to discuss pre-budget release breakdown, review Local Law K-2020, Ordinance 16.82.20 and Resolution 68.72.20R. President Pro Tem Kimbrough made a motion, which was duly seconded, requesting Majority Consent to take Resolution 72.81.20R out of order. There being no discussion, the motion was adopted by voice vote Council Member Frederick noticed Resolution 72.81.20R which had been previously introduced, requested passage and a roll call vote thereon. RESOLUTION NUMBER 72.81.20R RESOLUTION OF THE COMMON COUNCIL ISSUING A NEGATIVE DECLARATION IN ACCORDANCE WITH ARTICLE 8 OF THE ENVIRONMENTAL CONSERVATION LAW (SEQR), AND ITS IMPLEMENTING REGULATIONS REGARDING ORDINANCE 9.61.20: AN ORDINANCE AMENDING CHAPTER 375 OF THE CODE OF THE CITY OF ALBANY (UNIFIED SUSTAINABLE DEVELOPMENT ORDINANCE) CHANGING THE ZONING CLASSIFICATIONS AND AMENDING THE ZONING MAP WHEREAS, development in the South End of Albany has been a priority since the Capital South plan was adopted in 2007, but since that time, no private development has been proposed in this area; and WHEREAS, on May 19, 2020, South End Development, LLC (SED) and co-signatory Sonia Frederick (executed June 9, 2020) submitted an application requesting the City of Albany undertake a project consisting of (i) the adoption of a zoning map amendment, and approvals of the following applications in support of the proposed Project, as defined below: (ii) a District Plan, (iii) Development Plans (Phase I and Phase II), (iv) lot consolidation, (v) demolition permits, (vi) decommissioning of Scott Street and (vii) variances for Phase II of the Development Plan for the Seventy-Six mixed use redevelopment project; and WHEREAS, the Seventy-Six project (hereinafter together referred to as the “Project”) consists of the construction of +/- 450,000 gross sf of mixed-use redevelopment, including approximately 240 residential units, and commercial and civic/institutional uses on approximately 2.4 acres in the City of Albany; and WHEREAS, the applications have been amended to include additional or updated information, studies and reports on the following dates: May 22, 2020, June 23, 2020 and July 21, 2020; and WHEREAS, Ordinance 9.61.20 was introduced by Council Member Frederick on June 1, 2020 which proposed a zoning map amendment in accordance with Chapter 375 of the Code of the City of Albany (Unified Sustainable Development Ordinance) to change the zoning classifications of 90 Second Avenue, 88 Second Avenue, 86 Second Avenue, 84 Second Avenue and 76 Second Avenue from Mixed-Use Neighborhood Edge (MU-NE) to Mixed-Use Campus/Institutional (MU-CI) and to change the zoning classifications of 8 Leonard Street, 10 Leonard Street, 12 Leonard Street, 4 Leonard Street, 15 Scott Street, 13 Scott Street, 11 Scott Street, 9 Scott Street, 7 Scott Street, 10 Krank Street, 15 Krank Street, 1 Scott Street, 10 Scott Street, 8 Scott Street, 6 Scott Street, 4 Scott Street, 33 Krank Street, 37 Krank Street, 45 Krank Street, 32 Leonard Street, 17 Leonard Street, 16.5 Leonard Street, 24 Leonard Street, 22 Leonard Street, 20 Leonard Street, 18 Leonard Street, and 2 Leonard Street, from Townhome (R-T) to Mixed-Use Campus/Institutional (MU-CI) (the “Amendment”); and WHEREAS, on June 1, 2020, the Common Council declared itself Lead Agent to conduct the coordinated review of the proposed zoning map amendment in accord with SEQR regulations; and WHEREAS, to aid the Common Council in determining whether undertaking the Project may have a significant impact on the environment, SED has prepared and submitted Part 1 of a Full Environmental Assessment Form (the “FEAF”), which has been amended, with respect to the Project, a copy of which is attached to this resolution and is on file with the Common Council; and WHEREAS, the Common Council has examined the FEAF in order to classify the project; and WHEREAS, the action is subject to the provisions of the State Environmental Quality Review Act (“SEQRA” or “SEQR”), as set forth in the Environmental Conservation Law at Article 8 and its implementing regulations and on June 1, 2020, the Common Council classified the Project as a Type 1 action; and WHEREAS, by letter dated June 16, 2020, notice was given to each involved agency as defined by SEQRA and identified by SED of the Common Council’s declaration to act as lead agency; and WHEREAS, the Common Council received letters with respect to the Project dated July 9, 2020 from NYS Homes and Community Renewal and July 16, 2020 from the NYS Department of Environmental Conservation (together the “Involved Agency Letters”), each an involved agency, and considered the concerns raised in the letters. None of the other involved agencies submitted any information or comment; and WHEREAS, the Project was referred to the Planning, Economic Development and Land Use committee of the Common Council, who met to consider the submitted materials and presentations by the Project team and ask questions of the Project professionals on the following dates: July 9, 2020, July 16, 2020 and August 27, 2020; and WHEREAS, the proposed rezoning was the subject of a Public Hearing head by the Common Council on ____________, 2020 where public comment was received; and WHEREAS, the Common Council received and reviewed a Full Environmental Assessment Form (“FEAF”) addressing the zoning map amendment and other regulatory approvals for the proposed Seventy-Six project; and WHEREAS, the Common Council