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Common Council Caucus & Regular Meeting

Regular Meeting

Albany, NY · September 27, 2023

AgendaMinutes

Minutes

MINUTES OF CAUCUS Wednesday, September 27th, 2023 The Common Council was convened at 6:47 p.m. in the Council Chambers on the Second Floor of City Hall, 24 Eagle Street, and was called to order by President Pro Tempore Kimbrough. It livestreamed on YouTube and Facebook. Members Present: Balarin, Farrell, Frederick, Hoey, Johnson, Keegan, Kimbrough, and Robinson Staff Present: Shaniqua Jackson (Acting City Clerk), Brett Williams (Corporation Counsel), Jake Eisland (Research Counsel), Max Thierry (Junior Policy Analyst), and Juliette Geraghty (Junior Legislative Aide) Speakers: Dr. Elizabeth Whalen (Commissioner of Albany County Department of Health), Dr. Katie Rothas (Dentist with Whitney Young) Discussion/Questions:  Council Member Hoey spoke on water fluoridation and introduced Dr. Whalen, the Commissioner of the Albany County Department of Health.  Dr. Whalen introduced Dr. Rothas, a dentist with Whitney Young Health.  Dr. Whalen presented on the benefits of water fluoridation, including prevention of tooth decay, reduced dental costs, benefits to children’s ability to learn, improved quality of life in older adults, and promoting health equity.  Dr. Rothas thanked the Council for inviting them and spoke on her experiences with treating children who have not had access to fluorinated water.  Council Member Balarin asked the presenters why it has taken this long to fluorinate the water, to which Dr. Whalen responded that it has been highly politicized and that there has been the spread of misinformation.  Council Member Balarin spoke in support of water fluoridation.  Council Member Balarin further spoke on the high expenses of dental care, to which Dr. Whalen responded, expanding on the financial and developmental costs of tooth decay in children.  Dr. Rothas and Dr. Whalen spoke on the lack of access to dental care in the area.  Council Member Frederick thanked the speakers and asked about the arguments made by those who are against fluorinated water, to which Dr. Whalen responded about the use of evidence that is based on outdated studies and scare tactics.  Council Member Frederick asked about the stance of the Albany Water Department, to which Council Member Hoey responded that Mayor Sheehan and Water Commissioner Joe Coffey are in support.  Council Member Robinson asked about the levels of naturally occurring fluoride in our water supply, to which Dr. Whalen responded about the process of adding fluoride to the water. o Dr. Rothas expanded and explained that there is not a significant level of naturally occurring fluoride in our water.  Council Member Robinson asked about whether there had been any research into how this would affect health disparities within Albany neighborhoods, to which Dr. Whalen responded that there has been research into how this would affect health disparities, although not specific to Albany neighborhoods.  Council Member Johnson spoke on Whitney Young providing dental services at Giffen Memorial Elementary School. o Dr. Rothas responded that they would be bringing back the Dental Van program this year.  Council Member Farrell spoke on how the positive impacts of fluoridation outweigh the risks of over-fluoridation.  President Pro Temp Kimbrough thanked Dr. Whalen and Dr. Rothas for attending and speaking to the Council.  