1. Common Council Agenda Documents: 21 AGENDA 0315.PDF 2. Active Calendar 2.I. Active Calendar March 15, 2021 2.I.i. Active Calendar 3/15/21 Documents: ACTIVE CALENDAR MARCH 15 2021.PDF 3. Supporting Legislation 3.I. Support Legislation March 15, 2021 Documents: SUPPORT LEGISLATION MARCH 15, 2021.PDF 4. Minutes 4.I. Monday, March 15, 2021 Minutes Of A Regular Meeting Documents: 21 MINUTES 0315 FINAL.PDF 5. Majority Consent (MC) 5.I. Local Law E 2021 - Dirt Bikes & ATVs Documents: LOCAL LAW E OF 2021 - DIRTBIKES AND ATVS.PDF 6. Supporting Document 7. Public Comment 7.I. Public Comment For March 15, 2021 Meeting Documents: COMMON COUNCIL COMMENTS 3.15.2021 MEETING.PDF AGENDA FOR THE REGULAR MEETING OF THE ALBANY COMMON COUNCIL Monday, March 15, 2021 The Common Council meets the first and third Monday of each month at 7:00 p.m. (note: when Monday falls on a legal holiday or day of special observance, the Council meeting is ordinarily moved to the following Thursday). This meeting will be held following Governor Cuomo’s Executive Order 202.1. If executive order 202.1 expires before the meeting, this will be an in-person meeting in City Hall, please check our website and Facebook for updates. It will be live-streamed on Facebook using Zoom as the meeting platform. If we experience any technical difficulties on Facebook, the video will be streamed to YouTube. For more information on how to be heard please visit our website. ORDER OF BUSINESS: Roll Call Welcome Pledge of Allegiance Moment of Silence Public Hearings Public Comment Period (30 Minutes) Approval of Minutes from Previous Meeting Consideration of Local Laws Communications from the Mayor, Department Heads and other City officials Consideration of Vetoes Presentation of Petitions and Communications Reports of Standing Committees Reports of Ad Hoc Committees Consideration of Ordinances Consideration of Resolutions Additional Public Comment (30 minutes) Miscellaneous or Unfinished Business Adjournment The Common Council of the City of Albany is using the Zoom© platform to provide the public access to participate in committee meetings, caucuses, and common council meetings. The Common Council, its agents, nor any of its staff are responsible for the performance of Zoom© or your ability to access the content. Please make sure you visit Zoom’s support to confirm that you have the appropriate system requirements at https://support.zoom.us/hc/en-us/articles/201 LOCAL LAWS INTRODUCED D OF 2021 A LOCAL LAW AMENDING THE CHARTER OF THE CITY OF ALBANY TO PROVIDE FOR ADDITIONAL PAID SICK LEAVE LOCAL LAWS HELD 1. Conti LOCAL LAW F - 2019 A LOCAL LAW REPEALING CHAPTER 54 (FINANCIAL DISCLOSURE) OF THE CODE OF THE CITY OF ALBANY AND ENACTING A NEW CHAPTER 54 ENTITLED “ETHICS LAW OF THE CITY OF ALBANY” IN RELATION TO ETHICS AND FINANCIAL DISCLOSURE *Referred to Council Operations and Ethics 2. 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 3. Conti LOCAL LAW A - 2021 A LOCAL LAW AMENDING SECTION 202 (CONTINUOUS TERMS) OF ARTICLE 2 (ELECTIVE OFFICERS) OF THE CHARTER OF THE CITY OF ALBANY TO PROVIDE FOR NONPARTISAN ELECTIONS *Referred to Council Operations and Ethics 4. Doesschate, Conti, Farrell, Frederick, and Hoey LOCAL LAW C - 2021 A LOCAL LAW AMENDING ARTICLE VIIB (ALBANY POLICE DEPARTMENT INTERACTIONS) OF PART 1 (DEPARTMENT OF POLICE) OF CHAPTER 42 (DEPARTMENTS AND COMMISSIONS) OF PART I (ADMINISTRATIVE LEGISLATION) OF THE ALBANY CITY CODE WITH REGARD TO THE USE OF CHEMICAL WEAPONS AND KINETIC ENERGY MUNITIONS ON CIVILIAN POPULATIONS *Referred to Public Safety ORDINANCES INTRODUCED 5.32.21 AN ORDINANCE AMENDING ARTICLE I (GENERAL PROVISIONS) OF CHAPTER 375 (USDO) OF PART II OF THE CODE OF THE CITY OF ALBANY IN RELATION TO NECESSARY AMENDMENTS 6.32.21 AN ORDINANCE AMENDING ARTICLE II (ZONING DISTRICTS) OF CHAPTER 375 (USDO) OF PART II OF THE CODE OF THE CITY OF ALBANY IN RELATION TO NECESSARY AMENDMENTS 7.32.21 AN ORDINANCE AMENDING ARTICLE III (USE REGULATIONS) OF CHAPTER 375 (USDO) OF PART II OF THE CODE OF THE CITY OF ALBANY IN RELATION TO NECESSARY AMENDMENTS 8.32.21 AN ORDINANCE AMENDING ARTICLE IV (DEVELOPMENT STANDARDS) OF CHAPTER 375 (USDO) OF PART II OF THE CODE OF THE CITY OF ALBANY IN RELATION TO NECESSARY AMENDMENTS 9.32.21 AN ORDINANCE AMENDING ARTICLE V (ADMINISTRATION AND ENFORCEMENT) OF CHAPTER 375 (USDO) OF PART II OF THE CODE OF THE CITY OF ALBANY IN RELATION TO NECESSARY AMENDMENTS 10.32.21 AN ORDINANCE AMENDING ARTICLE VI (RULES OF CONSTRUCTION; DEFINITION) AND ARTICLE VII (APPLICATION FEES) OF CHAPTER 375 (USDO) OF PART II OF THE CODE OF THE CITY OF ALBANY IN RELATION TO NECESSARY AMENDMENTS 11.32.21 AN ORDINANCE OF THE COMMON COUNCIL AUTHORIZING THE SALE TO AUMAND RESTORATIONS, LLC OF 948 BROADWAY (Tax Map Parcel Number 65.16-1-32) ORDINANCES HELD 1. Anane Ordinance Number 34.101.18 AN ORDINANCE AMENDING CHAPTER 359 (VEHICLES AND TRAFFIC OF THE CODE OF THE CITY OF ALBANY” IN RELATION TO SPECIAL EVENT PARKING *Referred to Law, Buildings and Code Enforcement 2. Conti & Anane Ordinance Number 2.12.19 AN ORDINANCE AMENDING ARTICLE II (TRAFFIC REGULATIONS) OF CHAPTER 359 (VEHICLE AND TRAFFIC) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO MARKINGS FOR FIRE HYDRANTS *Referred to Law, Buildings and Code Enforcement 3. Flynn Ordinance Number 12.62.19 AN ORDINANCE AMENDING ARTICLE III (TOW-TRUCK OWNERS AND OPERATORS) OF CHAPTER 353 (VEHICLES FOR HIRE) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO THE MAXIMUM TOWING CHARGE PERMITTED *Referred to Law, Buildings and Code Enforcement 4. Fahey Ordinance Number 16.81.19 (MC) AN ORDINANCE AMENDING CHAPTER 375-3 (USE REGULATIONS) OF THE CODE OF THE CITY OF ALBANY (UNIFIED SUSTAINABLE DEVELOPMENT ORDINANCE) IN ORDER TO CLARIFY THE APPROVAL PROCESS FOR TELECOMMUNICATIONS INSTALLATIONS *Referred to Planning, Economic Development and Land Use 5. Fahey Ordinance Number 1.21.20 AN ORDINANCE REPEALING CHAPTER 303 (SIDEWALK AND OUTDOOR CAFES) OF THE CODE OF THE CITY OF ALBANY *Referred to Planning, Economic Development and Land Use 6. 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 7. 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 8. 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 9. 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 10. Frederick Ordinance Number 44.122.20 AN ORDINANCE AUTHORIZING AND DIRECTING THE CLOSING OF SCOTT STREET IN THE CITY OF ALBANY, NEW YORK 11. 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 12. 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 13. O’Brien Ordinance Number 3.12.21 AN ORDINANCE AMENDING CHAPTER 375 (UNIFIED SUSTAINABLE DEVELOPMENT ORDINANCE) OF THE CODE OF THE CITY OF ALBANY CLARIFYING VEGETATIVE COVERAGE IN RELATION TO NON-APPLICABILITY TO GREEN ROOFS *Referred to Planning, Economic Development and Land Use 14. O’Brien Ordinance Number 4.31.21 AN ORDINANCE AMENDING CHAPTER 371 (WATER AND WATERWAYS) AND PART 7 (DEPARTMENT OF WATER AND WATER SUPPLY) OF CHAPTER 42 (DEPARTMENTS AND COMMISSIONS) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO LEAD PIPES *Referred to General Services, Health, and Environment RESOLUTIONS INTRODUCED 29.32.21R A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF ALBANY RECOGNIZING THE REVEREND WILLIE JAMES STOVALL, SR.’S COMMITMENT AND CONTRIBUTIONS TO THE PEOPLE OF THE CITY OF ALBANY AND CONGRATULATING HIM ON HIS 32ND ANNIVERSARY AS PASTOR OF THE MOUNT OLIVE SOUTHERN MISSIONARY BAPTIST CHURCH 30.32.21R RESOLUTION OF THE COMMON COUNCIL HONORING THE LIFE AND LEGACY OF DEACONESS LELA M. WALLACE AND HER CONTRIBUTIONS TO THE CITY OF ALBANY AND ITS CHILDREN 31.32.21R A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF ALBANY HONORING THE LIFE AND LEGACY OF STEPHEN EARL WINTERS 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. Anane Resolution Number 7.21.20R RESOLUTION DECLARING A CLIMATE EMERGENCY AND CALLING FOR AN IMMEDIATE EMERGENCY MOBILIZATION TO RESTORE A SAFE CLIMATE *Referred to Planning, Economic Development and Land Use 5. Conti Resolution Number 23.41.20R RESOLUTION OF THE COMMON COUNCIL ENACTING A HOME RULE MESSAGE TO THE NEW YORK STATE LEGISLATURE REQUESTING THE ENACTMENT OF SENATE BILL NO. 7606 AND ASSEMBLY BILL NO. 9114 ENTITLED: “AN ACT TO AMEND THE VEHICLE AND TRAFFIC LAW, IN RELATION TO THE RESIDENTIAL PERMIT PARKING SYSTEM IN THE CITY OF ALBANY; AND TO AMEND CHAPTER 454 OF THE LAWS OF 2010 AMENDING THE VEHILCE AND TRAFFIC LAW RELATING TO AUTHORIZING A PILOT RESIDENTIAL PARKING PERMIT SYSTEM IN THE CITY OF ALBANY, IN RELATION TO MAKING SUCH PROVISIONS PERMANENT 6. Anane Resolution Number 95.102.20R RESOLUTION IN SUPPORT OF THE CITY OF ALBANY MAKING ELECTION DAY A PAID HOLIDAY *Referred to Finance, Assessment and Taxation 7. Kimbrough with the Support of President Ellis Resolution Number 102.111.20R A RESOLUTION HONORING THE LIFE AND LEGACY OF EDWIN H. SPERBER AND NAMING A PORTION OF ERIE BOULEVARD AS “EDWIN H. SPERBER WAY”” *Referred to General Service, Health and Environment 8. Finance Resolution Number 13.21.21R A RESOLUTION OF THE COMMON COUNCIL CONSENTING TO THE ELIMINATION OF ONE FULL