1. Agenda Documents: 21 AGENDA 0121 (PDF).PDF 21 AGENDA 0121 - CORRECTED 011321 (PDF).PDF 2. Active Calendar Documents: ACTIVE CALENDAR JANUARY 21, 2021.PDF ACTIVE CALENDAR JANUARY 21, 2021 AMENDED 011321 (PDF).PDF ACTIVE CALENDAR JANUARY 21, 2021 AMENDED 01202021.PDF 3. Supporting Legislation 3.I. Support Legislation Documents: SUPPORT LEGISLATION JANUARY 21, 2021 (PDF).PDF SUPPORT LEGISLATION JANUARY 21, 2021 - CORRECTED 01132021 (PDF).PDF RESOLUTION 12.12.21R (MC) (HOEY) - MURAL AGREEMENT (PDF).PDF SUPPORT LEGISLATION JANUARY 21, 2021 - CORRECTED 01212021 (PDF).PDF RESOLUTION 1.11.21R - FLAG REDESIGN 1.11.21R (UPDATED 1.4.21) (PDF).PDF RESOLUTION 12.12.21R (MC) UPDATED 012021 - MURAL AGREEMENT RESOLUTION -.PDF 4. Minutes 4.I. Minutes Documents: 21 CAUCUS MINUTES 0121 (PDF).PDF 21 MINUTES 0121 (PDF).PDF 21 MINUTES 0121 (PDF).PDF 5. Majority Consent (MC) 6. Supporting Document 7. Public Comment AGENDA FOR THE REGULAR MEETING OF THE ALBANY COMMON COUNCIL Thursday, January 21, 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 January 4, 2021, 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 A of 2020 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 LOCAL LAWS HELD 1. Anane LOCAL LAW G - 2018 A LOCAL LAW AMENDING CHAPTER 42 (DEPARTMENTS AND COMMISSIONS) OF THE CODE OF THE CITY OF ALBANY BY ADDING A NEW PART 39 ENTITLED“ CITY OF ALBANY COMMISSION ON MUNICIPAL INTERNET SERVICE ” AND PROVIDING FOR THE RESPONSIBILITIES OF THE COMMISSION WITH RESPECT TO RESEARCHING THE LOGISTICS AND FINANCING OF A CITY OWNED HIGH SPEED INTERNET SERVICE. AND REQUIRING THE COMMISSION TO MAKE FINDINGS AND RECOMMENDATIONS TO THE MAYOR AND THE COMMON COUNCIL REGARDING THE CREATION OF SUCH INFRASTRUCTURE *Referred to Planning, Economic Development and Land Use 2. 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 3. Conti, Anane, Farrell, Frederick, Hoey, Kimbrough, Balarin, Johnson, Love, O’Brien & Robinson with the support of Council President Ellis LOCAL LAW J - 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 *Referred to Public Safety 4. 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 5. Conti, Fahey & Doesschate 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 *Referred to Planning, Economic Development and Land Use ORDINANCES INTRODUCED 2.12.21 AN ORDINANCE AUTHORIZING THE MAYOR TO APPOINT PAIGE BARNUM TO THE BOARD OF ZONING APPEALS FOR A TERM OF OFFICE OF TWO YEARS 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 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 Ordinance Number 42.112.18 AN ORDINANCE AMENDING CHAPTER 375 (CITY OF ALBANY UNIFIED SUSTAINABLE DEVELOPMENT ORDINANCE) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO NEW CONSTRUCTION IN R-T TOWNHOUSE DISTRICTS *Referred to Planning, Economic Development and Land Use 3. 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 4. 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 5. 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 6. 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 7. Kimbrough Ordinance Number 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 8. Anane Ordinance Number 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 9. Frederick Ordinance Number 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 10. O’Brien Ordinance Number 20.92.20 AN ORDINANCE AMENDING CHAPTER 375 OF THE CODE OF THE CITY OF ALBANY (UNIFIED SUSTAINABLE DEVELOPMENT ORDINANCE) CHANGING THE ZONING CLASSIFICATION OF 1057 WASHINGTON AVENUE AND 1061 WASHINGTON AVENUE FROM “MIXED-USE NEIGHBORHOOD CENTER” (MU-NC) TO RESIDENTIAL “TWO-FAMILY” (R-2) AND AMENDING THE ZONING MAP ACCORDINGLY*Referred to Planning, Economic Development and Land Use 11. Conti, Fahey and Doesschate Ordinance Number 21.92.20 AN ORDINANCE AMENDING ARTICLE IX (BUILDING CONSTRUCTION REGULATION) AND ARTICLE XIA (VACANT BUILDING REGISTRY) OR PART 2 (BUILDING CONSTRUCTION) OF CHAPTER 133 (BUILDING CONSTRUCTION) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO EMERGENCY BUILDING ACTIONS IN HISTORIC DISTRICTS*Referred to Planning, Economic Development and Land Use 12. Conti Ordinance Number 43.112.20 (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 13. 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 14. 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 14. 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 15. Conti Ordinance Number 1.11.21 AN ORDINANCE AMENDING ARTICLE VIII (RESIDENTIAL PERMIT PARKING SYSTEM) OF CHAPTER 359 (VEHICLES AND TRAFFIC) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO ESTABLISHING ZONE BOUNDARIES AND STREETS DESIGNATED AS PERMIT ONLY WITHIN SUCH ZONES RESOLUTIONS INTRODUCED 5.12.21R RESOLUTION OF THE COMMON COUNCIL CONSENTING TO THE REAPPOINTMENT OF CHRISTOPHER ELLIS, JR TO THE CITY OF ALBANY PLANNING BOARD 6.12.21R RESOLUTION OF THE COMMON COUNCIL CONSENTING TO THE REAPPOINTMENT OF MARTIN HULL TO THE CITY OF ALBANY PLANNING BOARD 7.12.21R RESOLUTION OF THE COMMON COUNCIL CONSENTING TO THE REAPPOINTMENT OF MARTIN DALEY TO THE BOARD OF ZONING APPEALS 8.12.21R RESOLUTION OF THE COMMON COUNCIL CONSENTING TO THE REAPPOINTMENT OF RICJA RICE-GHYLL TO THE BOARD OF ZONING APPEALS 9.12.21R RESOLUTION OF THE COMMON COUNCIL CONSENTING TO THE APPOINTMENT OF PAIGE BARNUM TO THE BOARD OF ZONING APPEALS 10.12.21R RESOLUTION OF THE COMMON COUNCIL HONORING THE LIFE AND LEGACY OF HENRY “HANK” LANDAU 11.12.21R RESOLUTION OF THE COMMON COUNCIL ESTABLISHING STANDARD WORK DAYS FOR THE CHIEF CITY AUDITOR AS REQUIRED BY REGULATION 315.4 OF THE NEW YORK STATE COMPTROLLER RESOLUTIONS HELD 1. Anane Resolution Number 46.62.18R (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 2. Anane Resolution Number 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. Kimbrough Resolution Number 4.12.20R A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF ALBANY CALLING ON THE GOVERNOR AND THE NEW YORK STATE LEGISLATURE TO NOT MAKE DRASTIC CUTS TO MEDICAID 5. Fahey Resolution Number 6.21.20R RESOLUTION TO PROMOTE EQUITY IN PEDESTRIAN SAFETY AND MOBILITY BY IMPROVING SNOW AND ICE REMOVAL FROM CITY SIDEWALKS, STREET CROSSINGS AND BUS STOPS *Referred to General Services. Health and Environment 6. 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 7. 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 10 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 8. 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 9. 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 10. Anane Resolution Number 1.11.21R RESOLUTION OF THE COMMON COUNCIL TO AUTHORIZE A COMMISSION TO STUDY CHANGES TO THE FLAG OF THE CITY OF ALBANY *Referred to Council Operations and Ethics 11. Love Resolution Number 2.11.21R RESOLUTION CALLING ON THE NEW YORK STATE LEGISLATURE TO ENACT LEGISLATION THAT WOULD ALLOW ABSENTEE BALLOTS TO BE COUNTED EARLIER *Referred to Council Operations and Ethics AGENDA FOR THE REGULAR MEETING OF THE ALBANY COMMON COUNCIL Thursday, January 21, 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 January 21, 2021, 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 A of 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 LOCAL LAWS HELD 1. Anane LOCAL LAW G - 2018 A LOCAL LAW AMENDING CHAPTER 42 (DEPARTMENTS AND COMMISSIONS) OF THE CODE OF THE CITY OF ALBANY BY ADDING A NEW PART 39 ENTITLED“ CITY OF ALBANY COMMISSION ON MUNICIPAL INTERNET SERVICE ” AND PROVIDING FOR THE RESPONSIBILITIES OF THE COMMISSION WITH RESPECT TO RESEARCHING THE LOGISTICS AND FINANCING OF A CITY OWNED HIGH SPEED INTERNET SERVICE. AND REQUIRING THE COMMISSION TO MAKE FINDINGS AND RECOMMENDATIONS TO THE MAYOR AND THE COMMON COUNCIL REGARDING THE CREATION OF SUCH INFRASTRUCTURE *Referred to Planning, Economic Development and Land Use 2. 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 3. Conti, Anane, Farrell, Frederick, Hoey, Kimbrough, Balarin, Johnson, Love, O’Brien & Robinson with the support of Council President Ellis LOCAL LAW J - 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 *Referred to Public Safety 4. 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 5. Conti, Fahey & Doesschate 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 *Referred to Planning, Economic Development and Land Use ORDINANCES INTRODUCED 2.12.21 AN ORDINANCE AUTHORIZING THE MAYOR TO APPOINT PAIGE BARNUM TO THE BOARD OF ZONING APPEALS FOR A TERM OF OFFICE OF TWO YEARS 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 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 Ordinance Number 42.112.18 AN ORDINANCE AMENDING CHAPTER 375 (CITY OF ALBANY UNIFIED SUSTAINABLE DEVELOPMENT ORDINANCE) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO NEW CONSTRUCTION IN R-T TOWNHOUSE DISTRICTS *Referred to Planning, Economic Development and Land Use 3. 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 4. 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 5. 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 6. 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 7. Kimbrough Ordinance Number 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 8. Anane Ordinance Number 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 9. Frederick Ordinance Number 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 10. O’Brien Ordinance Number 20.92.20 AN ORDINANCE AMENDING CHAPTER 375 OF THE CODE OF THE CITY OF ALBANY (UNIFIED SUSTAINABLE DEVELOPMENT ORDINANCE) CHANGING THE ZONING CLASSIFICATION OF 1057 WASHINGTON AVENUE AND 1061 WASHINGTON AVENUE FROM “MIXED-USE NEIGHBORHOOD CENTER” (MU-NC) TO RESIDENTIAL “TWO-FAMILY” (R-2) AND AMENDING THE ZONING MAP ACCORDINGLY 11. Conti, Fahey and Doesschate Ordinance Number 21.92.20 AN ORDINANCE AMENDING ARTICLE IX (BUILDING CONSTRUCTION REGULATION) AND ARTICLE XIA (VACANT BUILDING REGISTRY) OR PART 2 (BUILDING CONSTRUCTION) OF CHAPTER 133 (BUILDING CONSTRUCTION) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO EMERGENCY BUILDING ACTIONS IN HISTORIC DISTRICTS*Referred to Planning, Economic Development and Land Use 12. Conti Ordinance Number 43.112.20 (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 13. 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 14. 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 15. 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 16. Conti Ordinance Number 1.11.21 AN ORDINANCE AMENDING ARTICLE VIII (RESIDENTIAL PERMIT PARKING SYSTEM) OF CHAPTER 359 (VEHICLES AND TRAFFIC) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO ESTABLISHING ZONE BOUNDARIES AND STREETS DESIGNATED AS PERMIT ONLY WITHIN SUCH ZONES RESOLUTIONS INTRODUCED 5.12.21R RESOLUTION OF THE COMMON COUNCIL CONSENTING TO THE REAPPOINTMENT OF CHRISTOPHER ELLIS, JR TO THE CITY OF ALBANY PLANNING BOARD 6.12.21R RESOLUTION OF THE COMMON COUNCIL CONSENTING TO THE REAPPOINTMENT OF MARTIN HULL TO THE CITY OF ALBANY PLANNING BOARD 7.12.21R RESOLUTION OF THE COMMON COUNCIL CONSENTING TO THE REAPPOINTMENT OF MARTIN DALEY TO THE BOARD OF ZONING APPEALS 8.12.21R RESOLUTION OF THE COMMON COUNCIL CONSENTING TO THE REAPPOINTMENT OF RICJA RICE-GHYLL TO THE BOARD OF ZONING APPEALS 9.12.21R RESOLUTION OF THE COMMON COUNCIL CONSENTING TO THE APPOINTMENT OF PAIGE BARNUM TO THE BOARD OF ZONING APPEALS 10.12.21R RESOLUTION OF THE COMMON COUNCIL HONORING THE LIFE AND LEGACY OF HENRY “HANK” LANDAU 11.12.21R RESOLUTION OF THE COMMON COUNCIL ESTABLISHING STANDARD WORK DAYS FOR THE CHIEF CITY AUDITOR AS REQUIRED BY REGULATION 315.4 OF THE NEW YORK STATE COMPTROLLER RESOLUTIONS HELD 1. Anane Resolution Number 46.62.18R (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 2. Anane Resolution Number 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. Kimbrough Resolution Number 4.12.20R A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF ALBANY CALLING ON THE GOVERNOR AND THE NEW YORK STATE LEGISLATURE TO NOT MAKE DRASTIC CUTS TO MEDICAID 5. Fahey Resolution Number 6.21.20R RESOLUTION TO PROMOTE EQUITY IN PEDESTRIAN SAFETY AND MOBILITY BY IMPROVING SNOW AND ICE REMOVAL FROM CITY SIDEWALKS, STREET CROSSINGS AND BUS STOPS *Referred to General Services. Health and Environment 6. 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 7. 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 10 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 8. 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 9. 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 10. Anane Resolution Number 1.11.21R RESOLUTION OF THE COMMON COUNCIL TO AUTHORIZE A COMMISSION TO STUDY CHANGES TO THE FLAG OF THE CITY OF ALBANY *Referred to Council Operations and Ethics 11. Love Resolution Number 2.11.21R RESOLUTION CALLING ON THE NEW YORK STATE LEGISLATURE TO ENACT LEGISLATION THAT WOULD ALLOW ABSENTEE BALLOTS TO BE COUNTED EARLIER *Referred to Council Operations and Ethics Page 1 of 2 Albany Common Council Active Calendar Meeting of Thursday, January 21, 2021 (NOTE: The Active Calendar is meant to indicate items which are anticipated to come up for action at the indicated Common Council meeting. Items on a committee agenda prior to the indicated Council meeting are included subject to committee action and recommendation. New items on the agenda for introduction, but which will not be acted upon on the evening of introduction is not included on the Active Calendar. This Calendar does not preclude the addition of items for action by Majority Consent of the Council. Items added by Majority Consent are those which were not available for the agenda within the required deadline but which cannot wait for the subsequent Council meeting for introduction and/or action.) Section Number Agenda Sponsor Subject Number Ordinances Introduced (a) 2.12.21 Planning An Ordinance Authorizing The Mayor To Appoint Paige Barnum To The Board Of Zoning Appeals For A Term Of Office Of Two Years Ordinance Held (c) 20.92.20 10 O’Brien An Ordinance Amending Chapter 375 Of The Code Of The City Of Albany (Unified Sustainable Development Ordinance) Changing The Zoning Classification Of 1057 Washington Avenue And 1061 Washington Avenue From “Mixed-Use Neighborhood Center” (MU-NC) To Residential “Two- Family” (R-2) And Amending The Zoning Map Accordingly Resolutions Introduced (b) 5.12.21R Planning Resolution Of The Common Council Consenting To The Reappointment Of Christopher Ellis, Jr To The City Of Albany Planning Board Resolutions Introduced (b) 6.12.21R Planning Resolution Of The Common Council Consenting To The Reappointment Of Martin Hull To The City Of Albany Planning Board Resolutions Introduced (b) 7.12.21R Planning Resolution Of The Common Council Consenting To The Reappointment Of Martin Daley To The Board Of Zoning Appeals Resolutions Introduced (b) 8.12.21R Planning Resolution Of The Common Council Consenting To The Reappointment Of Ricja Rice-Ghyll To The Board Of Zoning Appeals Resolutions Introduced (b) 9.12.21R Planning Resolution Of The Common Council Consenting To The Appointment Of Paige Barnum To The Board Of Zoning Appeals Resolutions Introduced (a) 10.12.21R Flynn Resolution Of The Common Council Honoring The Life And Legacy Of Henry “Hank” Landau Page 2 of 2 Resolutions Introduced (a) 11.12.21R Kimbrough Resolution Of The Common Council Establishing Standard Work Days For The Chief City Auditor As Required By Regulation 315.4 Of The New York State Comptroller (a) Pending discussion on January 13, 2021 5:30PM Albany Common Council Caucus VIA ZOOM (b) Pending discussion at Planning, Economic Development, and Land Use Committee on January 19, 2020 @ 5:30pm VIA ZOOM (c) Pending discussion at Planning, Economic Development, and Land Use Committee on January 11, 2020 @5:30pm VIA Zoom (01/08/2021) Page 1 of 2 Albany Common Council Active Calendar Meeting of Thursday, January 21, 2021 (NOTE: The Active Calendar is meant to indicate items which are anticipated to come up for action at the indicated Common Council meeting. Items on a committee agenda prior to the indicated Council meeting are included subject to committee action and recommendation. New items on the agenda for introduction, but which will not be acted upon on the evening of introduction is not included on the Active Calendar. This Calendar does not preclude the addition of items for action by Majority Consent of the Council. Items added by Majority Consent are those which were not available for the agenda within the required deadline but which cannot wait for the subsequent Council meeting for introduction and/or action.) Section Number Agenda Sponsor Subject Number Ordinances Introduced (a) 2.12.21 Planning An Ordinance Authorizing The Mayor To Appoint Paige Barnum To The Board Of Zoning Appeals For A Term Of Office Of Two Years Ordinances Introduced (a) 1.11.21 15 Conti An Ordinance Amending Article VIII (Residential Permit Parking System) Of Chapter 359 (Vehicles And Traffic) Of The Code Of The City Of Albany In Relation To Establishing Zone Boundaries And Streets Designated As Permit Only Within Such Zones Resolutions Introduced (b) 5.12.21R Planning Resolution Of The Common Council Consenting To The Reappointment Of Christopher Ellis, Jr To The City Of Albany Planning Board Resolutions Introduced (b) 6.12.21R Planning Resolution Of The Common Council Consenting To The Reappointment Of Martin Hull To The City Of Albany Planning Board Resolutions Introduced (b) 7.12.21R Planning Resolution Of The Common Council Consenting To The Reappointment Of Martin Daley To The Board Of Zoning Appeals Resolutions Introduced (b) 8.12.21R Planning Resolution Of The Common Council Consenting To The Reappointment Of Ricja Rice-Ghyll To The Board Of Zoning Appeals Resolutions Introduced (b) 9.12.21R Planning Resolution Of The Common Council Consenting To The Appointment Of Paige Barnum To The Board Of Zoning Appeals Resolutions Introduced (a) 10.12.21R Flynn & Resolution Of The Common Council Anane Honoring The Life And Legacy Of Henry “Hank” Landau Resolutions Introduced (a) 11.12.21R Kimbrough Resolution Of The Common Council Establishing Standard Work Days For The Chief City Auditor As Required By Regulation 315.4 Of The New York State Comptroller Page 2 of 2 Resolutions Held (c) 1.11.21R 10 Anane Resolution Of The Common Council To Encouraging A Community Conversation On Changes To The Flag Of The City Of Albany Resolutions Held (c) 2.11.21R 11 Love Resolution calling On The New York State Legislature To Enact Legislation That Would Allow Absentee Ballots To Be Counted Earlier (a) Pending discussion on January 13, 2021 5:30PM Albany Common Council Caucus VIA ZOOM (b) Pending discussion at Planning, Economic Development, and Land Use Committee on January 19, 2020 @ 5:30pm VIA ZOOM (c) Pending discussion at Council Operations and Ethics Committee on January 20, 2020 @ 5:30pm VIA ZOOM (01/13/2021) Page 1 of 2 Albany Common Council Active Calendar Meeting of Thursday, January 21, 2021 (NOTE: The Active Calendar is meant to indicate items which are anticipated to come up for action at the indicated Common Council meeting. Items on a committee agenda prior to the indicated Council meeting are included subject to committee action and recommendation. New items on the agenda for introduction, but which will not be acted upon on the evening of introduction is not included on the Active Calendar. This Calendar does not preclude the addition of items for action by Majority Consent of the Council. Items added by Majority Consent are those which were not available for the agenda within the required deadline but which cannot wait for the subsequent Council meeting for introduction and/or action.) Section Number Agenda Sponsor Subject Number Ordinances Introduced (a) 2.12.21 Planning An Ordinance Authorizing The Mayor To Appoint Paige Barnum To The Board Of Zoning Appeals For A Term Of Office Of Two Years Ordinances Introduced (a) 1.11.21 15 Conti An Ordinance Amending Article VIII (Residential Permit Parking System) Of Chapter 359 (Vehicles And Traffic) Of The Code Of The City Of Albany In Relation To Establishing Zone Boundaries And Streets Designated As Permit Only Within Such Zones Resolutions Introduced 7.12.21R Planning Resolution Of The Common Council Consenting To The Reappointment Of Martin Daley To The Board Of Zoning Appeals Resolutions Introduced 8.12.21R Planning Resolution Of The Common Council Consenting To The Reappointment Of Ricja Rice-Ghyll To The Board Of Zoning Appeals Resolutions Introduced 9.12.21R Planning Resolution Of The Common Council Consenting To The Appointment Of Paige Barnum To The Board Of Zoning Appeals Resolutions Introduced (a) 10.12.21R Flynn & Resolution Of The Common Council Anane Honoring The Life And Legacy Of Henry “Hank” Landau Resolutions Introduced (a) 11.12.21R Kimbrough Resolution Of The Common Council Establishing Standard Work Days For The Chief City Auditor As Required By Regulation 315.4 Of The New York State Comptroller Resolutions Held (b) 1.11.21R 10 Anane Resolution Of The Common Council To Encouraging A Community Conversation On Changes To The Flag Of The City Of Albany Resolutions Held (b) 2.11.21R 11 Love Resolution calling On The New York State Legislature To Enact Legislation That Would Allow Page 2 of 2 Absentee Ballots To Be Counted Earlier (a) Pending discussion on January 13, 2021 5:30PM Albany Common Council Caucus VIA ZOOM (b) Pending discussion at Council Operations and Ethics Committee on January 20, 2020 @ 5:30pm VIA ZOOM (01/20/2021) COMMON COUNCIL OF THE CITY OF ALBANY SUPPORT LEGISLATION JANUARY 21, 2021 LOCAL LAW A of 2020 