The agenda for the October 2nd, 2023 regular meeting was discussed. o Council Member Hoey spoke on Resolution 99.101.23R, supporting the preservation of the Burdett Birth Center of Samaritan Hospital in Troy. o Council President Ellis spoke in support of Resolution 99.101.23R and of local health centers. o Council Member Keegan spoke about the increased travel distances many birthing parents would face if Burdett were to close. o President Pro Temp Kimbrough asked council members if they would like to cosponsor Resolution 99.101.23R. o Council Member Hoey spoke on his position that health care should not be conducted for profit. o President Pro Temp Kimbrough continued to speak about the resolutions that will be introduced. o Council Member Keegan asked about the difference between the two resolutions regarding Indigenous People’s Day, to which Research Counsel Jake Eisland responded. o Council Member Frederick asked about whether a resolution similar to Resolution 103.101.23R has been passed in previous years, to which Research Counsel Jake Eisland responded. o Council Member Hoey spoke on concerns he has received about the legislation regarding Columbus Day/Indigenous Peoples’ Day. o President Pro Temp Kimbrough spoke on how it is the Council’s responsibility to be a part of the difficult conversations and decision-making. o Council Member Hoey spoke on the history of Christopher Columbus and of Columbus Day as a holiday. o Council Member Johnson spoke on the importance of historical figures being held accountable for their actions. o Council Member Farrell spoke on the importance of recognizing the history of Columbus Day as a holiday as well as the oppression of Indigenous peoples. o Council Member Farrell further suggested including language in the resolution that recognizes Italian heritage. o Council Member Balarin spoke on the colonization of the Americas and its impact on our history. o Council Member Balarin further spoke on his goal to find a compromise recognizing both the contributions of Italians and Indigenous peoples. o Council Member Keegan spoke on research of the history Christopher Columbus and agreed with Council Member Farrell’s suggestion of adding language into the resolution that explains why Columbus Day is important to Italian Americans. o Council Member Robinson spoke on people’s celebration in America often being rooted in other people’s oppression. o President Pro Temp Kimbrough spoke on the remainder of the agenda. There being no further business, the President Pro Tempore called for a motion to adjourn. Council Member Hoey moved to adjourn, seconded by Council Member Farrell, and the caucus/work session was adjourned at 7:11 PM. Link to meeting recording: https://www.youtube.com/watch?v=T0MS87gdfX0 Respectfully submitted, Juliette Geraghty Junior Legislative Aide

Agenda

AGENDA FOR THE REGULAR MEETING OF THE ALBANY COMMON COUNCIL Monday, October 2, 2023 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 in the Common Council Chambers in City Hall and live streamed on Facebook. 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. If you wish to speak during the meeting or provide written comments, they must be received by 12noon on the day of the meeting. All comments are memorialized on our Facebook page, website, and are subject to FOIL. ORDER OF BUSINESS: Roll Call Welcome Pledge of Allegiance Moment of Silence Public Hearings Public Comment Period (30 Minutes) Approval of Minutes from Previous Meetings 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 Page 1 of 9 NOTICE OF PUBLIC HEARING Notice is hereby given that a Common Council Public Hearing will be held on October 2nd, 2023 at 7:00PM and will be held in advance of the potential passage of the following