Common Council Caucus & Regular Meeting

1 MINUTES OF A REGULAR MEETING MONDAY, October 4, 2021 The Common Council was convened at 7:00p.m. and was called to order by President Ellis. The roll being called, the following answered to their names: Anane, Balarin, Conti, Doesschate, Fahey, Farrell, Flynn, Frederick, Hoey, Igoe, Johnson, Kimbrough, Love, O’Brien, and Robinson Also present was the following staff: Danielle Gillespie, John-Raphael Pichardo, Brett Williams and Mashaal Bhatti. Council President Ellis led the Pledge of Allegiance. PUBLIC HEARING: The President asked the clerk to read the title of the ordinance for the public hearing: ORDINANCE 5.32.21 AN ORDINANCE AMENDING ARTICLE I (GENERAL PROVISIONS) OF CHAPTER 375 (USDO) OF PART II OF THE CODE OF THE CITY OF ALBANY IN RELATION TO NECESSARY AMENDMENTS There being no one who wished to speak on the ordinance and the President declared the Public Hearing closed. ORDINANCE 11.61.20 (As Amended 09/03/2021 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)  Lillian Moy, 95 Central Ave, Albany, NY, Director of Legal Aid Society of Northeastern New York (Spoke in support of the Ordinance as it falls in their request to build a parking lot to support their needs) There being no more speakers on the ordinance the President declared the Public Hearing closed.  2 ORDINANCE 25.91.21 AN ORDINANCE AMENDING CHAPTER 375 OF THE CODE OF THE CITY OF ALBANY (UNIFIED SUSTAINABLE DEVELOPMENT ORDINANCE) CHANGING THE ZONING CLASSIFICATIONS OF 77, 79, 81, 83, 83.5, AND 85 SHERMAN STREET FROM “TWO FAMILY” (R-2) TO “MIXED-USE COMMUNITY URBAN” (MU-CU) AND AMENDING THE ZONING MAP ACCORDINGLY  Lillian Moy, 95 Central Ave, Albany, NY, Director of Legal Aid Society of Northeastern New York. (Spoke in support the ordinance to better support staff and clients in everyday business)  Council Member O’Brien added to discussion on Ordinance 25.91.21. There being no more speakers on the ordinance the President declared the Public Hearing closed. Public Comment 1. Anita Thayer, 196 Mount Hope Drive, Albany NY, (Spoke against Local Law M and accessibility issues of the October 4, 2021 Common Council meeting) 2. Julian Mostachetti, 41 Morris Street, Albany, on behalf of the Capital District Socialists (Spoke against Local Law M, concerns of process and content of the legislation) 3. Jenann Gregory, Sandalwood Courts, New Scotland Woods (Spoke in support of amendments made to the USDO) Written Comment 1. Miriam Galarza, 5 Norton Street, Albany, NY (Spoke on the need for more Skate Parks in the Capital Region) 2. Nesta Little John, 7 Elm St, Albany, NY (Wrote in opposition to Local Law M for not providing consequences for APD, and in support of a full ban on tear gas) 3. Ava DeSantis, Albany, NY (Wrote in opposition to Local Law M, and in support of a full ban on tear gas) 4. Zheanna Azrael, Albany, NY (Wrote in opposition to Local Law M and in support of a full ban on tear gas) 5. Theresa Maneen, 17 Wood Terrace, Albany, NY (Wrote in regards to needed repair and support for Pickleball courts in Albany) 6. Sam Defaz, Albany, NY (Wrote in opposition to Local Law M, and in support of a full ban on tear gas) 7. Katherine Mules, 335 South Main Ave, Albany NY (Wrote in opposition to Local Law M and on the dangers of tear gas) 8. Jordan Ferraro, 8 S Allen, Albany NY (Wrote against Local Law M and for a full ban of tear gas) 9. Lucy Skidmore, Albany, NY (Wrote against Local Law M and for changes towards a ban on tear gas) There being no additional speakers or written comments for consideration, President Ellis declared the Public Comment Period closed.  3 APPROVAL OF MINUTES President Pro Tem Kimbrough made a motion to approve the minutes of September 20, 2021 meetings of the Council, which was duly seconded by Council Member Hoey, and APPROVED by majority voice vote. CONSIDERATION OF LOCAL LAWS Council Member Igoe noticed Local Law Q (A LOCAL LAW AMENDING CHAPTER 255 (PEACE AND GOOD ORDER) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO UNNECESSARY AND UNUSUAL NOISES AND THE TREATMENT OF SUCH NOISES AS NUISANCES), and asked for its passage on a roll call vote thereon: Council Member Igoe spoke prior to the roll call vote and passage. There being no further discussion, President Ellis called for a roll call vote thereof and the motion was ADOPTED: *Local Law Q was co-sponsored by Council Member(s) Anane, Balarin, Flynn, Kimbrough, and O’Brien The motion passed by the following vote of Council Members present voting in favor thereof: Affirmative – Anane, Balarin, Conti, Doesschate, Fahey, Farrell, Flynn, Frederick, Hoey, Igoe, Johnson, Kimbrough, Love, O’Brien, Robinson Affirmative 15 Negative 0 Abstain 0 President Pro Tem Kimbrough held all the Local Laws