has reviewed the FEAF to determine the impacts that may be reasonably expected to result from the enactment of the zoning map amendment against the criteria for determining significance as set forth in SEQRA, 6 NYCRR617.7(c) as follows: 1. a substantial adverse change in existing air quality, ground or surface water quality or quantity, traffic or noise levels; a substantial increase in solid waste production; a substantial increase in potential for erosion, flooding, leaching or drainage problems; The Zoning Map Amendment will not have any substantial adverse impacts. All proposed non-residential uses in the rezoned area will be required to undergo project specific SEQR review under the USDO. Any proposed uses that are unable to meet city requirements or have adverse impacts in these areas will not be approved. The Project does not include any source of air emissions and the sustainability goals will reduce carbon emissions. Stormwater will be captured, treated, and 100% will be reused on-site in non-potable applications. In addition, 100% of generated greywater and blackwater will be treated on-site, and a portion will be reused on-site in non-potable applications. Any excess treated wastewater will be discharged to a proposed separate storm sewer during dry weather and at a controlled rate. As shown in the submitted traffic report, the project will not have a substantial adverse impact on traffic, and the peripheral road network will continue to operate at high levels of service, with no material impacts on operations of the road network. Furthermore, CDTA has proposed a new bus route near the site with potential reducing emissions or need for cars. The Project has also produced commitments to encouraging ride share and electric car use. Noise will be mitigated through the design of the site, hours of operation, and landscaping/vegetated buffers and balconies which will absorb sound. All solid waste will be diverted from landfills, with no burden to the city for waste handling. Construction waste will be reduced by 58% with the use of modular construction. Demolition debris will be diverted from disposal through recycling, reuse and diversion programs to achieve the city’s required 35%. Finding: none. 2. the removal or destruction of large quantities of vegetation or fauna; substantial interference with the movement of any resident or migratory fish or wildlife species; impacts on a significant habitat area; substantial adverse impacts on a SEQR Regulations – reproduction of 6 NYCRR Part 617 (Effective date: January 1, 2019) Page 21 of 40 617.7 threatened or endangered species of animal or plant, or the habitat of such a species; or other significant adverse impacts to natural resources; The Amendment and Project areas are in a populated urban area and will not result in the destruction of significant quantities of vegetation or fauna or interference with resident or migratory species. NYSDEC environmental resource mapper confirms there are no known occurrences of endangered, threatened or rare species at the project site. There is the potential for the northern long eared bat in the vicinity of the Project site, and impacts will be mitigated by tree clearing between October 15 and March 31. Finding: none. 3. the impairment of the environmental characteristics of a critical environmental area as designated pursuant to section 617.14(g) of this Part; The Amendment/Project site is not in a critical environmental area. Finding: none. 4. the creation of a material conflict with a community's current plans or goals as officially approved or adopted; The Amendment and Project are both consistent with the articulated goals of the City of Albany and Albany 2030 Plan. The Amendment extends an area that already exists with similar uses. The Amendment and Project both fulfill the six vision components, as articulated in the Albany 2030 Plan. In addition, both the Amendment and Project support the goals of the 2007 Capital South Plan for increased private investment in the South End of Albany. Finding: none. 5. the impairment of the character or quality of important historical, archeological, architectural, or aesthetic resources or of existing community or neighborhood character; Phase 1A Literature Search and Sensitivity Assessment and Phase 1B Archeological Field Reconnaissance Survey were performed. The Phase 1B indicated there are no intact archeological deposits located in the Amendment/Project area. Based upon the significant topography of the project site and surrounding area, as well as the adjacent off-site vegetated areas, the viewshed analysis determined that the Amendment/Project will not be visible from many aesthetic resources. Through sustainable design, the Project will not impair the character or quality of important resources. Finding: none. 6. a major change in the use of either the quantity or type of energy; None of the proposed uses in the Amendment area which differ from those already allowed in the Project site result in substantial changes in energy. The Project will generate 100% of energy needed to support the development through on- site renewable sources, consistent with NY’s climate goal of 100% carbon-free electricity generation. Finding: none. 7. the creation of a hazard to human health; The uses in the Amendment and Project will not create hazard to human health. Finding: none. 8. a substantial change in the use, or intensity