TIME POSITION AND THE CREATION OF ANOTHER, WHICH WILL AFFECT A SALARY TOTAL FOR THE 2021 BUDGET (OFFICE OF HUMAN RESOURCES) 9. Planning Resolution Number 18.22.21R RESOLUTION OF THE COMMON COUNCIL CONFIRMING THE REAPPOINTMENT OF JEFFREY SPERRY AS A MEMBER AND THE CHAIRPERSON OF THE ALBANY PARKING AUTHORITY 10. Finance Resolution Number 22.31.21 R A RESOLUTION OF THE COMMON COUNCIL CONSENTING TO THE CREATION OF A FULL TIME POSITION, WHICH WILL AFFECT A SALARY TOTAL FOR THE 2021 BUDGET (DEPARTMENT OF GENERAL SERVICES) *Referred to Finance, Assessment, & Taxation Committee 11. Finance Resolution Number 23.31.21R A RESOLUTION OF THE COMMON COUNCIL CONSENTING TO AN ADJUSTMENT IN SALARY FOR THE 2021 BUDGET (ALBANY POLICE DEPARTMENT) *Referred to Finance, Assessment, & Taxation Committee 12. Finance Resolution Number 25.31.21R A RESOLUTION OF THE COMMON COUNCIL CONSENTING TO THE ELIMINATION OF ONE FULL TIME POSITION AND THE CREATION OF ANOTHER, WHICH WILL AFFECT A SALARY TOTAL FOR THE 2021 BUDGET (DEPARTMENT OF RECREATION) *Referred to Finance, Assessment & Taxation Committee 13. Kimbrough Resolution Number 26.31.21R RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF ALBANY IN RELATION TO EXECUTIVE ORDER 203 *Referred to Public Safety 14. Kimbrough, Love, & Robinson Resolution Number 27.31.21R RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF ALBANY HONORING THE LIFE AND LEGACY OF WARREN ADRIAN MACKEY AND RENAMING A PART OF LIVINGSTON AVENUE IN HIS HONOR * Referred to General Services, Health and Environment Committee Page 1 of 2 Albany Common Council Active Calendar Meeting of Monday, March 15, 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 Held (b) 44.122.20 10 Frederick AN ORDINANCE AUTHORIZING AND DIRECTING THE CLOSING OF SCOTT STREET IN THE CITY OF ALBANY, NEW YORK Ordinances Held (b) 45.122.20 11 Frederick AN ORDINANCE OF THE COMMON COUNCIL AUTHORIZING THE SALE OF SCOTT STREET IN THE CITY OF ALBANY, NEW YORK TO SOUTH END DEVELOPMENT, LLC Resolutions Introduced (a) 29.32.21R Love and A RESOLUTION OF THE Robinson COMMON COUNCIL OF THE CITY OF ALBANY RECOGNIZING THE REVEREND WILLIE JAMES STOVALL, SR.’S COMMITMENT AND CONTRIBUTIONS TO THE PEOPLE OF THE CITY OF ALBANY AND CONGRATULATING HIM ON HIS 32ND ANNIVERSARY AS PASTOR OF THE MOUNT OLIVE SOUTHERN MISSIONARY BAPTIST CHURCH Resolutions Introduced (a) 30.32.21R Doesschate, Fahey, RESOLUTION OF THE Love, and Robinson COMMON COUNCIL HONORING THE LIFE AND LEGACY OF DEACONESS LELA M. WALLACE AND HER CONTRIBUTIONS TO THE CITY OF ALBANY AND ITS CHILDREN Resolutions Introduced (a) 31.32.21R Frederick A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF ALBANY HONORING THE LIFE AND LEGACY OF STEPHEN EARL WINTERS Resolutions Held 13.21.21R 8 Finance A RESOLUTION OF THE COMMON COUNCIL CONSENTING TO THE ELIMINATION OF ONE FULL TIME POSITION AND THE CREATION OF ANOTHER, WHICH WILL AFFECT A SALARY TOTAL FOR THE 2021 Page 2 of 2 BUDGET (OFFICE OF HUMAN RESOURCES) Resolutions Held 18.22.21R 9 Planning RESOLUTION OF THE COMMON COUNCIL CONFIRMING THE REAPPOINTMENT OF JEFFREY SPERRY AS A MEMBER AND THE CHAIRPERSON OF THE ALBANY PARKING AUTHORITY Resolutions Held(b)(c) 26.31.21R 13 Kimbrough RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF ALBANY IN RELATION TO EXECUTIVE ORDER 203 (a) Pending discussion on March 10, 2021 @ 5:30PM Albany Common Council Caucus VIA ZOOM (b) Pending amendments (c) Pending discussions on March 8, 2021 @ 5:30 PM Public Safety Committee Meeting VIA Zoom (03/05/2021) COMMON COUNCIL OF THE CITY OF ALBANY SUPPORT LEGISLATION MARCH 15, 2021 LOCAL LAWS D OF 2021 A LOCAL LAW AMENDING THE CHARTER OF THE CITY OF ALBANY TO PROVIDE FOR ADDITIONAL PAID SICK LEAVE ORDINANCES 5.32.21 AN ORDINANCE AMENDING ARTICLE I (GENERAL PROVISIONS) OF CHAPTER 375 (USDO) OF PART II OF THE CODE OF THE CITY OF ALBANY IN RELATION TO NECESSARY AMENDMENTS 6.32.21 AN ORDINANCE AMENDING ARTICLE II (ZONING DISTRICTS) OF CHAPTER 375 (USDO) OF PART II OF THE CODE OF THE CITY OF ALBANY IN RELATION TO NECESSARY AMENDMENTS 7.32.21 AN ORDINANCE AMENDING ARTICLE III (USE REGULATIONS) OF CHAPTER 375 (USDO) OF PART II OF THE CODE OF THE CITY OF ALBANY IN RELATION TO NECESSARY AMENDMENTS 8.32.21 AN ORDINANCE AMENDING ARTICLE IV (DEVELOPMENT STANDARDS) OF CHAPTER 375 (USDO) OF PART II OF THE CODE OF THE CITY OF ALBANY IN RELATION TO NECESSARY AMENDMENTS 9.32.21 AN ORDINANCE AMENDING ARTICLE V (ADMINISTRATION AND ENFORCEMENT) OF CHAPTER 375 (USDO) OF PART II OF THE CODE OF THE CITY OF ALBANY IN RELATION TO NECESSARY AMENDMENTS 10.32.21 AN ORDINANCE AMENDING ARTICLE VI (RULES OF CONSTRUCTION; DEFINITION) AND ARTICLE VII (APPLICATION FEES) OF CHAPTER 375 (USDO) OF PART II OF THE CODE OF THE CITY OF ALBANY IN RELATION TO NECESSARY AMENDMENTS 11.32.21 AN ORDINANCE OF THE COMMON COUNCIL AUTHORIZING THE SALE TO AUMAND RESTORATIONS, LLC OF 948 BROADWAY (Tax Map Parcel Number 65.16-1-32) RESOLUTIONS 29.32.21R A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF ALBANY RECOGNIZING THE REVEREND WILLIE JAMES STOVALL, SR.’S COMMITMENT AND CONTRIBUTIONS TO THE PEOPLE OF THE CITY OF ALBANY AND CONGRATULATING HIM ON HIS 32ND ANNIVERSARY AS PASTOR OF THE MOUNT OLIVE SOUTHERN MISSIONARY BAPTIST CHURCH 30.32.21R RESOLUTION OF THE COMMON COUNCIL HONORING THE LIFE AND LEGACY OF DEACONESS LELA M. WALLACE AND HER CONTRIBUTIONS TO THE CITY OF ALBANY AND ITS CHILDREN 31.32.21R A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF ALBANY HONORING THE LIFE AND LEGACY OF STEPHEN EARL WINTERS Council Member Anane introduced the following: LOCAL LAW D OF 2021 A LOCAL LAW AMENDING THE CHARTER OF THE CITY OF ALBANY TO PROVIDE FOR ADDITIONAL PAID SICK LEAVE The City of Albany, in Common Council convened, does hereby ordain and enact: Section 1. Section 301 (Mayor’s Powers and Duties Generally.) of Article III (Executive Branch) of the Charter is here by amended by adding a new subsection J to read as follow: J. Notwithstanding any other provision of this Article, where pursuant to the Executive Law, the Mayor issues an Emergency Proclamation that results in the mandatory quarantine for precautionary isolation of a City employee, the Mayor may provide for a period of leave during the mandatory quarantine or isolation period, if such employee is not otherwise able to carry out the functions and responsibilities of such job. Section 2. This local law shall take effect upon passage, public hearing, and filing with the Secretary of State without referendum. APPROVED AS TO FORM THIS MARCH 5, 2021 ________________________________ Corporation Counsel Matter in strikethrough to be deleted. Matter underlined is new material. To: Danielle Gillespie, City Clerk From: John-Raphael Pichardo, Esq., Research Counsel Re: Common Council Legislation Supporting Memorandum Date: March 5, 2021 SPONSOR Council Member Anane LOCAL LAW D OF 2021 TITLE A LOCAL LAW AMENDING THE CHARTER OF THE CITY OF ALBANY TO PROVIDE FOR ADDITIONAL PAID SICK LEAVE GENERAL PURPOSE OF LEGISLATION Because paid sick leave is one of the most effective tools to protect public health and stop the spread of illnesses, the New York State legislature passed legislation providing for paid sick benefits, paid family leave, and benefits due to disability for employees subject to a mandatory or precautionary order of quarantine or isolation due to COVID-19. The state legislature and the Governor found that “[p]aid sick leave alleviates the financial pressure for the people that feel they must go to work to keep their job, curbing the spread of their illness to coworkers and commuters”. Further, “in light of the unprecedented nature of the COVID-19 outbreak and its impact on New York Workers” the state directed that municipal employees subject to a mandatory or precautionary order of quarantine or isolation must be provided with the one, 14-day paid sick leave event. Certain City employees, including those who routinely come into contact with the public and cannot do their work from home if subject to a mandatory quarantine or isolation order, may find themselves subject to more than one mandatory quarantine or isolation period during this extended pandemic period. Further, given global climate change and increasing loss of habitat, it is likely that human contact with other uncontrollable and/or highly communicable diseases or viruses in the future may result in subsequent epidemics or pandemics making it necessary to quarantine employees in the future, to enable the continuation of City government and to protect public health. NECESSITY FOR LEGISLATION AND CHANGES TO EXISTING LAW The intent is to authorize the Mayor to provide additional periods of paid sick leave during a public health crisis or emergency where necessary to ensure the safe and continued operation of City government and to protect residents from communicable diseases, as allowed by New York State General Municipal Law § 92. FISCAL IMPACT(S) To be determined Council Member Fahey on behalf of the Planning, Economic Development, and Land Use Committee introduced the following: ORDINANCE 5.32.21 AN ORDINANCE