Common Council Caucus & Regular Meeting

MINUTES OF A REGULAR MEETING MONDAY, October 5, 2020 The Common Council was convened at 7:02p.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) Zachary Simpson, 175 Homestead, Albany, NY 12208 ("Community Events") 2) Tom McPheeters, 14 Wilbur Street, Albany, NY 12202 (South End Community Center) 3) Tor McDowell, 319 McCarty Ave, Albany NY 12209 (Foley Field/dog park - Ordinance 18.92.20) 4) Darmel Ricks, 160 Third Ave, Albany, NY (Foley Field/dog park - Ordinance 18.92.20) 5) Alana Klein, 29 Glenwood St, Albany, NY 12208 (Capital Hill Golf Course) 6) Willie White, 62 Delaware Ave, Albany, NY (South End Community Center) 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 21, 2020 meeting of the Council, which was duly seconded, and APPROVED by unanimous voice vote. CONSIDERATION OF LOCAL LAWS: Council Member Igoe noticed Local Law N of 2020 as follows, which was held for further consideration: A LOCAL LAW AMENDING CHAPTER 363 OF THE CODE OF THE CITY OF ALBANY IN RELATION TO THE CREATION OF AN APPLICATION AND LICENSING PROCESS FOR DOOR TO DOOR VENDORS  BE IT ENACTED by the Common Council of the City of Albany as follows: Section 1. Subsection (C) of Section 363-9 (Requirements for door-to-door vendors) of Chapter 363 (Vendors) of the Code of the City of Albany is hereby amended to read as follows: C. [In addition to any requirements promulgated by the City Clerk, an applicant for a door-to-door vending license must consent to a background check involving fingerprint identification prior to the issuance of said license.] Any person desiring to act as a door-to-door vendor in the City of Albany shall first obtain a license to vend door-to-door in accordance with the following provisions: (1) Any person seeking a license to vend door-to-door shall file with the City Clerk an application upon a form furnished by the City Clerk. Such application shall require the applicant to provide: a. The number and kind of vehicle to be used by the applicant, if any, in carrying on the business for which the license is desired. b. The kind of goods, wares, and merchandise the applicant intends to sell or the kind of service the applicant intends to perform. c. The method of distribution for such goods or services. d. The name, address, and date of birth of the applicant. e. A statement as to whether the applicant has been convicted of a crime, and if so, the date of conviction(s), the name of the crime(s) of which the applicant was convicted, the penalty imposed for the conviction(s), and the name(s) and address(es) of the court(s) in which the applicant was convicted. f. The name and address of the person, firm, or corporation that the applicant represents. g. The length of time for which the applicant desires the license. President Pro Tem Kimbrough referred Local Law N of 2020 to the Law, Buildings and Code 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 Temp reported that the committee will meet on November 5, 2020 to review police reforms legislations (Local H of 2020, Local Law I of 2020, Local Law J of 2020). Parks, Recreation and Family Services: Council member Flynn reported that the committee met on October 1, 2020 to review Ordinance 18.92.20 As Amended. It was moved out of the committee with a favorable recommendation. Finance, Assessment and Taxation: Council Member Farrell reported that the committee will meet on Wednesday, October 7, 2020 at 5:30PM to review Budget Office Presentation and Q and A on the Proposed Budget. The committee will also meet on Thursday, October 8, 2020 at 5:30PM to review Debt Report Presentation by Treasurer Darius Shahinfar and budget presentation for the Department of Administrative Services. CONSIDERATION OF ORDINANCES Council Member Love noticed Ordinance 22.101.20R as follows, which was held for further consideration: ORDINANCE 22.101.20 AN ORDINANCE OF THE COMMON COUNCIL AUTHORIZING THE SALE TO THOMAS LACY OF CITY OWNED LAND AT 47 FIRST STREET (Tax Map Parcel #65.82-1-71) The City of Albany, in Common Council convened, does hereby ordain and enact: Section 1. It is hereby ordered and directed that all the right, title and interest of the City of Albany in and to the undeveloped 0.05 +/- acre parcel at 47 First Street (Tax Map Parcel #65.82- 1-71), be sold at private sale pursuant to the provisions of Local Law No. 4 of 1984 to Thomas Lacy. 