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 ORDINANCES 2.12.21 AN ORDINANCE AUTHORIZING THE MAYOR TO APPOINT PAIGE BARNUM TO THE BOARD OF ZONING APPEALS FOR A TERM OF OFFICE OF TWO YEARS 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 RESOLUTIONS 5.12.21R RESOLUTION OF THE COMMON COUNCIL CONSENTING TO THE REAPPOINTMENT OF CHRISTOPHER ELLIS, JR TO THE CITY OF ALBANY PLANNING BOARD 6.12.21R RESOLUTION OF THE COMMON COUNCIL CONSENTING TO THE REAPPOINTMENT OF MARTIN HULL TO THE CITY OF ALBANY PLANNING BOARD 7.12.21R RESOLUTION OF THE COMMON COUNCIL CONSENTING TO THE REAPPOINTMENT OF MARTIN DALEY TO THE BOARD OF ZONING APPEALS 8.12.21R RESOLUTION OF THE COMMON COUNCIL CONSENTING TO THE REAPPOINTMENT OF RICJA RICE-GHYLL TO THE BOARD OF ZONING APPEALS 9.12.21R RESOLUTION OF THE COMMON COUNCIL CONSENTING TO THE APPOINTMENT OF PAIGE BARNUM TO THE BOARD OF ZONING APPEALS 10.12.21R RESOLUTION OF THE COMMON COUNCIL HONORING THE LIFE AND LEGACY OF HENRY “HANK” LANDAU 11.12.21R RESOLUTION OF THE COMMON COUNCIL ESTABLISHING STANDARD WORK DAYS FOR THE CHIEF CITY AUDITOR AS REQUIRED BY REGULATION 315.4 OF THE NEW YORK STATE COMPTROLLER Council Member Conti introduced the following: 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 Be it enacted by the Common Council of the City of Albany as follows: Section 1. Section 202 of the Charter of the City of Albany is hereby amended to read as follows: SECTION 202. CONTINUOUS TERMS. NONPARTISAN ELECTION OF CITY OFFICERS. Except where otherwise stated in this Charter, the regular election of the Mayor, Comptroller, Treasurer, President of the Common Council and each “Council member” shall be held every four years; existing terms shall continue uninterrupted by this Charter. Elections for city offices shall be nonpartisan. Candidates for office shall not be nominated by political parties but shall obtain access to the ballot at the general election through the process outlined in Article 6 of the NYS Election Law for independent nominating petitions. All ballots for the election of city officers shall not contain a party mark or designation. City elections shall be conducted in the same manner as provided by the NYS Election Law except as herein otherwise provided and all provisions of law relating to the conduct of general elections not inconsistent with the provisions of this section shall apply. At the close of each election the election officers shall proceed to count and canvass the votes cast in the manner provided by the Election Law. Section 2. This section is enacted pursuant to the Municipal Home Rule Law. This section shall supersede the provisions of Election Law to the extent it is inconsistent with the same, and to the extent permitted by the New York State Constitution, the Municipal Home Rule Law, or any other applicable statute. Section 3. This local law shall take effect upon final passage, public hearing and approval of the electors at a general election of state or local government officers held not less than sixty days after the adoption of this local law. It shall apply to the next succeeding election of city officers after adoption. APPROVED AS TO FORM THIS 6TH DAY OF JANUARY, 2020 ______________________________ Corporation Counsel To: Danielle Gillespie, City Clerk From: Council Member Conti Re: Request for Common Council Legislation Supporting Memorandum Date: January 6, 2021 LOCAL LAW A-2021 SPONSOR(S): Council Member Conti TITLE 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 GENERAL PURPOSE OF LEGISLATION To provide that elections for city elective office shall be held on a nonpartisan basis. This local law amends Sec. 202 of the city charter to provide that city elections shall be nonpartisan. Candidates for all city offices would obtain access to the ballot by an independent nominating petition. All candidates would be elected at the general election in November and partisan primaries would no longer be held for city office. NECESSITY FOR LEGISLATION AND ANY CHANGE TO EXISTING LAW Nonpartisan elections benefits voters and allows citizens increased access to the ballot. There’s been a decline in the number of voters registering with political parties, especially among younger voters, immigrants and mobile populations. Primaries within political parties reduce their opportunity to choose candidates. In Albany, many Democratic candidates win the primary with a small percentage of the vote and in many cases winning the primary results in winning the general election or running unopposed. Nonpartisan elections can bring citizens more of an opportunity to participate in the electoral process and elect the candidate of their choosing. According to the National League of Cities over three-quarters of all municipalities in the United States have nonpartisan elections including 41 of the 50 largest cities. Among those with non- partisan elections are: Los Angeles, Chicago, Phoenix, San Antonio, Dallas, San Diego, San Jose, Detroit, San Francisco, Jacksonville, Austin, Columbus, Fort Worth, Memphis, Boston, El Paso, Milwaukee, Denver, Seattle, Nashville, Las Vegas, and Portland (OR). New York City holds non- partisan elections for special elections to fill vacancies in city elective offices. This amendment would expand voter enfranchisement by expanding the electoral base to include the growing number of non-affiliated voters as well as voters enrolled in other parties. In 2003, a legal analysis of the authority of municipalities in New York State was conducted for the New York City Charter Review Commission. An excerpt of that analysis follows here: State Law Issues The City’s authority to enact local legislation creating nonpartisan elections for local offices derives from Article IX of the New York State Constitution and Section 10 of the Municipal Home Rule Law (“MHRL”).1 In Bareham v. City of Rochester, 246 N.Y. 140 (1927), the Court of Appeals considered whether Rochester had the authority, under the State’s home rule provisions, to adopt nonpartisan elections in light of the inconsistent provisions of the Election Law. Although the Court struck down the Rochester law at issue because of its technical failure to cite the Election Law provisions that were being superseded, it nonetheless held that cities in New York State possess the authority to establish nonpartisan election systems.2 As discussed more fully below, several cities in New York State continued to use nonpartisan election schemes for some time after the decision in Bareham, including the cities of Sherrill and Watertown. The existence of these schemes strengthens the argument that New York City has the authority to create nonpartisan elections. Furthermore, although the Election Law has been recodified since the decision in Bareham, the Bareham analysis applies to the current Election Law. Election Law § 1-102 specifically states that “[w]here a specific provision of law exists in any other law which is inconsistent with the provisions of this chapter, such provision shall apply unless a provision of [the Election Law] specifies that such provision of [the Election Law] shall apply notwithstanding any other provision of law.” There is no existing provision of the Election Law that mandates partisan elections “notwithstanding any other provision of law.” In 1991, New York City’s authority to adopt nonpartisan elections in its Charter was explicitly recognized in City of New York v. New York City Board of Elections, Index No.41450/91 (Sup. Ct., New York Co.), aff’d, __ A.D. 2d __, (1st Dept.), lv. app.den., 77 N.Y.2d 938 (1991). That case concerned the validity of Charter § 25(b)(7), the nonpartisan special election provision for City Council vacancies that was added by the 1988 1 Under MHRL § 10(1), cities have the power to adopt local laws relating to the “powers, duties, qualifications, number, [and] mode of selection . . . of its officers and employees,” provided that such local law is not inconsistent with the State Constitution or any general State law, and provided that the State Legislature has not restricted the adoption of such a local law on a matter of State concern. See MHRL §10(1)(ii)(a)(1) (emphasis added). This provision derives directly from Article IX, § 2(c), of the State Constitution. 2 The Court in Bareham acknowledged that Rochester would not have had the authority to pass a local law inconsistent with the Election Law had that State law been a “general” law, see MHRL §2(5) (general law is one that “in terms and in effect applies alike” to, for example, all cities within the State), but noted that, on its face, the Election Law was instead a “special” law, with which a properly enacted local law could be inconsistent. See MHRL §2(12) (special law is one which “in terms and in effect” applies to, for example, one or more, but not all cities within the State). Commission. In that case, the Board of Elections, despite the new Charter amendment, accepted the party nomination of a candidate and attempted to place that candidate’s name and party affiliation on the ballot in a special election to fill a Council vacancy. The Board of Elections claimed that Election Law § 6-114, which provides that party nominations for an office to be filled at a special election be made in accordance with party rules, preempted the Charter. Relying on Bareham, MHRL § 10, and Election Law § 1-102, the Court ruled that New York City had the right to adopt nonpartisan elections in its Charter, notwithstanding the Election Law. Specifically, the Court held that although the Election Law allowed party labels in elections, “the Election Law gives way to inconsistent local law provisions.” This decision was affirmed unanimously by the Appellate Division, First Department. Indeed, local authority to implement nonpartisan elections for local offices, as identified in Bareham, has never been compromised by the Legislature’s enactment of a general law or an explicitly restrictive special law. Thus, the Election Law may be reasonably construed only to set forth the framework for governing partisan elections for those cities that choose to use them. New York City has held numerous special elections for City Council vacancies. In fact, the entire Council leadership – its Speaker, Majority Leader and Minority Leader, were all elected initially to the Council in a nonpartisan election. In light of Bareham and City of New York, it appears clear that cities in New York State possess the home rule authority to adopt nonpartisan elections by amending their charters. See also Steinberg v. Meisser, 291 N.Y. 685 (1943) (upholding the denial of an injunction against the City of Long Beach placing before the voters a proposed local law amending its charter to provide, inter alia, for nonpartisan elections for City Council). Nonpartisan Elections in New York State Nonpartisan election systems have in existed in New York State for over 80 years. For example, in addition to Rochester, the cities of Sherrill and Watertown have had nonpartisan elections since 1916 and 1920, respectively.3 As discussed above, Rochester attempted to institute nonpartisan elections for its citywide officers by local law, but its legislation was struck down in Bareham because of the law’s failure to cite the provisions of the Election Law that were to be superseded. Following the decision in Bareham, in 1929, Rochester again instituted nonpartisan elections by local law, but this time the law contained the required list of superseded Election Law sections.4 3 19 Other cities in New York that have had nonpartisan primary elections at some point in their history include Buffalo, Saratoga Springs, Long Beach, Jamestown, Mechanicville, Auburn, New Rochelle, Rome, and Batavia. 4 The sections of the then-existing Election Law superseded by Rochester’s law were: 83 (lists of nominations); 84 (publication by Board of Election of nomination lists); 89 (poll-books); 102 (placing names on ballot); 103 (order of names on ballot); 104, 105, 108, 119, 249, 268 (official ballots); 131 (party nominations); 135, 136 (designating petitions); 137 (independent nominations); 138 (declination of designation or nomination); 139 (filling vacancies in The City of Sherrill’s nonpartisan primary system was instituted by the State Legislature in 1916.5 In creating this scheme, the Legislature effectively superseded various provisions of the then-applicable Election Law as it applied to Sherrill.6 At its most basic, Sherrill’s system of nonpartisan elections modified the method by which a candidate qualified for the general election. While the Election Law at that time provided that the candidate who received the most votes in each party’s primary proceeded to the general election, see then- effective Election Law § 89, Sherrill’s nonpartisan system mandated that the two candidates who received the most votes at the nonpartisan primary would run in the general election, regardless of party. 7 The City of Watertown’s nonpartisan primary system was instituted by the State Legislature in 1920.8 Like for Sherrill, the Legislature effectively superseded various provisions of the Election Law as it applied to Watertown.9 The Legislature amended Watertown’s nonpartisan election system in 1993,10 but the basic structure of nonpartisan primary elections remained the same. The amendments merely conformed Watertown’s system to certain administrative requirements of the Election Law and addressed certain administrative details.11 As amended in 1993, Watertown’s legislation effectively superseded various provisions of the modern Election Law. 12 designations and nominations); 140 (times for filing petitions and certificates for holding conventions); 156 (additional meetings for registration); 157 (registration for other than general elections); 204 (challenges at primary elections); 212 (proceedings of inspectors at close of polls); 213, 270 (canvassing vote); 217 (tallying votes); 233 (proclamation of results). 5 Laws of 1916, Chapter 172. 6 In 1985, the Election Law was reenacted into its current form. 7 Sherrill’s legislation varied from numerous sections of the 1916 Election Law. See, e.g., Sections 3 (definition of a primary election); 48 (process to choose candidates for primary election); 49 (filing declaration of candidacy); 58 (party affiliation on ballot); and 79 (when election supplies are to be delivered). 8 Laws of 1920, Chapter 276. 9 Watertown’s 1920 legislation varied from numerous sections of the then-applicable Election Law. See, e.g., 3 (defining primary as a party-based election); 74 (designation of polling places in accordance with political parties); 79 (number of ballots to be provided at election); 89 (two candidates receiving most votes at primary proceed to general election); and 122 (independent nominating petitions). 10 Laws of 1993, Chapter 247. 11 These administrative requirements addressed issues such as the filing and sufficiency of petitions; primary dates; revision and correction of registers of voters; the quality, weight, size, etc., of ballots; and the general conduct and canvassing of elections. The amendments also addressed details regarding the binding of petitions, the equipment to be furnished to the polling locations, the movement of voters between election districts, write-in candidates, and the conduct of general elections. 12 Watertown’s legislation varies from the following sections of the Election Law as it existed in 1993: 1-104 (defining a primary as a party-based election); 2-120 (statement of party positions to EFFECTIVE DATE: Adoption of this local law is subject to permissive referendum at the next general election. If adopted by the voters it would apply to the 2025 Albany city elections at the earliest. FISCAL IMPACT: None. be filled at primary); 4-118 (party designation on notices of primary election); 6-119 and 6-132 (designating petition to include party); 6-128 (first nominations for new party); 6-136 Council Member ___________ introduced the following: ORDINANCE 2.12.21 AN ORDINANCE AUTHORIZING THE MAYOR TO APPOINT PAIGE BARNUM TO THE BOARD OF ZONING APPEALS FOR A TERM OF OFFICE OF TWO YEARS The City of Albany, in Common Council convened, does hereby ordain and enact: Section 1. The Mayor shall have the authority to appoint Paige Barnum to the Board of Zoning Appeals for a term of office of two years. Such authority shall apply only to the appointment of Paige Barnum for a term of office to expire on December 31, 2022, as described in Common Council Resolution 9.12.21R. Section 2. This ordinance shall not otherwise modify or affect the provisions of section 42-360.1(B) of the Code of the City of Albany with regard to any future appointments to the Board of Zoning Appeals. Section 3. This ordinance shall take effect immediately and shall expire upon the passage of Common Council Resolution 9.12.21R. APPROVED AS TO FORM THIS 6TH DAY OF JANUARY, 2021 ________________________________ Corporation Counsel To: Danielle Gillespie, City Clerk From: Brett Williams, Esq., Sr. Assistant Corporation Counsel Re: Request for Common Council Legislation Supporting Memorandum Date: January 6, 2021 SPONSOR Council Member _______ ORDINANCE 2.12.21 TITLE AN ORDINANCE AUTHORIZING THE MAYOR TO APPOINT PAIGE BARNUM TO THE BOARD OF ZONING APPEALS FOR A TERM OF OFFICE OF LESS THAN THREE YEARS GENERAL PURPOSE OF LEGISLATION The Board of Zoning Appeals has seven seats, which are meant to be staggered over three years, such that two terms expire in one year, two in another, and three in the third year. As it currently stands, the terms of Adriana Le Blan, Serena Joyce White-Lake and Jeff Quain will expire at the end of 2021, and the terms of Martin Daley and Ricja Rice-Ghyll will, upon confirmation, expire at the end of 2023. Richard Berkley’s term will expire at the end of 2022. At some point the seat currently held by Paige Barnum was appointed to something other than the three year term required by the Code. Thus, in order to reestablish the proper stagger, Ms. Barnum must be appointed to a two year term so that her term will expire at the end of 2022. This ordinance allows the Mayor to do so. NECESSITY FOR LEGISLATION AND CHANGES TO EXISTING LAW Under Code § 42-360.1(B), “The Mayor shall appoint … Board members to three-year terms.” In other words, the Code does not allow the Mayor to appoint for anything more or less than a three year term. Thus, under the Code as it stands, the Mayor has no power to appoint Paige Barnum to a two year term, as is necessary to reestablish the BZA’s stagger. This ordinance gives the Mayor the authority to appoint for a two year term in this single instance, for this single limited purpose. The ordinance, and thus the Mayor’s power to appoint for a two year term, shall expire once the resolution confirming Ms. Barnum’s appointment is passed. FISCAL IMPACT(S) None. Council Member O’Brien introduced the following: ORDINANCE 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 The City of Albany, in Common Council convened, does hereby ordain and enact: Section 1. Sub-Paragraph (e) of paragraph 3 (General Landscaping Standards) of subdivision (F) (Landscaping, Screening and Buffering) of section 375-4 (Development Standards) is hereby amended to read: (e) Vegetative Coverage Any development or redevelopment site that triggers the requirements of this Section shall ensure that landscaping, screening, and/or buffering achieves at least the equivalent of 30 percent lot coverage by vegetated material to the greatest degree practicable. This shall not include green roofs. Section 2. This ordinance shall take effect immediately. APPROVED AS TO FORM THIS 8TH DAY OF JANUARY, 2021 ________________________________ Corporation Counsel To: Danielle Gillespie, City Clerk From: John-Raphael Pichardo, Esq., Research Counsel Re: Request for Common Council Legislation Supporting Memorandum Date: January 7, 2021 SPONSOR Council Member O’Brien ORDINANCE 3.12.21 TITLE 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 GENERAL PURPOSE OF LEGISLATION Clarifying the USDO to state that Green Roofs shall not be considered in the development standards of Vegetative Coverage. FISCAL IMPACT(S) None. Council Member _______, at the request of the Mayor, introduced the following: Resolution Number 5.12.21R RESOLUTION OF THE COMMON COUNCIL CONSENTING TO THE REAPPOINTMENT OF CHRISTOPHER ELLIS, JR. TO THE CITY OF ALBANY PLANNING BOARD WHEREAS, the Mayor of the City of Albany has, pursuant to the provisions of Article 3 of the City Charter, reappointed Christopher Ellis, Jr. as a member of the City of Albany Planning Board; and WHEREAS, the Common Council must consent to the Mayor’s appointments of members to the Planning Board under Article 3 of the City Charter; NOW, THEREFORE, BE IT RESOLVED, that the Common Council of the City of Albany consents to the reappointment of Christopher Ellis, Jr. to the City of Albany Planning Board for a term of office to expire December 31, 2025. To: Danielle Gillespie, City Clerk From: Brett Williams, Senior Assistant Corporation Counsel Re: Request for Common Council Legislation Supporting Memorandum Date: January 5, 2021 RESOLUTION NUMBER 5.12.21R TITLE RESOLUTION OF THE COMMON COUNCIL CONSENTING TO THE REAPPOINTMENT OF CHRISTOPHER ELLIS, JR. TO THE CITY OF ALBANY PLANNING BOARD GENERAL PURPOSE OF LEGISLATION To reappoint Chris Ellis, Jr. to a term of the Planning Board, which will