on the pending agenda. REPORTS OF STANDING COMMITEES Planning, Land Use and Economic Development Committee: Chair Fahey discussed the held meeting on September 20th. She discussed updates on the schedule, with the next public hearings being on October 18th, and on November 1st. Hopes to have it complete by the first meeting in December on the 6th. Finance Assessment and Taxation: Chair Farrell discussed that the committee will be meeting on Wednesday October 06, 2021 to receive update on the City’s financial position and Federal COVID Relief funds, as well as to take action on Ordinances 26.91.21 and 27.91.21. The meeting on October 7th will include a debt report presentation by Treasurer Darius Shahinfar and a presentation from the Department of Administrative Services. Following this, the meeting on October 13th will feature a presentation by Albany Police Department and Fire Department. Public Safety: Chair Kimbrough reported the Public Safety Committee meeting that occurred on Thursday, September 30th to discuss Local Laws L and M of 2021. Local Law L did not make it out of committee, while Local Law M did without recommendation, pending amendments. He noted that Local Law M will not be coming up for a vote until around December.  4 Human Resources and Human Rights: Chair Robinson reported on the positions opened on the human rights commission, and the extended deadline now on November 1st. He also discussed the terms CONSIDERATION OF ORDINANCES President Pro Tem Kimbrough noticed Ordinance 11.61.20 (As Amended 09/03/2021) As Amended) and asked for its passage in a roll call vote thereof: ORDINANCE. 11.61.20 (As Amended 09/03/2021) 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 The City of Albany, in Common Council convened, does hereby ordain and enact: Section 1. Section 375-302 (Permitted Use Table) of Article III (Use Regulations) of Chapter 375 of the Code of the City of Albany is amended to read as follows: Table 375-1: Permitted Use Table P=Permitted Use | C=Conditional Use | A=Accessory Use | T=Temporary Use | V=Vacant Property Use Special Residential Mixed-Use Purpose Proposed Zoning District R-1L R-1M Use- Specific R-2 R-T R-M R-V MU-NE MU-NC MU-CU MU-CH MU-DT MU-CI MU-FW MU-FC MU-FS Standard in LAND USE MU-FM I-1 I-2 LC Section CATEGORY 375-3 COMMERCIAL USES Vehicles and Equipment A Parking Lot A A A A A A A A A C A A A A A P P A (C)(4)(g)(5) C Section 2. Subparagraph (v) (Parking Lots) of subparagraph (g) (Vehicles and Equipment) of paragraph (4) (Commercial Uses) of section 375-303 (Specific Use Regulations) of Article III (Use Regulations) of Chapter 375 of the Code of the City of Albany is amended by adding new items (B) and (C) to read as follows: B. In those districts where a Conditional Use Permit is required, it shall be only in those cases where the parking lot use is to be established as the principal use of the land. A Conditional Use Permit shall not be required where parking is to be established as an accessory use. C. In the MU-CU zone district, no Conditional Use Permit shall be approved unless it is determined that the proposed parking lot:  5 1. Responds to a demonstrable parking need of the use or uses of a nearby property to be served, as evidenced by factors, including, but not limited to, recent or proposed investment in and improvements to the nearby property that will result in or has resulted in increased tenancy or patronage, and whether the use has otherwise provided the minimum parking required pursuant to Section 375- 405(2)(a) or is anticipated to be used by other nearby properties; 2. The closest lot line for the proposed parking lot is no more than 300 feet from a lot line of the property to be served; 3. The property or properties to be used for the parking lot have been vacant or underutilized for at least five years and have no other immediate prospects for development; 4. For properties with a depth of 100 feet or greater, is designed in such a way that it does not foreclose the possibility of liner buildings being constructed along any street frontages, to the greatest degree practicable; and 5.. Does not result in the demolition of buildings or structures having an economically viable use or reuse, as determined pursuant to the provisions of 375- 505(17) (Demolition Review) or a 375-505(19) Major Certificate of Appropriateness, whichever applies. Section 3. Paragraph (d) (Off-Site Parking) of subsection (3) (Parking Alternatives and Adjustments) of (Parking and Loading) of section 375-405 (Parking and Loading) of Article IV (Development Standards) of Chapter 375 of the Code of the City of Albany is amended to read as follows: (i) In the Mixed-Use zoning districts Where allowed as a permitted or conditional use in Table 