AMENDING ARTICLE I (GENERAL PROVISIONS) OF CHAPTER 375 (USDO) OF PART II OF THE CODE OF THE CITY OF ALBANY IN RELATION TO NECESSARY AMENDMENTS The City of Albany, in Common Council convened, does hereby ordain and enact: Section 1. Article I of Chapter 375 of the Code of the City of Albany is hereby amended to read as follows: Section 2. This Ordinance shall take effect immediately. APPROVED AS TO FORM AS A PLACEHOLDER ONLY THIS 5TH DAY OF MARCH, 2021 ________________________________ Corporation Counsel Matter in strikethrough to be deleted. Matter underlined is new material. To: Danielle Gillespie, City Clerk From: John-Raphael Pichardo, Esq., Research Counsel Re: Common Council Legislation Supporting Memorandum Date: March 5, 2021 SPONSOR Council Member Fahey on behalf of the Planning, Economic Development, and Land Use Committee ORDINANCE 5.32.21 TITLE AN ORDINANCE AMENDING ARTICLE I (GENERAL PROVISIONS) OF CHAPTER 375 (USDO) OF PART II OF THE CODE OF THE CITY OF ALBANY IN RELATION TO NECESSARY AMENDMENTS GENERAL PURPOSE OF LEGISLATION This is a place holder ordinance until amendments of the USDO are completed. NECESSITY FOR LEGISLATION AND CHANGES TO EXISTING LAW FISCAL IMPACT(S) TBD Council Member Fahey on behalf of the Planning, Economic Development, and Land Use Committee introduced the following: ORDINANCE 6.32.21 AN ORDINANCE AMENDING ARTICLE II (ZONING DISTRICTS) OF CHAPTER 375 (USDO) OF PART II OF THE CODE OF THE CITY OF ALBANY IN RELATION TO NECESSARY AMENDMENTS The City of Albany, in Common Council convened, does hereby ordain and enact: Section 1. Article II of Chapter 375 of the Code of the City of Albany is hereby amended to read as follows: Section 2. This Ordinance shall take effect immediately. APPROVED AS TO FORM AS A PLACEHOLDER ONLY THI 5TH DAY OF MARCH, 2021 ________________________________ Corporation Counsel Matter in strikethrough to be deleted. Matter underlined is new material. To: Danielle Gillespie, City Clerk From: John-Raphael Pichardo, Esq., Research Counsel Re: Common Council Legislation Supporting Memorandum Date: March 5, 2021 SPONSOR Council Member Fahey on behalf of the Planning, Economic Development, and Land Use Committee ORDINANCE 6.32.21 TITLE AN ORDINANCE AMENDING ARTICLE II (ZONING DISTRICTS) OF CHAPTER 375 (USDO) OF PART II OF THE CODE OF THE CITY OF ALBANY IN RELATION TO NECESSARY AMENDMENTS GENERAL PURPOSE OF LEGISLATION This is a place holder ordinance until amendments of the USDO are completed. NECESSITY FOR LEGISLATION AND CHANGES TO EXISTING LAW FISCAL IMPACT(S) TBD Council Member Fahey on behalf of the Planning, Economic Development, and Land Use Committee introduced the following: ORDINANCE 7.32.21 AN ORDINANCE AMENDING ARTICLE III (USE REGULATIONS) OF CHAPTER 375 (USDO) OF PART II OF THE CODE OF THE CITY OF ALBANY IN RELATION TO NECESSARY AMENDMENTS The City of Albany, in Common Council convened, does hereby ordain and enact: Section 1. Article III of Chapter 375 of the Code of the City of Albany is hereby amended to read as follows: Section 2. This Ordinance shall take effect immediately. APPROVED AS TO FORM AS A PLACEHOLDER ONLY THIS 5TH DAY OF MARCH, 2021 ________________________________ Corporation Counsel Matter in strikethrough to be deleted. Matter underlined is new material. To: Danielle Gillespie, City Clerk From: John-Raphael Pichardo, Esq., Research Counsel Re: Common Council Legislation Supporting Memorandum Date: March 5, 2021 SPONSOR Council Member Fahey on behalf of the Planning, Economic Development, and Land Use Committee ORDINANCE 7.32.21 TITLE AN ORDINANCE AMENDING ARTICLE III (USE REGULATIONS) OF CHAPTER 375 (USDO) OF PART II OF THE CODE OF THE CITY OF ALBANY IN RELATION TO NECESSARY AMENDMENTS GENERAL PURPOSE OF LEGISLATION This is a place holder ordinance until amendments of the USDO are completed. NECESSITY FOR LEGISLATION AND CHANGES TO EXISTING LAW FISCAL IMPACT(S) TBD Council Member Fahey on behalf of the Planning, Economic Development, and Land Use Committee introduced the following: ORDINANCE 8.32.21 AN ORDINANCE AMENDING ARTICLE IV (DEVELOPMENT STANDARDS) OF CHAPTER 375 (USDO) OF PART II OF THE CODE OF THE CITY OF ALBANY IN RELATION TO NECESSARY AMENDMENTS The City of Albany, in Common Council convened, does hereby ordain and enact: Section 1. Article IV of Chapter 375 of the Code of the City of Albany is hereby amended to read as follows: Section 2. This Ordinance shall take effect immediately. APPROVED AS TO FORM AS A PLACEHOLDER ONLY THIS 5TH DAY OF MARCH, 2021 ________________________________ Corporation Counsel Matter in strikethrough to be deleted. Matter underlined is new material. To: Danielle Gillespie, City Clerk From: John-Raphael Pichardo, Esq., Research Counsel Re: Common Council Legislation Supporting Memorandum Date: March 5, 2021 SPONSOR Council Member Fahey on behalf of the Planning, Economic Development, and Land Use Committee ORDINANCE 8.32.21 TITLE AN ORDINANCE AMENDING ARTICLE IV (DEVELOPMENT STANDARDS) OF CHAPTER 375 (USDO) OF PART II OF THE CODE OF THE CITY OF ALBANY IN RELATION TO NECESSARY AMENDMENTS GENERAL PURPOSE OF LEGISLATION This is a place holder ordinance until amendments of the USDO are completed. NECESSITY FOR LEGISLATION AND CHANGES TO EXISTING LAW FISCAL IMPACT(S) TBD Council Member Fahey on behalf of the Planning, Economic Development, and Land Use Committee introduced the following: ORDINANCE 9.32.21 AN ORDINANCE AMENDING ARTICLE V (ADMINISTRATION AND ENFORCEMENT) OF CHAPTER 375 (USDO) OF PART II OF THE CODE OF THE CITY OF ALBANY IN RELATION TO NECESSARY AMENDMENTS The City of Albany, in Common Council convened, does hereby ordain and enact: Section 1. Article V of Chapter 375 of the Code of the City of Albany is hereby amended to read as follows: Section 2. This Ordinance shall take effect immediately. APPROVED AS TO FORM AS A PLACEHOLDER ONLY THIS 5TH DAY OF MARCH, 2021 ________________________________ Corporation Counsel Matter in strikethrough to be deleted. Matter underlined is new material. To: Danielle Gillespie, City Clerk From: John-Raphael Pichardo, Esq., Research Counsel Re: Common Council Legislation Supporting Memorandum Date: March 5, 2021 SPONSOR Council Member Fahey on behalf of the Planning, Economic Development, and Land Use Committee ORDINANCE 9.32.21 TITLE AN ORDINANCE AMENDING ARTICLE V (ADMINISTRATION AND ENFORCEMENT) OF CHAPTER 375 (USDO) OF PART II OF THE CODE OF THE CITY OF ALBANY IN RELATION TO NECESSARY AMENDMENTS GENERAL PURPOSE OF LEGISLATION This is a place holder ordinance until amendments of the USDO are completed. NECESSITY FOR LEGISLATION AND CHANGES TO EXISTING LAW FISCAL IMPACT(S) TBD Council Member Fahey on behalf of the Planning, Economic Development, and Land Use Committee introduced the following: ORDINANCE 10.32.21 AN ORDINANCE AMENDING ARTICLE VI (RULES OF CONSTRUCTION; DEFINITION) AND ARTICLE VII (APPLICATION FEES) OF CHAPTER 375 (USDO) OF PART II OF THE CODE OF THE CITY OF ALBANY IN RELATION TO NECESSARY AMENDMENTS The City of Albany, in Common Council convened, does hereby ordain and enact: Section 1. Article VI of Chapter 375 of the Code of the City of Albany is hereby amended to read as follows: Section 2. Article VII of Chapter 375 of the code of the City of Albany is hereby amended to read as follows: Section 3. This Ordinance shall take effect immediately. APPROVED AS TO FORM AS A PLACEHOLDER ONLY THIS 5TH DAY OF MARCH, 2021 ________________________________ Corporation Counsel Matter in strikethrough to be deleted. Matter underlined is new material. To: Danielle Gillespie, City Clerk From: John-Raphael Pichardo, Esq., Research Counsel Re: Common Council Legislation Supporting Memorandum Date: March 5, 2021 SPONSOR Council Member Fahey on behalf of the Planning, Economic Development, and Land Use Committee ORDINANCE 10.32.21 TITLE AN ORDINANCE AMENDING ARTICLE VI (RULES OF CONSTRUCTION; DEFINITION) AND ARTICLE VII (APPLICATION FEES) OF CHAPTER 375 (USDO) OF PART II OF THE CODE OF THE CITY OF ALBANY IN RELATION TO NECESSARY AMENDMENTS GENERAL PURPOSE OF LEGISLATION This is a place holder ordinance until amendments of the USDO are completed. NECESSITY FOR LEGISLATION AND CHANGES TO EXISTING LAW FISCAL IMPACT(S) TBD Council Member Kimbrough introduced the following: ORDINANCE 11.32.21 AN ORDINANCE OF THE COMMON COUNCIL AUTHORIZING THE SALE TO AUMAND RESTORATIONS, LLC OF 948 BROADWAY (Tax Map Parcel Number 65.16- 1-32) The City of Albany, in Common Council convened, does hereby ordain and enact: Section 1. It is hereby ordered and directed that all the right, title, and interest of the City of Albany in and to the 0.02± acre parcel at 948 Broadway (Tax Map Parcel Number 65.16-1-32), be sold at private sale pursuant to the provisions of Local Law No. 4 of 1984 to Aumand Restorations, LLC. SUBJECT to all easements, restrictions and rights of way of record. Section 2. It is hereby determined that the aforesaid property has been abandoned for municipal or public purposes. Section 3. The form, content, terms and conditions of such conveyance shall be approved by the