expire on December 31, 2025. NECESSITY FOR LEGISLATION AND ANY CHANGE TO EXISTING LAW The Common Council must confirm mayoral appointments to the Planning Board pursuant to Section 301(e) of the City of Albany Charter. FISCAL IMPACT(S) None. Council Member _______, at the request of the Mayor, introduced the following: Resolution Number 6.12.21R RESOLUTION OF THE COMMON COUNCIL CONSENTING TO THE REAPPOINTMENT OF MARTIN HULL TO THE CITY OF ALBANY PLANNING BOARD WHEREAS, the Mayor of the City of Albany has, pursuant to the provisions of Article 3 of the City Charter, reappointed Martin Hull as a member of the City of Albany Planning Board; and WHEREAS, the Common Council must consent to the Mayor’s appointments of members to the Planning Board under Article 3 of the City Charter; NOW, THEREFORE, BE IT RESOLVED, that the Common Council of the City of Albany consents to the reappointment of Martin Hull to the City of Albany Planning Board for a term of office to expire December 31, 2024. To: Danielle Gillespie, City Clerk From: Brett Williams, Senior Assistant Corporation Counsel Re: Request for Common Council Legislation Supporting Memorandum Date: January 5, 2021 RESOLUTION NUMBER 6.12.21R TITLE RESOLUTION OF THE COMMON COUNCIL CONSENTING TO THE REAPPOINTMENT OF MARTIN HULL TO THE CITY OF ALBANY PLANNING BOARD GENERAL PURPOSE OF LEGISLATION To reappoint Martin Hull to a term of the Planning Board, which will expire on December 31, 2024. NECESSITY FOR LEGISLATION AND ANY CHANGE TO EXISTING LAW The Common Council must confirm mayoral appointments to the Planning Board pursuant to Section 301(e) of the City of Albany Charter. FISCAL IMPACT(S) None. Council Member _______, at the request of the Mayor, introduced the following: Resolution Number 7.12.21R RESOLUTION OF THE COMMON COUNCIL CONSENTING TO THE REAPPOINTMENT OF MARTIN DALEY TO THE BOARD OF ZONING APPEALS WHEREAS, the Mayor of the City of Albany has, pursuant to the provisions of Article 3 of the City Charter, appointed Martin Daley as a member of the Board of Zoning Appeals; and WHEREAS, the Common Council must consent to the Mayor’s appointments of members to the Board of Zoning Appeals under Article 3 of the City Charter; NOW, THEREFORE, BE IT RESOLVED, that the Common Council of the City of Albany consents to the appointment of Martin Daley to the Board of Zoning Appeals for a term of office to expire December 31, 2023. To: Danielle Gillespie, City Clerk From: Brett Williams, Senior Assistant Corporation Counsel Re: Request for Common Council Legislation Supporting Memorandum Date: January 5, 2021 SPONSOR: Council Member _______, at the request of the Mayor RESOLUTION NUMBER 7.12.21R TITLE RESOLUTION OF THE COMMON COUNCIL CONSENTING TO THE REAPPOINTMENT OF MARTIN DALEY TO THE BOARD OF ZONING APPEALS GENERAL PURPOSE OF LEGISLATION To appoint Martin Daley to a term of the Board of Zoning Appeals set to expire December 31, 2023. NECESSITY FOR LEGISLATION AND ANY CHANGE TO EXISTING LAW The Common Council must confirm mayoral appointments to the BZA pursuant to Section 301(e) of the City of Albany Charter. FISCAL IMPACT(S) None. Council Member _______, at the request of the Mayor, introduced the following: Resolution Number 8.12.21R RESOLUTION OF THE COMMON COUNCIL CONSENTING TO THE REAPPOINTMENT OF RICJA RICE-GHYLL TO THE BOARD OF ZONING APPEALS WHEREAS, the Mayor of the City of Albany has, pursuant to the provisions of Article 3 of the City Charter, appointed Ricja Rice-Ghyll as a member of the Board of Zoning Appeals; and WHEREAS, the Common Council must consent to the Mayor’s appointments of members to the Board of Zoning Appeals under Article 3 of the City Charter; NOW, THEREFORE, BE IT RESOLVED, that the Common Council of the City of Albany consents to the appointment of Ricja Rice-Ghyll to the Board of Zoning Appeals for a term of office to expire December 31, 2023. To: Danielle Gillespie, City Clerk From: Brett Williams, Senior Assistant Corporation Counsel Re: Request for Common Council Legislation Supporting Memorandum Date: January 5, 2021 RESOLUTION NUMBER 8.12.21R TITLE RESOLUTION OF THE COMMON COUNCIL CONSENTING TO THE REAPPOINTMENT OF RICJA RICE-GHYLL TO THE BOARD OF ZONING APPEALS GENERAL PURPOSE OF LEGISLATION To appoint Ricja Rice-Ghyll to a term of the Board of Zoning Appeals set to expire on December 31, 2023. NECESSITY FOR LEGISLATION AND ANY CHANGE TO EXISTING LAW The Common Council must confirm mayoral appointments to the BZA pursuant to Section 301(e) of the City of Albany Charter. FISCAL IMPACT(S) None. Council Member _______, at the request of the Mayor, introduced the following: Resolution Number 9.12.21R RESOLUTION OF THE COMMON COUNCIL CONSENTING TO THE REAPPOINTMENT OF PAIGE BARNUM TO THE BOARD OF ZONING APPEALS WHEREAS, the Mayor of the City of Albany has, pursuant to the provisions of Article 3 of the City Charter, appointed Paige Barnum as a member of the Board of Zoning Appeals; and WHEREAS, the Common Council must consent to the Mayor’s appointments of members to the Board of Zoning Appeals under Article 3 of the City Charter; NOW, THEREFORE, BE IT RESOLVED, that the Common Council of the City of Albany consents to the appointment of Paige Barnum to the Board of Zoning Appeals for a term of office to expire December 31, 2022. To: Danielle Gillespie, City Clerk From: Brett Williams, Senior Assistant Corporation Counsel Re: Request for Common Council Legislation Supporting Memorandum Date: January 5, 2021 RESOLUTION NUMBER 9.12.21R TITLE RESOLUTION OF THE COMMON COUNCIL CONSENTING TO THE REAPPOINTMENT OF PAIGE BARNUM TO THE BOARD OF ZONING APPEALS GENERAL PURPOSE OF LEGISLATION To appoint Paige Barnum to a term of the Board of Zoning Appeals which will expire on December 31, 2022. NECESSITY FOR LEGISLATION AND ANY CHANGE TO EXISTING LAW The Common Council must confirm mayoral appointments to the BZA pursuant to Section 301(e) of the City of Albany Charter. FISCAL IMPACT(S) None. Council Member Flynn introduced the following: RESOLUTION NUMBER 10.12.21R RESOLUTION OF THE COMMON COUNCIL HONORING THE LIFE AND LEGACY OF HENRY “HANK” LANDAU WHEREAS, Henry “Hank” Landau was born in Albany on June 10, 1929 to James C. Landau, Sr. and Maude Mayer Landau, and later graduated from Philip Schuyler High School in Albany; and WHEREAS, during his Navy service in the Pacific Theater of World War II, Hank participated in two atomic bomb tests at Bikini Atoll in the Marshall Islands; and WHEREAS, after the war Hank was a proud member of the Sheet Metal Worker’s Local Union #84 since 1948 and served on the Union’s Executive Board and Negotiating Committee, and, first, as the Union’s Business Representative beginning in 1960, before becoming Local #83’s President Business Manager in 1967; and WHEREAS, Hank served in a large number of other trade and public service roles throughout his lifetime, including as Vice President of the Metropolitan Association of Sheet Metal Workers; Vice President of the New York State Council of Sheet Metal Workers; President of the New York State Union Label Service Trades; Secretary-Treasurer of the Tri-Cities Building & Construction Trades Council; Chairman of the Board of the Northeastern New York Safety & Health Council; Board Member and Chairman of the Albany Vocational Advisory Council; Board of Directors of the Northeastern New York Alliance of Business; Chairman of the Capital Region Business Promotion Plan; and Board of Directors of the Capital Region Technology Development Council; and WHEREAS, Governor Mario Cuomo appointed Hank to serve on the New York State Public Works Advisory Board; and WHEREAS, Hank was happily married to Carol Landau for 59 years and had five children: Lorelei, Wayne, Eric, Claudia, and Brian, as well as seven grandchildren: Aren, Leanor, Christina, Jennifer, Sarah, Katie, and Riley; and WHEREAS, Henry “Hank” Landau passed away peacefully at the age of 91 on December 30, 2020, surrounded by his family; and WHEREAS it is appropriate and fitting for this body to pause in its deliberations to recognize and honor the work and lifetime achievements of Henry “Hank” Landau; NOW, THEREFORE, BE IT RESOLVED that the Common Council of the City of Albany recognizes Henry Landau for his career of leadership and public service to the residents of the City of Albany; and BE IT FURTHER RESOLVED that the Common Council extends its condolences and sympathies to Hank’s family and friends; and BE IT FURTHER RESOLVED that a copy of this resolution, suitably engrossed, be transmitted to Hank’s family. To: Danielle Gillespie, City Clerk From: Brett Williams, Esq., Senior Assistant Corporation Counsel Re: Common Council Legislation Supporting Memorandum Date: January 6, 2021 SPONSOR Council Member Flynn RESOLUTION NUMBER 10.12.21R TITLE RESOLUTION OF THE COMMON COUNCIL HONORING THE LIFE AND LEGACY OF HENRY “HANK” LANDAU GENERAL PURPOSE OF LEGISLATION To honor the life and legacy of Henry “Hank” Landau, who passed away on December 30, 2020, after a long life of service. FISCAL IMPACT(S) None. Council Member Kimbrough introduced the following: RESOLUTION NUMBER 11.12.21R RESOLUTION OF THE COMMON COUNCIL ESTABLISHING STANDARD WORK DAYS FOR THE CHIEF CITY AUDITOR AS REQUIRED BY REGULATION 315.4 OF THE NEW YORK STATE COMPTROLLER BE IT RESOLVED, that the Common Council of the City of Albany hereby establishes the following as standard work days for elected and appointed officials and will report the following days worked to the New York State and Local Employees' Retirement System based on the record of activities maintained and submitted by these officials to the clerk of this body: Title Name Standard Term Participates in Days/Month Work Day Begins/Ends Employer’s Time Keeping System (Based on (Hrs/day) Record of (Y/N) Activities) Chief City Auditor Dorcey Applyrs 7.5 01/01/2020-12/31/2021 N 21.98 BE IT FURTHER RESOLVED, that the Human Resources Director submit an adjustment report amending the number of days previously reported to the Retirement System if there is any inconsistency with what was previously reported as the standard workday. TO: Danielle Gillespie, City Clerk FROM: Brett Williams, Senior Assistant Corporation Counsel RE: Request for Common Council Legislation Support Memorandum DATE: January 7, 2021 SPONSOR: Council Member Kimbrough RESOLUTION NUMBER 11.12.21R TITLE RESOLUTION OF THE COMMON COUNCIL ESTABLISHING STANDARD WORK DAYS FOR THE CHIEF CITY AUDITOR AS REQUIRED BY REGULATION 315.4 OF THE NEW YORK STATE COMPTROLLER GENERAL PURPOSE OF LEGISLATION To establish the standard work day for elected officials and to report the average numbers of days per month for retirement reporting as required by the New York State Comptroller. NECESSITY FOR LEGISLATION AND ANY CHANGE TO EXISTING LAW This resolution is required by state regulation for retirement reporting purposes for elected officials. FISCAL IMPACT: None. COMMON COUNCIL OF THE CITY OF ALBANY SUPPORT LEGISLATION JANUARY 21, 2021 LOCAL LAW A of 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 ORDINANCES 2.12.21 AN ORDINANCE AUTHORIZING THE MAYOR TO APPOINT PAIGE BARNUM TO THE BOARD OF ZONING APPEALS FOR A TERM OF OFFICE OF TWO YEARS 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 RESOLUTIONS 5.12.21R RESOLUTION OF THE COMMON COUNCIL CONSENTING TO THE REAPPOINTMENT OF CHRISTOPHER ELLIS, JR TO THE CITY OF ALBANY PLANNING BOARD 6.12.21R RESOLUTION OF THE COMMON COUNCIL CONSENTING TO THE REAPPOINTMENT OF MARTIN HULL TO THE CITY OF ALBANY PLANNING BOARD 7.12.21R RESOLUTION OF THE COMMON COUNCIL CONSENTING TO THE REAPPOINTMENT OF MARTIN DALEY TO THE BOARD OF ZONING APPEALS 8.12.21R RESOLUTION OF THE COMMON COUNCIL CONSENTING TO THE REAPPOINTMENT OF RICJA RICE-GHYLL TO THE BOARD OF ZONING APPEALS 9.12.21R RESOLUTION OF THE COMMON COUNCIL CONSENTING TO THE APPOINTMENT OF PAIGE BARNUM TO THE BOARD OF ZONING APPEALS 10.12.21R RESOLUTION OF THE COMMON COUNCIL HONORING THE LIFE AND LEGACY OF HENRY “HANK” LANDAU 11.12.21R RESOLUTION OF THE COMMON COUNCIL ESTABLISHING STANDARD WORK DAYS FOR THE CHIEF CITY AUDITOR AS REQUIRED BY REGULATION 315.4 OF THE NEW YORK STATE COMPTROLLER Council Member Conti introduced the following: 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 Be it enacted by the Common Council of the City of Albany as follows: Section 1. Section 202 of the Charter of the City of Albany is hereby amended to read as follows: SECTION 202. CONTINUOUS TERMS. NONPARTISAN ELECTION OF CITY OFFICERS. Except where otherwise stated in this Charter, the regular election of the Mayor, Comptroller, Treasurer, President of the Common Council and each “Council member” shall be held every four years; existing terms shall continue uninterrupted by this Charter. Elections for city offices shall be nonpartisan. Candidates for office shall not be nominated by political parties but shall obtain access to the ballot at the general election through the process outlined in Article 6 of the NYS Election Law for independent nominating petitions. All ballots for the election of city officers shall not contain a party mark or designation. City elections shall be conducted in the same manner as provided by the NYS Election Law except as herein otherwise provided and all provisions of law relating to the conduct of general elections not inconsistent with the provisions of this section shall apply. At the close of each election the election officers shall proceed to count and canvass the votes cast in the manner provided by the Election Law. Section 2. This section is enacted pursuant to the Municipal Home Rule Law. This section shall supersede the provisions of Election Law to the extent it is inconsistent with the same, and to the extent permitted by the New York State Constitution, the Municipal Home Rule Law, or any other applicable statute. Section 3. This local law shall take effect upon final passage, public hearing and approval of the electors at a general election of state or local government officers held not less than sixty days after the adoption of this local law. It shall apply to the next succeeding election of city officers after adoption. APPROVED AS TO FORM THIS 6TH DAY OF JANUARY, 2020 ______________________________ Corporation Counsel To: Danielle Gillespie, City Clerk From: Council Member Conti Re: Request for Common Council Legislation Supporting Memorandum Date: January 6, 2021 LOCAL LAW A-2021 SPONSOR(S): Council Member Conti TITLE 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 GENERAL PURPOSE OF LEGISLATION To provide that elections for city elective office shall be held on a nonpartisan basis. This local law amends Sec. 202 of the city charter to provide that city elections shall be nonpartisan. Candidates for all city offices would obtain access to the ballot by an independent nominating petition. All candidates would be elected at the general election in November and partisan primaries would no longer be held for city office. NECESSITY FOR LEGISLATION AND ANY CHANGE TO EXISTING LAW Nonpartisan elections benefits voters and allows citizens increased access to the ballot. There’s been a decline in the number of voters registering with political parties, especially among younger voters, immigrants and mobile populations. Primaries within political parties reduce their opportunity to choose candidates. In Albany, many Democratic candidates win the primary with a small percentage of the vote and in many cases winning the primary results in winning the general election or running unopposed. Nonpartisan elections can bring citizens more of an opportunity to participate in the electoral process and elect the candidate of their choosing. According to the National League of Cities over three-quarters of all municipalities in the United States have nonpartisan elections including 41 of the 50 largest cities. Among those with non- partisan elections are: Los Angeles, Chicago, Phoenix, San Antonio, Dallas, San Diego, San Jose, Detroit, San Francisco, Jacksonville, Austin, Columbus, Fort Worth, Memphis, Boston, El Paso, Milwaukee, Denver, Seattle, Nashville, Las Vegas, and Portland (OR). New York City holds non- partisan elections for special elections to fill vacancies in city elective offices. This amendment would expand voter enfranchisement by expanding the electoral base to include the growing number of non-affiliated voters as well as voters enrolled in other parties. In 2003, a legal analysis of the authority of municipalities in New York State was conducted for the New York City Charter Review Commission. An excerpt of that analysis follows here: State Law Issues The City’s authority to enact local legislation creating nonpartisan elections for local offices derives from Article IX of the New York State Constitution and Section 10 of the Municipal Home Rule Law (“MHRL”).1 In Bareham v. City of Rochester, 246 N.Y. 140 (1927), the Court of Appeals considered whether Rochester had the authority, under the State’s home rule provisions, to adopt nonpartisan elections in light of the inconsistent provisions of the Election Law. Although the Court struck down the Rochester law at issue because of its technical failure to cite the Election Law provisions that were being superseded, it nonetheless held that cities in New York State possess the authority to establish nonpartisan election systems.2 As discussed more fully below, several cities in New York State continued to use nonpartisan election schemes for some time after the decision in Bareham, including the cities of Sherrill and Watertown. The existence of these schemes strengthens the argument that New York City has the authority to create nonpartisan elections. Furthermore, although the Election Law has been recodified since the decision in Bareham, the Bareham analysis applies to the current Election Law. Election Law § 1-102 specifically states that “[w]here a specific provision of law exists in any other law which is inconsistent with the provisions of this chapter, such provision shall apply unless a provision of [the Election Law] specifies that such provision of [the Election Law] shall apply notwithstanding any other provision of law.” There is no existing provision of the Election Law that mandates partisan elections “notwithstanding any other provision of law.” In 1991, New York City’s authority to adopt nonpartisan elections in its Charter was explicitly recognized in City of New York v. New York City Board of Elections, Index No.41450/91 (Sup. Ct., New York Co.), aff’d, __ A.D. 2d __, (1st Dept.), lv. app.den., 77 N.Y.2d 938 (1991). That case concerned the validity of Charter § 25(b)(7), the nonpartisan special election provision for City Council vacancies that was added by the 1988 1 Under MHRL § 10(1), cities have the power to adopt local laws relating to the “powers, duties, qualifications, number, [and] mode of selection . . . of its officers and employees,” provided that such local law is not inconsistent with the State Constitution or any general State law, and provided that the State Legislature has not restricted the adoption of such a local law on a matter of State concern. See MHRL §10(1)(ii)(a)(1) (emphasis added). This provision derives directly from Article IX, § 2(c), of the State Constitution. 2 The Court in Bareham acknowledged that Rochester would not have had the authority to pass a local law inconsistent with the Election Law had that State law been a “general” law, see MHRL §2(5) (general law is one that “in terms and in effect applies alike” to, for example, all cities within the State), but noted that, on its face, the Election Law was instead a “special” law, with which a properly enacted local law could be inconsistent. See MHRL §2(12) (special law is one which “in terms and in effect” applies to, for example, one or more, but not all cities within the State). Commission. In that case, the Board of Elections, despite the new Charter amendment, accepted the party nomination of a candidate and attempted to place that candidate’s name and party affiliation on the ballot in a special election to fill a Council vacancy. The Board of Elections claimed that Election Law § 6-114, which provides that party nominations for an office to be filled at a special election be made in accordance with party rules, preempted the Charter. Relying on Bareham, MHRL § 10, and Election Law § 1-102, the Court ruled that New York City had the right to adopt nonpartisan elections in its Charter, notwithstanding the Election Law. Specifically, the Court held that although the Election Law allowed party labels in elections, “the Election Law gives way to inconsistent local law provisions.” This decision was affirmed unanimously by the Appellate Division, First Department. Indeed, local authority to implement nonpartisan elections for local offices, as identified in Bareham, has never been compromised by the Legislature’s enactment of a general law or an explicitly restrictive special law. Thus, the Election Law may be reasonably construed only to set forth the framework for governing partisan elections for those cities that choose to use them. New York City has held numerous special elections for City Council vacancies. In fact, the entire Council leadership – its Speaker, Majority Leader and Minority Leader, were all elected initially to the Council in a nonpartisan election. In light of Bareham and City of New York, it appears clear that cities in New York State possess the home rule authority to adopt nonpartisan elections by amending their charters. See also Steinberg v. Meisser, 291 N.Y. 685 (1943) (upholding the denial of an injunction against the City of Long Beach placing before the voters a proposed local law amending its charter to provide, inter alia, for nonpartisan elections for City Council). Nonpartisan Elections in New York State Nonpartisan election systems have in existed in New York State for over 80 years. For example, in addition to Rochester, the cities of Sherrill and Watertown have had nonpartisan elections since 1916 and 1920, respectively.3 As discussed above, Rochester attempted to institute nonpartisan elections for its citywide officers by local law, but its legislation was struck down in Bareham because of the law’s failure to cite the provisions of the Election Law that were to be superseded. Following the decision in Bareham, in 1929, Rochester again instituted nonpartisan elections by local law, but this time the law contained the required list of superseded Election Law sections.4 3 19 Other cities in New York that have had nonpartisan primary elections at some point in their history include Buffalo, Saratoga Springs, Long Beach, Jamestown, Mechanicville, Auburn, New Rochelle, Rome, and Batavia. 