ordinance. This meeting will be an in-person meeting in the Common Council Chambers, City Hall and will be held on the following matter: ORDINANCE 29.71.23 (As Amended 9/18/2023) , Sponsored by Council Member Balarin AN ORDINANCE AMENDING CHAPTER 375 (UNIFIED SUSTAINABLE DEVLEOPMENT ORDINANCE) OF THE CODE OF THE CITY OF ALBANY ESTABLISHING STANDARDS FOR CANNABIS DISPENSARIES AND CONSUMPTION SITES Documents may be inspected between the hours of 8:30 AM and 5:00 PM, Monday through Friday, in the office of the Common Council, 24 Eagle St, Rm 206, Albany, NY 12207. Efforts will also be made to make application documents available for viewing online at: https://www.albanyny.gov/2187/Albany-Common-Council This public hearing is being held pursuant to guidelines established in the Open Meetings Law and anyone wishing to be heard can submit written comments (commoncouncil@albanyny.gov) or provide in-person testimony on three ordinances before the Common Council for consideration. The Public Hearing will be livestreamed to our YouTube© page: https://www.youtube.com/@albanycommoncouncil5666 We encourage all interested parties to submit written comments by 12 noon on October 2nd, 2023. Anyone wishing to be heard will have an opportunity to do so at the above stated time and location. Shaniqua Jackson Acting City Clerk Page 2 of 9 Local Laws Held 1 Johnson C of 2022 A LOCAL LAW AMENDING CHAPTER 42 (DEPARTMENTS AND COMMISSIONS) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO CREATING A PUBLIC SAFETY COMMISSION *Referred to the Public Safety Committee* 2 Planning G of 2022 A LOCAL LAW AMENDING PART 4 (HISTORIC RESOURCES COMMISSION), PART 13 (PLANNING BOARD OF CITY OF ALBANY), AND PART 35 (BOARD OF ZONING APPEALS) OF CHAPTER 42 (DEPARTMENTS AND COMMISSIONS) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO REDUCING THE SIZE OF THE HISTORIC RESOURCES COMMISSION AND AUTHORIZING THE APPOINTMENT OF ALTERNATE MEMBERS TO THE HISTORIC RESOURCES COMMISSION, CITY PLANNING BOARD, AND BOARD OF ZONING APPEALS *Referred to the Planning, Economic Development & Land Use Committee* 3 Romero I of 2022 A LOCAL LAW CREATING A COMMUNITY COMMISSION TO STUDY THE ENACTMENT OF REPARATIONS REMEDIES RELATED TO THE SALE OF CANNABIS IN THE CITY OF ALBANY *Referred to the Joint Finance and Human Rights Committee Committee* 4 Romero J of 2022 A LOCAL LAW AMENDING ARTICLE VIIB (ALBANY POLICE DEPARMENT INTERACTIONS) OF PART 1 (DEPARTMENT OF POLICE) OF CHAPTER 42 (DEPARTMENTS AND COMMISSION) OF THE CODE OF THE CITY OF ALBANY IN REALTION TO PROHIBITING THE ALBANY POLICE DEPARMENT FROM PURCHASING, STOCKPILING, AND USING KINETIC ENERGY MUNITIONS *Referred to the Public Safety Committee* 5 Romero K of 2022 A LOCAL LAW AMENDING ARTICLE VIIB (ALBANY POLICE DEPARMENT INTERACTIONS) OF PART 1 (DEPARTMENT OF POLICE) OF CHAPTER 42 (DEPARTMENTS AND COMMISSION) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO PROHIBITING THE ALBANY POLICE DEPARMENT FROM PURCHASING, STOCKPILING, AND USING CHEMICAL WEAPONS *Referred to the Public Safety Committee* 6 Kimbrough L of 2022 A LOCAL LAW AMENDING ARTICLE VIIB (ALBANY POLICE DEPARTMENT INTERACTIONS) OF PART 1 (DEPARTMENT OF POLICE) OF CHAPTER 42 (DEPARTMENTS AND COMMISSIONS) OF THE CODE OF THE CITY OF ALBANY WITH REGARD TO THE USE OF CHEMICAL WEAPONS AND KINETIC ENERGY MUNITIONS ON CIVILIAN POPULATIONS *Referred to the Public Safety Committee* 7 Zamer M of 2022 A LOCAL LAW AMENDING CHAPTER 359 (VEHICLES AND TRAFFIC) REDUCING THE SPEED LIMIT OF THE CITY OF ALBANY FROM 30 TO 25 MILES PER HOUR *Referred to the Public Safety Committee* Page 3 of 9 Local Laws Held 8 Anane D of 2023 