Corporation Counsel and shall be subject to the approval of the Board of Estimate and Apportionment, and if approved by said Board, the Mayor is hereby authorized and directed to execute a proper deed of conveyance for a valuable consideration. Section 4. This ordinance shall take effect immediately. APPROVED AS TO FORM THIS 5TH DAY OF MARCH, 2021 ________________________________ Corporation Counsel Matter in strikethrough to be deleted. Matter underlined is new material. To: Danielle Gillespie, City Clerk From: Brett Williams, Esq., Sr. Assistant Corporation Counsel Re: Request for Common Council Legislation Supporting Memorandum Date: March 5, 2021 SPONSOR Council Member Kimbrough ORDINANCE 11.32.21 TITLE AN ORDINANCE OF THE COMMON COUNCIL AUTHORIZING THE SALE TO AUMAND RESTORATIONS, LLC OF 948 BROADWAY (Tax Map Parcel Number 65.16-1-32) GENERAL PURPOSE OF LEGISLATION The purchaser Aumand Restorations, LLC, is planning to acquire both the subject property and the adjoining parcel, 952 Broadway (currently owned by Beyond Fitness, LLC). According to the purchaser, the proposed project, spanning both parcels, would rehabilitate the existing building on 952 Broadway and construct a new addition on its west end, “with sprawling patios around the entire structure. The venue would be a bar/restaurant with extensive outdoor seating and games. The small [city-owned] parcel in question which now contains a boarded up water department ‘pump station’ is integral to the overall design of the project.” The project has not yet gone before the Technical Review Committee, but the purchaser has already reached out to the Water Department. NECESSITY FOR LEGISLATION AND CHANGES TO EXISTING LAW The sale of City-owned property requires Common Council approval. FISCAL IMPACT(S) No sale price has been determined yet. The property is listed as having a full market value of $35,011 on the 2020 assessment roll. Council Member Love and Robinson introduced the following: RESOLUTION NUMBER 29.32.21R A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF ALBANY RECOGNIZING THE REVEREND WILLIE JAMES STOVALL, SR.’S COMMITMENT AND CONTRIBUTIONS TO THE PEOPLE OF THE CITY OF ALBANY AND CONGRATULATING HIM ON HIS 32ND ANNIVERSARY AS PASTOR OF THE MOUNT OLIVE SOUTHERN MISSIONARY BAPTIST CHURCH WHEREAS, born and raised in Memphis, Tennessee, Pastor Willie James Stovall, Sr. confessed hope in Christ at the Springfield Missionary Baptist Church in Southaven, Mississippi in 1957; and WHEREAS, after graduating from high school and serving in the U.S. Army until 1968, Pastor Stovall returned to Memphis and later owned and operated three businesses: a grocery store, a gas station, and an auto repair shop. In 1976, he began preaching the Word of God with his initial sermon in December of that year. In the 1980s, Pastor Stovall, along with his brother, built Mount Zion 144 people Memphis, TN. In 1982 he became Pastor at the Field Missionary Baptist Church in Earle, Arkansas. He would later serve as Pastor at the Philadelphia Missionary Baptist Church in Crawfordville, Arkansas; and WHEREAS, in 1989, Pastor Stovall moved to Albany, New York when he was elected Pastor at the Mount Olive Southern Missionary Baptist Church. He was instrumental in construting a new church building in 1992 to accommodate the congregation which had doubled in participation since his arrival three years prior; and WHEREAS, Pastor Stovall has been an active participant in many organizations and activities which benefit his congregation, including serving as moderator of the Hudson River Frontier Missionary Baptist Association for two terms; serving as a member of the National Baptist Convention; and as a member of the Public Relations Board and the New Body Committee of the Empire State Missionary Baptist Convention; and WHEREAS, in April of 1999, the Common Council of the City of Albany recognized the commitment and contributions of Pastor Stovall to the people of the City of Albany and congratulated him on his tenth anniversary as Pastor of the Mount Olive Southern Missionary Baptist Church and on his many achievements; and WHEREAS, among his accomplishments, Pastor Stovall:  Organized and was elected Chairman of African American Clergy United for Empowerment in 1997, 2011, and 2013  Was elected Area #3 Vice President Empire Missionary Baptist Convention, Inc. 2000 – 2011  Organized New Hope Baptist Church, Troy, New York  Organized New Jerusalem Mission Baptist Church, Troy, New York ~ 2012  Increased ministerial staff increased in 2012  Was certified Chaplain by the CICA International Chaplaincy Association on September 25, 2015  Was selected as a committee member for the Albany Downtown Revitalization Initiative Project in 2018; NOW, THEREFORE, BE IT RESOLVED, the Common Council of the City of Albany recognizes Pastor Stovall’s commitment and contribution to the people of the City of Albany and congratulates him on his 32nd anniversary as Pastor of Mount Olive Southern Missionary Baptist Church. To: Danielle Gillespie, City Clerk From: John-Raphael Pichardo, Esq., Research Counsel Re: Common Council Legislation Supporting Memorandum Date: March 3, 2021 SPONSOR(S) Council Members Love and Robinson RESOLUTION NUMBER 29.32.21R TITLE A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF ALBANY RECOGNIZING THE REVEREND WILLIE JAMES STOVALL, SR.’S COMMITMENT AND CONTRIBUTIONS TO THE PEOPLE OF THE CITY OF ALBANY AND CONGRATULATING HIM ON HIS 32ND ANNIVERSARY AS PASTOR OF THE MOUNT OLIVE SOUTHERN MISSIONARY BAPTIST CHURCH GENERAL PURPOSE OF LEGISLATION Recognizing the Reverend Willie James Stovall, Sr.’s commitment and contributions to the people of the City of Albany and congratulating him on his 32nd anniversary as Pastor of the Mount Olive Southern Missionary Baptist Church. FISCAL IMPACT(S) None. Council Members Doesschate, Fahey, Love and Robinson introduced the following: RESOLUTION 30.32.21R RESOLUTION OF THE COMMON COUNCIL HONORING THE LIFE AND LEGACY OF DEACONESS LELA M. WALLACE AND HER CONTRIBUTIONS TO THE CITY OF ALBANY AND ITS CHILDREN WHEREAS, on February 16, 2021, the beloved Deaconess Lela Mae Wallace peacefully passed away after a long illness, with her family surrounding her; and WHEREAS, Lela Wallace was born September 26, 1937 in Shannon, Mississippi to Estellar Mae and Homie Lee Wallace and was the sister of Mary L. Pointer, Minnie B. Catoe, and Aubrey C. Wallace who preceded her, and is survived by her sister, Mother Margaret McCann of Wilborn’s Temple COGIC, four adopted sisters, Diane Jones, Sandra Thorpe, Elizabeth Brown and Rubye Johnson; four nieces and five nephews: Mechelle, Jenelle, Renee, Carla, Tyrone, Jermaine, Tymus, Jai, and Dennis Edney and many beautiful great-nieces and great-nephews and their children, cousins, colleagues, students, and friends who will always remember her extraordinarily loving and spiritual life; and WHEREAS, Lela Wallace was educated in Albany Public Schools then went on to SUNY Cobleskill to earn her Associate of Applied Science Degree in Early Childhood Education and Nursing degree that set her up for a lifetime of caring for the health, welfare, happiness, education, and overall wellbeing of every child that crossed her path, initially at Saratoga’s Hawley Home for Children and then at Albany’s St. Catherine’s Center for Children where she served for 10 years; and WHEREAS. Miss Wallace then continued her education at Russell Sage College where she earned a Bachelor of Science Degree in Elementary Education in 1974 and began student teaching at Albany Public School 19 (now known as New Scotland Elementary School) in her junior year; and WHEREAS, Miss Wallace remained at School 19 for 28 years and was one of the most beloved first grade teachers of all time both because of her incredible love and patience and certitude that all children can learn, and because of her ability to reassure nervous parents dropping their child off on the first day of school that their children would be okay, safe, loved, and would actually learn!; and WHEREAS, many have spoken of the incredible gifts she shared, with one former student speaking for all of her students by saying “She always showed all of us love. Her patience and love for children lives on through those of us who were lucky to have her as a teacher, ” and another person poignantly speaking for us all lucky enough to have known her when he wrote on her tribute wall “She taught us mostly how it should feel to be loved in this world. For that, she will be missed greatly, and never will her memory be forgotten by all those that loved and adored her;” and WHEREAS, while teaching at School 19, Miss Wallace achieved a Master of Science Degree from SUNY Albany and was recognized by ‘Who’s Who Among America’s Teachers” as one of the Best Teachers in America 1998, 2000, 2004-2005, 2005-2006. She also received numerous other awards including NYS Congress of Parents and Teachers Inc. Certificate of Appreciation for her “dedication to the welfare of children and youth”; and WHEREAS, upon her arrival in Albany, along