4 The sections of the then-existing Election Law superseded by Rochester’s law were: 83 (lists of nominations); 84 (publication by Board of Election of nomination lists); 89 (poll-books); 102 (placing names on ballot); 103 (order of names on ballot); 104, 105, 108, 119, 249, 268 (official ballots); 131 (party nominations); 135, 136 (designating petitions); 137 (independent nominations); 138 (declination of designation or nomination); 139 (filling vacancies in The City of Sherrill’s nonpartisan primary system was instituted by the State Legislature in 1916.5 In creating this scheme, the Legislature effectively superseded various provisions of the then-applicable Election Law as it applied to Sherrill.6 At its most basic, Sherrill’s system of nonpartisan elections modified the method by which a candidate qualified for the general election. While the Election Law at that time provided that the candidate who received the most votes in each party’s primary proceeded to the general election, see then- effective Election Law § 89, Sherrill’s nonpartisan system mandated that the two candidates who received the most votes at the nonpartisan primary would run in the general election, regardless of party. 7 The City of Watertown’s nonpartisan primary system was instituted by the State Legislature in 1920.8 Like for Sherrill, the Legislature effectively superseded various provisions of the Election Law as it applied to Watertown.9 The Legislature amended Watertown’s nonpartisan election system in 1993,10 but the basic structure of nonpartisan primary elections remained the same. The amendments merely conformed Watertown’s system to certain administrative requirements of the Election Law and addressed certain administrative details.11 As amended in 1993, Watertown’s legislation effectively superseded various provisions of the modern Election Law. 12 designations and nominations); 140 (times for filing petitions and certificates for holding conventions); 156 (additional meetings for registration); 157 (registration for other than general elections); 204 (challenges at primary elections); 212 (proceedings of inspectors at close of polls); 213, 270 (canvassing vote); 217 (tallying votes); 233 (proclamation of results). 5 Laws of 1916, Chapter 172. 6 In 1985, the Election Law was reenacted into its current form. 7 Sherrill’s legislation varied from numerous sections of the 1916 Election Law. See, e.g., Sections 3 (definition of a primary election); 48 (process to choose candidates for primary election); 49 (filing declaration of candidacy); 58 (party affiliation on ballot); and 79 (when election supplies are to be delivered). 8 Laws of 1920, Chapter 276. 9 Watertown’s 1920 legislation varied from numerous sections of the then-applicable Election Law. See, e.g., 3 (defining primary as a party-based election); 74 (designation of polling places in accordance with political parties); 79 (number of ballots to be provided at election); 89 (two candidates receiving most votes at primary proceed to general election); and 122 (independent nominating petitions). 10 Laws of 1993, Chapter 247. 11 These administrative requirements addressed issues such as the filing and sufficiency of petitions; primary dates; revision and correction of registers of voters; the quality, weight, size, etc., of ballots; and the general conduct and canvassing of elections. The amendments also addressed details regarding the binding of petitions, the equipment to be furnished to the polling locations, the movement of voters between election districts, write-in candidates, and the conduct of general elections. 12 Watertown’s legislation varies from the following sections of the Election Law as it existed in 1993: 1-104 (defining a primary as a party-based election); 2-120 (statement of party positions to EFFECTIVE DATE: Adoption of this local law is subject to permissive referendum at the next general election. If adopted by the voters it would apply to the 2025 Albany city elections at the earliest. FISCAL IMPACT: None. be filled at primary); 4-118 (party designation on notices of primary election); 6-119 and 6-132 (designating petition to include party); 6-128 (first nominations for new party); 6-136 Council Member ___________ introduced the following: ORDINANCE 2.12.21 AN ORDINANCE AUTHORIZING THE MAYOR TO APPOINT PAIGE BARNUM TO THE BOARD OF ZONING APPEALS FOR A TERM OF OFFICE OF TWO YEARS The City of Albany, in Common Council convened, does hereby ordain and enact: Section 1. The Mayor shall have the authority to appoint Paige Barnum to the Board of Zoning Appeals for a term of office of two years. Such authority shall apply only to the appointment of Paige Barnum for a term of office to expire on December 31, 2022, as described in Common Council Resolution 9.12.21R. Section 2. This ordinance shall not otherwise modify or affect the provisions of section 42-360.1(B) of the Code of the City of Albany with regard to any future appointments to the Board of Zoning Appeals. Section 3. This ordinance shall take effect immediately and shall expire upon the passage of Common Council Resolution 9.12.21R. APPROVED AS TO FORM THIS 6TH DAY OF JANUARY, 2021 ________________________________ Corporation Counsel To: Danielle Gillespie, City Clerk From: Brett Williams, Esq., Sr. Assistant Corporation Counsel Re: Request for Common Council Legislation Supporting Memorandum Date: January 6, 2021 SPONSOR Council Member _______ ORDINANCE 2.12.21 TITLE AN ORDINANCE AUTHORIZING THE MAYOR TO APPOINT PAIGE BARNUM TO THE BOARD OF ZONING APPEALS FOR A TERM OF OFFICE OF LESS THAN THREE YEARS GENERAL PURPOSE OF LEGISLATION The Board of Zoning Appeals has seven seats, which are meant to be staggered over three years, such that two terms expire in one year, two in another, and three in the third year. As it currently stands, the terms of Adriana Le Blan, Serena Joyce White-Lake and Jeff Quain will expire at the end of 2021, and the terms of Martin Daley and Ricja Rice-Ghyll will, upon confirmation, expire at the end of 2023. Richard Berkley’s term will expire at the end of 2022. At some point the seat currently held by Paige Barnum was appointed to something other than the three year term required by the Code. Thus, in order to reestablish the proper stagger, Ms. Barnum must be appointed to a two year term so that her term will expire at the end of 2022. This ordinance allows the Mayor to do so. NECESSITY FOR LEGISLATION AND CHANGES TO EXISTING LAW Under Code § 42-360.1(B), “The Mayor shall appoint … Board members to three-year terms.” In other words, the Code does not allow the Mayor to appoint for anything more or less than a three year term. Thus, under the Code as it stands, the Mayor has no power to appoint Paige Barnum to a two year term, as is necessary to reestablish the BZA’s stagger. This ordinance gives the Mayor the authority to appoint for a two year term in this single instance, for this single limited purpose. The ordinance, and thus the Mayor’s power to appoint for a two year term, shall expire once the resolution confirming Ms. Barnum’s appointment is passed. FISCAL IMPACT(S) None. Council Member O’Brien introduced the following: ORDINANCE 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 The City of Albany, in Common Council convened, does hereby ordain and enact: Section 1. Sub-Paragraph (e) of paragraph 3 (General Landscaping Standards) of subdivision (F) (Landscaping, Screening and Buffering) of section 375-4 (Development Standards) is hereby amended to read: (e) Vegetative Coverage Any development or redevelopment site that triggers the requirements of this Section shall ensure that landscaping, screening, and/or buffering achieves at least the equivalent of 30 percent lot coverage by vegetated material to the greatest degree practicable. This shall not include green roofs. Section 2. This ordinance shall take effect immediately. APPROVED AS TO FORM THIS 8TH DAY OF JANUARY, 2021 ________________________________ Corporation Counsel To: Danielle Gillespie, City Clerk From: John-Raphael Pichardo, Esq., Research Counsel Re: Request for Common Council Legislation Supporting Memorandum Date: January 7, 2021 SPONSOR Council Member O’Brien ORDINANCE 3.12.21 TITLE 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 GENERAL PURPOSE OF LEGISLATION Clarifying the USDO to state that Green Roofs shall not be considered in the development standards of Vegetative Coverage. FISCAL IMPACT(S) None. Council Member _______, at the request of the Mayor, introduced the following: Resolution Number 5.12.21R RESOLUTION OF THE COMMON COUNCIL CONSENTING TO THE REAPPOINTMENT OF CHRISTOPHER ELLIS, JR. TO THE CITY OF ALBANY PLANNING BOARD WHEREAS, the Mayor of the City of Albany has, pursuant to the provisions of Article 3 of the City Charter, reappointed Christopher Ellis, Jr. as a member of the City of Albany Planning Board; and WHEREAS, the Common Council must consent to the Mayor’s appointments of members to the Planning Board under Article 3 of the City Charter; NOW, THEREFORE, BE IT RESOLVED, that the Common Council of the City of Albany consents to the reappointment of Christopher Ellis, Jr. to the City of Albany Planning Board for a term of office to expire December 31, 2025. To: Danielle Gillespie, City Clerk From: Brett Williams, Senior Assistant Corporation Counsel Re: Request for Common Council Legislation Supporting Memorandum Date: January 5, 2021 RESOLUTION NUMBER 5.12.21R TITLE RESOLUTION OF THE COMMON COUNCIL CONSENTING TO THE REAPPOINTMENT OF CHRISTOPHER ELLIS, JR. TO THE CITY OF ALBANY PLANNING BOARD GENERAL PURPOSE OF LEGISLATION To reappoint Chris Ellis, Jr. to a term of the Planning Board, which will expire on December 31, 2025. NECESSITY FOR LEGISLATION AND ANY CHANGE TO EXISTING LAW The Common Council must confirm mayoral appointments to the Planning Board pursuant to Section 301(e) of the City of Albany Charter. FISCAL IMPACT(S) None. Council Member _______, at the request of the Mayor, introduced the following: Resolution Number 6.12.21R RESOLUTION OF THE COMMON COUNCIL CONSENTING TO THE REAPPOINTMENT OF MARTIN HULL TO THE CITY OF ALBANY PLANNING BOARD WHEREAS, the Mayor of the City of Albany has, pursuant to the provisions of Article 3 of the City Charter, reappointed Martin Hull as a member of the City of Albany Planning Board; and WHEREAS, the Common Council must consent to the Mayor’s appointments of members to the Planning Board under Article 3 of the City Charter; NOW, THEREFORE, BE IT RESOLVED, that the Common Council of the City of Albany consents to the reappointment of Martin Hull to the City of Albany Planning Board for a term of office to expire December 31, 2024. To: Danielle Gillespie, City Clerk From: Brett Williams, Senior Assistant Corporation Counsel Re: Request for Common Council Legislation Supporting Memorandum Date: January 5, 2021 RESOLUTION NUMBER 6.12.21R TITLE RESOLUTION OF THE COMMON COUNCIL CONSENTING TO THE REAPPOINTMENT OF MARTIN HULL TO THE CITY OF ALBANY PLANNING BOARD GENERAL PURPOSE OF LEGISLATION To reappoint Martin Hull to a term of the Planning Board, which will expire on December 31, 2024. NECESSITY FOR LEGISLATION AND ANY CHANGE TO EXISTING LAW The Common Council must confirm mayoral appointments to the Planning Board pursuant to Section 301(e) of the City of Albany Charter. FISCAL IMPACT(S) None. Council Member _______, at the request of the Mayor, introduced the following: Resolution Number 7.12.21R RESOLUTION OF THE COMMON COUNCIL CONSENTING TO THE REAPPOINTMENT OF MARTIN DALEY TO THE BOARD OF ZONING APPEALS WHEREAS, the Mayor of the City of Albany has, pursuant to the provisions of Article 3 of the City Charter, appointed Martin Daley as a member of the Board of Zoning Appeals; and WHEREAS, the Common Council must consent to the Mayor’s appointments of members to the Board of Zoning Appeals under Article 3 of the City Charter; NOW, THEREFORE, BE IT RESOLVED, that the Common Council of the City of Albany consents to the appointment of Martin Daley to the Board of Zoning Appeals for a term of office to expire December 31, 2023. To: Danielle Gillespie, City Clerk From: Brett Williams, Senior Assistant Corporation Counsel Re: Request for Common Council Legislation Supporting Memorandum Date: January 5, 2021 SPONSOR: Council Member _______, at the request of the Mayor RESOLUTION NUMBER 7.12.21R TITLE RESOLUTION OF THE COMMON COUNCIL CONSENTING TO THE REAPPOINTMENT OF MARTIN DALEY TO THE BOARD OF ZONING APPEALS GENERAL PURPOSE OF LEGISLATION To appoint Martin Daley to a term of the Board of Zoning Appeals set to expire December 31, 2023. NECESSITY FOR LEGISLATION AND ANY CHANGE TO EXISTING LAW The Common Council must confirm mayoral appointments to the BZA pursuant to Section 301(e) of the City of Albany Charter. FISCAL IMPACT(S) None. Council Member _______, at the request of the Mayor, introduced the following: Resolution Number 8.12.21R RESOLUTION OF THE COMMON COUNCIL CONSENTING TO THE REAPPOINTMENT OF RICJA RICE-GHYLL TO THE BOARD OF ZONING APPEALS WHEREAS, the Mayor of the City of Albany has, pursuant to the provisions of Article 3 of the City Charter, appointed Ricja Rice-Ghyll as a member of the Board of Zoning Appeals; and WHEREAS, the Common Council must consent to the Mayor’s appointments of members to the Board of Zoning Appeals under Article 3 of the City Charter; NOW, THEREFORE, BE IT RESOLVED, that the Common Council of the City of Albany consents to the appointment of Ricja Rice-Ghyll to the Board of Zoning Appeals for a term of office to expire December 31, 2023. To: Danielle Gillespie, City Clerk From: Brett Williams, Senior Assistant Corporation Counsel Re: Request for Common Council Legislation Supporting Memorandum Date: January 5, 2021 RESOLUTION NUMBER 8.12.21R TITLE RESOLUTION OF THE COMMON COUNCIL CONSENTING TO THE REAPPOINTMENT OF RICJA RICE-GHYLL TO THE BOARD OF ZONING APPEALS GENERAL PURPOSE OF LEGISLATION To appoint Ricja Rice-Ghyll to a term of the Board of Zoning Appeals set to expire on December 31, 2023. NECESSITY FOR LEGISLATION AND ANY CHANGE TO EXISTING LAW The Common Council must confirm mayoral appointments to the BZA pursuant to Section 301(e) of the City of Albany Charter. FISCAL IMPACT(S) None. Council Member _______, at the request of the Mayor, introduced the following: Resolution Number 9.12.21R RESOLUTION OF THE COMMON COUNCIL CONSENTING TO THE REAPPOINTMENT OF PAIGE BARNUM TO THE BOARD OF ZONING APPEALS WHEREAS, the Mayor of the City of Albany has, pursuant to the provisions of Article 3 of the City Charter, appointed Paige Barnum as a member of the Board of Zoning Appeals; and WHEREAS, the Common Council must consent to the Mayor’s appointments of members to the Board of Zoning Appeals under Article 3 of the City Charter; NOW, THEREFORE, BE IT RESOLVED, that the Common Council of the City of Albany consents to the appointment of Paige Barnum to the Board of Zoning Appeals for a term of office to expire December 31, 2022. To: Danielle Gillespie, City Clerk From: Brett Williams, Senior Assistant Corporation Counsel Re: Request for Common Council Legislation Supporting Memorandum Date: January 5, 2021 RESOLUTION NUMBER 9.12.21R TITLE RESOLUTION OF THE COMMON COUNCIL CONSENTING TO THE REAPPOINTMENT OF PAIGE BARNUM TO THE BOARD OF ZONING APPEALS GENERAL PURPOSE OF LEGISLATION To appoint Paige Barnum to a term of the Board of Zoning Appeals which will expire on December 31, 2022. NECESSITY FOR LEGISLATION AND ANY CHANGE TO EXISTING LAW The Common Council must confirm mayoral appointments to the BZA pursuant to Section 301(e) of the City of Albany Charter. FISCAL IMPACT(S) None. Council Member Flynn and Anane introduced the following: RESOLUTION NUMBER 10.12.21R RESOLUTION OF THE COMMON COUNCIL HONORING THE LIFE AND LEGACY OF HENRY “HANK” LANDAU WHEREAS, Henry “Hank” Landau was born in Albany on June 10, 1929 to James C. Landau, Sr. and Maude Mayer Landau, and later graduated from Philip Schuyler High School in Albany; and WHEREAS, during his Navy service in the Pacific Theater of World War II, Hank participated in two atomic bomb tests at Bikini Atoll in the Marshall Islands; and WHEREAS, after the war Hank was a proud member of the Sheet Metal Worker’s Local Union #84 since 1948 and served on the Union’s Executive Board and Negotiating Committee, and, first, as the Union’s Business Representative beginning in 1960, before becoming Local #83’s President Business Manager in 1967; and WHEREAS, Hank served in a large number of other trade and public service roles throughout his lifetime, including as Vice President of the Metropolitan Association of Sheet Metal Workers; Vice President of the New York State Council of Sheet Metal Workers; President of the New York State Union Label Service Trades; Secretary-Treasurer of the Tri-Cities Building & Construction Trades Council; Chairman of the Board of the Northeastern New York Safety & Health Council; Board Member and Chairman of the Albany Vocational Advisory Council; Board of Directors of the Northeastern New York Alliance of Business; Chairman of the Capital Region Business Promotion Plan; and Board of Directors of the Capital Region Technology Development Council; and WHEREAS, Governor Mario Cuomo appointed Hank to serve on the New York State Public Works Advisory Board; and WHEREAS, Hank was happily married to Carol Landau for 59 years and had five children: Lorelei, Wayne, Eric, Claudia, and Brian, as well as seven grandchildren: Aren, Leanor, Christina, Jennifer, Sarah, Katie, and Riley; and WHEREAS, Henry “Hank” Landau passed away peacefully at the age of 91 on December 30, 2020, surrounded by his family; and WHEREAS it is appropriate and fitting for this body to pause in its deliberations to recognize and honor the work and lifetime achievements of Henry “Hank” Landau; NOW, THEREFORE, BE IT RESOLVED that the Common Council of the City of Albany recognizes Henry Landau for his career of leadership and public service to the residents of the City of Albany; and BE IT FURTHER RESOLVED that the Common Council extends its condolences and sympathies to Hank’s family and friends; and BE IT FURTHER RESOLVED that a copy of this resolution, suitably engrossed, be transmitted to Hank’s family. To: Danielle Gillespie, City Clerk From: Brett Williams, Esq., Senior Assistant Corporation Counsel Re: Common Council Legislation Supporting Memorandum Date: January 6, 2021 SPONSOR Council Member Flynn and Anane RESOLUTION NUMBER 10.12.21R TITLE RESOLUTION OF THE COMMON COUNCIL HONORING THE LIFE AND LEGACY OF HENRY “HANK” LANDAU GENERAL PURPOSE OF LEGISLATION To honor the life and legacy of Henry “Hank” Landau, who passed away on December 30, 2020, after a long life of service. FISCAL IMPACT(S) None. Council Member Kimbrough introduced the following: RESOLUTION NUMBER 11.12.21R RESOLUTION OF THE COMMON COUNCIL ESTABLISHING STANDARD WORK DAYS FOR THE CHIEF CITY AUDITOR AS REQUIRED BY REGULATION 315.4 OF THE NEW YORK STATE COMPTROLLER BE IT RESOLVED, that the Common Council of the City of Albany hereby establishes the following as standard work days for elected and appointed officials and will report the following days worked to the New York State and Local Employees' Retirement System based on the record of activities maintained and submitted by these officials to the clerk of this body: Title Name Standard Term Participates in Days/Month Work Day Begins/Ends Employer’s Time Keeping System (Based on (Hrs/day) Record of (Y/N) Activities) Chief City Auditor Dorcey Applyrs 7.5 01/01/2020-12/31/2021 N 21.98 BE IT FURTHER RESOLVED, that the Human Resources Director submit an adjustment report amending the number of days previously reported to the Retirement System if there is any inconsistency with what was previously reported as the standard workday. TO: Danielle Gillespie, City Clerk FROM: Brett Williams, Senior Assistant Corporation Counsel RE: Request for Common Council Legislation Support Memorandum DATE: January 7, 2021 SPONSOR: Council Member Kimbrough RESOLUTION NUMBER 11.12.21R TITLE RESOLUTION OF THE COMMON COUNCIL ESTABLISHING