A LOCAL LAW AMENDING SECTION 5 OF LOCAL LAW 1-2016 IN RELATION TO THE EXPIRATION THEREOF *Referred to the Law, Buildings & Code Enforcement Committee* 9 Keegan E of 2023 A LOCAL LAW AMENDING CHAPTER 255 (PEACE AND GOOD ORDER) OF THE CODE OF THE CITY OF ALBANY BY ADDING THERETO A NEW ARTICLE XI TO BE ENTITLED “HARASSMENT OF A CODE ENFORCEMENT OFFICER, PUBLIC SERVICE OFFICER, OR TRAFFIC SAFETY AIDE” *Referred to the Law, Buildings & Code Enforcement Committee* 10 Adams F of 2023 A LOCAL LAW AMENDING PART 4 (RESIDENTIAL OCCUPANCY PERMIT AND RENTAL DWELLING REGISTRY) OF CHAPTER 231 (HOUSING) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO REQUIRING SUCH PERMITS FOR SHORT-TERM RENTAL DWELLING UNITS *Referred to the Law, Buildings & Code Enforcement Committee* 11 Zamer H of 2023 A LOCAL LAW AMENDING CHAPTER 42 (DEPARTMENTS AND COMMISSIONS) OF THE CODE OF THE CITY OF ALBANY BY ADDING A NEW PART 41 THERETO CREATING THE CITY OF ALBANY COMMISSION ON MONUMENTS AND PUBLIC ART *Referred to the Law, Buildings & Code Enforcement Committee* Page 4 of 9 Ordinances Introduced 1 Frederick 37.101.23 AN ORDINANCE ADOPTING THE CITY OF ALBANY BUDGET FOR FISCAL YEAR 2024, AS PRESENTED BY THE MAYOR ON SEPTEMBER 29, 2023 2 Romero 38.101.23 AN ORDINANCE AMENDING ARTICLE XII (VEHICLE AND TRAFFIC CONTROLS) OF CHAPTER 359 (VEHICLES AND TRAFFIC) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO PEDESTRIAN SAFETY INFRASTRUCTURE Page 5 of 9 Ordinances Held 1 Farrell 16.72.22 AN ORDINANCE AMENDING ARTICLE I (BICYCLES AND ALL MOTOR VEHICLES) OF CHAPTER 359 (VEHICLES AND TRAFFIC) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO THE REGULATION OF SKATEBOARDING ON SIDEWALKS *Referred to the Law, Buildings & Code Enforcement Committee* 2 Love 19.91.22 AN ORDINANCE AMENDING PART 21 (COMMON COUNCIL) OF CHAPTER 42 (DEPARTMENTS AND COMMISSIONS) OF THE CODE OF THE CITY OF ALBANY ENACTING A SUMMER RECESS IN LEGISLATIVE SESSIONS *Referred to the Council Operations & Ethics Committee* 3 Anane 49.121.22 AN ORDINANCE AMENDING PART 3 (DEPARTMENT OF PUBLIC SAFETY) OF CHAPTER 42 (DEPARTMENTS AND COMMISSIONS) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO POLICE DEPARTMENT REPORTING REQUIREMENTS *Referred to the Public Safety Committee* 4 Anane 5.21.23 AN ORDINANCE AMENDING ARTICLE I (LOITERING; DISTURBANCES; DEFACING PROPERTY) OF CHAPTER 255 (PEACE AND GOOD ORDER) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO SIMPLIFYING THE ENFORCEMENT GUIDELINES FOR LOITERING. *Referred to the Public Safety Committee* 5 Romero 15.41.23 AN ORDINANCE AMENDING ARTICLE V (COMPLETE STREETS) OF CHAPTER 323 (STREETS AND SIDEWALKS) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO PEDESTRIAN SIGNALIZATION AND PEDESTRIAN INTERVALS *Referred to the Law, Buildings & Code Enforcement Committee* 6 Farrell 16.42.23 AN ORDINANCE AMENDING ARTICLE V (UNNECESSARY AND UNUSUAL NOISES) OF CHAPTER 255 (PEACE AND GOOD ORDER) OF THE CODE OF THE CITY OF ALBANY *Referred to the Law, Buildings & Code Enforcement Committee* 7 Kimbrough 26.61.23 AN ORDINANCE AMENDING CHAPTER 48 (EQUAL OPPORTUNITY PROTECTIONS) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO EXPANDING THE SCOPE OF MINORITY AND WOMEN-OWNED AND CONTROLLED BUSINESSES *Referred to the Human Resources & Human Rights Committee* 8 Keegan 28.62.23 AN ORDINANCE AMENDING CHAPTER 313 (SOLID WASTE) OF THE CODE OF THE CITY OF ALBANY BY ADDING A PERMITTING SYSTEM FOR COMMERCIAL HAULERS OF SOLID WASTE *Referred to the General Services, Health & Environment Committee* Page 6 of 9 Ordinances Held 9 Balarin 29.71.23 AN ORDINANCE AMENDING CHAPTER 375 (UNIFIED SUSTAINABLE