375-3-1 (Permitted Use Table), and as an alternative to providing required on-site parking, required parking spaces that are not required to be provided on-site by the Americans with Disabilities Act or state law may be provided at a location with the closest lot line being no more than 300 feet from up to 1,000 feet walking distance from a lot line of the property with the development or redevelopment it serves. (ii) Off-site parking for a nonresidential use shall not be located in a Residential zoning district unless the use for which the parking is provided is a permitted or conditional use in that Residential district. (iii) (ii) The applicant for approval of off-site parking shall provide evidence, at the Chief Planning Official’s request, that the proposed off-site parking location will remain available for the proposed parking use for a period of at least two years. Section 4. This ordinance shall take effect immediately. President Pro Tem Kimbrough moved to withdraw his motion on Ordinance 11.61.20 (As Amended 09/03/2021) seconded by Council Member Hoey and passed by unanimous voice vote.  6 President Pro Tem Kimbrough moved to accept Research Counsel’s recommendation of a Type 1 Action and a Negative Declaration pursuant to the SEQRA review relating to Ordinance 11.61.20 (As Amended 09/03/2021), which was seconded by Hoey and adopted by unanimous voice vote. President Pro Tem Kimbrough noticed Ordinance 11.61.20 (As Amended 09/03/2021) (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) and asked for its passage in a roll call vote thereof: Council Member Hoey spoke prior to the roll call vote and passage. There being no further discussion, President Ellis called for a roll call vote thereof and the motion was ADOPTED: * Ordinance 11.61.20 was co-sponsored by Council Member(s) Doesschate and Fahey. The motion passed by the following vote of 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 Love noticed Ordinance 24.82.21 AN ORDINANCE OF THE COMMON COUNCIL AUTHORIZING THE SALE TO HABITAT FOR HUMANITY CAPITAL DISTRICT OF 188 ORANGE STREET (Tax Map Parcel Number 65.81-6-41) and asked for its passage in a roll call vote thereof There being no further discussion, President Ellis called for a roll call vote thereof and the motion was ADOPTED: *Ordinance 24.82.21 was co-sponsored by Council Member Doesschate The motion passed by the following vote of 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 Present 0 Council Member Love made a motion to accept Research Counsel Pichardo’s recommendation and findings in connection with Ordinance 25.91.21 and the SEQRA review determining it to be unlisted action and the issuance of a negative declaration, which was seconded by Igoe and adopted by unanimous voice vote. Council Member Love noticed Ordinance 25.91.21 (AN ORDINANCE AMENDING CHAPTER 375 OF THE CODE OF THE CITY OF ALBANY (UNIFIED SUSTAINABLE DEVELOPMENT ORDINANCE) CHANGING THE ZONING CLASSIFICATIONS OF 77, 79, 81, 83, 83.5, AND 85 SHERMAN STREET FROM “TWO FAMILY” (R-2) TO  7 “MIXED-USE COMMUNITY URBAN” (MU-CU) AND AMENDING THE ZONING MAP ACCORDINGLY) There being no further discussion, President Ellis called for a roll call vote thereof and the motion was ADOPTED: *Ordinance 25.91.21 was co-sponsored by Council Member(s) Anane and Doesschate. Affirmative –Anane, Balarin, Conti, Doesschate, Fahey, Farrell, Flynn, Frederick, Hoey, Igoe, Johnson, Kimbrough, Love, O’Brien, and Robinson Affirmative 15 Negative 0 Present 0 President Pro Tem Kimbrough held the remaining ordinances on the pending agenda. CONSIDERATION OF RESOLUTIONS Council Member Anane noticed for introduction Resolution Number 76.101.21R and asked for its passage on a roll call vote thereon: RESOLUTION NUMBER 76.101.21R RESOLUTION OF THE COMMON COUNCIL DECLARING OCTOBER 18, 2021 THROUGH OCTOBER 24, 2021 AS FREE SPEECH WEEK IN THE CITY OF ALBANY WHEREAS, our Founding Fathers created and adopted the United States Constitution in 1787, thereby setting forth the supreme law of the United States of America; and WHEREAS, the first ten amendments to the Constitution, written by James Madison to guarantee individual freedoms, were ratified in 1791 and became known collectively as the Bill of Rights; and WHEREAS, the First Amendment states: “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances”; and WHEREAS, freedom of speech is a right guaranteed to all Americans; and WHEREAS, Free Speech Week, a national, annual, non-partisan, commemorative event, takes place during the third full week of October to raise awareness of the importance of free speech and a free press in the United States; and WHEREAS, Free Speech Week is designed to be an inclusive celebration for all Americans, and as such, a wide variety