STANDARD WORK DAYS FOR THE CHIEF CITY AUDITOR AS REQUIRED BY REGULATION 315.4 OF THE NEW YORK STATE COMPTROLLER GENERAL PURPOSE OF LEGISLATION To establish the standard work day for elected officials and to report the average numbers of days per month for retirement reporting as required by the New York State Comptroller. NECESSITY FOR LEGISLATION AND ANY CHANGE TO EXISTING LAW This resolution is required by state regulation for retirement reporting purposes for elected officials. FISCAL IMPACT: None. Council Member Hoey, Conti, Fahey, Kimbrough introduced the following: RESOLUTION NUMBER (MC) Resolution Calling for New York State Department of Transportation to Honor the Stockbridge-Munsee Mohican Nation Mural Agreement WHEREAS, the original Albany International Airport was designed and built by the City of Albany; and, WHEREAS, the Northway Exit 3 project that provided an access ramp to the Albany International Airport that was built on land sacred to three Native American tribes whose ancestors inhabited the area centuries before; and WHEREAS, Exit 3 is on the interstate highway system and was funded with federal money, which makes it subject to Federal Highway Administration (FHWA) oversight and federal regulations. This made the project subject to Section 106 of the National Historic Preservation Act, which requires federal agencies to take into account the effect any major undertaking would have on historic properties; and WHEREAS, the New York State Department of Transportation (DOT) and FHWA determined the land was culturally significant to three federally recognized tribes — Stockbridge- Munsee, St. Regis Mohawk and Delaware, all of whom had ancestral connections to the area — and began negotiating a deal to allow the project to move ahead; and WHEREAS, in 2014, Stockbridge-Munsee and St. Regis Mohawk representatives entered into an agreement with the state and federal transportation agencies. It called for the state to excavate the property for artifacts and consider displaying Native American imagery in the form of murals on the overpass. The murals would be displayed on the overpass' "wing walls," which are the retaining walls on either side of the structure; and WHEREAS, the State developed plans for the Exit 3 site and that in the years 2015-16 the New York State Museum performed archaeological digs and discovered artifacts, including projectile points that perhaps date back as far back as 8,000 B.C. — more than 10,000 years ago; and WHEREAS, DOT Regional Director Sam Zhou wrote in an Oct. 7, 2016 letter "Based on the results of this consultation, the NYSDOT is hereby committing to the Stockbridge Munsee Community Band of Mohican Indians to include the aesthetic treatment that will reference the Native-American heritage and culture on the flyover wing walls as part of the project”; and WHEREAS, more than a year after Exit 3 opened in 2019, and the murals are paid for and printed but have never been installed; and WHEREAS, New York State is now trying to renegotiate the original the original agreement and do not want to place the murals on the overpass despite the objections of the Stockbridge-Munsee Nation; and WHEREAS, there is a long history of agreements with Native Americans being ignored and not honored; NOW, THEREFORE BE IT RESOLVED, that this Common Council of the City of Albany demands that New York State DOT honor the agreement to install the murals and we that we send this resolution asking that our state representatives the Hon. Patricia Fahy, Hon. John McDonald, Hon. Philip Stec, Hon. Neil Breslin and our federal representatives Congressman Paul Tonko and Senator Charles Schumer and Senator Kristin Gillibrand to pursue having the original agreement honored. To: Danielle Gillespie, City Clerk From: John-Raphael Pichardo, Esq., Research Counsel Re: Request for Common Council Legislation Supporting Memorandum Date: SPONSOR Hoey, Conti, Fahey, Kimbrough RESOLUTION NUMBER (MC) TITLE Resolution Calling for New York State Department of Transportation to Honor the Stockbridge-Munsee Mohican Nation Mural Agreement GENERAL PURPOSE OF LEGISLATION Calling on the New York State Department of Transportation to honor the agreement. MESSAGE OF NECESSITY The NYS Department of Transportation and the Tribal Nation are currently in discussions regarding the matter. The matter could be resolved before the resolution is placed on the agenda, however ttime is of the essence in matters like this. FISCAL IMPACT(S) NONE. COMMON COUNCIL OF THE CITY OF ALBANY SUPPORT LEGISLATION JANUARY 21, 2021 LOCAL LAW A of 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 ORDINANCES 2.12.21 AN ORDINANCE AUTHORIZING THE MAYOR TO APPOINT PAIGE BARNUM TO THE BOARD OF ZONING APPEALS FOR A TERM OF OFFICE OF TWO YEARS 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 RESOLUTIONS 5.12.21R RESOLUTION OF THE COMMON COUNCIL CONSENTING TO THE REAPPOINTMENT OF CHRISTOPHER ELLIS, JR TO THE CITY OF ALBANY PLANNING BOARD 6.12.21R RESOLUTION OF THE COMMON COUNCIL CONSENTING TO THE REAPPOINTMENT OF MARTIN HULL TO THE CITY OF ALBANY PLANNING BOARD 7.12.21R RESOLUTION OF THE COMMON COUNCIL CONSENTING TO THE REAPPOINTMENT OF MARTIN DALEY TO THE BOARD OF ZONING APPEALS 8.12.21R RESOLUTION OF THE COMMON COUNCIL CONSENTING TO THE REAPPOINTMENT OF RICJA RICE-GHYLL TO THE BOARD OF ZONING APPEALS 9.12.21R RESOLUTION OF THE COMMON COUNCIL CONSENTING TO THE APPOINTMENT OF PAIGE BARNUM TO THE BOARD OF ZONING APPEALS 10.12.21R RESOLUTION OF THE COMMON COUNCIL HONORING THE LIFE AND LEGACY OF HENRY “HANK” LANDAU 11.12.21R RESOLUTION OF THE COMMON COUNCIL ESTABLISHING STANDARD WORK DAYS FOR THE CHIEF CITY AUDITOR AS REQUIRED BY REGULATION 315.4 OF THE NEW YORK STATE COMPTROLLER Council Member Conti introduced the following: 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 Be it enacted by the Common Council of the City of Albany as follows: Section 1. Section 202 of the Charter of the City of Albany is hereby amended to read as follows: SECTION 202. CONTINUOUS TERMS. NONPARTISAN ELECTION OF CITY OFFICERS. Except where otherwise stated in this Charter, the regular election of the Mayor, Comptroller, Treasurer, President of the Common Council and each “Council member” shall be held every four years; existing terms shall continue uninterrupted by this Charter. Elections for city offices shall be nonpartisan. Candidates for office shall not be nominated by political parties but shall obtain access to the ballot at the general election through the process outlined in Article 6 of the NYS Election Law for independent nominating petitions. All ballots for the election of city officers shall not contain a party mark or designation. City elections shall be conducted in the same manner as provided by the NYS Election Law except as herein otherwise provided and all provisions of law relating to the conduct of general elections not inconsistent with the provisions of this section shall apply. At the close of each election the election officers shall proceed to count and canvass the votes cast in the manner provided by the Election Law. Section 2. This section is enacted pursuant to the Municipal Home Rule Law. This section shall supersede the provisions of Election Law to the extent it is inconsistent with the same, and to the extent permitted by the New York State Constitution, the Municipal Home Rule Law, or any other applicable statute. Section 3. This local law shall take effect upon final passage, public hearing and approval of the electors at a general election of state or local government officers held not less than sixty days after the adoption of this local law. It shall apply to the next succeeding election of city officers after adoption. APPROVED AS TO FORM THIS 6TH DAY OF JANUARY, 2020 ______________________________ Corporation Counsel To: Danielle Gillespie, City Clerk From: Council Member Conti Re: Request for Common Council Legislation Supporting Memorandum Date: January 6, 2021 LOCAL LAW A-2021 SPONSOR(S): Council Member Conti TITLE 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 GENERAL PURPOSE OF LEGISLATION To provide that elections for city elective office shall be held on a nonpartisan basis. This local law amends Sec. 202 of the city charter to provide that city elections shall be nonpartisan. Candidates for all city offices would obtain access to the ballot by an independent nominating petition. All candidates would be elected at the general election in November and partisan primaries would no longer be held for city office. NECESSITY FOR LEGISLATION AND ANY CHANGE TO EXISTING LAW Nonpartisan elections benefits voters and allows citizens increased access to the ballot. There’s been a decline in the number of voters registering with political parties, especially among younger voters, immigrants and mobile populations. Primaries within political parties reduce their opportunity to choose candidates. In Albany, many Democratic candidates win the primary with a small percentage of the vote and in many cases winning the primary results in winning the general election or running unopposed. Nonpartisan elections can bring citizens more of an opportunity to participate in the electoral process and elect the candidate of their choosing. According to the National League of Cities over three-quarters of all municipalities in the United States have nonpartisan elections including 41 of the 50 largest cities. Among those with non- partisan elections are: Los Angeles, Chicago, Phoenix, San Antonio, Dallas, San Diego, San Jose, Detroit, San Francisco, Jacksonville, Austin, Columbus, Fort Worth, Memphis, Boston, El Paso, Milwaukee, Denver, Seattle, Nashville, Las Vegas, and Portland (OR). New York City holds non- partisan elections for special elections to fill vacancies in city elective offices. This amendment would expand voter enfranchisement by expanding the electoral base to include the growing number of non-affiliated voters as well as voters enrolled in other parties. In 2003, a legal analysis of the authority of municipalities in New York State was conducted for the New York City Charter Review Commission. An excerpt of that analysis follows here: State Law Issues The City’s authority to enact local legislation creating nonpartisan elections for local offices derives from Article IX of the New York State Constitution and Section 10 of the Municipal Home Rule Law (“MHRL”).1 In Bareham v. City of Rochester, 246 N.Y. 140 (1927), the Court of Appeals considered whether Rochester had the authority, under the State’s home rule provisions, to adopt nonpartisan elections in light of the inconsistent provisions of the Election Law. Although the Court struck down the Rochester law at issue because of its technical failure to cite the Election Law provisions that were being superseded, it nonetheless held that cities in New York State possess the authority to establish nonpartisan election systems.2 As discussed more fully below, several cities in New York State continued to use nonpartisan election schemes for some time after the decision in Bareham, including the cities of Sherrill and Watertown. The existence of these schemes strengthens the argument that New York City has the authority to create nonpartisan elections. Furthermore, although the Election Law has been recodified since the decision in Bareham, the Bareham analysis applies to the current Election Law. Election Law § 1-102 specifically states that “[w]here a specific provision of law exists in any other law which is inconsistent with the provisions of this chapter, such provision shall apply unless a provision of [the Election Law] specifies that such provision of [the Election Law] shall apply notwithstanding any other provision of law.” There is no existing provision of the Election Law that mandates partisan elections “notwithstanding any other provision of law.” In 1991, New York City’s authority to adopt nonpartisan elections in its Charter was explicitly recognized in City of New York v. New York City Board of Elections, Index No.41450/91 (Sup. Ct., New York Co.), aff’d, __ A.D. 2d __, (1st Dept.), lv. app.den., 77 N.Y.2d 938 (1991). That case concerned the validity of Charter § 25(b)(7), the nonpartisan special election provision for City Council vacancies that was added by the 1988 1 Under MHRL § 10(1), cities have the power to adopt local laws relating to the “powers, duties, qualifications, number, [and] mode of selection . . . of its officers and employees,” provided that such local law is not inconsistent with the State Constitution or any general State law, and provided that the State Legislature has not restricted the adoption of such a local law on a matter of State concern. See MHRL §10(1)(ii)(a)(1) (emphasis added). This provision derives directly from Article IX, § 2(c), of the State Constitution. 2 The Court in Bareham acknowledged that Rochester would not have had the authority to pass a local law inconsistent with the Election Law had that State law been a “general” law, see MHRL §2(5) (general law is one that “in terms and in effect applies alike” to, for example, all cities within the State), but noted that, on its face, the Election Law was instead a “special” law, with which a properly enacted local law could be inconsistent. See MHRL §2(12) (special law is one which “in terms and in effect” applies to, for example, one or more, but not all cities within the State). Commission. In that case, the Board of Elections, despite the new Charter amendment, accepted the party nomination of a candidate and attempted to place that candidate’s name and party affiliation on the ballot in a special election to fill a Council vacancy. The Board of Elections claimed that Election Law § 6-114, which provides that party nominations for an office to be filled at a special election be made in accordance with party rules, preempted the Charter. Relying on Bareham, MHRL § 10, and Election Law § 1-102, the Court ruled that New York City had the right to adopt nonpartisan elections in its Charter, notwithstanding the Election Law. Specifically, the Court held that although the Election Law allowed party labels in elections, “the Election Law gives way to inconsistent local law provisions.” This decision was affirmed unanimously by the Appellate Division, First Department. Indeed, local authority to implement nonpartisan elections for local offices, as identified in Bareham, has never been compromised by the Legislature’s enactment of a general law or an explicitly restrictive special law. Thus, the Election Law may be reasonably construed only to set forth the framework for governing partisan elections for those cities that choose to use them. New York City has held numerous special elections for City Council vacancies. In fact, the entire Council leadership – its Speaker, Majority Leader and Minority Leader, were all elected initially to the Council in a nonpartisan election. In light of Bareham and City of New York, it appears clear that cities in New York State possess the home rule authority to adopt nonpartisan elections by amending their charters. See also Steinberg v. Meisser, 291 N.Y. 685 (1943) (upholding the denial of an injunction against the City of Long Beach placing before the voters a proposed local law amending its charter to provide, inter alia, for nonpartisan elections for City Council). Nonpartisan Elections in New York State Nonpartisan election systems have in existed in New York State for over 80 years. For example, in addition to Rochester, the cities of Sherrill and Watertown have had nonpartisan elections since 1916 and 1920, respectively.3 As discussed above, Rochester attempted to institute nonpartisan elections for its citywide officers by local law, but its legislation was struck down in Bareham because of the law’s failure to cite the provisions of the Election Law that were to be superseded. Following the decision in Bareham, in 1929, Rochester again instituted nonpartisan elections by local law, but this time the law contained the required list of superseded Election Law sections.4 3 19 Other cities in New York that have had nonpartisan primary elections at some point in their history include Buffalo, Saratoga Springs, Long Beach, Jamestown, Mechanicville, Auburn, New Rochelle, Rome, and Batavia. 4 The sections of the then-existing Election Law superseded by Rochester’s law were: 83 (lists of nominations); 84 (publication by Board of Election of nomination lists); 89 (poll-books); 102 (placing names on ballot); 103 (order of names on ballot); 104, 105, 108, 119, 249, 268 (official ballots); 131 (party nominations); 135, 136 (designating petitions); 137 (independent nominations); 138 (declination of designation or nomination); 139 (filling vacancies in The City of Sherrill’s nonpartisan primary system was instituted by the State Legislature in 1916.5 In creating this scheme, the Legislature effectively superseded various provisions of the then-applicable Election Law as it applied to Sherrill.6 At its most basic, Sherrill’s system of nonpartisan elections modified the method by which a candidate qualified for the general election. While the Election Law at that time provided that the candidate who received the most votes in each party’s primary proceeded to the general election, see then- effective Election Law § 89, Sherrill’s nonpartisan system mandated that the two candidates who received the most votes at the nonpartisan primary would run in the general election, regardless of party. 7 The City of Watertown’s nonpartisan primary system was instituted by the State Legislature in 1920.8 Like for Sherrill, the Legislature effectively superseded various provisions of the Election Law as it applied to Watertown.9 The Legislature amended Watertown’s nonpartisan election system in 1993,10 but the basic structure of nonpartisan primary elections remained the same. The amendments merely conformed Watertown’s system to certain administrative requirements of the Election Law and addressed certain administrative details.11 As amended in 1993, Watertown’s legislation effectively superseded various provisions of the modern Election Law. 12 designations and nominations); 140 (times for filing petitions and certificates for holding conventions); 156 (additional meetings for registration); 157 (registration for other than general elections); 204 (challenges at primary elections); 212 (proceedings of inspectors at close of polls); 213, 270 (canvassing vote); 217 (tallying votes); 233 (proclamation of results). 5 Laws of 1916, Chapter 172. 6 In 1985, the Election Law was reenacted into its current form. 7 Sherrill’s legislation varied from numerous sections of the 1916 Election Law. See, e.g., Sections 3 (definition of a primary election); 48 (process to choose candidates for primary election); 49 (filing declaration of candidacy); 58 (party affiliation on ballot); and 79 (when election supplies are to be delivered). 8 Laws of 1920, Chapter 276. 9 Watertown’s 1920 legislation varied from numerous sections of the then-applicable Election Law. See, e.g., 3 (defining primary as a party-based election); 74 (designation of polling places in accordance with political parties); 79 (number of ballots to be provided at election); 89 (two candidates receiving most votes at primary proceed to general election); and 122 (independent nominating petitions). 10 Laws of 1993, Chapter 247. 11 These administrative requirements addressed issues such as the filing and sufficiency of petitions; primary dates; revision and correction of registers of voters; the quality, weight, size, etc., of ballots; and the general conduct and canvassing of elections. The amendments also addressed details regarding the binding of petitions, the equipment to be furnished to the polling locations, the movement of voters between election districts, write-in candidates, and the conduct of general elections. 