of use, of land including agricultural, open space or recreational resources, or in its capacity to support existing uses; The Amendment and Project will not result in a substantial change in the use of land. The site does not consist of agricultural, open space or recreational resources. Finding: none. 9. the encouraging or attracting of a large number of people to a place or places for more than a few days, compared to the number of people who would come to such place absent the action; The Amendment and Project will not result in the attraction of a large number of people to the site. The site is not of an appropriate acreage to accommodate uses that would attract a large number of people to the area. The Project will serve the existing community and not be an attraction which causes large numbers of people to come to the area. Finding: none. 10. the creation of a material demand for other actions that would result in one of the above consequences; The Amendment and Project will not create material demands for other actions that result in the above consequences. The site area is not sufficient to support additional demands. Finding: none. 11. changes in two or more elements of the environment, no one of which has a significant impact on the environment, but when considered together result in a substantial adverse impact on the environment; or The Amendment and Project will not change or negatively impact two or more elements of the environment. Finding: none. 12. two or more related actions undertaken, funded or approved by an agency, none of which has or would have a significant impact on the environment, but when considered cumulatively would meet one or more of the criteria in this subdivision. There are no negative cumulative impacts of the proposed Amendment or Project. Finding: none.  WHEREAS, as a result of its careful review and examination of the Amendment and Project and all materials submitted by the SED applicant and its’ professionals, the Common Council finds that, on balance and after careful consideration of all relevant Amendment and Project documentation, it has more than adequate information to evaluate the environmental impacts of the proposed action as required by SEQRA and all of the relevant benefits and potential impacts of the Amendment and Project. NOW THEREFORE BE IT RESOLVED, that the Common Council hereby finds that the zoning map amendment and project applications for the Seventy-Six project constitute a Type I action under SEQRA; and BE IT RESOLVED, that after a public hearing and review of the Full Environmental Assessment Form against the SEQRA factors as set forth in the New York State Environmental Conservation Law, and its implementing regulations, the Common Council hereby determines there is no significant environmental impact to the approval of the zoning map amendment set forth in Ordinance 9.61.20 and/or the Project; the Common Council adopts a negative declaration and finds that no Environmental Impact Statement is required under SEQRA; and it is further BE IT FINALLY RESOLVED that this resolution shall take effect immediately. * Council Member Frederick spoke on the Resolution prior to passage. * Resolution 72.81.20R was co-sponsored by Council Members Anane, Balarin, Farrell, Hoey, Johnson, Kimbrough, Love, Obrien and Robinson There being no discussion, President Ellis called for a roll call vote thereon and the motion was ADOPTED: The motion passed by the following vote of all Council Members present voting in favor thereof: Affirmative – Anane, Balarin, Doesschate, Fahey, Farrell, Flynn, Frederick, Hoey, Igoe, Johnson, Kimbrough, Love, O’Brien, and Robinson Affirmative 14 Negative 0 Abstain 0 CONSIDERATION OF ORDINANCES Council Member O’Brien noticed Ordinance 20.92.20R as follows, which was held for further consideration: ORDINANCE 20.92.20 AN ORDINANCE AMENDING CHAPER 375 OF THE CODE OF THE CITY OF ALBANY (UNIFIED SUSTAINABLE DEVELOPMENT ORDINANCE) CHANGING THE ZONING CLASSIFICATION OF 1057 WASHINGTON AVENUE AND 1061 WASHINGTON AVENUE FROM “MIXED-USE NEIGHBORHOOD CENTER” (MU- NC) TO RESIDENTIAL “TWO-FAMILY” (R-2) AND AMENDING THE ZONING MAP ACCORDINGLY The City of Albany, in Common Council convened, does hereby ordain and enact: Section 1. Chapter 375 of the Code of the City of Albany (Unified Sustainable Development Ordinance) and the Official Zoning Map are hereby amended to change the zoning classifications of 1057 and 1061 Washington Avenue from Mixed -Use Neighborhood Center (MU-NC) to Residential Two-Family (R-2), said properties being more particularly described as follows: All that parcel of land situated in the City of Albany, County of Albany and State of New York, identified on the tax map as follows: Section: 64.26 Block: 1 Lot: 4 Said premises more commonly known as 1057 Washington Avenue measuring approximately 0.24 acres. Section: 64.26 Block: 1 Lot: 3 Said premises more commonly known as 1061 Washington Avenue measuring approximately 0.22 acres. Section 2. This ordinance shall take effect immediately. President Pro Tem Kimbrough referred Ordinance 20.92.20R to the Planning, Economic Development and Land Use Committee for further consideration. Council Member Doesschate on the behalf Council member Conti noticed Ordinance 21.92.20R as follows, which was held for further consideration: ORDINANCE 21.92.20 AN ORDINANCE AMENDING ARTICLE IX (BUILDING CONSTRUCTION REGULATION) AND ARTICLE XIA (VACANT BUILDING REGISTRY) OF PART 2 (BUILDING CONSTRUCTION) OF CHAPTER 133 (BUILDING CONSTRUCTION) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO EMERGENCY BUILDING ACTIONS IN HISTORIC DISTRICTS The City of Albany, in Common Council convened, does hereby ordain and enact:  Section 1. Subsections A and B of section 133-55 of Article IX of Chapter 133 of the Code of the City of Albany are amended, and a new subsection E is added, to read as follows: A. Whenever the Commissioner finds that a violation of this Part 2 exists which, in his opinion, requires immediate action to abate a direct hazard or an immediate danger to the health, safety or welfare of the occupants of a building or of the public, the Commissioner may, without prior notice or hearing except as provided in Subsection B of this section, take any action authorized herein which is reasonably necessary to abate or remove the condition. A direct hazard or an immediate danger to the health, safety or welfare of the occupants of a building or of the public shall exist when utilizing the time periods and notice otherwise provided under this Code would cause an immediate and irreparable danger to life, health or property. B. Such action may include but is not limited to demolition of the building or structure, vacating the occupants of the premises and of surrounding premises, closing of public or private streets or rights-of-way, termination of utility service, erection of barricades and other protections and the performance of physical work on the premises. Demolition of the building or structure shall only be used as a last resort when no other method will serve to protect the occupants or the pubic from a direct hazard or immediate danger. In the event that the Commissioner shall order a demolition under this section, the Commissioner shall make a reasonable attempt to notify the property owner prior to the demolition. The notification shall in no way impair the ability of the Commissioner to demolish the building or structure. E. Whenever an action is proposed to be taken under this section within an historic resources overlay district established in accordance with section 375-2(F)(1) of Chapter 375 of this Code the Commissioner shall immediately notify members of the Historic Resources Commission established under Part 4 of Article XII of Chapter 42 of this Code prior to such action. Such notification shall include transmittal of any structural or engineering reports, and the Commissioner’s findings and considerations which are the basis of any action. Section 2. Section 133-78.6 of Article XIA of Part 2 of Chapter 133 of the Code of the City of Albany is amended to read as follows: § 133-78.6. Quarterly reports. The chief building official shall submit a quarterly report not later than January 15, April 15, July 15 and October 15 of each year to the Mayor and, Common Council and Historic Resources Commission established under Chapter 42 of this Code containing not less than the following information: A. The number of buildings in the City declared vacant in each category set forth in § 133-78.3E(2) under the provisions of this article; and B. The number of vacant building registrations filed or annually renewed with the Department of Buildings and Regulatory Compliance within each category.; and C. The number of vacant building registrations in each category by historic resources overlay districts established in accordance with section 375-2(F)(1) of Chapter 375 of this Code both by individual district and total for all such districts. In addition, such quarterly report shall include the number of buildings by historic resources overlay district subject to an emergency demolition or stabilization in accordance with section 133-55 of this chapter for the reporting quarter and in the preceding quarter. Section 3. This ordinance shall take effect thirty (30) days after its enactment. President Pro Tem Kimbrough referred Ordinance 21.92.20R to Planning, Economic Development and Land Use Committee for further consideration. Council Member Frederick noticed Ordinance 9.61.20R (AN ORDINANCE AMENDING CHAPTER 375 OF THE CODE OF THE CITY OF ALBANY (UNIFIED SUSTAINABLE DEVELOPMENT ORDINANCE) CHANGING THE ZONING CLASSIFICATIONS AND AMENDING THE ZONING MAP ACCORDINGLY) which had been previously introduced, requested passage and a roll call vote thereon. * Council Member Doesschate and Frederick spoke on the Ordinance prior to passage. * Ordinance 9.61.20R was co-sponsored by Council Members Anane, Balarin, Farrell, Flynn, Hoey, Igoe, Johnson, Kimbrough, Love, Obrien and Robinson There being no discussion, President Ellis called for a roll call vote thereon and the motion was ADOPTED: The motion passed by the following vote of all Council Members present voting in favor thereof: Affirmative – Anane, Balarin, Fahey, Farrell, Flynn, Frederick, Hoey, Igoe, Johnson, Kimbrough, Love, O’Brien, and Robinson Abstain – Doesschate Affirmative 13 Negative 0 Abstain 1 Council Member Love noticed Ordinance 10.61.20R and declare it an unlisted action and issue a negative declaration as determined by the Planning Department under the State Environmental Law. Council Member Love noticed Ordinance 10.61.20R (AN ORDINANCE AMENDING CHAPTER 375 OF THE CODE OF THE CITY OF ALBANY (UNIFIED SUSTAINABLE DEVELOPMENT ORDINANCE) CHANGING THE ZONING CLASSIFICATION OF 180 SHERIDAN AVENUE FROM “TOWNHOUSE” (R-T) TO “MIXED-USE