of organizations, schools and individuals across the country will conduct activities and events devoted to free speech topics to mark the week; and  8 WHEREAS, Free Speech Week is also an opportunity to share information with the public and the media as a way of furthering the vision of our Founding Fathers; NOW, THEREFORE BE IT RESOLVED, that the Common Council of the City of Albany, New York, seeks to encourage active participation in Free Speech Week and recognizes the importance of free speech and freedom of the press; and BE IT FURTHER RESOLVED, that the Common Council of the City of Albany declares October 18, 2021 through October 24, 2021 to be Free Speech Week. Council Member O’Brien asked for a point of clarification regarding co-sponsorship prior to the voice vote. Council Member(s) Anane spoke prior to the voice vote and passage. There being no further discussion, President Ellis called for Resolution number 76.101.21R to pass by voice vote and the motion was ADOPTED: *Resolution 76.101.21R was co-sponsored by Council Members Anane, Balarin, Conti, Doesschate, Fahey, Farrell, Flynn, Frederick, Hoey, Igoe, Johnson, Love, Kimbrough, O’Brien and Robinson 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 Anane noticed for introduction Resolution Number 77.101.21R and asked for its passage on a roll call vote thereon: RESOLUTION NUMBER 77.101.21R A RESOLUTION DECLARING OCTOBER 4–8, 2021 DIGITAL INCLUSION WEEK IN THE CITY OF ALBANY WHEREAS, COVID-19 has revealed further inequities in our city, the nation and world and has shown just how important digital knowledge and connectivity is; and WHEREAS, during the COVID-19 pandemic, the City School District of Albany measured the digital divide amongst our students to be upwards of 40%, which has posed a significant challenge; and WHEREAS, in this day and age: computers, internet access, and technology training and support programs have become essential to the new digital economy; and WHEREAS, internet access has played a pivotal role, not just in the City of Albany but around the world, where citizens of totalitarian regimes have used the internet as a way to speak freely to criticize their governments, and report on issues in their countries to the rest of the globe; and  9 WHEREAS, digital knowledge has become a necessary skill in the COVID-19 pandemic and for the future of our nation and City; NOW, THEREFORE, BE IT RESOLVED, that the Common Council of the City of Albany declares October 4-8, 2021 as Digital Inclusion Week; and BE IT FURTHER RESOLVED, that the Common Council encourages all residents to engage in programming and conversation regarding digital inclusion. There being no further discussion, President Ellis called for a voice vote on Resolution 77.101.21R everyone voting in the affirmative, the motion was ADOPTED: *Resolution 77.101.21R was co-sponsored by Council Members Anane, Balarin, Conti, Doesschate, Fahey, Farrell, Flynn, Frederick, Hoey, Igoe, Johnson, Love, Kimbrough, O’Brien and Robinson Affirmative – Anane, Balarin, Conti, Doesschate, Fahey, Farrell, Flynn, Frederick, Hoey, Igoe, Johnson, Kimbrough, Love, O’Brien, Robinson Affirmative 15 Negative 0 Abstain 0 Council Member Anane noticed for introduction Resolution Number 78.101.21R and asked for its passage on a voice vote thereon: RESOLUTION NUMBER 78.101.21R RESOLUTION DECLARING OCTOBER 20, 2021 COMMUNITY MEDIA DAY IN THE CITY OF ALBANY WHEREAS, the sharing of ideas and information helps to build common understanding and common values within a community; and WHEREAS, access to information in today’s media environment is critical for the healthy functioning of our community; and WHEREAS, community media organizations provide a means for diverse communities to tell their stories, hear each other’s stories, and create new stories together; and WHEREAS, community media organizations provide information to the community that is not covered by mainstream commercial media; and WHEREAS, community media organizations provide people with the skills necessary for the creation, sharing and consumption of knowledge and ideas through media; and WHEREAS, community media is an important resource for participating in local democratic policy and processes; and  10 WHEREAS, community media connects community organizations, schools, and local governments to their constituents; and WHEREAS, in many communities, people are not aware of the diverse and valuable programming on public, education, and government access channels or community radio channels; and WHEREAS, communities will benefit from increased general awareness of, viewing audiences for, and creators of media content created by and for the community. NOW, THEREFORE, BE IT RESOLVED, the Common Council of