12 Watertown’s legislation varies from the following sections of the Election Law as it existed in 1993: 1-104 (defining a primary as a party-based election); 2-120 (statement of party positions to EFFECTIVE DATE: Adoption of this local law is subject to permissive referendum at the next general election. If adopted by the voters it would apply to the 2025 Albany city elections at the earliest. FISCAL IMPACT: None. be filled at primary); 4-118 (party designation on notices of primary election); 6-119 and 6-132 (designating petition to include party); 6-128 (first nominations for new party); 6-136 Council Member ___________ introduced the following: ORDINANCE 2.12.21 AN ORDINANCE AUTHORIZING THE MAYOR TO APPOINT PAIGE BARNUM TO THE BOARD OF ZONING APPEALS FOR A TERM OF OFFICE OF TWO YEARS The City of Albany, in Common Council convened, does hereby ordain and enact: Section 1. The Mayor shall have the authority to appoint Paige Barnum to the Board of Zoning Appeals for a term of office of two years. Such authority shall apply only to the appointment of Paige Barnum for a term of office to expire on December 31, 2022, as described in Common Council Resolution 9.12.21R. Section 2. This ordinance shall not otherwise modify or affect the provisions of section 42-360.1(B) of the Code of the City of Albany with regard to any future appointments to the Board of Zoning Appeals. Section 3. This ordinance shall take effect immediately and shall expire upon the passage of Common Council Resolution 9.12.21R. APPROVED AS TO FORM THIS 6TH DAY OF JANUARY, 2021 ________________________________ Corporation Counsel To: Danielle Gillespie, City Clerk From: Brett Williams, Esq., Sr. Assistant Corporation Counsel Re: Request for Common Council Legislation Supporting Memorandum Date: January 6, 2021 SPONSOR Council Member _______ ORDINANCE 2.12.21 TITLE AN ORDINANCE AUTHORIZING THE MAYOR TO APPOINT PAIGE BARNUM TO THE BOARD OF ZONING APPEALS FOR A TERM OF OFFICE OF LESS THAN THREE YEARS GENERAL PURPOSE OF LEGISLATION The Board of Zoning Appeals has seven seats, which are meant to be staggered over three years, such that two terms expire in one year, two in another, and three in the third year. As it currently stands, the terms of Adriana Le Blan, Serena Joyce White-Lake and Jeff Quain will expire at the end of 2021, and the terms of Martin Daley and Ricja Rice-Ghyll will, upon confirmation, expire at the end of 2023. Richard Berkley’s term will expire at the end of 2022. At some point the seat currently held by Paige Barnum was appointed to something other than the three year term required by the Code. Thus, in order to reestablish the proper stagger, Ms. Barnum must be appointed to a two year term so that her term will expire at the end of 2022. This ordinance allows the Mayor to do so. NECESSITY FOR LEGISLATION AND CHANGES TO EXISTING LAW Under Code § 42-360.1(B), “The Mayor shall appoint … Board members to three-year terms.” In other words, the Code does not allow the Mayor to appoint for anything more or less than a three year term. Thus, under the Code as it stands, the Mayor has no power to appoint Paige Barnum to a two year term, as is necessary to reestablish the BZA’s stagger. This ordinance gives the Mayor the authority to appoint for a two year term in this single instance, for this single limited purpose. The ordinance, and thus the Mayor’s power to appoint for a two year term, shall expire once the resolution confirming Ms. Barnum’s appointment is passed. FISCAL IMPACT(S) None. Council Member O’Brien introduced the following: ORDINANCE 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 The City of Albany, in Common Council convened, does hereby ordain and enact: Section 1. Sub-Paragraph (e) of paragraph 3 (General Landscaping Standards) of subdivision (F) (Landscaping, Screening and Buffering) of section 375-4 (Development Standards) is hereby amended to read: (e) Vegetative Coverage Any development or redevelopment site that triggers the requirements of this Section shall ensure that landscaping, screening, and/or buffering achieves at least the equivalent of 30 percent lot coverage by vegetated material to the greatest degree practicable. This shall not include green roofs. Section 2. This ordinance shall take effect immediately. APPROVED AS TO FORM THIS 8TH DAY OF JANUARY, 2021 ________________________________ Corporation Counsel To: Danielle Gillespie, City Clerk From: John-Raphael Pichardo, Esq., Research Counsel Re: Request for Common Council Legislation Supporting Memorandum Date: January 7, 2021 SPONSOR Council Member O’Brien ORDINANCE 3.12.21 TITLE 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 GENERAL PURPOSE OF LEGISLATION Clarifying the USDO to state that Green Roofs shall not be considered in the development standards of Vegetative Coverage. FISCAL IMPACT(S) None. Council Member _______, at the request of the Mayor, introduced the following: Resolution Number 5.12.21R RESOLUTION OF THE COMMON COUNCIL CONSENTING TO THE REAPPOINTMENT OF CHRISTOPHER ELLIS, JR. TO THE CITY OF ALBANY PLANNING BOARD WHEREAS, the Mayor of the City of Albany has, pursuant to the provisions of Article 3 of the City Charter, reappointed Christopher Ellis, Jr. as a member of the City of Albany Planning Board; and WHEREAS, the Common Council must consent to the Mayor’s appointments of members to the Planning Board under Article 3 of the City Charter; NOW, THEREFORE, BE IT RESOLVED, that the Common Council of the City of Albany consents to the reappointment of Christopher Ellis, Jr. to the City of Albany Planning Board for a term of office to expire December 31, 2025. To: Danielle Gillespie, City Clerk From: Brett Williams, Senior Assistant Corporation Counsel Re: Request for Common Council Legislation Supporting Memorandum Date: January 5, 2021 RESOLUTION NUMBER 5.12.21R TITLE RESOLUTION OF THE COMMON COUNCIL CONSENTING TO THE REAPPOINTMENT OF CHRISTOPHER ELLIS, JR. TO THE CITY OF ALBANY PLANNING BOARD GENERAL PURPOSE OF LEGISLATION To reappoint Chris Ellis, Jr. to a term of the Planning Board, which will expire on December 31, 2025. NECESSITY FOR LEGISLATION AND ANY CHANGE TO EXISTING LAW The Common Council must confirm mayoral appointments to the Planning Board pursuant to Section 301(e) of the City of Albany Charter. FISCAL IMPACT(S) None. Council Member _______, at the request of the Mayor, introduced the following: Resolution Number 6.12.21R RESOLUTION OF THE COMMON COUNCIL CONSENTING TO THE REAPPOINTMENT OF MARTIN HULL TO THE CITY OF ALBANY PLANNING BOARD WHEREAS, the Mayor of the City of Albany has, pursuant to the provisions of Article 3 of the City Charter, reappointed Martin Hull as a member of the City of Albany Planning Board; and WHEREAS, the Common Council must consent to the Mayor’s appointments of members to the Planning Board under Article 3 of the City Charter; NOW, THEREFORE, BE IT RESOLVED, that the Common Council of the City of Albany consents to the reappointment of Martin Hull to the City of Albany Planning Board for a term of office to expire December 31, 2024. To: Danielle Gillespie, City Clerk From: Brett Williams, Senior Assistant Corporation Counsel Re: Request for Common Council Legislation Supporting Memorandum Date: January 5, 2021 RESOLUTION NUMBER 6.12.21R TITLE RESOLUTION OF THE COMMON COUNCIL CONSENTING TO THE REAPPOINTMENT OF MARTIN HULL TO THE CITY OF ALBANY PLANNING BOARD GENERAL PURPOSE OF LEGISLATION To reappoint Martin Hull to a term of the Planning Board, which will expire on December 31, 2024. NECESSITY FOR LEGISLATION AND ANY CHANGE TO EXISTING LAW The Common Council must confirm mayoral appointments to the Planning Board pursuant to Section 301(e) of the City of Albany Charter. FISCAL IMPACT(S) None. Council Member _______, at the request of the Mayor, introduced the following: Resolution Number 7.12.21R RESOLUTION OF THE COMMON COUNCIL CONSENTING TO THE REAPPOINTMENT OF MARTIN DALEY TO THE BOARD OF ZONING APPEALS WHEREAS, the Mayor of the City of Albany has, pursuant to the provisions of Article 3 of the City Charter, appointed Martin Daley as a member of the Board of Zoning Appeals; and WHEREAS, the Common Council must consent to the Mayor’s appointments of members to the Board of Zoning Appeals under Article 3 of the City Charter; NOW, THEREFORE, BE IT RESOLVED, that the Common Council of the City of Albany consents to the appointment of Martin Daley to the Board of Zoning Appeals for a term of office to expire December 31, 2023. To: Danielle Gillespie, City Clerk From: Brett Williams, Senior Assistant Corporation Counsel Re: Request for Common Council Legislation Supporting Memorandum Date: January 5, 2021 SPONSOR: Council Member _______, at the request of the Mayor RESOLUTION NUMBER 7.12.21R TITLE RESOLUTION OF THE COMMON COUNCIL CONSENTING TO THE REAPPOINTMENT OF MARTIN DALEY TO THE BOARD OF ZONING APPEALS GENERAL PURPOSE OF LEGISLATION To appoint Martin Daley to a term of the Board of Zoning Appeals set to expire December 31, 2023. NECESSITY FOR LEGISLATION AND ANY CHANGE TO EXISTING LAW The Common Council must confirm mayoral appointments to the BZA pursuant to Section 301(e) of the City of Albany Charter. FISCAL IMPACT(S) None. Council Member _______, at the request of the Mayor, introduced the following: Resolution Number 8.12.21R RESOLUTION OF THE COMMON COUNCIL CONSENTING TO THE REAPPOINTMENT OF RICJA RICE-GHYLL TO THE BOARD OF ZONING APPEALS WHEREAS, the Mayor of the City of Albany has, pursuant to the provisions of Article 3 of the City Charter, appointed Ricja Rice-Ghyll as a member of the Board of Zoning Appeals; and WHEREAS, the Common Council must consent to the Mayor’s appointments of members to the Board of Zoning Appeals under Article 3 of the City Charter; NOW, THEREFORE, BE IT RESOLVED, that the Common Council of the City of Albany consents to the appointment of Ricja Rice-Ghyll to the Board of Zoning Appeals for a term of office to expire December 31, 2023. To: Danielle Gillespie, City Clerk From: Brett Williams, Senior Assistant Corporation Counsel Re: Request for Common Council Legislation Supporting Memorandum Date: January 5, 2021 RESOLUTION NUMBER 8.12.21R TITLE RESOLUTION OF THE COMMON COUNCIL CONSENTING TO THE REAPPOINTMENT OF RICJA RICE-GHYLL TO THE BOARD OF ZONING APPEALS GENERAL PURPOSE OF LEGISLATION To appoint Ricja Rice-Ghyll to a term of the Board of Zoning Appeals set to expire on December 31, 2023. NECESSITY FOR LEGISLATION AND ANY CHANGE TO EXISTING LAW The Common Council must confirm mayoral appointments to the BZA pursuant to Section 301(e) of the City of Albany Charter. FISCAL IMPACT(S) None. Council Member _______, at the request of the Mayor, introduced the following: Resolution Number 9.12.21R RESOLUTION OF THE COMMON COUNCIL CONSENTING TO THE REAPPOINTMENT OF PAIGE BARNUM TO THE BOARD OF ZONING APPEALS WHEREAS, the Mayor of the City of Albany has, pursuant to the provisions of Article 3 of the City Charter, appointed Paige Barnum as a member of the Board of Zoning Appeals; and WHEREAS, the Common Council must consent to the Mayor’s appointments of members to the Board of Zoning Appeals under Article 3 of the City Charter; NOW, THEREFORE, BE IT RESOLVED, that the Common Council of the City of Albany consents to the appointment of Paige Barnum to the Board of Zoning Appeals for a term of office to expire December 31, 2022. To: Danielle Gillespie, City Clerk From: Brett Williams, Senior Assistant Corporation Counsel Re: Request for Common Council Legislation Supporting Memorandum Date: January 5, 2021 RESOLUTION NUMBER 9.12.21R TITLE RESOLUTION OF THE COMMON COUNCIL CONSENTING TO THE REAPPOINTMENT OF PAIGE BARNUM TO THE BOARD OF ZONING APPEALS GENERAL PURPOSE OF LEGISLATION To appoint Paige Barnum to a term of the Board of Zoning Appeals which will expire on December 31, 2022. NECESSITY FOR LEGISLATION AND ANY CHANGE TO EXISTING LAW The Common Council must confirm mayoral appointments to the BZA pursuant to Section 301(e) of the City of Albany Charter. FISCAL IMPACT(S) None. Council Member Flynn and Anane introduced the following: RESOLUTION NUMBER 10.12.21R RESOLUTION OF THE COMMON COUNCIL HONORING THE LIFE AND LEGACY OF HENRY “HANK” LANDAU WHEREAS, Henry “Hank” Landau was born in Albany on June 10, 1929 to James C. Landau, Sr. and Maude Mayer Landau, and later graduated from Philip Schuyler High School in Albany; and WHEREAS, during his Navy service in the Pacific Theater of World War II, Hank participated in two atomic bomb tests at Bikini Atoll in the Marshall Islands; and WHEREAS, after the war Hank was a proud member of the Sheet Metal Worker’s Local Union #83 since 1948 and served on the Union’s Executive Board and Negotiating Committee, and, first, as the Union’s Business Representative beginning in 1960, before becoming Local #83’s President Business Manager in 1967; and WHEREAS, Hank served in a large number of other trade and public service roles throughout his lifetime, including as Vice President of the Metropolitan Association of Sheet Metal Workers; Vice President of the New York State Council of Sheet Metal Workers; President of the New York State Union Label Service Trades; Secretary-Treasurer of the Tri-Cities Building & Construction Trades Council; Chairman of the Board of the Northeastern New York Safety & Health Council; Board Member and Chairman of the Albany Vocational Advisory Council; Board of Directors of the Northeastern New York Alliance of Business; Chairman of the Capital Region Business Promotion Plan; and Board of Directors of the Capital Region Technology Development Council; and WHEREAS, Governor Mario Cuomo appointed Hank to serve on the New York State Public Works Advisory Board; and WHEREAS, Hank was happily married to Carol Landau for 59 years and had five children: Lorelei, Wayne, Eric, Claudia, and Brian, as well as seven grandchildren: Aren, Leanor, Christina, Jennifer, Sarah, Katie, and Riley; and WHEREAS, Henry “Hank” Landau passed away peacefully at the age of 91 on December 30, 2020, surrounded by his family; and WHEREAS it is appropriate and fitting for this body to pause in its deliberations to recognize and honor the work and lifetime achievements of Henry “Hank” Landau; NOW, THEREFORE, BE IT RESOLVED that the Common Council of the City of Albany recognizes Henry Landau for his career of leadership and public service to the residents of the City of Albany; and BE IT FURTHER RESOLVED that the Common Council extends its condolences and sympathies to Hank’s family and friends; and BE IT FURTHER RESOLVED that a copy of this resolution, suitably engrossed, be transmitted to Hank’s family. To: Danielle Gillespie, City Clerk From: Brett Williams, Esq., Senior Assistant Corporation Counsel Re: Common Council Legislation Supporting Memorandum Date: January 6, 2021 SPONSOR Council Member Flynn and Anane RESOLUTION NUMBER 10.12.21R TITLE RESOLUTION OF THE COMMON COUNCIL HONORING THE LIFE AND LEGACY OF HENRY “HANK” LANDAU GENERAL PURPOSE OF LEGISLATION To honor the life and legacy of Henry “Hank” Landau, who passed away on December 30, 2020, after a long life of service. FISCAL IMPACT(S) None. Council Member Kimbrough introduced the following: RESOLUTION NUMBER 11.12.21R RESOLUTION OF THE COMMON COUNCIL ESTABLISHING STANDARD WORK DAYS FOR THE CHIEF CITY AUDITOR AS REQUIRED BY REGULATION 315.4 OF THE NEW YORK STATE COMPTROLLER BE IT RESOLVED, that the Common Council of the City of Albany hereby establishes the following as standard work days for elected and appointed officials and will report the following days worked to the New York State and Local Employees' Retirement System based on the record of activities maintained and submitted by these officials to the clerk of this body: Title Name Standard Term Participates in Days/Month Work Day Begins/Ends Employer’s Time Keeping System (Based on (Hrs/day) Record of (Y/N) Activities) Chief City Auditor Dorcey Applyrs 7.5 01/01/2020-12/31/2021 N 21.98 BE IT FURTHER RESOLVED, that the Human Resources Director submit an adjustment report amending the number of days previously reported to the Retirement System if there is any inconsistency with what was previously reported as the standard workday. TO: Danielle Gillespie, City Clerk FROM: Brett Williams, Senior Assistant Corporation Counsel RE: Request for Common Council Legislation Support Memorandum DATE: January 7, 2021 SPONSOR: Council Member Kimbrough RESOLUTION NUMBER 11.12.21R TITLE RESOLUTION OF THE COMMON COUNCIL ESTABLISHING STANDARD WORK DAYS FOR THE CHIEF CITY AUDITOR AS REQUIRED BY REGULATION 315.4 OF THE NEW YORK STATE COMPTROLLER GENERAL PURPOSE OF LEGISLATION To establish the standard work day for elected officials and to report the average numbers of days per month for retirement reporting as required by the New York State Comptroller. NECESSITY FOR LEGISLATION AND ANY CHANGE TO EXISTING LAW This resolution is required by state regulation for retirement reporting purposes for elected officials. FISCAL IMPACT: None. Council Member Anane introduced the following: RESOLUTION NUMBER 1.11.21R RESOLUTION OF THE COMMON COUNCIL TO ENCOURAGING A COMMUNITY CONVERSATION ON CHANGES TO THE FLAG OF THE CITY OF ALBANY WHEREAS, the current flag of Albany has remained unchanged for the last 111 years; and WHEREAS, the current flag of Albany is based on the Prince's Flag of the Netherlands, which has been co-opted by white supremacist groups and shares similarities to the flag of apartheid-era South Africa; and WHEREAS, many residents have noted the inherent hypocrisy of being a city that celebrates diversity while displaying a flag that seemingly harkens back to a time in our city's history where white supremacy was an acceptable norm; and WHEREAS, it has been noted by critics that the current flag does not fully adhere to the principles of good flag design which, according to the North American Vexillological Association, calls for a flag to use no more than three basic colors, contain no lettering or seals, be distinctive from other flags, and be so simple that a child could draw it from memory; and NOW, THEREFORE, BE IT RESOLVED, that the City of Albany Common Council hereby encourages a community conversation for a new flag of the City of Albany which incorporates the basic principles of good flag design and reflects the present values of the City of Albany. To: Danielle Gillespie, City Clerk From: John-Raphael Pichardo, Esq., Research Counsel Re: Request for Common Council Legislation Supporting Memorandum Date: December 16, 2020 SPONSOR Council Member Anane RESOLUTION NUMBER 1.11.21.R TITLE RESOLUTION OF THE COMMON COUNCIL TO ENCOURAGING A COMMUNITY CONVERSATION ON CHANGES TO THE FLAG OF THE CITY OF ALBANY GENERAL PURPOSE OF LEGISLATION To encourage a community conversation on changes to the flag of the City of Albany. NECESSITY FOR LEGISLATION AND ANY CHANGE TO EXISTING LAW Many residents have noted the inherent hypocrisy of being a city that celebrates diversity while displaying a flag that seemingly harkens back to a time in our city's history where white supremacy was an acceptable norm. This legislation would start the process of changing the flag. FISCAL IMPACT(S) None. Council Member Hoey, Conti, Doesschate, Fahey, Kimbrough, O’Brien introduced the following: RESOLUTION NUMBER 12.12.21R (MC) Resolution Calling for New York State Department of Transportation to Honor the Stockbridge-Munsee Mohican Nation Mural Agreement WHEREAS, the original Albany International Airport was designed and built by the City of Albany; and, WHEREAS, the Northway Exit 3 project that provided an access ramp to the Albany International Airport was built on land sacred to three Native American tribes whose ancestors inhabited the area centuries before; and WHEREAS, Exit 3 is on the interstate highway system and was funded with federal money, which makes it subject to Federal Highway Administration (FHWA) oversight and federal regulations. This made the project subject to Section 106 of the National Historic Preservation Act, which requires federal agencies to take into account the effect any major undertaking would have on historic properties; and WHEREAS, the New York State Department of Transportation (DOT) and FHWA determined the land was culturally significant to three federally recognized tribes – Stockbridge- Munsee, St. Regis Mohawk and Delaware, all of whom had ancestral connections to the area – and began negotiating a deal to allow the project to move ahead; and WHEREAS, in 2014, Stockbridge-Munsee and St. Regis Mohawk representatives entered into an agreement with the state and federal transportation agencies. It called for the state to excavate the property for artifacts and consider displaying Native American imagery in the form of murals on the overpass. The murals would be displayed on the overpass’s "wing walls," which are the retaining walls on either side of the structure; and WHEREAS, the State developed plans for the Exit 3 site and in the years 2015 and 16 the New York State Museum performed archaeological digs and discovered artifacts, including projectile points that perhaps date back as far back as 8,000 B.C. – more than 10,000 years ago; and WHEREAS, DOT Regional Director Sam Zhou wrote, in an Oct. 7, 2016 letter, "Based on the results of this consultation, the NYSDOT is hereby committing to the Stockbridge Munsee Community Band of Mohican Indians to include the aesthetic treatment that will reference the Native-American heritage and culture on the flyover wing walls as part of the project”; and WHEREAS, more than a year after Exit 3 opened in 2019, the murals are paid for and printed but have never been installed; and WHEREAS, New York State is now trying to renegotiate the original agreement and does not want to place the murals on the overpass despite the objections of the Stockbridge-Munsee Nation; and WHEREAS, there is a long history of agreements with Native Americans being ignored and not honored; NOW, THEREFORE BE IT RESOLVED, that this Common Council of the City of Albany demands that New York State DOT honor the agreement to install the murals; and BE IT FURTHER RESOLVED that we send this resolution asking that our state representatives, the Hon. Patricia Fahy, Hon. John McDonald, Hon. Philip Steck, Hon. Neil Breslin and our federal representatives Congressman Paul Tonko and Senator Charles Schumer and Senator Kristin Gillibrand pursue having the original agreement honored. To: Danielle Gillespie, City Clerk From: John-Raphael Pichardo, Esq., Research Counsel Re: Request for Common Council Legislation Supporting Memorandum Date: SPONSOR Council Members Hoey, Conti, Doesschate, Fahey, Kimbrough, O’Brien RESOLUTION NUMBER 12.12.21R (MC) TITLE Resolution Calling for New York State Department of Transportation to Honor the Stockbridge- Munsee Mohican Nation Mural Agreement GENERAL PURPOSE OF LEGISLATION Calling on the