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Common Council Caucus & Regular Meeting

Regular Meeting

Albany, NY · March 1, 2021

AgendaMinutes

Minutes

MINUTES OF A REGULAR MEETING MONDAY, March 1, 2021 The Common Council was convened at 7:00 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. If we experience any technical difficulties on Facebook, the video will be streamed to YouTube. The roll being called, the following answered to their names: Anane, Balarin, Conti, Doesscahte, Fahey, Farrell, Frederick, Hoey, Igoe, Johnson, Kimbrough, Love, O’Brien, and Robinson Also present was the following staff: Danielle Gillespie, John-Raphael Pichardo, and Brett Williams Council President Ellis led the Pledge of Allegiance. PUBLIC COMMENT PERIOD 1. Nairobi Vives, 3 White Oak Lane, Albany, NY 12208 (Local Law J of 2020) There being no further speakers or submission of written comments, the President declared the Public Comment Period closed. Approval of Minutes President Pro Tem Kimbrough made a motion to approve the minutes of February 18, 2021 meeting of the Council, which was duly seconded, and APPROVED by unanimous voice vote. CONSIDERATION OF LOCAL LAWS: Council Member Doesschate noticed Local Law C of 2021 as follows, which was held for further consideration: LOCAL LAW C OF 2021 A LOCAL LAW AMENDING ARTICLE VIIB (ALBANY POLICE DEPARTMENT INTERACTIONS) OF PART 1 (DEPARTMENT OF POLICE) OF CHAPTER 42 (DEPARTMENTS AND COMMISSIONS) OF PART I (ADMINISTRATIVE LEGISLATION) OF THE ALBANY CITY CODE WITH REGARD TO THE USE OF CHEMICAL WEAPONS AND KINETIC ENERGY MUNITIONS ON CIVILIAN POPULATIONS 1 Section 1. Article VIIB (Albany Police Department Interactions) of Part 1 (Department of Police) of Chapter 42 (Departments and Commissions) of Part I (Administrative Legislation) of the Albany City Code is hereby amended by adding a new section 42-54.3 to read as follows: Section 42-54.3. Use of Chemical Weapons and Kinetic Energy Munitions A. Use of Chemical Weapons and Kinetic Energy Munitions Policy. (1) The Chief of Police, or if there is one, the Commissioner of Public Safety, shall establish a written policy to prohibit the use of Chemical Weapons and Kinetic Energy Munitions by any member of the Albany Police Department on civilian populations, except for the use of pepper spray as defined herein. (2) Prior to the establishment of such policy, the Chief of Police, or if there is one, the Commissioner of Public Safety, shall present such policy to the Community Police Review Board and shall consider any modifications as recommended by such Board. (3) Such policy shall be consistent with the limitations in this section and shall be established within 60 days of the enactment of this law. B. Definitions. For the purposes of this section, the following terms shall have the following meaning: (1) Chemical Weapons. Any type of device containing toxic chemicals designed to be launched or thrown as a projectile or otherwise released in the area of civilian populations, in order to cause temporary or permanent incapacitation, injury or trauma to the intended target, through the action of such chemicals as an eye, throat, respiratory, and/or skin irritant. The term specifically includes, but is not limited to, any item commonly referred to as or having similar effects to “tear gas.” (a) The term “chemical weapon” shall not apply to the use of pepper spray contained in liquid spray canisters of a volume no greater than 0.75 ounces when used to temporarily control a specific individual a police officer reasonably believes to be in the process of committing a crime that endangers other people and only when such agent is released in compliance with department policies and New York State law relating to the use of force and under circumstances that reasonably assure others in the vicinity are not affected by the use of such spray. 2 (2) Kinetic Energy Munitions. Any type of device designed to be launched from any device as a projectile, in order to cause temporary pain, injury, irritation, disability, incapacitation or trauma to the intended target. The term specifically includes, but is not limited to, any item commonly referred to as “impact rounds” or “rubber bullets.” Section 2. This local law shall take effect upon final passage, public hearing and filing with the Secretary of State. *Honorable Doesschate spoke regarding the local law prior to it being held for consideration President Pro Temp Kimbrough referred Local Law C-2021 to the Public Safety Committee Council Member Conti with the support of Council President Ellis noticed Local Law J of 2020 (A LOCAL LAW AMENDING ARTICLE XLIV (GENERAL PROVISIONS) OF PART 33 (COMMUNITY POLICE REVIEW BOARD) OF CHAPTER 42 (DEPARTMENTS AND COMMISSIONS) OF PART I OF THE CODE OF THE CITY OF ALBANY IN RELATION TO THE OPERATION OF THE CPRB) as follows, asked passage and a roll call vote thereon: * Council Member(s) Conti, Doesschate, Anane, Fahey, Balarin, Johnson, Kimbrough, President Ellis spoke on the Local Law prior to passage Local Law J of 2020 was co-sponsored