COMMUNITY URBAN” (MU-CU) AND AMENDING THE ZONING MAP ACCORDINGLY) which had been previously introduced, requested passage and a roll call vote thereon. * Ordinance 10.61.20R was co-sponsored by Council Members Kimbrough There being no discussion, President Ellis called for a roll call vote thereon and the motion was ADOPTED: The motion passed by the following vote of all Council Members present voting in favor thereof: Affirmative – Anane, Balarin, Doesschate, Fahey, Farrell, Flynn, Frederick, Hoey, Igoe, Johnson, Kimbrough, Love, O’Brien, and Robinson Affirmative 14 Negative 0 Abstain 0 President Pro Tem Kimbrough held the pending Ordinances on the agenda for further consideration. CONSIDERATION OF RESOLUTIONS Council Member Hoey noticed Resolution 83.92.20R as follows, asked passage and a roll call vote thereon: RESOLUTION NUMBER 83.92.20R A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF ALBANY CONGRATULATING DR. JIM MALATRAS ON BECOMING THE 14TH CHANCELLOR OF THE STATE UNIVERSITY OF NEW YORK (SUNY) SYSTEM WHEREAS, the State University of New York Board of Trustees have announced the appointment of Dr. Jim Malatras as the 14th chancellor of SUNY, the largest comprehensive system of higher education in the United States; and WHEREAS, Dr. Malatras, the first SUNY graduate to become chancellor, has emphasized to the Board of Trustees his determination to immediately confront the serious issues spurred by the COVID crisis while continuing and strengthening the SUNY commitment to affordability and increased access for the state's most underrepresented populations; and WHEREAS, higher education is facing a critical moment in our history, amplified by a pandemic that has nearly paralyzed our nation and our City and now, more than ever, we need a visionary leader Like Dr. Malatras with deep financial and operational expertise to face these challenges head-on in an equitable way for all our children; and WHEREAS, SUNY Chancellor Jim Malatras has said, “It is an incredible honor to lead the largest comprehensive system of public higher education as the next chancellor of the State University of New York. I am a proud product of the SUNY system, having earned my undergraduate, graduate, and doctoral degrees from SUNY institutions. I believe in the power of public education to unlock the doors of opportunity and will work tirelessly to make it accessible to all who seek it. Job one is our students who drive and inspire everything we do. I look forward to working with the brightest and most dedicated educators in the country to meet the challenges of this moment, and beyond, for our students as a collaborative, imaginative, and unified SUNY system.”; and WHEREAS, Dr. Malatras has asked the Board of Trustees for a 25 percent pay cut and he has asked that money be instead directed every year to the SUNY Educational Opportunity Program for underrepresented students and PRODiG program to increase faculty diversity across SUNY campuses; and WHEREAS, the City of Albany is home to the University at Albany, which is one of the four SUNY University Centers, is where Dr. Malatras received his bachelor's degree, master's degree, and a doctorate in political science, where he was awarded the Presidential Distinguished Doctoral Dissertation Award, and is also where many Common Council members and other government leaders and their families obtained their degrees; and WHEREAS, Dr. Malatras has been heavily involved in the City of Albany such as serving as a member of Citizen’ Police Review Board (See Resolution 82.101.06R (MC)); and WHEREAS, UAlbany and other SUNY Campuses provide an affordable education, which is critical for the next generation and free society; NOW, THEREFORE, BE IT RESOLVED, that the Common Council of the City of Albany congratulates Dr. Jim Malatras as the 14th Chancellor to the SUNY System and hopes his leadership will lead to a more equitable society through the education of our youth, and make health care more available for all citizens of New York through the SUNY Hospital System. * Council Member Hoey, Anane and Balarin spoke on the Resolution prior to passage. * Resolution 83.92.20R was co-sponsored by Council Members Anane, Balarin, Doesschate, Fahey, Farrell, Flynn, Frederick, Hoey, Igoe, Johnson, Kimbrough, Love, O’Brien, and Robinson There being no discussion, President Ellis called for a roll call vote thereon and the motion was ADOPTED: The motion passed by the following vote of all Council Members present voting in favor thereof: Affirmative – Anane, Balarin, Doesschate, Fahey, Farrell, Flynn, Frederick, Hoey, Igoe, Johnson, Kimbrough, Love, O’Brien, and Robinson Affirmative 14 Negative 0 Abstain 0 Council Member Johnson noticed Resolution 84.92.20R as follows, which was held for further consideration: RESOLUTION NUMBER 84.92.20R A RESOLUTION CALLING ON THE MAYOR OF THE CITY OF ALBANY TO LOOK INTO CONSTRUCTING A CITY-OWNED COMMUNITY RECREATIONAL CENTER WHEREAS, there has been a large uptick of violence in the City of Albany; and WHEREAS, the City of Albany has yet to address its long-standing inequities; and WHEREAS, the City of Albany has historically not provided resources to give young people avenues away from violence or ways to deal with trauma they experience growing up around violence; and WHEREAS, a new city-owned community recreational center would provide our young people a space that would keep them occupied and promote strong