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 22.101.20R to the Finance, Assessment and Taxation Committee for further consideration. Council Member Hoey noticed Ordinance 23.101.20R as follows, which was held for further consideration: ORDINANCE 23.101.20 AN ORDINANCE AMENDING ORDINANCE 8.31.19 (As Amended) ENTITILED: “AN ORDINANCE AMENDING ARTICLE VIII (FARM ANIMALS) OF CHAPTER 115 (ANIMALS) OF THE CODE OF THE CITY OF ALBANY TO AUTHORIZE AND PERMIT THE KEEPING OF HENS AS ADOPTED BY THE COMMON COUNCIL OF THE CITY OF ALBANY ON JULY 1, 2019 IN RELATION TO THE EXPIRATION THEREOF The City of Albany, in Common Council convened, does hereby ordain and enact: Section 1. Section 4 of Ordinance 8.31.19 (As Amended) as adopted by the Common Council of the City of Albany on July 1, 2019 is amended to read as follows: Section 4. This ordinance shall take effect on the 30th day after it shall become a law [and shall expire and be deemed repealed December 31, 2021]. Section 2. This ordinance shall take effect immediately. President Pro Tem Kimbrough referred Ordinance 23.101.20R to the Law, Building and Codes Committee for further consideration. Council Member Balarin, Love & Robinson noticed Ordinance 24.101.20R as follows, which was held for further consideration: ORDINANCE 24.101.20 AN ORDINANCE AMENDING PARAGRAPH I OF SECTION 48-17 OF ARTICLE II OF CHAPTER 48 OF THE CODE OF THE CITY OF ALBANY INCREASING THE MINORITY AND WOMEN LABOR UTILIZATION PLAN FOR CONTRACTORS FROM 17.8% TO 25% The City of Albany, in Common Council, convened, does hereby ordain and enact: Section 1. Paragraph I of Section 48-17 (Requirements of contractor throughout project.) of Article II (Minority-and Women-Owned Business Enterprise Program and Minority- and Women-Owned Labor Utilization Plan) of Chapter 48 (Equal Opportunity Protections) of Part I of the Code of the City of Albany is amended to read as follow: I. Strive to attain a minority and women labor utilization plan of 17.8% 25%.  Section 2. This ordinance shall take effect immediately. President Pro Tem Kimbrough referred Ordinance 24.101.20R to the Human Resources and Human Rights Committee for further consideration. Council Member Kimbrough noticed Ordinance 25.101.20R as follows, which was held for further consideration: Ordinance Number 25.101.20 AN ORDINANCE OF THE COMMON COUNCIL AUTHORIZING THE SALE TO DANIEL CADALSO OF CITY-OWNED LAND AT 2 GENESEE STREET (Tax Map Parcel #65.44-3-8) The City of Albany, in Common Council convened, does hereby ordain and enact: Section 1. It is hereby ordered and directed that all the right, title and interest of the City of Albany in and to the undeveloped 0.05 +/- acre parcel at 2 Genesee Street (Tax Map Parcel #65.44-3-8), be sold at private sale pursuant to the provisions of Local Law No. 4 of 1984 to Daniel Cadalso. 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 25.101.20R to the Finance, Assessment and Taxation Committee for further consideration. Council Member Frederick noticed Ordinance 18.91.20R which had been previously introduced, requested passage and a roll call vote thereon: ORDINANCE 18.91.20 (As Amended 10/01/2020) AN ORDINANCE AMENDING ARTICLE I (DOGS RUNNING AT LARGE) OF CHAPTER 115 (ANIMALS) OF PART II OF THE CODE OF THE CITY OF ALBANY IN RELATION TO PROHIBITING DOGS ON FOLEY FIELD IN HOFFMAN PARK DURING CERTAIN TIMES OF THE YEAR The City of Albany, in Common Council convened, does hereby ordain and enact: Section 1. Section 115-2 (Regulations) of Article I (Dogs Running at Large) of Chapter 115 (Animals) of Part II of the Code of the City of Albany is amended to read as follow: §115-2 Regulations. Pursuant to the authority granted to the City of Albany by Article 7 of the New York Agriculture and Markets Law, it shall be unlawful for any owner of, or any person harboring, any dog in the City of Albany to permit or allow such dog to: A. Run at large. All dogs are to be restrained by an adequate collar and leash, except that within the parks in the City of Albany, not including Hoffman Park, all dogs shall be so restrained or under the control of its owner or responsible person over 12 years of age. For the purposes of this section, "control" shall mean within sight of the owner and subject to immediate restraint. Any female dog in heat shall be confined to the premises of the owner or person harboring such dog during this period. B. Engage in howling or barking for a period of 10 minutes, or howls or barks intermittently for 1/2 hour or more regardless of whether the dog is physically situated in or upon private property. C. Cause damage or destruction to property or commit a nuisance upon the premises of a person other than the owner or person harboring such dog. D. Chase or otherwise harass any person in such a manner as reasonably to cause intimidation or to put such person in reasonable apprehension of bodily harm or injury. E. Habitually chase or bark at motor vehicles. F. Be within 25 feet of a playground or any area containing playground equipment. G. Be at any City of Albany special event or festival or special event held in a City park. H. Be in Foley Field at Hoffman Park during the months of August through November of each calendar year so as to accommodate the youth sports season. Section 