by Anane, Balarin, Doesschate, Farrell, Frederick, Hoey, Johnson, Kimbrough, Love, O’Brien, Robinson, and Fahey There being no further 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, Conti, Doesscahte, Fahey, Farrell, Frederick, Hoey, Igoe, Johnson, Kimbrough, Love, O’Brien, and Robinson Affirmative 14 Negative 0 Abstain 0 Council Member Conti noticed Local Law M – 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) as follows, asked passage and a roll call vote thereon: * Council Member(s) Conti and Fahey spoke on the Local Law prior to passage 3 Local Law M of 2020 was co-sponsored by Fahey, Doesschate, Farrell, Igoe, and Kimbrough There being no further 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, Conti, Doesscahte, Fahey, Farrell, Frederick, Hoey, Igoe, Johnson, Kimbrough, Love, O’Brien, and Robinson Affirmative 14 Negative 0 Abstain 0 President Pro Tem Kimbrough held the remaining Local Laws on the pending agenda. REPORTS OF STANDING COMMITTEES: Planning, Economic Development: Chair Fahey reported that the committee met on February 16, 2021 to consider Local Law M of 2020, Ordinance 21.92.20, and Ordinance 46.122.20. Both Local Law M and Ordinance 21.92.20 passed out of committee at the February 16, 2021meeting. During the March 3, 2021 meeting the committee will be taking up Resolution 18.22.21 reappointing Jeffrey Sperry, Ordinance 46.122.20-technical amendments and USDO a general review of past years USDO activities Public Safety: Chair Kimbrough discussed the upcoming March 2nd and March 8th meeting to discuss the policing collaborative final report. Housing and Community Development: Chair Doesschate discussed that the committee will meet on March 9, 2021 begin the review and discuss the process for awarding grants through Community Development Block Grants and other federal funding sources. They committee is in the process of scheduling the first joint meeting to April 7, 2021 which will be hearing allowing the contesting of awards or lack of an award granted. All committee members are asked to hold the April 15th date if it is needed for additional review of the award of grants. Finance, Assessment and Taxation: Chair Farrell discussed the upcoming March 4, 2021 committee meeting with the Budget and Treasurers Offices providing a report on the City’s financial position and hopefully including a snap shot of expected funds from the State, executive budget and One-House budget and discuss what is expected from the federal government. Ordinances 44.122.20 and 45.122.20 in addition to resolution 13.21.21.R CONSIDERATION OF ORDINANCES Council Member O’Brien noticed the introduction of Ordinance 4.31.21 as follows, which was held for further consideration: ORDINANCE NUMBER 4.31.21 4 AN ORDINANCE AMENDING CHAPTER 371 (WATER AND WATERWAYS) AND CHAPTER 42 (DEPARTMENTS AND COMMISSIONS) IN RELATION TO LEAD PIPES The City of Albany, in Common Council convened, does hereby ordain and enact: Section 1. Subsection (O) of section 371-54 (Prescribed by Commissioner of Water) of Article III (Rules and Regulations Regarding Use of Water) of Chapter 371 (Water and Waterways) of the Code of the City of Albany is hereby amended to read as follows: O. Service pipes less than two (2) inches in size shall be of the best quality AA lead pipe connected to the corporation cock coupling with a wiped joint and provided inside the curbline with a brass roundway shutoff cock and metal extension box. At least one (1) foot of slack to each ten (10) feet in length shall be left between the main and the curb cock, and in no case shall service pipes be laid in a trench recently refilled. When water services are placed at the same time as sewer laterals, a bench shall be excavated at the side of the lateral trench and the water service pipe laid thereon. All services two (2) inches or larger in size shall be of cast-iron pipe provided with a gate valve and a valve box outside of the building and connected with the main by a branch. Section 2. Subsection (A) of Section 42-118 (Permit Required to Connect to Water Supply Pipes; Estimate to Mayor) of Article XV (Establishment; Commissioner and Subordinates) of Part 7 (Department of Water and Water Supply) Chapter 42 (Departments and Commissions) of the Code of the City of Albany is hereby amended to read as follows: A. The connecting or supply pipes leading from distribution pipes of the Water Department of the City of Albany to any building, premises or dwelling shall be inserted and kept in repair at the expense of by the owners or occupants of said buildings, premises and dwellings and shall not be inserted or connected with the main pipe until a permit therefor shall be obtained from the Commissioner of Water and Water Supply of the City of Albany, and all such connecting or supply pipes and fixtures shall be constructed under and according to the direction of the Commissioner of Water and Water Supply. Section 3. This ordinance shall take effect immediately. President Pro Tem Kimbrough referred Ordinance 4.13.21 to General Services, Health