relationships through sports leagues and recreational activities; and WHEREAS, such a center would also provide benefits for parents who need a safe spot for their children to go after-school; and WHEREAS, a vibrant community recreation center can have a stabilizing effect on the lives of young people by creating the perfect setting for local mentorship programs, providing guidance, leadership development, and educational opportunities, and offering a refuge for at-risk youth; and WHEREAS, a report from the University of Chicago links afterschool programs, which can be found in many recreation centers, with reduced drug use. NOW THEREFORE, BE IT RESOLVED, that the Common Council of the City of Albany hereby calls upon the Mayor of the City of Albany to look into constructing a city owned community recreation center; and BE IT FURTHER RESOLVED, that the Clerk is hereby directed to transmit this resolution to the Superintendent the City School District of Albany. Council Member Johnson noticed Resolution 85.92.20R as follows, asked passage and a roll call vote thereon: RESOLUTION NUMBER 85.92.20R A RESOLUTION CALLING ON NEW YORK STATE GOVERNOR ANDREW CUOMO TO REVIEW THE 1,800 APPLICATIONS FOR CLEMENCY CURRENTLY ON HIS DESK. WHEREAS, the Governor is vested with the power to grant clemency “after conviction, for all offenses except treason and cases of impeachment” under section four of article IV of the Constitution of the State of New York; and WHEREAS, in 2015 Governor Cuomo vowed to create a more just, fairer and compassionate New York by granting clemency to incarcerated persons who are deserving of a second chance; and WHEREAS, clemency is a crucial part of criminal justice reform because it reduces the number of American citizens incarcerated today due to cruelly long prison sentences; and WHEREAS, there are currently 1,800 applications for clemency on the Governor’s desk; and WHEREAS, Governor Cuomo lags behind his predecessors: Governor Carey issued 155 commutations; Governor Mario Cuomo issued 37 commutations; Governor Pataki issued 32, while by the end of 2019, Governor Andrew Cuomo has only shortened 11 sentences; and  WHEREAS, on August 21, 2017 the New York State Association of Criminal Defense Lawyers (NYSACDL) announced its commitment to a major New York State Clemency initiative. The program helps recruit, train, and provide resources to pro bono attorneys assisting state prisoners with commutation petitions; NOW THEREFORE, BE IT RESOLVED, that the Common Council of the City of Albany hereby calls upon New York State Governor Andrew Cuomo grant clemencies and review the 1,800 application currently on his desk. * Council Member Johnson spoke on the Resolution prior to passage. * Resolution 85.92.20R was co-sponsored by Council Members Anane, Balarin, Doesschate, Fahey, Farrell, Flynn, Frederick, Hoey, Igoe, Johnson, Kimbrough, Love, O’Brien, and Robinson There being no discussion, President Ellis called for a roll call vote thereon and the motion was ADOPTED: The motion passed by the following vote of all Council Members present voting in favor thereof: Affirmative – Anane, Balarin, Doesschate, Fahey, Farrell, Flynn, Frederick, Hoey, Igoe, Johnson, Kimbrough, Love, O’Brien, and Robinson Affirmative 14 Negative 0 Abstain 0 Council Member Farrell on the behalf of Finance, Assessment and Taxation committee noticed Resolution 86.92.20R as follows, asked passage and a roll call vote thereon: RESOLUTION NUMBER 86.92.20R A RESOLUTION OF THE COMMON COUNCIL CERTIFYING TO THE COMMISSIONER OF THE STATE DEPARTMENT OF TAXATION AND FINANCE AND TO THE CHIEF FISCAL OFFICER OF THE ALBANY CITY SCHOOL DISTRICT THE LOCALLY-ADJUSTED HOMESTEAD AND NON-HOMESTEAD BASE PROPORTIONS FOR SCHOOL TAX YEAR 2020-2021, PURSUANT TO NEW YORK STATE REAL PROPERTY TAX LAW ARTICLE 19 WHEREAS, by Local Law No. 1-1998, the Common Council adopted the provisions of Section 1903 of the Real Property Tax Law relating to the establishment and certification of the local adjustments to the adjusted base proportions of homestead and non-homestead classes; and WHEREAS, pursuant to section 1903(6)(a) of the Real Property Tax Law, the governing body of an assessing unit in which a school district is wholly contained must “annually certify to the chief fiscal officer of each should district wholly contained within such assessing unit and to the commissioner, the applicable … locally-adjusted homestead proportions and locally-adjusted non-homestead proportions.”  WHEREAS, the Albany City School District is wholly contained within the City of Albany and is the only school district within the City of Albany; and WHEREAS, by Resolution 70.102.19R, the Common Council adopted a locally-adjusted homestead base proportion of 55.35451 percent and a locally-adjusted non-homestead base proportion of 44.64549 percent for the 2020 tax year, which are both based on rates provided to the City by the New York State Office of Real Property Tax Services; NOW, THEREFORE, BE IT RESOLVED, that the Common Council of the City of Albany hereby certifies to the Chief Fiscal Officer of the Albany City School District and to the Commissioner of the New York State Department of Taxation and Finance that, for the 2020-21 school tax year, the locally-adjusted homestead base proportion is 55.35451 percent and the locally-adjusted non-homestead base proportion is 44.64549 percent. There being no discussion, President Ellis