with her parents and grandparents, Lela M. Wallace united with the Metropolitan New Testament Mission Baptist Church where she became a Deaconess at the age of 14 and continued to serve the church, it’s members, and community throughout her life; and WHEREAS, as Co-Founder and President of the Home Mission 1972-1989 Deaconess Wallace led in her ministry to feed the hungry, and visit the aged, the sick, and the shut in, and as a Sunday School teacher and choir member she was dedicated to the stirring of all minds and hearts; and WHEREAS, during her time teaching, volunteering, and winning awards, Lela tended to her other passions of scrapbooking, collecting cookbooks and recipes, and bowling in her church’s league; and WHEREAS, Deaconess Lela M. Wallace, adored and beloved teacher, sister, aunt, colleague, friend, has left us an impeccable legacy for us to appreciate; NOW THEREFORE, BE IT RESOLVED, the City of Albany's Common Council pauses to commend and honor the memory of Deaconess Lela M. Wallace and her many contributions to our community, the lives of the children she taught, the people she mentored and the boundless unconditional love she shared with all who knew her; and BE IT FINALLY RESOLVED, that the Common Council of the City of Albany sends their condolences to her extended family and that the Clerk of the Common Council is to send an embossed copy of this resolution to her sister, Mother Margaret McCann. To: Danielle Gillespie, City Clerk From: Judy L. Doesschate, Common Council Member Re: Common Council Legislation Supporting Memorandum Date: March 4, 2021 RESOLUTION 30.32.21R TITLE RESOLUTION OF THE COMMON COUNCIL HONORING THE LIFE AND LEGACY OF DEACONESS LELA M. WALLACE AND HER CONTRIBUTIONS TO THE CITY OF ALBANY AND ITS CHILDREN GENERAL PURPOSE OF LEGISLATION To honor the life and legacy of the wonderful Deaconess Lela Mae Wallace and her contributions to the City of Albany and its children. NECESSITY FOR LEGISLATION AND ANY CHANGE TO EXISTING LAW The resolution express’s the Council’s wish to honor Miss Wallace and her life, legacy, and contributions to the City of Albany and its children. It effectuates no change to existing law. FISCAL IMPACT(S) None. Council Member Frederick introduced the following: RESOLUTION NUMBER 31.32.21R A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF ALBANY HONORING THE LIFE AND LEGACY OF STEPHEN EARL WINTERS WHEREAS, Stephen Earl Winters, 63, died suddenly on January 1, 2021. Stephen was born on September 24th, 1957 in Texas to Claude and Evelyn “Carol” Winters and raised in Oklahoma and North Carolina. Stephen attended the University at Albany as an undergraduate and graduate student, receiving a graduate degree in Social Work; and WHEREAS, Stephen was a proud veteran of the U.S. Air Force. He was the past Executive Director at both the Interfaith Partnership for the Homeless and the South End Improvement Corporation. He was a past president of the Second Avenue Neighborhood Association. He volunteered with many community organizations including the Honest Weight Food Co-op, the League of Women Voters, United Tenants of Albany, FOCUS Churches, MOMS Demand Action, and many others. He was a Dachshund enthusiast and an officer of several dog clubs including the Stewards Club of Upstate NY; and WHEREAS, in both his professional career and volunteer service, Stephen was an advocate for the less fortunate and underserved people in our community. Stephen was not afraid of getting into “good trouble,” raising concerns with elected officials or asking business owners to step up to the plate for those in need. Stephen was the consummate example of a “community activist” and his work has left a lasting impact on our community; and NOW THEREFORE, BE IT RESOLVED, the Common Council of the City of Albany honors the life and legacy of Stephen Earl Winters and sends its condolences to his family To: Danielle Gillespie, City Clerk From: John-Raphael Pichardo, Esq., Research Counsel Re: Common Council Legislation Supporting Memorandum Date: March 5, 2021 SPONSOR(S) Council Member Frederick RESOLUTION NUMBER 31.32.21R TITLE A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF ALBANY HONORING THE LIFE AND LEGACY OF STEPHEN EARL WINTERS GENERAL PURPOSE OF LEGISLATION Honoring the life and legacy of Stephen Earl Winters FISCAL IMPACT(S) None. MINUTES OF A REGULAR MEETING MONDAY, March 15, 2021 The Common Council was convened at 7:10 p.m. and was called to order by President Ellis. This meeting was held following Governor Cuomo’s executive order 202.1 and it live-streamed on Facebook using Zoom as the meeting platform. If we experience any technical difficulties on Facebook, the video will be streamed to YouTube. The roll being called, the following answered to their names: Anane, Balarin, Conti, Doesscahte, Fahey, Farrell, Flynn, Frederick, Hoey, Igoe, Johnson, Kimbrough, Love, O’Brien, and Robinson Also present was the following staff: Danielle Gillespie, John-Raphael Pichardo, and Brett Williams Council President Ellis led the Pledge of Allegiance. PUBLIC COMMENT PERIOD 1. Alice Green, 509 West Lawrence, Albany, NY (Resolution 26.31.21R) 2. Joann Sternheimer, 41 South Pine Ave, Albany, NY 12208 (USDO) 3. Dorsey Applyrs, City Auditor, 24 Eagle Street, Room 111, Albany, NY 12207 (Resolution 26.31.21R, written comment) 4. Chris Mercogliano, 3 Wilbur St, Albany, NY 12202 (USDO) There being no further speakers or submission of written comments, the President declared the Public Comment Period closed. Approval of Minutes President Pro Tem Kimbrough made a motion to approve the minutes of March 1, 2021 meeting of the Council, which was duly seconded, and APPROVED by unanimous voice vote. CONSIDERATION OF LOCAL LAWS: Council Member Anane noticed Local Law D of 2021 as follows, which was held for further consideration: LOCAL LAW D OF 2021 A LOCAL LAW AMENDING THE CHARTER OF THE CITY OF ALBANY TO PROVIDE FOR ADDITIONAL PAID SICK LEAVE 1 The City of Albany, in Common Council convened, does hereby ordain and enact: Section 1. Section 301 (Mayor’s Powers and Duties Generally.) of Article III (Executive Branch) of the Charter is here by amended by adding a new subsection J to read as follow: J. Notwithstanding any other provision of this Article, where pursuant to the Executive Law, the Mayor issues an Emergency Proclamation that results in the mandatory quarantine for precautionary isolation of a City employee, the Mayor may provide for a period of leave during the mandatory quarantine or isolation period, if such employee is not otherwise able to carry out the functions and responsibilities of such job. Section 2. This local law shall take effect upon passage, public hearing, and filing with the Secretary of State without referendum. President Pro Temp Kimbrough referred Local Law D-2021 to the Finance, Assessment and Taxation Committee President Pro Temp Kimbrough made a motion to add Local Law E of 2021 by Majority Consent which was duly seconded and approved. Council Member Conti noticed introduction of Local Law E of 2021 as follows, which was held for further consideration: LOCAL LAW E OF 2021 (MC) A LOCAL LAW AMENDING CHAPTER 357 (VEHICLES, OFF ROAD) OF THE CODE OF THE CITY OF ALBANY RELATING TO THE ILLEGAL OPERATION OF OFF-ROAD VEHICLES IN THE CITY OF ALBANY The City of Albany, in Common Council convened, does hereby ordain and enact: Section 1. Chapter 357 (Vehicles, Off-Road) of Part II (General Legislation) of the Code of the City of Albany is hereby amended to read as follows: § 357-1 Purpose and intent. [The Common Council hereby finds and declares that the interests of public welfare and convenience require the preservation, promotion and protection of the aesthetic and ecological aspects of the environs of the City of Albany and intends through this legislation to preserve, promote and protect the aesthetic and ecological integrity of the Pine Bush.] [§ 357-2 Scope. The provisions of this chapter, unless otherwise expressly indicated or subsequently amended, are intended to apply and shall have application to the area of the City of Albany known as the “Pine Bush.”] § [357-3] 357-1 Definitions. 