and Environment for further consideration Council Member Conti noticed 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 RELATING TO LANDMARKS OR PROPERTY IN HISTORIC DISTRICTS) as follows, asked passage and a roll call vote thereon: * Council Member(s) Conti briefly spoke on the ordinance prior to passage. Ordinance 21.92.20 (as amended 2/18/21) was co-sponsored by Doesschate, Fahey, and Farrell 5 There being no further discussion, President Ellis called for a roll call vote thereon and the motion was ADOPTED: The Ordinance passed by the following voice vote of all Council Members present voting in favor thereof: Affirmative – Anane, Balarin, Conti, Doesscahte, Fahey, Farrell, Frederick, Hoey, Igoe, Johnson, Kimbrough, Love, O’Brien, and Robinson Affirmative 14 Negative 0 Abstain 0 President Pro Tem Kimbrough held the remaining Ordinance on the pending agenda. CONSIDERATION OF RESOLUTIONS Council Member Farrell on behalf of the Committee on Finance, Taxation, and Assessment introduced the following: RESOLUTION NUMBER 22.31.21R A RESOLUTION OF THE COMMON COUNCIL CONSENTING TO THE CREATION OF A FULL-TIME POSITION, WHICH WILL AFFECT A SALARY TOTAL FOR THE 2021 BUDGET (DEPARTMENT OF GENERAL SERVICES) WHEREAS, section 603(D)(b) of the Charter of the City of Albany dictates that any transfer of budgeted funds that affects a salary rate or salary total that occurs outside of those described in the duly adopted budget requires the approval of the Common Council; and WHEREAS, the Department of General Services has requested the creation of one full-time Social Media/Web Specialist position, at the salary of $40,000 (A.1493.8160.7440); NOW, THEREFORE, BE IT RESOLVED, that the Common Council of the City of Albany consents to the transfer of funds affecting a salary total due to the creation of a Social Media/Web Specialist within the Department of General Services for the 2021 budget year. President Pro Tem Kimbrough referred Resolution 22.31.21R to Finance, Taxation, and Assessment for further consideration Council Member Farrell on behalf of the Committee on Finance, Taxation, and Assessment introduced the following: RESOLUTION NUMBER 23.31.21R A RESOLUTION OF THE COMMON COUNCIL CONSENTING TO AN ADJUSTMENT IN SALARY FOR THE 2021 BUDGET (ALBANY POLICE DEPARTMENT) WHEREAS, section 603(D)(b) of the Charter of the City of Albany dictates that any transfer of budgeted funds that affects a salary rate or salary total that occurs outside of those described in the duly adopted budget requires the approval of the Common Council; and 6 WHEREAS, the Police Department of the City of Albany has requested an amendment to the 2021 budget to increase by $4,804 the salary for the position of Building Services Supervisor, from $45,196 to $50,00; NOW, THEREFORE, BE IT RESOLVED, that the Common Council of the City of Albany consents to the transfer of funds affecting a salary total due to the increase in salary of the Building Services Supervisor position within the Albany Police Department for the 2021 budget year. President Pro Tem Kimbrough referred Resolution 22.31.21R to Finance, Taxation, and Assessment for further consideration Council Member Love and Robinson noticed the introduction of Resolution as follows, and requested its immediate passage by roll call vote: Resolution Number 24.31.21R RESOLUTION OF THE COMMON COUNCIL HONORING VICTOR WALLACE CAIN’S LIFE AND LEGACY AND HIS CONTRIBUTIONS TO THE CITY OF ALBANY WHEREAS, Victor Cain was a consummate professional who worked tirelessly to support the lives of students in the City School District of Albany; and WHEREAS, Victor Cain began his career with the Albany County Jail in 1981 and served there for two years before joining the Glenmont Job Corp, where he worked to make sure students were able to learn in a safe and secure environment. After serving as a Security Officer at the Glenmont Job Corp he began his career with the City School District of Albany in 1984, where he served until he retired in 2016; and WHEREAS, Victor was a great steward who believed in each student’s ability to learn and be successful. He proudly served the students and families of our community throughout his life. He managed local community centers for our youth at the V.I and Arbor Hill Community Center and Softball Field; and WHEREAS, Victor was an Albany native who graduated from Albany High School and later went on to Hudson Valley Community College to study Criminal Justice; and WHEREAS, while Victor served as a Home School Coordinator for the Albany City School District he was also a chairman of the Albany Housing Board of Commissioners for two decades; and WHEREAS, as we celebrate the life of Victor Cain as a community, we will support those who he has left behind as they grieve the loss of their husband, father, grandfather, and community advocate; NOW, THEREFORE, BE IT RESOLVED, the City of Albany's Common Council wishes to commend and honor the memory of Victor Wallace Cain and his commitment to the youth, our community, and his dedication to the children of the City of Albany *Council member(s) Love, Johnson, and Conti spoke on the Resolution prior to passage. 