called for a roll call vote thereon and the motion was ADOPTED: The motion passed by the following vote of all Council Members present voting in favor thereof: Affirmative – Anane, Balarin, Doesschate, Fahey, Farrell, Flynn, Frederick, Hoey, Igoe, Johnson, Kimbrough, Love, O’Brien, and Robinson Affirmative 14 Negative 0 Abstain 0 President Pro Tem Kimbrough made a motion, which was duly seconded, requesting Majority Consent to add Resolution 87.92.20R (MC) to the agenda. There being no discussion, the motion was adopted by voice vote Council Member Doesschate noticed Resolution 87.92.20R (MC) as follows, asked passage and a roll call vote thereon: RESOLUTION NUMBER 87.92.20R (MC) RESOLUTION OF THE COMMON COUNCIL MOURNING THE PASSING OF UNITED STATES SUPREME COURT JUSTICE RUTH BADER GINSBURG AND HONORING HER FOR HER LIFE’S WORK FIGHTING FOR JUSTICE FOR ALL WHEREAS, United States Supreme Court Justice Ruth Bader Ginsburg, passed away the evening of September 18, 2020, at the age of 87 after a decades-long valiant battle with cancer; and WHEREAS, Justice Ruth Bader Ginsburg was a ground-breaking jurist, and only the second woman appointed to the Supreme Court, where she served for 27 years; and  WHEREAS, Justice Ruth Bader Ginsburg, born Joan Ruth Bader, was a pioneer who knew personal adversity, having lost her sister as a child and her mother at age 17, the day before her high school graduation; and WHEREAS, Justice Ruth Bader Ginsburg, repeatedly experienced discrimination first hand when she was denied a job with the Social Security Administration as a claims examiner because she was pregnant; when, as one of 9 women in her Harvard Law School class of 525 she was interrogated by the Dean as to why she felt entitled to be in law school taking the place of a man; when she was denied law positions and teaching positions in prominent law schools despite graduating at the top of her class because she was a woman; and eventually took a position at Rutgers Law School where she was paid less than her colleagues because her husband had a well- paying job; and WHEREAS, Ruth Bader Ginsburg became the first female tenured professor at Columbia Law School and became the first director of the Women's Rights Project at the American Civil Liberties Union where she carried out her litigation strategy to persuade the all-male Supreme Court that official discrimination on the basis of sex was a harm of constitutional dimension in violation of the 14th amendment; and WHEREAS, Justice Ruth Bader Ginsburg led the fight in the courts for gender equality and won five of the six cases she argued before the Supreme Court with brilliance, integrity, and zeal that resulted in new holdings that liberated men and women from subjective, unnecessary, unjust, and life-limiting “sex-role pigeonholing” and “protections;” and WHEREAS, while serving on the bench, Justice Ruth Bader Ginsburg continued to be a commanding voice for gender equality and a tenacious protector of the rule of law who wrote pointed and powerful majority and dissenting opinions while focused on our highest American ideal: Equal Justice Under the Law. WHEREAS, that was never more evident than in 1996 when, Supreme Court Justice Ginsburg wrote the court's 7-1 opinion that found the all-male admissions policy of the state- supported Virginia Military Institute was unconstitutional, noting that "Reliance on overbroad generalizations ... estimates about the way most men or most women are, will not suffice to deny opportunity to women whose talent and capacity place them outside the average description," and WHEREAS, Justice Ruth Bader Ginsburg defended everyone's right to love who they want; protected health care for those who need it the most; and recognized a woman’s constitutional right to control their own bodies and destinies; and WHEREAS, Justice Ruth Bader Ginsburg was honored with many awards, including the Thurgood Marshall Award in 1999, the ABA’s highest honor, the American Bar Association Medal, and the World Law Foundations World Peace and Liberty Award; and WHEREAS Justice Ruth Bader Ginsburg has earned the respect of her fellow justices, including those whom she has disagreed with on the bench, leading Chief Justice John Roberts to state: "Our nation has lost a justice of historic stature…We at the Supreme Court have lost a cherished colleague. Today we mourn but with confidence that future generations will remember Ruth Bader Ginsburg as we knew her, a tireless and resolute champion of justice." WHEREAS, Justice Ruth Bader Ginsburg inspired generations of young lawyers, social justice advocates, and young women in her lifetime achieving late-life rock stardom; and WHEREAS, our country and every person in our country is better off for having Joan Ruth Bader Ginsburg walk this planet as a brilliant and unrelenting force for freedom and justice for all that hopefully will serve as a beacon of light and hope for all of eternity. NOW THEREFORE, BE IT RESOLVED that the Albany Common Council pauses tonight to mourn the passing of Justice Ruth Bader Ginsburg and honor her and express our gratitude to her for her life’s work fighting for justice for all and a life well-lived; and BE IT FURTHER RESOLVED the Albany Common Council expresses its deepest sympathy to the family of Justice Ruth Bader Ginsburg and directs that a duly embossed copy of this resolution be sent to her family. * Council Member Doesschate, Fahey