2 For the purpose of this chapter, the following terms shall have the meanings indicated: OFF-THE-ROAD VEHICLES All-terrain vehicles (sometimes known as “ATVs”) as that term in defined in section 2281 (1) of the New York State Vehicle and Traffic Law, off-highway motorcycles as that term is defined in section 125-a of the New York State Vehicle and Traffic Law, motocross or dirt bikes, dune buggies, go-carts and any and all other types of motorized trail bikes or vehicles that are manufactured for sale or operation primarily on off-highway trails or for off highway competitions and are only incidentally operated on public highways. Nothing contained herein, however, shall be deemed to apply to or prohibit the use of bicycles in this area. OPERATE To ride in or on, other than as a passenger, or use or control the operation of an off-road vehicle in any manner, whether or not said off-road vehicle is under way. PUBLIC HIGHWAY Any highway, road, alley, street, avenue, public place, public driveway, or any other public way. § 357-[4] 357-2 Restrictions. [No off-the road vehicles shall be used or operated on, upon, through or over the trails, trail system, dunes or other unpaved areas of the Pine Bush, the Albany Municipal Golf Course, Normanskill Farm, Tivoli Lakes, the Corning Reserve and Lower Patroon Island, Krank Park and the public lands in the vicinity of Frisbie Avenue not otherwise specifically designated or intended for vehicular traffic.] A. Public Property. No person shall operate an off-road vehicle on a public highway or on any public property in the City of Albany. B. Private Property. No person shall operate an off-road vehicle off a public highway on private property in the City Of Albany unless such person has first obtained the express consent of the owner or occupant of such property to operate the off-road vehicle on the property. There shall be a rebuttable presumption that the operator of an off-road vehicle on private property in the City of Albany lacks consent to operate the off-road vehicle on private property. § [357-5] 357-3 Penalties for offenses; impoundment and redemption. A. Any person [or persons so using or operating an off-the-road vehicles as aforesaid] who operates an off-road vehicle in violation of § 357-4 (A) or (B) of this chapter shall be guilty of an offense punishable by a fine not to exceed $650 or imprisonment not to exceed 15 days, or both. B. In addition to the penalties set forth in subsection (A) of this section, a police officer may immediately impound an off-road vehicle that has been operated in violation of § 357-4 (A) or (B) of this chapter. Such impounded off-road vehicle shall be stored by the pertinent police department or enforcement agency pending the identification of the owner of such 3 off-road vehicle as registered with the New York State Department of Motor Vehicles. Such title owner shall be sent notice of such impoundment at the address on file with the New York State Department of Motor Vehicles by certified mail within five days after the impoundment. Neither the police department impounding such off-road vehicle, nor the City of Albany, nor any agent nor employee thereof, shall be liable for any damages arising out of the provision of an erroneous name or address of such owner. The owner of the off- road vehicle operated in violation of § 357-4 (A) or (B) of this chapter may redeem such off-road vehicle upon satisfactory proof of ownership and payment of a redemption fee of $2,350. An off-road vehicle impounded under this subsection shall only be released to the owner of such off-road vehicle, or to such owner’s agent as evidenced by a written, notarized proof of agency, or duly executed power of attorney. § [357-6] 357-4 Enforcement. The Chief of Police is charged with the enforcement of the provisions of this chapter. § [357-7] 357-5 Severability. If any clause, sentence, paragraph or part of this chapter or application thereof to any person or circumstances shall be judged by any court to be invalid, such judgment shall not affect, impair or invalidate the remainder thereof or the application thereof to other persons and circumstances but shall be confined in its operation to the clause, sentence, paragraph or part thereof and the persons or circumstances directly involved in the controversy in which the judgment shall have been rendered. [§ 357-8 When effective. This chapter shall take effect immediately.] Section 2. This local law shall take effect upon final passage, public hearing, and filing with the Secretary of State. President Pro Temp Kimbrough referred Local Law E-2021 to the Public Safety Committee President Pro Tem Kimbrough held the remaining Local Laws on the pending agenda. REPORTS OF STANDING COMMITTEES: Finance, Assessment and Taxation: Chair Farrell reported that the committee met on March 4, 2021 members received an update from the Treasurer and Budget Director on City Finances. Ordinance 44.122.20 authorizing the closing of Scott Street passed through committee with amendments with a positive recommendation. Ordinance 45.122.20 authorizing the sale of Scott Street passed through the committee with a positive recommendation with amendments. Resolution 13.21.21 passed out of committee with a positive recommendation. Housing and Community Development: Chair Doesschate reported that the committee met on March 9, 2021 with Ms. Andrews to discuss the process for year 47 awards of Community Development Block Grants, tentative awards, and budget. Committee was advised that award letters had not been sent out yet but will be going out shortly. There is a joint hearing scheduled for April 7, 2021 that will let awardees appeal tentative awards, declinations, or reductions in funding. Final 4 actions for year 47 will be made and the resolution will pass out of committee allowing the Mayor to execute the documents. If there are any issues a meeting has been schedule for April 15, 2021. General Services Committee: Chair O’Brien reported the committee will be meeting on March 18, 2021 to consider three items: after action on a passed resolution regarding pedestrian safety and snow removal, Ordinance 4.31.21 which will include a presentation by the Albany Water Department regarding lead pipes, and Resolution 27.31.21R which honors Warren Adrian Mackey’s legacy and discusses the proposed street renaming Planning Committee: Chair Fahey discussed the planning committee’s March 3, 2021 meeting regarding the reappointment of Jeffrey Sperry-Resolution 18.22.21R-which passed out of committee with a positive recommendation. The committee also received an update on the USDO. Public Safety: Chair Kimbrough discussed the March 2nd and March 8th meetings discussing the Police reform collaboration and work on Resolution 26.31.21. On March 24, 2021 the committee will be meeting to discuss Local Law C and E of 2021. CONSIDERATION OF ORDINANCES Council member Fahey noticed the introduction of Ordinance 5.32.21 as follows, which was held for further consideration: ORDINANCE 5.32.21 AN ORDINANCE AMENDING ARTICLE I (GENERAL PROVISIONS) OF CHAPTER 375 (USDO) OF PART II OF THE CODE OF THE CITY OF ALBANY IN RELATION TO NECESSARY AMENDMENTS The City of Albany, in Common Council convened, does hereby ordain and enact: Section 1. Article I of Chapter 375 of the Code of the City of Albany is hereby amended to read as follows: Section 2. This Ordinance shall take effect immediately. President Pro Tem Kimbrough referred Ordinance 5.32.21 to the Planning, Economic Development and Land Use Committee for further consideration Council member Fahey noticed the introduction of Ordinance 6.32.21 as follows, which was held for further consideration: ORDINANCE 6.32.21 AN ORDINANCE AMENDING ARTICLE II (ZONING DISTRICTS) OF CHAPTER 375 (USDO) OF PART II OF THE CODE OF THE CITY OF ALBANY IN RELATION TO NECESSARY AMENDMENTS 5 The City of Albany, in Common Council convened, does hereby ordain and enact: Section 1. Article II of Chapter 375 of the Code of the City of Albany is hereby amended to read as follows: Section 2. This Ordinance shall take effect immediately. President Pro Tem Kimbrough referred Ordinance 6.32.21 to the Planning, Economic Development and Land Use Committee for further consideration Council member Fahey noticed the introduction of Ordinance 7.32.21 as follows, which was held for further consideration: ORDINANCE 7.32.21 AN ORDINANCE AMENDING ARTICLE III (USE REGULATIONS) OF CHAPTER 375 (USDO) OF PART II OF THE CODE OF THE CITY OF ALBANY IN RELATION TO NECESSARY AMENDMENTS The City of Albany, in Common Council convened, does hereby ordain and enact: Section 1. Article III of Chapter 375 of the Code of the City of Albany is hereby amended to read as follows: Section 2. This Ordinance shall take effect immediately. President Pro Tem Kimbrough referred Ordinance 7.32.21 to the Planning, Economic Development and Land Use Committee for further consideration Council member Fahey noticed the introduction of Ordinance 8.32.21 as follows, which was held for further consideration: ORDINANCE 8.32.21 AN ORDINANCE AMENDING ARTICLE IV (DEVELOPMENT STANDARDS) OF CHAPTER 375 (USDO) OF PART II OF THE CODE OF THE CITY OF ALBANY IN RELATION TO NECESSARY AMENDMENTS The City of Albany, in Common Council convened, does hereby ordain and enact: Section 1. Article IV of Chapter 375 of the Code of the City of Albany is hereby amended to read as follows: Section 2. This Ordinance shall take effect immediately. President Pro Tem Kimbrough referred Ordinance 8.32.21 to the Planning, Economic Development and Land Use Committee for further consideration 6 Council member Fahey noticed the introduction of Ordinance 9.32.21 as follows, which was held for further consideration: ORDINANCE 9.32.21 AN ORDINANCE AMENDING ARTICLE V (ADMINISTRATION AND ENFORCEMENT) OF CHAPTER 375 (USDO) OF PART II OF THE CODE OF THE CITY OF ALBANY IN RELATION TO NECESSARY AMENDMENTS The City of Albany, in Common Council