7 Resolution 24.31.21R was co-sponsored by Anane, Balarin, Conti, Doesschate, Fahey, Farrell, Frederick, Hoey, Igoe, Johnson, Kimbrough, and O’Brien There being no further discussion, President Ellis called for a voice vote thereon and the Resolution was ADOPTED: Affirmative – Anane, Balarin, Conti, Doesschate, Fahey, Farrell, Frederick, Hoey, Igoe, Johnson, Kimbrough, Love, O’Brien, and Robinson Affirmative 14 Negative 0 Abstain 0 Council Member Farrell on behalf of the Committee on Finance, Taxation, and Assessment noticed the introduction of Resolution as follows, which was held for further consideration: RESOLUTION NUMBER 25.31.21R A RESOLUTION OF THE COMMON COUNCIL CONSENTING TO THE ELIMINATION OF ONE FULL TIME POSITION AND THE CREATION OF ANOTHER, WHICH WILL AFFECT A SALARY TOTAL FOR THE 2021 BUDGET (DEPARTMENT OF RECREATION) WHEREAS, section 603(D)(b) of the Charter of the City of Albany dictates that any transfer of budgeted funds that affects a salary rate or salary total that occurs outside of those described in the duly adopted budget requires the approval of the Common Council; and WHEREAS, the Department of Recreation has requested the elimination of a Laborer II position, which will result in the following changes: Eliminate Laborer II A.7180.4200.7000 ($35,006) Decrease (Salaries) A.7180.4200.7000 $35,006 Total $35,006 and WHEREAS, the Department of Recreation has also requested that such Laborer II position be replaced with the creation of a Laborer I position, which will result in the following changes: Create Laborer I A.7180.4200.7000 $29,702 Increase (Salaries) A.1430.1600.7000 $29,702 Total $29,702 NOW, THEREFORE, BE IT RESOLVED, that the Common Council of the City of Albany consents to the transfer of funds affecting salary totals due to the elimination of a Laborer II position and the creation of one Laborer I position within the Department of Recreation for the 2021 budget year. President Pro Tem Kimbrough referred Resolution 25.31.21R to Finance, Taxation, and Assessment for further consideration 8 Council Member Kimbrough noticed the introduction of Resolution as follows, which was held for further consideration: RESOLUTION NUMBER 26.31.21R RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF ALBANY IN RELATION TO EXECUTIVE ORDER 203 WHEREAS, on June 12, 2020, Governor Andrew Cuomo issued Executive Order No. 203; and WHEREAS, there is a long and painful history in New York State of discrimination and mistreatment of black and African-American citizens dating back to the arrival of the first enslaved Africans in America; and WHEREAS, this recent history includes a number of incidents involving the police that have resulted in the deaths of unarmed civilians, predominantly black and African-American men, that have undermined the public’s confidence and trust in our system of law enforcement and criminal justice, and such condition is ongoing and urgently needs to be rectified; and WHEREAS, these deaths in New York State include those of Anthony Baez, Amadou Diallo, Ousmane Zango, Sean Bell, Ramarley Graham, Patrick Dorismond, Akai Gurley, and Eric Garner, amongst others, and, in other states include Oscar Grant, Trayvon Martin, Michael Brown, Tamir Rice, Laquan McDonald, Walter Scott, Freddie Gray, Philando Castile, Antwon Rose Jr., Ahmaud Arbery, Breonna Taylor, and George Floyd, amongst others; and WHEREAS, these deaths in the City of Albany include those of Andrew Kearse, Edson Thevenin, and Donald “Dontay” Ivy and the harm against Ellazar Williams; and WHEREAS, government has a responsibility to ensure that all of its citizens are treated equally, fairly, and justly before the law; and WHEREAS, Black Lives Matter; NOW THEREFORE, BE IT RESOLVED, that the Common Council adopts the following plan…. President Pro Tem Kimbrough referred Resolution 26.31.21R to Public Safety Committee for further consideration Council Member Kimbrough, Love, and Robinson noticed the introduction of Resolution as follows, which was held for further consideration: RESOLUTION NUMBER 27.31.21R RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF ALBANY HONORING THE LIFE AND LEGACY OF WARREN ADRIAN MACKEY AND RENAMING A PART OF LIVINGSTON AVENUE IN HIS HONOR 9 WHEREAS, On Monday, February 1, 2021, Warren Adrian Mackey (age 54), peacefully passed away after a long battle with heart disease; and WHEREAS Warren was born on April 15, 1966, in Albany, New York. He was one of seven children born to the late Reverend Zeddie Mackey and the late Jeanette McCoy Mackey (Hackett). Warren loved his mother and father and would share childhood memories fondly of their parental influence. His dad instilled in him his charisma and personality and in his later years, he was greatly influenced by his "Uncle Bennie," who took Warren under his wing introducing him to people around Albany where Warren learned to appreciate the value of “better to know them and not need them; then to need them and not know them”; and