2. This ordinance shall take effect 30 days after enactment. * Council Member Frederick, Igoe, Anane and Flynn spoke on the Resolution prior to passage. Ordinance 18.91.20R was co-sponsored by Council Members Anane, Balarin, Fahey, Farrell, Hoey, Igoe, Johnson, Kimbrough 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, Johnson, Kimbrough, Love, O’Brien Affirmative 14 Negative 0 Abstain 0 President Pro Tem Kimbrough held the remaining Ordinances on the agenda for further consideration. CONSIDERATION OF RESOLUTIONS Council Member Fahey on behalf of the Planning, Economic Development and Land Use Committee noticed Resolution 88.101.20R as follows, asked passage and a roll call vote thereon: RESOLUTION NUMBER 88.101.20R RESOLUTION OF THE COMMON COUNCIL APPOINTING ANTHONY GADDY AS A MEMBER OF THE CITY OF ALBANY INDUSTRIAL DEVELOPMENT AGENCY AND THE CAPITAL RESOURCE CORPORATION WHEREAS, pursuant to the provisions of Sections 856 and 903-a of the General Municipal Law the Common Council of the City of Albany has the authority to appoint members of the Industrial Development Agency and the Capital Resource Corporation; NOW, THEREFORE, BE IT RESOLVED, that the Common Council of the City of Albany, duly convened, does hereby appoint Anthony Gaddy as a member of the City of Albany Industrial Development Agency and the Capital Resource Corporation; and BE IT FURTHER RESOLVED, this resolution shall take effect January 1, 2021. Resolution 88.101.20R was co-sponsored by Council Members Anane, Balarin, Conti, Doesschate, Farrell, Flynn, Frederick, Hoey, Igoe, Johnson, Kimbrough, Love, O’Brien, and Robinson There being no further discussion, President Ellis called for a roll call vote thereon and the Resolution was ADOPTED: The Resolution passed by the following voice vote of all Council Members present voting in favor thereof: Affirmative – Anane, Balarin, Conti, Doesschate, Fahey, Farrell, Flynn, Frederick, Hoey, Igoe, Johnson, Kimbrough, Love, O’Brien, and Robinson Affirmative 15 Negative 0 Abstain 0 Council Member Fahey on behalf of the Planning, Economic Development and Land Use Committee noticed Resolution 89.101.20R as follows, asked passage and a roll call vote thereon: RESOLUTION NUMBER 89.101.20R RESOLUTION OF THE COMMON COUNCIL APPOINTING L. LLOYD STEWART AS A MEMBER OF THE CITY OF ALBANY INDUSTRIAL DEVELOPMENT AGENCY AND THE CAPITAL RESOURCE CORPORATION  WHEREAS, pursuant to the provisions of Sections 856 and 903-a of the General Municipal Law the Common Council of the City of Albany has the authority to appoint members of the Industrial Development Agency and the Capital Resource Corporation; NOW, THEREFORE, BE IT RESOLVED, that the Common Council of the City of Albany, duly convened, does hereby appoint L. Lloyd Stewart as a member of the City of Albany Industrial Development Agency and the Capital Resource Corporation; and BE IT FURTHER RESOLVED, this resolution shall take effect immediately. Resolution 88.101.20R was co-sponsored by Council Members Balarin, Conti, Doesschate, Farrell, Flynn, Frederick, Hoey, Igoe, Johnson, Kimbrough, Love, O’Brien, and Robinson There being no further discussion, President Ellis called for a roll call vote thereon and the Resolution was ADOPTED: The Resolution passed by the following voice vote of all Council Members present voting in favor thereof: Affirmative – Anane, Balarin, Conti, Doesschate, Fahey, Farrell, Flynn, Frederick, Hoey, Igoe, Johnson, Kimbrough, Love, O’Brien, and Robinson Affirmative 15 Negative 0 Abstain 0 Council Member Johnson noticed Resolution 84.92.20R As Amended which had been previously introduced, requested passage and a roll call vote thereon. RESOLUTION NUMBER 84.92.20R (As Amended 09/24/2020) A RESOLUTION CALLING ON THE MAYOR OF THE CITY OF ALBANY TO LOOK INTO CONSTRUCTING A CITY-OWNED COMMUNITY RECREATIONAL CENTER IN THE SOUTH END 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, particularly in the South End; 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 in the South End 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; and 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 in the South End; 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, Frederick, O’Brien, Balarin, Anane, Robinson, Kimbrough, Anane, Igoe and Hoey spoke on the Resolution prior to passage. Resolution 84.92.20R was co-sponsored by Council Members Anane, Balarin, Conti, Doesschate, Fahey, Farrell, Flynn, Frederick, Hoey, Igoe, Johnson, Kimbrough, Love, O’Brien, and Robinson There being no further discussion, President Ellis called for a voice vote thereon and the Resolution was ADOPTED: President Pro Tem Kimbrough held the pending Resolution on the agenda for further consideration. 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 7:48pm. MICHELE ANDRE Senior Legislative Aide to the Council