convened, does hereby ordain and enact: Section 1. Article V of Chapter 375 of the Code of the City of Albany is hereby amended to read as follows: Section 2. This Ordinance shall take effect immediately. President Pro Tem Kimbrough referred Ordinance 9.32.21 to the Planning, Economic Development and Land Use Committee for further consideration Council member Fahey noticed the introduction of Ordinance 10.32.21 as follows, which was held for further consideration: ORDINANCE 10.32.21 AN ORDINANCE AMENDING ARTICLE VI (RULES OF CONSTRUCTION; DEFINITION) AND ARTICLE VII (APPLICATION FEES) OF CHAPTER 375 (USDO) OF PART II OF THE CODE OF THE CITY OF ALBANY IN RELATION TO NECESSARY AMENDMENTS The City of Albany, in Common Council convened, does hereby ordain and enact: Section 1. Article VI of Chapter 375 of the Code of the City of Albany is hereby amended to read as follows: Section 2. Article VII of Chapter 375 of the code of the City of Albany is hereby amended to read as follows: Section 3. This Ordinance shall take effect immediately. President Pro Tem Kimbrough referred Ordinance 10.32.21 to the Planning, Economic Development and Land Use Committee for further consideration Council member Kimbrough noticed the introduction of Ordinance 11.32.21 as follows, which was held for further consideration: ORDINANCE 11.32.21 7 AN ORDINANCE OF THE COMMON COUNCIL AUTHORIZING THE SALE TO AUMAND RESTORATIONS, LLC OF 948 BROADWAY (Tax Map Parcel Number 65.16-1- 32) The City of Albany, in Common Council convened, does hereby ordain and enact: Section 1. It is hereby ordered and directed that all the right, title, and interest of the City of Albany in and to the 0.02± acre parcel at 948 Broadway (Tax Map Parcel Number 65.16-1-32), be sold at private sale pursuant to the provisions of Local Law No. 4 of 1984 to Aumand Restorations, LLC. SUBJECT to all easements, restrictions and rights of way of record. Section 2. It is hereby determined that the aforesaid property has been abandoned for municipal or public purposes. Section 3. The form, content, terms and conditions of such conveyance shall be approved by the Corporation Counsel and shall be subject to the approval of the Board of Estimate and Apportionment, and if approved by said Board, the Mayor is hereby authorized and directed to execute a proper deed of conveyance for a valuable consideration. Section 4. This ordinance shall take effect immediately. President Pro Tem Kimbrough referred Ordinance 11.32.21 to the Finance, Assessment and Taxation Committee for further consideration. President Pro Tem Kimbrough held the remaining pending ordinances on the agenda for further consideration. CONSIDERATION OF RESOLUTIONS Council Member Robinson noticed the introduction of resolution 29.32.21R as follows, which was introduced and adopted by a voice vote: RESOLUTION NUMBER 29.32.21R A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF ALBANY RECOGNIZING THE REVEREND WILLIE JAMES STOVALL, SR.’S COMMITMENT AND CONTRIBUTIONS TO THE PEOPLE OF THE CITY OF ALBANY AND CONGRATULATING HIM ON HIS 32ND ANNIVERSARY AS PASTOR OF THE MOUNT OLIVE SOUTHERN MISSIONARY BAPTIST CHURCH WHEREAS, born and raised in Memphis, Tennessee, Pastor Willie James Stovall, Sr. confessed hope in Christ at the Springfield Missionary Baptist Church in Southaven, Mississippi in 1957; and 8 WHEREAS, after graduating from high school and serving in the U.S. Army until 1968, Pastor Stovall returned to Memphis and later owned and operated three businesses: a grocery store, a gas station, and an auto repair shop. In 1976, he began preaching the Word of God with his initial sermon in December of that year. In the 1980s, Pastor Stovall, along with his brother, built Mount Zion 144 people Memphis, TN. In 1982 he became Pastor at the Field Missionary Baptist Church in Earle, Arkansas. He would later serve as Pastor at the Philadelphia Missionary Baptist Church in Crawfordville, Arkansas; and WHEREAS, in 1989, Pastor Stovall moved to Albany, New York when he was elected Pastor at the Mount Olive Southern Missionary Baptist Church. He was instrumental in construting a new church building in 1992 to accommodate the congregation which had doubled in participation since his arrival three years prior; and WHEREAS, Pastor Stovall has been an active participant in many organizations and activities which benefit his congregation, including serving as moderator of the Hudson River Frontier Missionary Baptist Association for two terms; serving as a member of the National Baptist Convention; and as a member of the Public Relations Board and the New Body Committee of the Empire State Missionary Baptist Convention; and WHEREAS, in April of 1999, the Common Council of the City of Albany recognized the commitment and contributions of Pastor Stovall to the people of the City of Albany and congratulated him on his tenth anniversary as Pastor of the Mount Olive Southern Missionary Baptist Church and on his many achievements; and WHEREAS, among his accomplishments, Pastor Stovall:  Organized and was elected Chairman of African American Clergy United for Empowerment in 1997, 2011, and 2013  Was elected Area #3 Vice President Empire Missionary Baptist Convention, Inc. 2000 – 2011  Organized New Hope Baptist Church, Troy, New York  Organized New Jerusalem Mission Baptist Church, Troy, New York ~ 2012  Increased ministerial staff increased in 2012  Was certified Chaplain by the CICA International Chaplaincy Association on September 25, 2015  Was selected as a committee member for the Albany Downtown Revitalization Initiative Project in 2018; NOW, THEREFORE, BE IT RESOLVED, the Common Council of the City of Albany recognizes Pastor Stovall’s commitment and contribution to the people of the City of Albany and congratulates him on his 32nd anniversary as Pastor of Mount Olive Southern Missionary Baptist Church. *Council Member(s) Robinson spoke on the resolution prior to passage. There being no further discussion, President Ellis called for a voice vote thereon and the resolution was adopted: Resolution 29.32.21R was co-sponsored by Council Members Love, Anane, Balarin, Conti, Doesschate, Fahey, Flynn, Farrell, Frederick, Hoey, Igoe, Johnson, Kimbrough, O’Brien 9 Affirmative – Anane, Balarin, Conti, Doesschate Fahey, Flynn, Farrell Frederick, Hoey, Igoe, Johnson, Kimbrough, Love, O’Brien, and Robinson Affirmative 15 Negative 0 Abstain 0 Council Member Doesschate noticed the introduction of resolution 30.32.21R as follows, which was introduced and adopted by a voice vote: Council Member Doesschate noticed the introduction of the resolution, which was introduced and adopted by a voice vote: RESOLUTION 30.32.21R RESOLUTION OF THE COMMON COUNCIL HONORING THE LIFE AND LEGACY OF DEACONESS LELA M. WALLACE AND HER CONTRIBUTIONS TO THE CITY OF ALBANY AND ITS CHILDREN WHEREAS, on February 16, 2021, the beloved Deaconess Lela Mae Wallace peacefully passed away after a long illness, with her family surrounding her; and WHEREAS, Lela Wallace was born September 26, 1937 in Shannon, Mississippi to Estellar Mae and Homie Lee Wallace and was the sister of Mary L. Pointer, Minnie B. Catoe, and Aubrey C. Wallace who predeceased her, and is survived by her sister, Mother Margaret McCann of Wilborn’s Temple COGIC, four adopted sisters, Diane Jones, Sandra Thorpe, Elizabeth Brown and Rubye Johnson; four nieces and five nephews: Mechelle, Jenelle, Renee, Carla, Tyrone, Jermaine, Tymus, Jai, and Dennis Edney and many beautiful great-nieces and great-nephews and their children, cousins, colleagues, students, and friends who will always remember her extraordinarily loving and spiritual life; and WHEREAS, Lela Wallace was educated in Albany Public Schools then went on to SUNY Cobleskill to earn her Associate of Applied Science Degree in Early Childhood Education and Nursing degree that set her up for a lifetime of caring for the health, welfare, happiness, education, and overall wellbeing of every child that crossed her path, initially at Saratoga’s Hawley Home for Children and then at Albany’s St. Catherine’s Center for Children where she served for 10 years; and WHEREAS. Miss Wallace then continued her education at Russell Sage College where she earned a Bachelor of Science Degree in Elementary Education in 1974 and began student teaching at Albany Public School 19 (now known as New Scotland Elementary School) in her junior year; and WHEREAS, Miss Wallace remained at School 19 for 28 years and was one of the most beloved first grade teachers of all time both because of her incredible love and patience and certitude that all children can learn, and because of her ability to reassure nervous parents dropping their child off on the first day of school that their children would be okay, safe, loved, and would actually learn!; and WHEREAS, many have spoken of the incredible gifts she shared, with one former student speaking for all of her students by saying “She always showed all of us love. Her patience and love for children lives on through those of us who were lucky to have her as a teacher, ” and