WHEREAS, Warren attended Albany & Greenwood High School, graduating in 1984. He attended Green Mountain College in Vermont, where he played basketball and earned his bachelor's degree; and WHEREAS, Warren accepted Christ at an early age at the Sweet Pilgrim Missionary Baptist Church, Albany, NY, under the late Reverend William Roland, Pastor, and his grandfather Reverend Charlie E McCoy beginning his service unto the Lord, specifically in music ministry. He was baptized at the age of 10 years old and united with the Union Missionary Baptist Church under the Late Reverend Louis C. Brewer pastorate. There, he continued to utilize his musical gifts under the late Thelma M. Coleman, Musician; and WHEREAS, In 1984, Warren united with the Metropolitan NTM Baptist Church under the late Reverend Dr. Earnest E. Drake's pastoral leadership. Warren was a long-standing member of church active in the Metropolitan Church Choir and served as President. He was also a member of the Male Chorus, serving as their President on the Praise Team and DPJ Choir; and WHEREAS, Warren served in the Laymen's ministry at Metropolitan and the Central Hudson Baptist Association Laymen and the Empire Baptist Missionary Convention of New York Laymen's auxiliary. His fundraising efforts brought in the most amount of money across the State of New York, earning him the crown "King."; and WHEREAS, Warren enjoyed serving on the Pastor's Aide committee and was instrumental in bringing accomplished gospel artists to perform at Pastor Johnson's pre-anniversary musical services. He was also a member of the Edna L. Hamilton Global Missions Ministry at Metropolitan and played a significant role in making the annual Thanksgiving baskets. He was on Metropolitans' bowling league for many years. On Mother's Day, Warren would give flowers to all the church mothers that have been a significant influence in his life. He also shared his wisdom and knowledge with many of the younger generations in the church. He was affectionately known as "Uncle Warren." Many of them today contribute their success to the direction and guidance he instilled in them; and WHEREAS, He was a very popular and sought-after soloist. He sang at weddings, homegoing services, bar mitzvahs, Christian programs, and more. Although his health was failing, Warren did not let that stop him from using his anointing gift to encourage someone. He went to hospitals, nursing homes, colleges, and civic events. Whenever asked, Warren would go often accompanied by one of his very best friends and the Minister of Music at Mt. Pleasant Missionary Baptist Church, Dennis L. Edney. Warren used his vocal gift to help lead souls to Christ. Singing was Warren's testimony on how Christ blessed his life. He would stand flatfooted, twisting his ring, and with tears streaming down his face, he would sing "Stand," "My soul is Anchored in the Lord," "Jesus You're the Center of My Joy," and other crowd favorites; and WHEREAS, Warren served as an Assistant Varsity Basketball Coach from 2012-2018 at Green Tech Charter High School. In 2014 he helped Green Tech advance to the Regional finals and ultimately become the Section II New York State Basketball Champions. In 2017 & 2018, he served as the head freshman basketball coach. He assisted with sending dozens of student-athletes to college for academics and sports. He led the way to raise millions of scholarship awards for many. Warren would bring Green Tech students to assist Metropolitan in their Thanksgiving basket giveaway and the community's food 10 distributions. To this day, students are thankful to him for leading their young lives to a better future. He also coached the EMBC Jr. Layman’s basketball team and won the state championship. He was also a Black and Latino Achiever himself and then became a mentor; and WHEREAS, Lovingly referred to as "Mayor" of Albany (and Aruba, his 'second home') due to his popularity, Warren never met a stranger that he could not turn into a friend. He made friends wherever he went; and WHEREAS, Warren's hobbies included golf, bowling, fishing, playing cards (especially Bid Whist and Spanish 21). He was an avid Pittsburg Steelers fan, loved entertaining people, and would invite family and friends for card games and cookouts. He would organize Cape Cod or New Bedford fishing trips with both Metropolitan and Macedonia Churches. He was actively involved with Schenectady Community Fathers, a support group for men in the community; and WHEREAS, Warren loved life and laughter. No matter where he was, he would tell jokes and laugh loud. His family would travel extensively through Marriott Vacation Clubs, where he met Chris Roberts and Makeba Payton. They became very close friends traveling yearly together for ten years of shared April birthday celebrations, Fourth of July, and Makayla's August birthday. No matter where they traveled, evenings out often involved Warren joining in with a local live band where he especially enjoyed singing Frank Sinatra's music. He would captivate any crowd with his tenor melodies; and