the City of Albany declares October 20, 2021 as Community Media Day in the City of Albany and all people are hereby called upon to promote the importance of community media, training available at Channel Albany and programming available on Spectrum Cable Channels 1301, 1302 and 1303, also known as the Albany Channels; and BE IT FURTHER RESOLVED, the Common Council further finds that Channel Albany Community Media plays a vital role in building our community by encouraging conversations about our common interests, increasing discourse around policy issues, fostering understanding of local cultures and sharing information to improve our lives. There being no further discussion, President Ellis called for a voice vote on Resolution 78.101.21R everyone voted in the affirmative and the motion was ADOPTED: *Resolution 78.101.21R was co-sponsored by Council Member(s) Anane, Balarin, Conti, Doesschate, Fahey, Farrell, Flynn, Frederick, Hoey, Igoe, Johnson, Love, Kimbrough, O’Brien and Robinson Affirmative – Anane, Balarin, Conti, Doesschate, Fahey, Farrell, Flynn, Frederick, Hoey, Igoe, Johnson, Kimbrough, Love, O’Brien, Robinson Affirmative 15 Negative 0 Abstain 0 President Pro Tem Kimbrough noticed for introduction Resolution Number 79.101.21R and asked for its passage on a roll call vote thereon: RESOLUTION NUMBER 79.101.21R RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF ALBANY ESTABLISHING THE CITY OF ALBANY REAPPORTIONMENT COMMISSION IN ACCORDANCE WITH SECTION 406 OF THE CHARTER OF THE CITY OF ALBANY WHEREAS, Section 406 of the Charter of the City of Albany requires the Common Council to appoint a Reapportionment Commission within six months after the publication of each federal decennial census to evaluate existing ward boundaries for equity and representation in relation to the population; and WHEREAS, 2020 Federal Decennial Census data for New York State was published on or about August 12, 2021; and  11 WHEREAS, the Reapportionment Commission is to include City residents in such proportion as to reasonably reflect the demographic composition of the City, together with such other expert and official representatives as shall be deemed necessary and appropriate; and WHEREAS, the Reapportionment Commission shall review the population data from the 2020 Federal Decennial Census and within six months after dissemination of the data make recommendations, if necessary, in the form of a proposed local law as to changes in ward boundaries for the City of Albany; and WHEREAS, in its deliberations the Commission shall consider the application of the “one person, one vote” concept and the equal protection clauses of the Fourteenth Amendment of the United States Constitution and Article I, Sections I and II of the New York State Constitution; and WHEREAS, the Commission shall work to obtain maximum public participation in its deliberations through use of written material, public notices, and public hearings and consider redistricting proposals submitted by other groups; NOW THEREFORE, BE IT RESOLVED, that in accordance with Section 406 of the Charter of the City of Albany, the Common Council does hereby establish a City of Albany Reapportionment Commission to be comprised of nine (9) members appointed by the Common Council. There being no further discussion, President Ellis called for a voice vote on Resolution 79.101.21R everyone voting in the affirmative, the motion was ADOPTED: *Resolution 79.101.21R was co-sponsored by Council Member(s) Anane, Balarin, Conti, Doesschate, Fahey, Farrell, Flynn, Frederick, Hoey, Igoe, Johnson, Love, Kimbrough, O’Brien and Robinson Affirmative – Anane, Balarin, Conti, Doesschate, Fahey, Farrell, Flynn, Frederick, Hoey, Igoe, Johnson, Kimbrough, Love, O’Brien, and Robinson Affirmative 15 Negative 0 Abstain 0 President Pro Tem Kimbrough held the remaining Resolutions on the pending agenda. MISCELLANEOUS AND UNFINISHED BUISNESS Council Member O’Brien spoke on public comment regarding Pickleball and the upcoming dates for Joint Committee. Council Member Conti spoke responded to Anita Thayer’s statements during the public comment period regarding the streaming of the regular meeting. Council Member(s) Igoe and Hoey spoke on addressing turnover rates in the Albany Police Department. Council Member(s) Love, Flynn, Doesschate spoke on Pickleball in Albany. Council Member Igoe and President Pro Tem Kimbrough spoke on turnover rates in Albany Police Department.  12 ADJOURNMENT: There being no further business, President Pro Tem Kimbrough made a motion to adjourn with which was duly seconded and adopted by unanimous voice vote. President Ellis declared the meeting adjourned at approximately 8:06pm. Respectfully submitted by: Mashaal Bhatti, Legislative Aide