DEVELOPMENT ORDINANCE) OF THE CODE OF THE CITY OF ALBANY ESTABLISHING STANDARDS FOR CANNABIS DISPENSARIES AND CONSUMPTION SITES *Passed the Planning, Economic Development & Land Use Committee* 10 Balarin 32.81.23 AN ORDINANCE AMENDING SECTION 375-405 (PARKING AND LOADING) OF CHAPTER 375 (UNIFIED SUSTAINABLE DEVELOPMENT ORDINANCE) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO REQUIRING OFF-SITE PARKING FOR THE DURATION OF A PROJECT *Referred to the Planning, Economic Development & Land Use Committee* 11 Adams 33.82.23 AN ORDINANCE AUTHORIZING THE SALE OF CITY-OWNED PARCELS AT 34 IRVING STREET (TAX MAP PARCEL NUMBER 76.40-2-10), 38 IRVING STREET (TAX MAP PARCEL NUMBER 76.40-2-9), AND 181 MYRTLE AVENUE (TAX MAP PARCEL NUMBER 76.40-2-37) TO CAPITAL ROOTS, INC. *Referred to the Finance, Assessment and Taxation Committee* 12 Flynn 34.92.23 AN ORDINANCE AMENDING PART I (ADMINISTRATIVE LEGISLATION) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO PROVIDING DEFRIBRILLATORS IN MUNICIPAL WORKPLACES *Referred to the Law, Buildings & Code Enforcement Committee* 13 Adams 35.92.23 AN ORDINANCE AMENDING ARTICLE XIII (PARKING METERS) OF CHAPTER 359 (VEHICLES AND TRAFFIC) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO RENAMING COLUMBUS DAY TO INDIGINOUS PEOPLES DAY *Referred to the Law, Buildings & Code Enforcement Committee* Page 7 of 9 Resolutions Introduced 1 Hoey 97.101.23R A RESOLUTION OF THE COMMON COUNCIL REAPPOINTING NAIROBI VIVES AS A MEMBER OF THE COMMUNITY POLICE REVIEW BOARD 2 Hoey 98.101.23R A RESOLUTION OF THE COMMON COUNCIL REAPPOINTING PAUL COLLINS- HACKETT AS A MEMBER OF THE COMMUNITY POLICE REVIEW BOARD 3 Hoey 99.101.23R A RESOLUTION OF THE COMMON COUNCIL SUPPORTING THE PRESERVATION OF THE BURDETT BIRTH CENTER OF SAMARITAN HOSPITAL IN TROY 4 Anane 100.101.23R A RESOLUTION OF THE COMMON COUNCIL DECLARING OCTOBER 20, 2023 TO BE COMMUNITY MEDIA DAY IN THE CITY OF ALBANY 5 Kimbrough 101.101.23R A RESOLUTION OF THE COMMON COUNCIL DECLARING THE WEEK OF OCTOBER 2ND THROUGH OCTOBER 6TH, 2023 TO BE DIGITAL INCLUSION WEEK IN THE CITY OF ALBANY 6 Anane 102.101.23R A RESOLUTION OF THE COMMON COUNCIL DECLARING OCTOBER 16, 2023 THROUGH OCTOBER 22, 2023 AS FREE SPEECH WEEK IN THE CITY OF ALBANY 7 Romero 103.101.23R A RESOLUTION OF THE COMMON COUNCIL HONORING OCTOBER 9th 2023 AS INDIGENOUS PEOPLES DAY IN THE CITY OF ALBANY Page 8 of 9 Resolutions Held 1 Hoey 13.21.22R A RESOLUTION OF THE COMMON COUNCIL REQUESTING THE ALBANY WATER BOARD TO FLOURINATE THE WATER OF THE CITY OF ALBANY *Referred to the General Services, Health & Environment Committee* 2 Hoey 14.21.22R A RESOLUTION OF THE COMMON COUNCIL EXPRESSING ITS DESIRE TO CREATE A BIKE/WALKING TRAIL ALONG THE NEW YORK STATE THRUWAY *Referred to the Parks, Recreation & Family Services Committee* 3 Clarke 9.21.23R A RESOLUTION OF THE COMMON COUNCIL HONORING THE LIFE OF BEVERLY BARDEQUEZ AND RENAMING A PORTION OF RAPP ROAD IN HER HONOR *Passed the General Services, Health & Environment Committee* 4 Flynn 88.82.23R A RESOLUTION OF THE COMMON COUNCIL ENCOURAGING THE PUBLIC TO REFRAIN FROM GIVING MONEY DIRECTLY TO INDIVIDUALS SEEKING MONEY FROM OTHERS *Passed the General Services, Health & Environment Committee* 5 Robinson 92.91.23R A RESOLUTION IN ENCOURAGING THE CITY OF ALBANY TO SEEK ENVIRONMENTAL BOND ACT FUNDING FOR THE PATROON CREEK GREENWAY *Referred to the General Services, Health & Environment Committee* 6 Adams 95.92.23R A RESOLUTION OF THE COMMON COUNCIL DECLARING THE SECOND MONDAY IN OCTOBER OF EACH YEAR AS INDIGENOUS PEOPLES' DAY IN ALBANY Page 9 of 9

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