WHEREAS, Warren's loving spirit, charm, jokes, and that uniquely contagious laughter, his presence, impact, and voice in the community, especially the community of faith are truly missed; and NOW THEREFORE, BE IT RESOLVED, that the Common Council of the City of Albany sends their condolences to his family and that the Clerk of the Common Council is to send an embossed copy of this resolution to his wife, Denyse Mackey and children; and BE IT FINALLY RESOLVED, that Livingtson Avenue between Lark Street and North Swan Street, shall be renamed in his Honor. President Pro Tem Kimbrough referred Resolution 27.31.21 to General Services, Health and Environment for further consideration President Pro Temp Kimbrough made a motion to add Resolution 28.31.21 by Majority Consent which was duly seconded by Councilman O’Brien. There being no further discussion the motion was adopted by voice vote. Council Member Conti noticed the introduction of Resolution as follows, requested passage, and a vote thereon: RESOLUTION NUMBER 28.31.21R (MC) RESOLUTION OF THE COMMON COUNCIL COMMEMORATING AND RECOGNIZING THE 5OTH ANNIVERSARY OF THE STATEWIDE MARCH ON ALBANY FOR GAY AND LESBIAN RIGHTS WHEREAS on March 14, 1971 Gay Liberation groups from throughout New York State marched on Albany in the first statewide march on a State Capital for Gay and Lesbian human rights; and WHEREAS this march was fueled by the political activism that grew out of the Stonewall Uprising of 1969 and the Christopher Street Liberation Day March of 1970; and 11 WHEREAS there were enough political groups in New York State to muster a statewide march of approximately 3,000 individuals in 1971 with participants coming from all corners of New York State; and WHEREAS among the sponsoring organizations was the Tri-Cities Gay Liberation Front of Albany-Troy-Schenectady, which was a forerunner of the Capital District Gay and Lesbian Community Council known today as The Pride Center of the Capital Region; and WHEREAS the demands of the marchers were repeal of state consensual sodomy, solicitation, loitering and cross-dressing laws and enactment of non-discrimination protections in employment and housing; and WHEREAS before the March even began, participants were met with a number of threatening phone calls including threats of physical violence; and WHEREAS a bus full of marchers was turned away from a Thruway rest stop because they made patrons at the stop “uptight” causing the State Police to tell the bus driver that it would be a “good idea” for their own safety not to make any more stops until they reached Albany; and WHEREAS among the hospitality they found in Albany was from the First Unitarian Society of Albany which hosted a dance and open house the Saturday before the event; and WHEREAS in the words of the late LGBTQ activist Jim Owles in his speech at the rally: “We’re here to shake them up … to demand an immediate end to all oppressive laws against all gays and full and equal treatment and the same rights guaranteed to every minority.”; and WHEREAS these early pioneers persevered in bringing their demands for equality to the State Capitol making this march a significant page in the history of the modern LGBTQ human rights movement and according the City of Albany a prominent role; NOW, THEREFORE, BE IT RESOLVED that the Common Council does recognize and commemorate this seminal event on the occasion of its 50th Anniversary and recommits itself to equality and fair treatment for all residents of the City of Albany; and BE IT FINALLY RESOLVED that the Common Council requests that the Mayor cause to be flown from City Hall the LGBTQ Pride flags in recognition of this event for the 50 th Anniversary weekend from Friday, March 12 through Sunday March 14, 2021. *Council member(s) Conti spoke on the Resolution prior to passage. Resolution 28.31.21(MC) was co-sponsored by Anane, Balarin, Doesschate, Fahey, Farrell, Frederick, Hoey, Igoe, Kimbrough, O’Brien, and Robinson There being no further discussion, President Ellis called for a voice vote thereon and the Resolution was ADOPTED: Affirmative – Anane, Balarin, Conti, Doesschate, Fahey, Farrell, Frederick, Hoey, Igoe, Johnson, Kimbrough, Love, O’Brien, and Robinson Affirmative 14 Negative 0 Abstain 0 12 President Pro Tem Kimbrough held the pending Resolutions 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 approximate 8:41pm. DANIELLE GILLESPIE City Clerk of the City of Albany and Clerk to the Common Council 13

Agenda