New York State Department of Transportation to honor the agreement. MESSAGE OF NECESSITY The NYS Department of Transportation and the Tribal Nation are currently in discussions regarding the matter. The matter could be resolved before the resolution is placed on the agenda, however time is of the essence in matters like this. FISCAL IMPACT(S) NONE. MINUTES OF CAUCUS THURSDAY, January 21, 2021 The Common Council was convened at 6:30 p.m. and was called to order by President Pro Tem Kimbrough. This meeting was held following Governor Cuomo’s executive order 202.1. It live streamed on Facebook using Zoom as the meeting platform. Members Present: Anane, Balarin, Conti, Fahey, Farrell, Flynn, Frederick, Hoey, Igoe, Johnson, Kimbrough, Love, O’Brien and President Ellis. Staff Present: Danielle Gillespie, John-Raphael Pichardo, Brett Williams, and Michele Andre. The January 21, 2021 agenda was discussed. There being no further business, the President Pro Tem made a motion to adjourn, which was duly made, seconded, and passed. MINUTES OF A REGULAR MEETING THURSDAY, January 21, 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, Farrell, Fahey, Flynn, Frederick, Hoey, Igoe, Johnson, Kimbrough, Love, O’Brien, Robinson and President Ellis. Also present was the following staff: Danielle Gillespie, John-Raphael Pichardo, Brett Williams, and Michele Andre. Council President Ellis led the Pledge of Allegiance. PUBLIC COMMENT PERIOD 1) Danvass Gekonge, 21 N Pine Avenue, Albany, NY 12203 (Resolution 1.11.21R- Albany Flag) 2) John Berry, 48 West Eris Street, Albany, NY 12208 (Resolution 1.11.21R- Albany Flag) 3) Rikkana Araujo, 1400 Washington Ave, Albany, NY 12222 (Resolution 1.11.21R- Albany Flag) 4) Adam Aleksic, Esq., 79 Brookline Ave, Albany, NY (Resolution 1.11.21R- Albany Flag) 5) Mark Landau (Resolution 10.12.21R- Honoring, Henry "Hank" Landau) 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 January 4, 2021 meeting of the Council, which was duly seconded, and APPROVED by unanimous voice vote. CONSIDERATION OF LOCAL LAWS: Council Member Conti noticed Local Law A – 2021 as follows, which was held for further consideration: 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 Be it enacted by the Common Council of the City of Albany as follows: Section 1. Section 202 of the Charter of the City of Albany is hereby amended to read as follows: SECTION 202. CONTINUOUS TERMS. NONPARTISAN ELECTION OF CITY OFFICERS. Except where otherwise stated in this Charter, the regular election of the Mayor, Comptroller, Treasurer, President of the Common Council and each “Council member” shall be held every four years; existing terms shall continue uninterrupted by this Charter. Elections for city offices shall be nonpartisan. Candidates for office shall not be nominated by political parties but shall obtain access to the ballot at the general election through the process outlined in Article 6 of the NYS Election Law for independent nominating petitions. All ballots for the election of city officers shall not contain a party mark or designation. City elections shall be conducted in the same manner as provided by the NYS Election Law except as herein otherwise provided and all provisions of law relating to the conduct of general elections not inconsistent with the provisions of this section shall apply. At the close of each election the election officers shall proceed to count and canvass the votes cast in the manner provided by the Election Law. Section 2. This section is enacted pursuant to the Municipal Home Rule Law. This section shall supersede the provisions of Election Law to the extent it is inconsistent with the same, and to the extent permitted by the New York State Constitution, the Municipal Home Rule Law, or any other applicable statute. Section 3. This local law shall take effect upon final passage, public hearing and approval of the electors at a general election of state or local government officers held not less than sixty days after the adoption of this local law. It shall apply to the next succeeding election of city officers after adoption. * Council Member Conti spoke on the Local Law prior to referral to Committee President Pro Tem Kimbrough referred Local Law A - 2021 to the Council Operations, and Ethics Committee for further consideration. President Pro Tem Kimbrough held the remaining Local Laws on the pending agenda. REPORTS OF STANDING COMMITTEES: Planning, Economic Development: Council member Fahey reported that the committee met on January 7, 2021 at 5:30PM to review Local Law M and Ordinance 21.92.20. The committee will further review Local Law M and Ordinance on February 16, 2021 at 5:30PM. The committee also met on January 11, 2021 at 5:30PM to review Ordinance 20.92.20 (which was voted out of committee) and on January 19, 2021 at 5:30PM on Ordinance 46.122.20, Resolution 5.12.21R and Resolution 6.12.21R. The committee will further review Ordinance 46.122.20, Resolution 5.12.21R and Resolution 6.12.21R on January 26, 2021 at 5:00PM. Council Operations and Ethics: Council member Conti reported that the committee met on January 20, 2021 at 5:30PM to review Resolution 1.11.21 and 2.11.21, they were reported out of committee with a positive recommendation. Public Safety: President Pro Tem Kimbrough reported that the committee will meet on January 25, 2021 at 5:30PM to review Local Law J of 2020 and February 8, 2021 at 5:30PM to review the City of Albany’s Police Reform & Reinvention Collaboration Recommendations. General Service, Health and Environment: Council Member Farrell reported that the committee will meet on January 27, 2021 at 6:30PM (following Caucus) to review Resolution 6.21.20R that promotes improvements in the law regarding snow and ice removal from sidewalks, street crossings, and bus stops and ensure equity and parity for residents whose primary mode of travel is walking and/or accessing public transportation with those residents who drive vehicles. The Council will discuss snow emergency operations with Department of General Service at the 5:30PM prior to the committee meeting CONSIDERATION OF ORDINANCES Council member Fahey made a motion, which was duly seconded, requesting Unanimous Consent to add Ordinance 2.12.21 it to the agenda for passage. There being no discussion, the motion was adopted by voice vote. Council Member Fahey on the behalf of Planning, Economic Development and Land Use Committee noticed Ordinance 2.12.21 as follows, asked passage and a roll call vote thereon: ORDINANCE 2.12.21 AN ORDINANCE AUTHORIZING THE MAYOR TO APPOINT PAIGE BARNUM TO THE BOARD OF ZONING APPEALS FOR A TERM OF OFFICE OF TWO YEARS The City of Albany, in Common Council convened, does hereby ordain and enact: Section 1. The Mayor shall have the authority to appoint Paige Barnum to the Board of Zoning Appeals for a term of office of two years. Such authority shall apply only to the appointment of Paige Barnum for a term of office to expire on December 31, 2022, as described in Common Council Resolution 9.12.21R. Section 2. This ordinance shall not otherwise modify or affect the provisions of section 42-360.1(B) of the Code of the City of Albany with regard to any future appointments to the Board of Zoning Appeals. Section 3. This ordinance shall take effect immediately and shall expire upon the passage of Common Council Resolution 9.12.21R. * Council Member O’Brien, Conti and Fahey spoke on the Ordinance prior to a vote Ordinance 2.12.21 was co-sponsored by Council Member Anane 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, Fahey, Farrell, Flynn, Frederick, Hoey, Igoe, Johnson, Kimbrough and Love Present – O’Brien Affirmative 12 Negative 0 Present 1 Council Member O’Brien noticed Ordinance 3.12.21 as follows, which was held for further consideration: ORDINANCE 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 The City of Albany, in Common Council convened, does hereby ordain and enact: Section 1. Sub-Paragraph (e) of paragraph 3 (General Landscaping Standards) of subdivision (F) (Landscaping, Screening and Buffering) of section 375-4 (Development Standards) is hereby amended to read: (e) Vegetative Coverage Any development or redevelopment site that triggers the requirements of this Section shall ensure that landscaping, screening, and/or buffering achieves at least the equivalent of 30 percent lot coverage by vegetated material to the greatest degree practicable. This shall not include green roofs. Section 2. This ordinance shall take effect immediately. President Pro Tem Kimbrough referred Ordinance 3.12.21 to the Planning, Economic Development and Land Use Committee for further consideration. Council Member Conti noticed Ordinance 1.11.21 (AN ORDINANCE AMENDING ARTICLE VIII (RESIDENTIAL PERMIT PARKING SYSTEM) OF CHAPTER 359 (VEHICLES AND TRAFFIC) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO ESTABLISHING ZONE BOUNDARIES AND STREETS DESIGNATED AS PERMIT ONLY WITHIN SUCH ZONES) as follows, asked passage and a roll call vote thereon: * Council Member Conti spoke on the Ordinance prior to passage Ordinance 1.11.21 was co-sponsored by Council Members 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, Fahey, Farrell, Flynn, Frederick, Hoey, Igoe, Johnson, Kimbrough, Love, O’Brien Affirmative 13 Negative 0 Abstain 0 President Pro Tem Kimbrough held the remaining Ordinance on the pending agenda. CONSIDERATION OF RESOLUTIONS Council Member Fahey on behalf of the Planning, Economic Development and Land Use Committee noticed Resolution 5.12.21R as follows, which was held for further consideration: Resolution Number 5.12.21R RESOLUTION OF THE COMMON COUNCIL CONSENTING TO THE REAPPOINTMENT OF CHRISTOPHER ELLIS, JR. TO THE CITY OF ALBANY PLANNING BOARD WHEREAS, the Mayor of the City of Albany has, pursuant to the provisions of Article 3 of the City Charter, reappointed Christopher Ellis, Jr. as a member of the City of Albany Planning Board; and WHEREAS, the Common Council must consent to the Mayor’s appointments of members to the Planning Board under Article 3 of the City Charter; NOW, THEREFORE, BE IT RESOLVED, that the Common Council of the City of Albany consents to the reappointment of Christopher Ellis, Jr. to the City of Albany Planning Board for a term of office to expire December 31, 2025. President Pro Tem Kimbrough referred Resolution 5.12.21 to the Planning, Economic Development and Land Use Committee for further consideration. Council Member Fahey on behalf of the Planning, Economic Development and Land Use Committee noticed Resolution 6.12.21R as follows, which was held for further consideration: Resolution Number 6.12.21R RESOLUTION OF THE COMMON COUNCIL CONSENTING TO THE REAPPOINTMENT OF MARTIN HULL TO THE CITY OF ALBANY PLANNING BOARD WHEREAS, the Mayor of the City of Albany has, pursuant to the provisions of Article 3 of the City Charter, reappointed Martin Hull as a member of the City of Albany Planning Board; and WHEREAS, the Common Council must consent to the Mayor’s appointments of members to the Planning Board under Article 3 of the City Charter; NOW, THEREFORE, BE IT RESOLVED, that the Common Council of the City of Albany consents to the reappointment of Martin Hull to the City of Albany Planning Board for a term of office to expire December 31, 2024. President Pro Tem Kimbrough referred Resolution 6.12.21 to the Planning, Economic Development and Land Use Committee for further consideration. Council Member Fahey on behalf of the Planning, Economic Development and Land Use Committee noticed Resolution 7.12.21R as follows, asked passage and a roll call vote thereon: Resolution Number 7.12.21R RESOLUTION OF THE COMMON COUNCIL CONSENTING TO THE REAPPOINTMENT OF MARTIN DALEY TO THE BOARD OF ZONING APPEALS WHEREAS, the Mayor of the City of Albany has, pursuant to the provisions of Article 3 of the City Charter, appointed Martin Daley as a member of the Board of Zoning Appeals; and WHEREAS, the Common Council must consent to the Mayor’s appointments of members to the Board of Zoning Appeals under Article 3 of the City Charter; NOW, THEREFORE, BE IT RESOLVED, that the Common Council of the City of Albany consents to the appointment of Martin Daley to the Board of Zoning Appeals for a term of office to expire December 31, 2023. * Council Member Fahey spoke on the Resolution prior to passage There being no discussion, President Ellis called for a roll call vote thereon and the motion was ADOPTED: The motion passed by the following vote of all Council Members present voting in favor thereof: Affirmative – Anane, Balarin, Conti, Fahey, Farrell, Flynn, Frederick, Hoey, Igoe, Johnson, Kimbrough and Love, Affirmative – O’Brien Affirmative 12 Negative 0 Present 1 Council Member Fahey on behalf of the Planning, Economic Development and Land Use Committee noticed Resolution 8.12.21R as follows, asked passage and a roll call vote thereon: Resolution Number 8.12.21R RESOLUTION OF THE COMMON COUNCIL CONSENTING TO THE REAPPOINTMENT OF RICJA RICE-GHYLL TO THE BOARD OF ZONING APPEALS WHEREAS, the Mayor of the City of Albany has, pursuant to the provisions of Article 3 of the City Charter, appointed Ricja Rice-Ghyll as a member of the Board of Zoning Appeals; and WHEREAS, the Common Council must consent to the Mayor’s appointments of members to the Board of Zoning Appeals under Article 3 of the City Charter; NOW, THEREFORE, BE IT RESOLVED, that the Common Council of the City of Albany consents to the appointment of Ricja Rice-Ghyll to the Board of Zoning Appeals for a term of office to expire December 31, 2023. * Council Member Fahey spoke on the Resolution prior to passage Resolution 8.12.21R was co-sponsored by Council Member _____ There being no discussion, President Ellis called for a roll call vote thereon and the motion was ADOPTED: The motion passed by the following vote of all Council Members present voting in favor thereof: Affirmative – Anane, Balarin, Conti, Fahey, Farrell, Flynn, Frederick, Hoey, Igoe, Johnson, Kimbrough and Love, Affirmative – O’Brien Affirmative 12 Negative 0 Present 1 Council Member Fahey on behalf of the Planning, Economic Development and Land Use Committee noticed Resolution 9.12.21R as follows, asked passage and a roll call vote thereon: Resolution Number 9.12.21R RESOLUTION OF THE COMMON COUNCIL CONSENTING TO THE REAPPOINTMENT OF PAIGE BARNUM TO THE BOARD OF ZONING APPEALS WHEREAS, the Mayor of the City of Albany has, pursuant to the provisions of Article 3 of the City Charter, appointed Paige Barnum as a member of the Board of Zoning Appeals; and WHEREAS, the Common Council must consent to the Mayor’s appointments of members to the Board of Zoning Appeals under Article 3 of the City Charter; NOW, THEREFORE, BE IT RESOLVED, that the Common Council of the City of Albany consents to the appointment of Paige Barnum to the Board of Zoning Appeals for a term of office to expire December 31, 2022. * Council Member Fahey spoke on the Resolution prior to passage There being no discussion, President Ellis called for a roll call vote thereon and the motion was ADOPTED: The motion passed by the following vote of all Council Members present voting in favor thereof: Affirmative – Anane, Balarin, Conti, Fahey, Farrell, Flynn, Frederick, Hoey, Igoe, Johnson, Kimbrough and Love, Affirmative – O’Brien Affirmative 12 Negative 0 Present 1 Council Member Flynn and Anane noticed Resolution 10.12.21R as follows, asked passage and a roll call vote thereon: RESOLUTION NUMBER 10.12.21R RESOLUTION OF THE COMMON COUNCIL HONORING THE LIFE AND LEGACY OF HENRY “HANK” LANDAU WHEREAS, Henry “Hank” Landau was born in Albany on June 10, 1929 to James C. Landau, Sr. and Maude Mayer Landau, and later graduated from Philip Schuyler High School in Albany; and WHEREAS, during his Navy service in the Pacific Theater of World War II, Hank participated in two atomic bomb tests at Bikini Atoll in the Marshall Islands; and WHEREAS, after the war Hank was a proud member of the Sheet Metal Worker’s Local Union #83 since 1948 and served on the Union’s Executive Board and Negotiating Committee, and, first, as the Union’s Business Representative beginning in 1960, before becoming Local #83’s President Business Manager in 1967; and WHEREAS, Hank served in a large number of other trade and public service roles throughout his lifetime, including as Vice President of the Metropolitan Association of Sheet Metal Workers; Vice President of the New York State Council of Sheet Metal Workers; President of the New York State Union Label Service Trades; Secretary-Treasurer of the Tri-Cities Building & Construction Trades Council; Chairman of the Board of the Northeastern New York Safety & Health Council; Board Member and Chairman of the Albany Vocational Advisory Council; Board of Directors of the Northeastern New York Alliance of Business; Chairman of the Capital Region Business Promotion Plan; and Board of Directors of the Capital Region Technology Development Council; and WHEREAS, Governor Mario Cuomo appointed Hank to serve on the New York State Public Works Advisory Board; and WHEREAS, Hank was happily married to Carol Landau for 59 years and had five children: Lorelei, Wayne, Eric, Claudia, and Brian, as well as seven grandchildren: Aren, Leanor, Christina, Jennifer, Sarah, Katie, and Riley; and WHEREAS, Henry “Hank” Landau passed away peacefully at the age of 91 on December 30, 2020, surrounded by his family; and WHEREAS it is appropriate and fitting for this body to pause in its deliberations to recognize and honor the work and lifetime achievements of Henry “Hank” Landau; * Council Member Anane, O’Brien, Balarin, Flynn spoke on the Resolution prior to passage Resolution 10.12.21R was co-sponsored by Council Member Anane, Balarin, Conti, Fahey, Farrell, Flynn, Frederick, Hoey, Igoe, Johnson, Kimbrough, Love and O’Brien There being no discussion, President Ellis called for a voice vote thereon and the motion was ADOPTED: Council Member Kimbrough noticed Resolution 11.12.21R as follows, asked passage and a roll call vote thereon: RESOLUTION NUMBER 11.12.21R RESOLUTION OF THE COMMON COUNCIL ESTABLISHING STANDARD WORK DAYS FOR THE CHIEF CITY AUDITOR AS REQUIRED BY REGULATION 315.4 OF THE NEW YORK STATE COMPTROLLER BE IT RESOLVED, that the Common Council of the City of Albany hereby establishes the following as standard work days for elected and appointed officials and will report the following days worked to the New York State and Local Employees' Retirement System based on the record of activities maintained and submitted by these officials to the clerk of this body: Title Name Standard Term Participates in Days/Month Work Day Begins/Ends Employer’s Time Keeping System (Based on (Hrs/day) Record of (Y/N) Activities) Chief City Auditor Dorcey Applyrs 7.5 01/01/2020-12/31/2021 N 21.98 BE IT FURTHER RESOLVED, that the Human Resources Director submit an adjustment report amending the number of days previously reported to the Retirement System if there is any inconsistency with what was previously reported as the standard workday. There being no discussion, President Ellis called for a roll call vote thereon and the motion was ADOPTED: The motion passed by the following vote of all Council Members present voting in favor thereof: Affirmative – Anane, Balarin, Conti, Fahey, Farrell, Flynn, Frederick, Hoey, Igoe, Johnson, Kimbrough, Love and O’Brien Affirmative 13 Negative 0 Abstain 0 Council Member Anane noticed Resolution 1.11.21 (RESOLUTION OF THE COMMON COUNCIL TO ENCOURAGING A COMMUNITY CONVERSATION ON CHANGES TO THE FLAG OF THE CITY OF ALBANY) as follows, asked passage and a roll call vote thereon: * Council Member Anane, O’Brien, Frederick, Hoey, Balarin, Conti, Fahey and Johnson spoke on the Resolution prior to passage Resolution 1.11.21R was co-sponsored by Council Member Anane, Balarin, Conti, Fahey, Farrell, Flynn, Frederick, Hoey, Johnson, Kimbrough, Love and O’Brien There being no discussion, President Ellis called for a roll call vote thereon and the motion was ADOPTED: The motion passed by the following vote of all Council Members present voting in favor thereof: Affirmative – Anane, Balarin, Conti, Fahey, Farrell, Flynn, Frederick, Hoey, Igoe, Johnson, Kimbrough, Love and O’Brien Affirmative 13 Negative 0 Abstain 0 Council Member Love noticed Resolution 2.11.21 (RESOLUTION CALLING ON THE NEW YORK STATE LEGISLATURE TO ENACT LEGISLATION THAT WOULD ALLOW ABSENTEE BALLOTS TO BE COUNTED EARLIER) as follows, asked passage and a roll call vote thereon: * Council Member Love spoke on the Resolution prior to passage Resolution 2.11.21R was co-sponsored by Council Member Anane, Balarin, Conti, Fahey, Farrell, Flynn, Frederick, Hoey, Igoe, Johnson, Kimbrough, Love and O’Brien There being no discussion, President Ellis called for a roll call vote thereon and the motion was ADOPTED: The motion passed by the following vote of all Council Members present voting in favor thereof: Affirmative – Anane, Balarin, Conti, Fahey, Farrell, Flynn, Frederick, Hoey, Igoe, Johnson, Kimbrough, Love and O’Brien Affirmative 13 Negative 0 Abstain 0 President Pro Tem Kimbrough held the pending Resolution on the agenda for further consideration. MISCELLANEOUS AND UNFINISHED BUSINESS: Majority Leader Ginnie Farrell offered the following, which was approved by unanimous voice vote: RESOLVED THAT THE FOLLOWING PERSONS BE AND HEREBY ARE APPOINTED COMMISSIONERS OF DEEDS FOR THE CITY OF ALBANY, NEW YORK