and Anane spoke on the Resolution prior to passage. * Resolution 87.92.20R (MC) was co-sponsored by Council Members Anane, Balarin, Doesschate, Fahey, Farrell, Flynn, Frederick, Hoey, Igoe, Johnson, Kimbrough, Love, O’Brien, and Robinson There being no discussion, President Ellis called for a voice call vote thereon and the motion was ADOPTED: Council Member Farrell on the behalf of Finance, Assessment and Taxation committee noticed Resolution 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) which had been previously introduced, requested passage and a roll call vote thereon. There being no discussion, President Ellis called for a roll call vote thereon and the motion was ADOPTED: The motion passed by the following vote of all Council Members present voting in favor thereof: Affirmative – Anane, Balarin, Doesschate, Fahey, Farrell, Flynn, Frederick, Hoey, Igoe, Johnson, Kimbrough, Love, O’Brien, and Robinson Affirmative 14 Negative 0 Abstain 0 Council Member Farrell on the behalf Finance, Assessment and Taxation noticed Resolution 77.91.20R which had been previously introduced, requested passage and a roll call vote thereon: RESOLUTION NUMBER 77.91.20R (As Amended) RESOLUTION OF THE COMMON COUNCIL AUTHORIZING THE MAYOR TO EXECUTE THE ALBANY SKYWAY AGREEMENT BETWEEN THE CITY AND THE NEW YORK STATE DEPARTMENT OF TRANSPORTATION FOR THE ALBANY SKYWAY PROJECT (PIN# 1051.82) FOR THE ELEVATED RAMP FROM QUAY STREET TO CLINTON AVENUE (US ROUTE 9) AND THE LAST TWO SPANS OF THE SOUTH BOUND EXIT RAMP OF INTERSTATE 787 (I-787) OVER THE CANADIAN PACIFIC RAILROAD AND WATER STREET WHEREAS, pursuant to Highway Law § 10(27) the Commissioner of Transportation may (the "Commissioner"), upon the request of a municipality, perform for and at the expense of such municipality, any work of construction or reconstruction, including the removal and relocation of facilities, provided the Commissioner deems it practicable to perform such work for such municipality in connection the performance of any work of construction, reconstruction or improvement under the Highway Law; and WHEREAS, the City of Albany is a municipality within the meaning of such section of the Highway Law ("Municipality"); and WHEREAS, pursuant to Highway Law § 10(27) the Municipality, in connection with PIN 1051.82, The Albany Skyway Project, wishes the New York State Department of Transportation ("NYSDOT") to perform certain work described the Albany Skyway Agreement Between the City and the New York State Department of Transportation for the Albany Skyway Project (PIN# 1051.82) for the Elevated Ramp from Quay Street to Clinton Avenue (US Route 9) and the Last Two Spans of the South Bound Exit Ramp of Interstate 787 (I-787) Over the Canadian Pacific Railroad and Water Street (The Skyway Agreement); and WHEREAS, there is a substantial public interest in and benefit to the performance of the Skyway Agreement, which will be part of the State or municipal highway system and will be available for use by the general public; NOW, THEREFORE, BE IT RESOLVED, that the City of Albany Common Council hereby approves the above-referenced Skyway Agreement; and BE IT FURTHER RESOLVED, that the Mayor be and is hereby authorized to execute all necessary agreements or other instruments on behalf of the City of Albany in connection with the advancement or funding of the Skyway Project. * Council Member Love, Farrell, Anane, Doesschate, Johnson, O’Brien, Fahey, Balarin, Love spoke on the Resolution prior to passage. * Resolution 77.91.20R was co-sponsored by Council Members Anane, Balarin, Fahey, Farrell, Frederick, and Robinson There being no discussion, President Ellis called for a roll call vote thereon and the motion was ADOPTED: The motion passed by the following vote of all Council Members present voting in favor thereof: Affirmative – Anane, Balarin, Doesschate, Fahey, Farrell, Flynn, Frederick, Hoey, Igoe, Kimbrough, Love, O’Brien, and Robinson Negative – Johnson Affirmative 13 Negative 1 Abstain 0 Council Member Kimbrough noticed Resolution 82.91.20R (RESOLUTION OF THE COMMON COUNCIL REAPPOINTING ZACH GARAFALO AS A MEMBER OF THE COMMUNITY POLICE REVIEW BOARD) which had been previously introduced, requested passage and a roll call vote thereon. * Resolution 82.91.20R was co-sponsored by Council Members Anane, Balarin, Doesschate, Fahey, Farrell, Flynn, Frederick, Hoey, Igoe, and O’Brien There being no discussion, President Ellis called for a roll call vote thereon and the motion was ADOPTED: The motion passed by the following vote of all Council Members present voting in favor thereof: Affirmative – Anane, Balarin, Doesschate, Fahey, Farrell, Flynn, Frederick, Hoey, Igoe, Johnson, Kimbrough, Love, O’Brien, and Robinson Affirmative 14 Negative 0 Abstain 0 President Pro Tem Kimbrough held the pending Resolution on the agenda for further consideration. COMMON COUNCIL COMMENTS Council Member Robinson (Response to Patricia Gordon-Matthew’s Public Comment) Council Member Frederick (Request to Cosponsor Resolution 83.92.20) Council Member Love (Partnership with Council member Council Robinson) Council Member Johnson (Mayor’s Response to Arbor Hill Complex Event) Council Member Flynn & President Pro Tem Kimbrough led the moment of silence for colleague, Gerald Campbell Sr. and Justice Ruth Bader Ginsburg. 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 10:28 pm. MICHELE ANDRE Senior Legislative Aide to the Council