AGENDA FOR THE REGULAR MEETING OF THE ALBANY COMMON COUNCIL Monday, March 1, 2021 The Common Council meets the first and third Monday of each month at 7:00 p.m. (note: when Monday falls on a legal holiday or day of special observance, the Council meeting is ordinarily moved to the following Thursday). This meeting will be held following Governor Cuomo’s Executive Order 202.1. If executive order 202.1 expires before the meeting, this will be an in- person meeting in City Hall, please check our website and Facebook for updates. It will be live- streamed on Facebook using Zoom as the meeting platform. If we experience any technical difficulties on Facebook, the video will be streamed to YouTube. For more information on how to be heard please visit our website. ORDER OF BUSINESS: Roll Call Welcome Pledge of Allegiance Moment of Silence Public Hearings Public Comment Period (30 Minutes) Approval of Minutes from Previous Meeting Consideration of Local Laws Communications from the Mayor, Department Heads and other City officials Consideration of Vetoes Presentation of Petitions and Communications Reports of Standing Committees Reports of Ad Hoc Committees Consideration of Ordinances Consideration of Resolutions Additional Public Comment (30 minutes) Miscellaneous or Unfinished Business Adjournment The Common Council of the City of Albany is using the Zoom© platform to provide the public access to participate in committee meetings, caucuses, and common council meetings. The Common Council, its agents, nor any of its staff are responsible for the performance of Zoom© or your ability to access the content. Please make sure you visit Zoom’s support to confirm that you have the appropriate system requirements at https://support.zoom.us/hc/en-us/articles/201 LOCAL LAWS INTRODUCED C OF 2021 A LOCAL LAW AMENDING ARTICLE VIIB (ALBANY POLICE DEPARTMENT INTERACTIONS) OF PART 1 (DEPARTMENT OF POLICE) OF CHAPTER 42 (DEPARTMENTS AND COMMISSIONS) OF PART I (ADMINISTRATIVE LEGISLATION) OF THE ALBANY CITY CODE WITH REGARD TO THE USE OF CHEMICAL WEAPONS AND KINETIC ENERGY MUNITIONS ON CIVILIAN POPULATIONS LOCAL LAWS HELD 1. Conti LOCAL LAW F - 2019 A LOCAL LAW REPEALING CHAPTER 54 (FINANCIAL DISCLOSURE) OF THE CODE OF THE CITY OF ALBANY AND ENACTING A NEW CHAPTER 54 ENTITLED “ETHICS LAW OF THE CITY OF ALBANY” IN RELATION TO ETHICS AND FINANCIAL DISCLOSURE *Referred to Council Operations and Ethics 2. Conti, Anane, Farrell, Frederick, Hoey, Kimbrough, Balarin, Johnson, Love, O’Brien & Robinson with the support of Council President Ellis LOCAL LAW J – 2020 As Amended A LOCAL LAW AMENDING ARTICLE XLIV (GENERAL PROVISIONS) OF PART 33 (COMMUNITY POLICE REVIEW BOARD) OF CHAPTER 42 (DEPARTMENTS AND COMMISSIONS) OF PART I OF THE CODE OF THE CITY OF ALBANY IN RELATION TO THE OPERATION OF THE CPRB 3. Love LOCAL LAW L - 2020 A LOCAL LAW AMENDING THE CHARTER OF THE CITY OF ALBANY IN REGARD TO RESIDENCY REQUIREMENTS OF COMMON COUNCIL MEMBERS *Referred to Council Operations and Ethics 4. Conti, Fahey & Doesschate LOCAL LAW M – 2020 As Amended 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 THE JURISDICTION OF THE HISTORIC RESOURCES COMMISSION TO REVIEW EMERGENCY ACTIONS RELATING TO LANDMARKS OR PROPERTY WITHIN HISTORIC DISTRICTS AND FURTHER PROVIDING FOR A REPORT ON EMERGENCY DEMOLITION AND STATBILIZATION PROCEDURES 5. Conti LOCAL LAW A - 2021 A LOCAL LAW AMENDING SECTION 202 (CONTINUOUS TERMS) OF ARTICLE 2 (ELECTIVE OFFICERS) OF THE CHARTER OF THE CITY OF ALBANY TO PROVIDE FOR NONPARTISAN ELECTIONS *Referred to Council Operations and Ethics ORDINANCES INTRODUCED 4.31.21 AN ORDINANCE AMENDING CHAPTER 371 (WATER AND WATERWAYS) AND PART 7 (DEPARTMENT OF WATER AND WATER SUPPLY) OF CHAPTER 42 (DEPARTMENTS AND COMMISSIONS) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO LEAD PIPES ORDINANCES HELD 1. Anane Ordinance Number 34.101.18 AN ORDINANCE AMENDING CHAPTER 359 (VEHICLES AND TRAFFIC OF THE CODE OF THE CITY OF ALBANY” IN RELATION TO SPECIAL EVENT PARKING *Referred to Law, Buildings and Code Enforcement 2. Conti & Anane Ordinance Number 2.12.19 AN ORDINANCE AMENDING ARTICLE II (TRAFFIC REGULATIONS) OF CHAPTER 359 (VEHICLE AND TRAFFIC) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO MARKINGS FOR FIRE HYDRANTS *Referred to Law, Buildings and Code Enforcement 3. Flynn Ordinance Number 12.62.19 AN ORDINANCE AMENDING ARTICLE III (TOW-TRUCK OWNERS AND OPERATORS) OF CHAPTER 353 (VEHICLES FOR HIRE) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO THE MAXIMUM TOWING CHARGE PERMITTED *Referred to Law, Buildings and Code Enforcement 4. Fahey Ordinance Number 16.81.19 (MC) AN ORDINANCE AMENDING CHAPTER 375-3 (USE REGULATIONS) OF THE CODE OF THE CITY OF ALBANY (UNIFIED SUSTAINABLE DEVELOPMENT ORDINANCE) IN ORDER TO CLARIFY THE APPROVAL PROCESS FOR TELECOMMUNICATIONS INSTALLATIONS *Referred to Planning, Economic Development and Land Use 5. Fahey Ordinance Number 1.21.20 AN ORDINANCE REPEALING CHAPTER 303 (SIDEWALK AND OUTDOOR CAFES) OF THE CODE OF THE CITY OF ALBANY *Referred to Planning, Economic Development and Land Use Ordinance Number 6. Kimbrough 11.61.20 AN ORDINANCE AMENDING CHAPTER 375 (CITY OF ALBANY UNIFIED SUSTAINABLE DEVELOPMENT ORDINANCE OF THE CODE OF THE CITY OF ALBANY IN RELATION TO PARKING LOTS IN MU-CU ZONE DISTRICTS *Referred to Planning, Economic Development and Land Use Ordinance Number 7. Anane 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 *Referred to General Service, Health and Environment Ordinance Number 8. Frederick 15.81.20 AN ORDINANCE AMENDING PART II OF THE CODE OF THE CITY OF ALBANY (GENERAL LEGISLATION) BY ENACTING A NEW CHAPTER 325 TITLED SURVEILLANCE