FOR THE TERM ENDING DECEMBER 31, 2022, AND WAIVE THE READING OF THE NAMES: Employee Employee Agency Name Agency Address City State Last First Department of General Zeoli Frank 1 Connors BLVD Albany NY Services Albany County Clerk's 16 Eagle Street, Bottieri Jennifer Albany NY Office Room 128 Chabrier Antonio 18 Sparkill Ave Albany NY COMMON COUNCIL COMMENTS: Council member Anane (Public Safety Matters) 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 8:14 pm. MICHELE ANDRE Senior Legislative Aide to the Council MINUTES OF A REGULAR MEETING THURSDAY, January 21, 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, Farrell, Fahey, Flynn, Frederick, Hoey, Igoe, Johnson, Kimbrough, Love, O’Brien and President Ellis. Also present was the following staff: Danielle Gillespie, John-Raphael Pichardo, Brett Williams, and Michele Andre. Council President Ellis led the Pledge of Allegiance. PUBLIC COMMENT PERIOD 1) Danvass Gekonge, 21 N Pine Avenue, Albany, NY 12203 (Resolution 1.11.21R- Albany Flag) 2) John Berry, 48 West Eris Street, Albany, NY 12208 (Resolution 1.11.21R- Albany Flag) 3) Rikkana Araujo, 1400 Washington Ave, Albany, NY 12222 (Resolution 1.11.21R- Albany Flag) 4) Adam Aleksic, Esq., 79 Brookline Ave, Albany, NY (Resolution 1.11.21R- Albany Flag) 5) Mark Landau (Resolution 10.12.21R- Honoring, Henry "Hank" Landau) 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 January 4, 2021 meeting of the Council, which was duly seconded, and APPROVED by unanimous voice vote. CONSIDERATION OF LOCAL LAWS: Council Member Conti noticed Local Law A – 2021 as follows, which was held for further consideration: 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 Be it enacted by the Common Council of the City of Albany as follows: Section 1. Section 202 of the Charter of the City of Albany is hereby amended to read as follows: SECTION 202. CONTINUOUS TERMS. NONPARTISAN ELECTION OF CITY OFFICERS. Except where otherwise stated in this Charter, the regular election of the Mayor, Comptroller, Treasurer, President of the Common Council and each “Council member” shall be held every four years; existing terms shall continue uninterrupted by this Charter. Elections for city offices shall be nonpartisan. Candidates for office shall not be nominated by political parties but shall obtain access to the ballot at the general election through the process outlined in Article 6 of the NYS Election Law for independent nominating petitions. All ballots for the election of city officers shall not contain a party mark or designation. City elections shall be conducted in the same manner as provided by the NYS Election Law except as herein otherwise provided and all provisions of law relating to the conduct of general elections not inconsistent with the provisions of this section shall apply. At the close of each election the election officers shall proceed to count and canvass the votes cast in the manner provided by the Election Law. Section 2. This section is enacted pursuant to the Municipal Home Rule Law. This section shall supersede the provisions of Election Law to the extent it is inconsistent with the same, and to the extent permitted by the New York State Constitution, the Municipal Home Rule Law, or any other applicable statute. Section 3. This local law shall take effect upon final passage, public hearing and approval of the electors at a general election of state or local government officers held not less than sixty days after the adoption of this local law. It shall apply to the next succeeding election of city officers after adoption. * Council Member Conti spoke on the Local Law prior to referral to Committee President Pro Tem Kimbrough referred Local Law A - 2021 to the Council Operations, and Ethics Committee for further consideration. President Pro Tem Kimbrough held the remaining Local Laws on the pending agenda. REPORTS OF STANDING COMMITTEES: Planning, Economic Development: Council member Fahey reported that the committee met on January 7, 2021 at 5:30PM to review Local Law M and Ordinance 21.92.20. The committee will further review Local Law M and Ordinance on February 16, 2021 at 5:30PM. The committee also met on January 11, 2021 at 5:30PM to review Ordinance 20.92.20 (which was voted out of committee) and on January 19, 2021 at 5:30PM on Ordinance 46.122.20, Resolution 5.12.21R and Resolution 6.12.21R. The committee will further review Ordinance 46.122.20, Resolution 5.12.21R and Resolution 6.12.21R on January 26, 2021 at 5:00PM. Council Operations and Ethics: Council member Conti reported that the committee met on January 20, 2021 at 5:30PM to review Resolution 1.11.21 and 2.11.21, they were reported out of committee with a positive recommendation. Public Safety: President Pro Tem Kimbrough reported that the committee will meet on January 25, 2021 at 5:30PM to review Local Law J of 2020 and February 8, 2021 at 5:30PM to review the City of Albany’s Police Reform & Reinvention Collaboration Recommendations. General Service, Health and Environment: Council Member Farrell reported that the committee will meet on January 27, 2021 at 6:30PM (following Caucus) to review Resolution 6.21.20R that promotes improvements in the law regarding snow and ice removal from sidewalks, street crossings, and bus stops and ensure equity and parity for residents whose primary mode of travel is walking and/or accessing public transportation with those residents who drive vehicles. The Council will discuss snow emergency operations with Department of General Service at the 5:30PM prior to the committee meeting CONSIDERATION OF ORDINANCES Council member Fahey made a motion, which was duly seconded, requesting Unanimous Consent to add Ordinance 2.12.21 it to the agenda for passage. There being no discussion, the motion was adopted by voice vote. Council Member Fahey on the behalf of Planning, Economic Development and Land Use Committee noticed Ordinance 2.12.21 as follows, asked passage and a roll call vote thereon: ORDINANCE 2.12.21 AN ORDINANCE AUTHORIZING THE MAYOR TO APPOINT PAIGE BARNUM TO THE BOARD OF ZONING APPEALS FOR A TERM OF OFFICE OF TWO YEARS The City of Albany, in Common Council convened, does hereby ordain and enact: Section 1. The Mayor shall have the authority to appoint Paige Barnum to the Board of Zoning Appeals for a term of office of two years. Such authority shall apply only to the appointment of Paige Barnum for a term of office to expire on December 31, 2022, as described in Common Council Resolution 9.12.21R. Section 2. This ordinance shall not otherwise modify or affect the provisions of section 42-360.1(B) of the Code of the City of Albany with regard to any future appointments to the Board of Zoning Appeals. Section 3. This ordinance shall take effect immediately and shall expire upon the passage of Common Council Resolution 9.12.21R. * Council Member O’Brien, Conti and Fahey spoke on the Ordinance prior to a vote Ordinance 2.12.21 was co-sponsored by Council Member Anane 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, Fahey, Farrell, Flynn, Frederick, Hoey, Igoe, Johnson, Kimbrough and Love Present – O’Brien Affirmative 12 Negative 0 Present 1 Council Member O’Brien noticed Ordinance 3.12.21 as follows, which was held for further consideration: ORDINANCE 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 The City of Albany, in Common Council convened, does hereby ordain and enact: Section 1. Sub-Paragraph (e) of paragraph 3 (General Landscaping Standards) of subdivision (F) (Landscaping, Screening and Buffering) of section 375-4 (Development Standards) is hereby amended to read: (e) Vegetative Coverage Any development or redevelopment site that triggers the requirements of this Section shall ensure that landscaping, screening, and/or buffering achieves at least the equivalent of 30 percent lot coverage by vegetated material to the greatest degree practicable. This shall not include green roofs. Section 2. This ordinance shall take effect immediately. President Pro Tem Kimbrough referred Ordinance 3.12.21 to the Planning, Economic Development and Land Use Committee for further consideration. Council Member Conti noticed Ordinance 1.11.21 (AN ORDINANCE AMENDING ARTICLE VIII (RESIDENTIAL PERMIT PARKING SYSTEM) OF CHAPTER 359 (VEHICLES AND TRAFFIC) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO ESTABLISHING ZONE BOUNDARIES AND STREETS DESIGNATED AS PERMIT ONLY WITHIN SUCH ZONES) as follows, asked passage and a roll call vote thereon: * Council Member Conti spoke on the Ordinance prior to passage Ordinance 1.11.21 was co-sponsored by Council Members 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, Fahey, Farrell, Flynn, Frederick, Hoey, Igoe, Johnson, Kimbrough, Love, O’Brien Affirmative 13 Negative 0 Abstain 0 President Pro Tem Kimbrough held the remaining Ordinance on the pending agenda. CONSIDERATION OF RESOLUTIONS Council Member Fahey on behalf of the Planning, Economic Development and Land Use Committee noticed Resolution 5.12.21R as follows, which was held for further consideration: Resolution Number 5.12.21R RESOLUTION OF THE COMMON COUNCIL CONSENTING TO THE REAPPOINTMENT OF CHRISTOPHER ELLIS, JR. TO THE CITY OF ALBANY PLANNING BOARD WHEREAS, the Mayor of the City of Albany has, pursuant to the provisions of Article 3 of the City Charter, reappointed Christopher Ellis, Jr. as a member of the City of Albany Planning Board; and WHEREAS, the Common Council must consent to the Mayor’s appointments of members to the Planning Board under Article 3 of the City Charter; NOW, THEREFORE, BE IT RESOLVED, that the Common Council of the City of Albany consents to the reappointment of Christopher Ellis, Jr. to the City of Albany Planning Board for a term of office to expire December 31, 2025. President Pro Tem Kimbrough referred Resolution 5.12.21 to the Planning, Economic Development and Land Use Committee for further consideration. Council Member Fahey on behalf of the Planning, Economic Development and Land Use Committee noticed Resolution 6.12.21R as follows, which was held for further consideration: Resolution Number 6.12.21R RESOLUTION OF THE COMMON COUNCIL CONSENTING TO THE REAPPOINTMENT OF MARTIN HULL TO THE CITY OF ALBANY PLANNING BOARD WHEREAS, the Mayor of the City of Albany has, pursuant to the provisions of Article 3 of the City Charter, reappointed Martin Hull as a member of the City of Albany Planning Board; and WHEREAS, the Common Council must consent to the Mayor’s appointments of members to the Planning Board under Article 3 of the City Charter; NOW, THEREFORE, BE IT RESOLVED, that the Common Council of the City of Albany consents to the reappointment of Martin Hull to the City of Albany Planning Board for a term of office to expire December 31, 2024. President Pro Tem Kimbrough referred Resolution 6.12.21 to the Planning, Economic Development and Land Use Committee for further consideration. Council Member Fahey on behalf of the Planning, Economic Development and Land Use Committee noticed Resolution 7.12.21R as follows, asked passage and a roll call vote thereon: Resolution Number 7.12.21R RESOLUTION OF THE COMMON COUNCIL CONSENTING TO THE REAPPOINTMENT OF MARTIN DALEY TO THE BOARD OF ZONING APPEALS WHEREAS, the Mayor of the City of Albany has, pursuant to the provisions of Article 3 of the City Charter, appointed Martin Daley as a member of the Board of Zoning Appeals; and WHEREAS, the Common Council must consent to the Mayor’s appointments of members to the Board of Zoning Appeals under Article 3 of the City Charter; NOW, THEREFORE, BE IT RESOLVED, that the Common Council of the City of Albany consents to the appointment of Martin Daley to the Board of Zoning Appeals for a term of office to expire December 31, 2023. * Council Member Fahey spoke on the Resolution prior to passage There being no discussion, President Ellis called for a roll call vote thereon and the motion was ADOPTED: The motion passed by the following vote of all Council Members present voting in favor thereof: Affirmative – Anane, Balarin, Conti, Fahey, Farrell, Flynn, Frederick, Hoey, Igoe, Johnson, Kimbrough and Love, Affirmative – O’Brien Affirmative 12 Negative 0 Present 1 Council Member Fahey on behalf of the Planning, Economic Development and Land Use Committee noticed Resolution 8.12.21R as follows, asked passage and a roll call vote thereon: Resolution Number 8.12.21R RESOLUTION OF THE COMMON COUNCIL CONSENTING TO THE REAPPOINTMENT OF RICJA RICE-GHYLL TO THE BOARD OF ZONING APPEALS WHEREAS, the Mayor of the City of Albany has, pursuant to the provisions of Article 3 of the City Charter, appointed Ricja Rice-Ghyll as a member of the Board of Zoning Appeals; and WHEREAS, the Common Council must consent to the Mayor’s appointments of members to the Board of Zoning Appeals under Article 3 of the City Charter; NOW, THEREFORE, BE IT RESOLVED, that the Common Council of the City of Albany consents to the appointment of Ricja Rice-Ghyll to the Board of Zoning Appeals for a term of office to expire December 31, 2023. * Council Member Fahey spoke on the Resolution prior to passage Resolution 8.12.21R was co-sponsored by Council Member _____ There being no discussion, President Ellis called for a roll call vote thereon and the motion was ADOPTED: The motion passed by the following vote of all Council Members present voting in favor thereof: Affirmative – Anane, Balarin, Conti, Fahey, Farrell, Flynn, Frederick, Hoey, Igoe, Johnson, Kimbrough and Love, Affirmative – O’Brien Affirmative 12 Negative 0 Present 1 Council Member Fahey on behalf of the Planning, Economic Development and Land Use Committee noticed Resolution 9.12.21R as follows, asked passage and a roll call vote thereon: Resolution Number 9.12.21R RESOLUTION OF THE COMMON COUNCIL CONSENTING TO THE REAPPOINTMENT OF PAIGE BARNUM TO THE BOARD OF ZONING APPEALS WHEREAS, the Mayor of the City of Albany has, pursuant to the provisions of Article 3 of the City Charter, appointed Paige Barnum as a member of the Board of Zoning Appeals; and WHEREAS, the Common Council must consent to the Mayor’s appointments of members to the Board of Zoning Appeals under Article 3 of the City Charter; NOW, THEREFORE, BE IT RESOLVED, that the Common Council of the City of Albany consents to the appointment of Paige Barnum to the Board of Zoning Appeals for a term of office to expire December 31, 2022. * Council Member Fahey spoke on the Resolution prior to passage There being no discussion, President Ellis called for a roll call vote thereon and the motion was ADOPTED: The motion passed by the following vote of all Council Members present voting in favor thereof: Affirmative – Anane, Balarin, Conti, Fahey, Farrell, Flynn, Frederick, Hoey, Igoe, Johnson, Kimbrough and Love, Affirmative – O’Brien Affirmative 12 Negative 0 Present 1 Council Member Flynn and Anane noticed Resolution 10.12.21R as follows, asked passage and a roll call vote thereon: RESOLUTION NUMBER 10.12.21R RESOLUTION OF THE COMMON COUNCIL HONORING THE LIFE AND LEGACY OF HENRY “HANK” LANDAU WHEREAS, Henry “Hank” Landau was born in Albany on June 10, 1929 to James C. Landau, Sr. and Maude Mayer Landau, and later graduated from Philip Schuyler High School in Albany; and WHEREAS, during his Navy service in the Pacific Theater of World War II, Hank participated in two atomic bomb tests at Bikini Atoll in the Marshall Islands; and WHEREAS, after the war Hank was a proud member of the Sheet Metal Worker’s Local Union #83 since 1948 and served on the Union’s Executive Board and Negotiating Committee, and, first, as the Union’s Business Representative beginning in 1960, before becoming Local #83’s President Business Manager in 1967; and WHEREAS, Hank served in a large number of other trade and public service roles throughout his lifetime, including as Vice President of the Metropolitan Association of Sheet Metal Workers; Vice President of the New York State Council of Sheet Metal Workers; President of the New York State Union Label Service Trades; Secretary-Treasurer of the Tri-Cities Building & Construction Trades Council; Chairman of the Board of the Northeastern New York Safety & Health Council; Board Member and Chairman of the Albany Vocational Advisory Council; Board of Directors of the Northeastern New York Alliance of Business; Chairman of the Capital Region Business Promotion Plan; and Board of Directors of the Capital Region Technology Development Council; and WHEREAS, Governor Mario Cuomo appointed Hank to serve on the New York State Public Works Advisory Board; and WHEREAS, Hank was happily married to Carol Landau for 59 years and had five children: Lorelei, Wayne, Eric, Claudia, and Brian, as well as seven grandchildren: Aren, Leanor, Christina, Jennifer, Sarah, Katie, and Riley; and WHEREAS, Henry “Hank” Landau passed away peacefully at the age of 91 on December 30, 2020, surrounded by his family; and WHEREAS it is appropriate and fitting for this body to pause in its deliberations to recognize and honor the work and lifetime achievements of Henry “Hank” Landau; * Council Member Anane, O’Brien, Balarin, Flynn spoke on the Resolution prior to passage Resolution 10.12.21R was co-sponsored by Council Member Anane, Balarin, Conti, Fahey, Farrell, Flynn, Frederick, Hoey, Igoe, Johnson, Kimbrough, Love and O’Brien There being no discussion, President Ellis called for a voice vote thereon and the motion was ADOPTED: Council Member Kimbrough noticed Resolution 11.12.21R as follows, asked passage and a roll call vote thereon: RESOLUTION NUMBER 11.12.21R RESOLUTION OF THE COMMON COUNCIL ESTABLISHING STANDARD WORK DAYS FOR THE CHIEF CITY AUDITOR AS REQUIRED BY REGULATION 315.4 OF THE NEW YORK STATE COMPTROLLER BE IT RESOLVED, that the Common Council of the City of Albany hereby establishes the following as standard work days for elected and appointed officials and will report the following days worked to the New York State and Local Employees' Retirement System based on the record of activities maintained and submitted by these officials to the clerk of this body: Title Name Standard Term Participates in Days/Month Work Day Begins/Ends Employer’s Time Keeping System (Based on (Hrs/day) Record of (Y/N) Activities) Chief City Auditor Dorcey Applyrs 7.5 01/01/2020-12/31/2021 N 21.98 BE IT FURTHER RESOLVED, that the Human Resources Director submit an adjustment report amending the number of days previously reported to the Retirement System if there is any inconsistency with what was previously reported as the standard workday. There being no discussion, President Ellis called for a roll call vote thereon and the motion was ADOPTED: The motion passed by the following vote of all Council Members present voting in favor thereof: Affirmative – Anane, Balarin, Conti, Fahey, Farrell, Flynn, Frederick, Hoey, Igoe, Johnson, Kimbrough, Love and O’Brien Affirmative 13 Negative 0 Abstain 0 Council Member Anane noticed Resolution 1.11.21 (RESOLUTION OF THE COMMON COUNCIL TO ENCOURAGING A COMMUNITY CONVERSATION ON CHANGES TO THE FLAG OF THE CITY OF ALBANY) as follows, asked passage and a roll call vote thereon: * Council Member Anane, O’Brien, Frederick, Hoey, Balarin, Conti, Fahey and Johnson spoke on the Resolution prior to passage Resolution 1.11.21R was co-sponsored by Council Member Anane, Balarin, Conti, Fahey, Farrell, Flynn, Frederick, Hoey, Johnson, Kimbrough, Love and O’Brien There being no discussion, President Ellis called for a roll call vote thereon and the motion was ADOPTED: The motion passed by the following vote of all Council Members present voting in favor thereof: Affirmative – Anane, Balarin, Conti, Fahey, Farrell, Flynn, Frederick, Hoey, Igoe, Johnson, Kimbrough, Love and O’Brien Affirmative 13 Negative 0 Abstain 0 Council Member Love noticed Resolution 2.11.21 (RESOLUTION CALLING ON THE NEW YORK STATE LEGISLATURE TO ENACT LEGISLATION THAT WOULD ALLOW ABSENTEE BALLOTS TO BE COUNTED EARLIER) as follows, asked passage and a roll call vote thereon: * Council Member Love spoke on the Resolution prior to passage Resolution 2.11.21R was co-sponsored by Council Member Anane, Balarin, Conti, Fahey, Farrell, Flynn, Frederick, Hoey, Igoe, Johnson, Kimbrough, Love and O’Brien There being no discussion, President Ellis called for a roll call vote thereon and the motion was ADOPTED: The motion passed by the following vote of all Council Members present voting in favor thereof: Affirmative – Anane, Balarin, Conti, Fahey, Farrell, Flynn, Frederick, Hoey, Igoe, Johnson, Kimbrough, Love and O’Brien Affirmative 13 Negative 0 Abstain 0 President Pro Tem Kimbrough held the pending Resolution on the agenda for further consideration. MISCELLANEOUS AND UNFINISHED BUSINESS: Majority Leader Ginnie Farrell offered the following, which was approved by unanimous voice vote: RESOLVED THAT THE FOLLOWING PERSONS BE AND HEREBY ARE APPOINTED COMMISSIONERS OF DEEDS FOR THE CITY OF ALBANY, NEW YORK FOR THE TERM ENDING DECEMBER 31, 2022, AND WAIVE THE READING OF THE NAMES: Employee Employee Agency Name Agency Address City State Last First Department of General Zeoli Frank 1 Connors BLVD Albany NY Services Albany County Clerk's 16 Eagle Street, Bottieri Jennifer Albany NY Office Room 128 Chabrier Antonio 18 Sparkill Ave Albany NY COMMON COUNCIL COMMENTS: Council member Anane (Public Safety Matters) 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 8:14 pm. MICHELE ANDRE Senior Legislative Aide to the Council