TECHNOLOGY *Referred to Public Safety 9. Conti, Fahey and Doesschate Ordinance Number 21.92.20 As Amended 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 RELATING TO LANDMARKS OR PROPERTY IN HISTORIC DISTRICTS Ordinance Number 43.112.20 10. Conti (MC) AN ORDINANCE AMENDNING ARTICLE XLVI (GENERAL PROVISIONS) OF PART 35 (BOARD OF ZONING APPEALS) OF CHAPTER 42 (DEPARTMENTS AND COMMISSIONS) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO CONFORMING THE SIZE OF THE SIZE OF THE BOARD OF ZONING APPEALS WITH THE NYS GENERAL CITY LAW) *Referred to Planning, Economic Development and Land Use 11. Frederick Ordinance Number 44.122.20 AN ORDINANCE AUTHORIZING AND DIRECTING THE CLOSING OF SCOTT STREET IN THE CITY OF ALBANY, NEW YORK *Referred to Finance, Assessment and Taxation 12. Frederick Ordinance Number 45.122.20 AN ORDINANCE OF THE COMMON COUNCIL AUTHORIZING THE SALE OF SCOTT STREET IN THE CITY OF ALBANY, NEW YORK TO SOUTH END DEVELOPMENT, LLC *Referred to Finance, Assessment and Taxation 13. Planning Ordinance Number 46.122.20 AN ORDINANCE AMENDING CHAPTER 375 (UNIFIED SUSTAINABLE DEVELOPMENT ORDINANCE) OF THE CODE OF THE CITY OF ALBANY BY RENUMBERING SUCH CHAPTER *Referred to Planning, Economic Development and Land Use 14. O’Brien Ordinance Number 3.12.21 AN ORDINANCE AMENDING CHAPTER 375 (UNIFIED SUSTAINABLE DEVELOPMENT ORDINANCE) OF THE CODE OF THE CITY OF ALBANY CLARIFYING VEGETATIVE COVERAGE IN RELATION TO NON-APPLICABILITY TO GREEN ROOFS *Referred to Planning, Economic Development and Land Use RESOLUTIONS INTRODUCED 22.31.21R A RESOLUTION OF THE COMMON COUNCIL CONSENTING TO THE CREATION OF A FULL TIME POSITION, WHICH WILL AFFECT A SALARY TOTAL FOR THE 2021 BUDGET (DEPARTMENT OF GENERAL SERVICES) 23.31.21R A RESOLUTION OF THE COMMON COUNCIL CONSENTING TO AN ADJUSTMENT IN SALARY FOR THE 2021 BUDGET (ALBANY POLICE DEPARTMENT) 24.31.21R RESOLUTION OF THE COMMON COUNCIL HONORING VICTOR WALLACE CAIN’S LIFE AND LEGACY, AND HIS CONTRIBUTIONS TO THE CITY OF ALBANY 25.31.21R A RESOLUTION OF THE COMMON COUNCIL CONSENTING TO THE ELIMINATION OF ONE FULL TIME POSITION AND THE CREATION OF ANOTHER, WHICH WILL AFFECT A SALARY TOTAL FOR THE 2021 BUDGET (DEPARTMENT OF RECREATION) 26.31.21R RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF ALBANY IN RELATION TO EXECUTIVE ORDER 203 27.31.21R RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF ALBANY HONORING THE LIFE AND LEGACY OF WARREN ADRIAN MACKEY AND RENAMING A PART OF LIVINGSTON AVENUE IN HIS HONOR RESOLUTIONS HELD Resolution Number 46.62.18R 1. Anane (MC) A RESOLUTION OF THE ALBANY COMMON COUNCIL IN SUPPORT OF THE CITY OF ALBANY WAIVING FEES AGAINST THE NEW YORK STATE POOR PEOPLE’S CAMPAIGN *Referred to Public Safety Resolution Number 2. Anane 25.52.19R RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF ALBANY RECOGNIZING THE IMPORTANCE OF WALKABILITY THROUGHOUT THE CITY AND CALLING ON THE ALBANY POLICE DEPARTMENT’S TRAFFIC SAFETY DIVISION TO ADOPT A POLICY ENSURING THAT PEDESTRIAN SIGNALS ARE AUTOMATICALLY INCLUDED WHENEVER TRAFFIC SIGNALS ARE CHANGED, UPGRADED OR INSTALLED” *Referred to Planning, Economic Development and Land Use 3. Love Resolution Number 42.62.19R RESOLUTION OF THE COMMON COUNCIL RECOGNIZING THE NEED FOR A GREATER EMPHASIS ON SENIOR SERVICES THROUGHOUT THE CITY OF ALBANY 4. Anane Resolution Number 7.21.20R RESOLUTION DECLARING A CLIMATE EMERGENCY AND CALLING FOR AN IMMEDIATE EMERGENCY MOBILIZATION TO RESTORE A SAFE CLIMATE *Referred to Planning, Economic Development and Land Use 5. Conti Resolution Number 23.41.20R RESOLUTION OF THE COMMON COUNCIL ENACTING A HOME RULE MESSAGE TO THE NEW YORK STATE LEGISLATURE REQUESTING THE ENACTMENT OF SENATE BILL NO. 7606 AND ASSEMBLY BILL NO. 9114 ENTITLED: “AN ACT TO AMEND THE VEHICLE AND TRAFFIC LAW, IN RELATION TO THE RESIDENTIAL PERMIT PARKING SYSTEM IN THE CITY OF ALBANY; AND TO AMEND CHAPTER 454 OF THE LAWS OF 2010 AMENDING THE VEHILCE AND TRAFFIC LAW RELATING TO AUTHORIZING A PILOT RESIDENTIAL PARKING PERMIT SYSTEM IN THE CITY OF ALBANY, IN RELATION TO MAKING SUCH PROVISIONS PERMANENT 6. Anane Resolution Number 95.102.20R RESOLUTION IN SUPPORT OF THE CITY OF ALBANY MAKING ELECTION DAY A PAID HOLIDAY *Referred to Finance, Assessment and Taxation 7. Kimbrough with the Support of President Ellis Resolution Number 102.111.20R A RESOLUTION HONORING THE LIFE AND LEGACY OF EDWIN H. SPERBER AND NAMING A PORTION OF ERIE BOULEVARD AS “EDWIN H. SPERBER WAY”” *Referred to General Service, Health and Environment 8. Finance Resolution Number 13.21.21R A RESOLUTION OF THE COMMON COUNCIL CONSENTING TO THE ELIMINATION OF ONE FULL TIME POSITION AND THE CREATION OF ANOTHER, WHICH WILL AFFECT A SALARY TOTAL FOR THE 2021 BUDGET (OFFICE OF HUMAN RESOURCES)* Referred to Finance, Assessment and Taxation 9. Planning Resolution Number 18.22.21R RESOLUTION OF THE COMMON COUNCIL CONFIRMING THE REAPPOINTMENT OF JEFFREY SPERRY AS A MEMBER AND THE CHAIRPERSON OF THE ALBANY PARKING AUTHORITY *Referred to Planning, Economic Development and Land Use

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