another person poignantly speaking for us all lucky enough to have known her when he wrote on her tribute wall “She 10 taught us mostly how it should feel to be loved in this world. For that, she will be missed greatly, and never will her memory be forgotten by all those that loved and adored her;” and WHEREAS, while teaching at School 19, Miss Wallace achieved a Master of Science Degree from SUNY Albany and was recognized by ‘Who’s Who Among America’s Teachers” as one of the Best Teachers in America 1998, 2000, 2004-2005, 2005-2006. She also received numerous other awards including NYS Congress of Parents and Teachers Inc. Certificate of Appreciation for her “dedication to the welfare of children and youth”; and WHEREAS, upon her arrival in Albany, along with her parents and grandparents, Lela M. Wallace united with the Metropolitan New Testament Mission Baptist Church where she became a Deaconess at the age of 14 and continued to serve the church, it’s members, and community throughout her life; and WHEREAS, as Co-Founder and President of the Home Mission 1972-1989 Deaconess Wallace led in her ministry to feed the hungry, and visit the aged, the sick, and the shut in, and as a Sunday School teacher and choir member she was dedicated to the stirring of all minds and hearts; and WHEREAS, during her time teaching, volunteering, and winning awards, Lela tended to her other passions of scrapbooking, collecting cookbooks and recipes, and bowling in her church’s league; and WHEREAS, Deaconess Lela M. Wallace, adored and beloved teacher, sister, aunt, colleague, friend, has left us an impeccable legacy for us to appreciate; NOW THEREFORE, BE IT RESOLVED, the City of Albany's Common Council pauses to commend and honor the memory of Deaconess Lela M. Wallace and her many contributions to our community, the lives of the children she taught, the people she mentored and the boundless unconditional love she shared with all who knew her; and BE IT FINALLY RESOLVED, that the Common Council of the City of Albany sends their condolences to her extended family and that the Clerk of the Common Council is to send an embossed copy of this resolution to her sister, Mother Margaret McCann. *Council Member(s) Doesschate, Fahey, Johnson, and Robinson spoke on the resolution prior to passage. There being no further discussion, President Ellis called for a voice vote thereon and the resolution was adopted: Resolution 30.32.21R was co-sponsored by Council Members Fahey, Love, Robinson, Anane, Balarin, Conti, Flynn, Farrell, Frederick, Hoey, Igoe, Johnson, Kimbrough, O’Brien Affirmative – Anane, Balarin, Conti, Doesschate, Fahey, Farrell, Flynn, Frederick, Hoey, Igoe, Johnson, Kimbrough, Love, O’Brien, Robinson 11 Affirmative 15 Negative 0 Abstain 0 Council Member Frederick noticed the introduction of resolution 31.32.21R as follows, which was introduced and adopted by a voice vote: RESOLUTION NUMBER 31.32.21R A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF ALBANY HONORING THE LIFE AND LEGACY OF STEPHEN EARL WINTERS WHEREAS, Stephen Earl Winters, 63, died suddenly on January 1, 2021. Stephen was born on September 24th, 1957 in Texas to Claude and Evelyn “Carol” Winters and raised in Oklahoma and North Carolina. Stephen attended the University at Albany as an undergraduate and graduate student, receiving a graduate degree in Social Work; and WHEREAS, Stephen was a proud veteran of the U.S. Air Force. He was the past Executive Director at both the Interfaith Partnership for the Homeless and the South End Improvement Corporation. He was a past president of the Second Avenue Neighborhood Association. He volunteered with many community organizations including the Honest Weight Food Co-op, the League of Women Voters, United Tenants of Albany, FOCUS Churches, MOMS Demand Action, and many others. He was a Dachshund enthusiast and an officer of several dog clubs including the Stewards Club of Upstate NY; and WHEREAS, in both his professional career and volunteer service, Stephen was an advocate for the less fortunate and underserved people in our community. Stephen was not afraid of getting into “good trouble,” raising concerns with elected officials or asking business owners to step up to the plate for those in need. Stephen was the consummate example of a “community activist” and his work has left a lasting impact on our community; and NOW THEREFORE, BE IT RESOLVED, the Common Council of the City of Albany honors the life and legacy of Stephen Earl Winters and sends its condolences to his family *Council member(s) Frederick, Conti, and Fahey spoke on the Resolution prior to passage. Resolution 31.32.21R was co-sponsored by Council Members Anane, Balarin, Conti, Doesschate, Fahey, Farrell, Flynn, Hoey, Igoe, Johnson, Kimbrough, O’Brien, Robinson There being no further discussion, President Ellis called for a roll call vote thereon and the Resolution was ADOPTED: Affirmative – Anane, Balarin, Conti, Doesschate Fahey, Farrell, Flynn, Frederick, Hoey, Igoe, Johnson, Kimbrough, O’Brien, and Robinson Affirmative 14 Negative 0 Abstain 0 Council Member Farrell on behalf of the Committee on Finance, Taxation, and Assessment noticed Resolution 13.21.21R as follows, asked passage and a roll call vote thereon: RESOLUTION NUMBER 13.21.21R 12 A RESOLUTION OF THE COMMON COUNCIL CONSENTING TO THE ELIMINATION OF ONE FULL TIME POSITION AND THE CREATION OF ANOTHER, WHICH WILL AFFECT A SALARY TOTAL FOR THE 2021 BUDGET (OFFICE OF HUMAN RESOURCES) WHEREAS, section 603(D)(b) of the Charter of the City of Albany dictates that any transfer of budgeted funds that affects a salary rate or salary total that occurs outside of those described in the duly adopted budget requires the approval of the Common Council; and WHEREAS, the Human Resources Office has requested the elimination of the Human Resources Generalist 1 position, which will result in the following changes: Eliminate HR Generalist 1 A.1430.1600.7000 ($36,419) Decrease (Salaries) A.1430.1600.7000 $36,419 (Contingency) A.1900.7448 $22,287 Total $58,706 and WHEREAS, the Human Resources Office has also requested that such Human Resources Generalist 1 position be replaced with the creation of a Human Resources Generalist 3 position, which will result in the following changes: Create HR Generalist 3 A.1430.1600.7000 $57,122 Increase (Salaries) A.1430.1600.7000 $57,122 (Social Security) A.1430.1600.7801 $1,584 Total $58,706 NOW, THEREFORE, BE IT RESOLVED, that the Common Council of the City of Albany consents to the transfer of funds affecting salary totals due to the elimination of Human Resources Generalist 1 position and the creation of one additional Human Resources Generalist 3 position within the Office of Human Resources for the 2021 budget year. Council Member Kimbrough noticed the introduction of Resolution as follows, which was held for further consideration: There being no further discussion, President Ellis called for a roll call vote thereon and the Resolution was ADOPTED: Affirmative – Anane, Balarin, Conti, Doesschate Fahey, Farrell, Flynn, Frederick, Hoey, Igoe, Johnson, Kimbrough, O’Brien, Robinson 13 Affirmative 14 Negative 0 Abstain 0 Council Member Fahey on behalf of the Committee on Planning, Economic Development, and Land Use 18.22.21R as follows, asked passage and a roll call vote thereon: RESOLUTION NUMBER 18.22.21R RESOLUTION OF THE COMMON COUNCIL CONFIRMING THE REAPPOINTMENT OF JEFFREY SPERRY AS A MEMBER AND THE CHAIRPERSON OF THE ALBANY PARKING AUTHORITY WHEREAS, the Mayor of the City of Albany has, pursuant to the provisions of Section 1493- c of the Public Authorities Law of the State of New York reappointed Jeffrey Sperry as a member and the Chairperson of the Albany Parking Authority; NOW, THEREFORE, BE IT RESOLVED that Jeffrey Sperry be confirmed as a member and the Chairperson of the Albany Parking Authority for a five (5) year term of office to expire January 2, 2026. *Council member(s) Conti spoke on the Resolution prior to passage. Resolution 18.32.21R was co-sponsored by Council Members Anane and Balarin There being no further discussion, President Ellis called for a roll call vote thereon and the Resolution was ADOPTED: Affirmative – Anane, Balarin, Conti, Doesschate, Fahey, Farrell, Flynn, Frederick, Hoey, Igoe, Johnson, Kimbrough, O’Brien, and Robinson Affirmative 14 Negative 0 Abstain 0 Council Member Kimbrough on behalf of the Committee on Public Safety noticed Resolution 26.31.21R as amended and asked passage and a roll call vote thereon: RESOLUTION NUMBER 26.31.21R (As Amended 03/15/2021) RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF ALBANY IN RELATION TO EXECUTIVE ORDER 203 WHEREAS, on June 12, 2020, Governor Andrew Cuomo issued Executive Order No. 203; and WHEREAS, there is a long and painful history in New York State of discrimination and mistreatment of black and African-American citizens dating back to the arrival of the first enslaved Africans in America; and WHEREAS, this recent history includes a number of incidents involving the police that have resulted in the deaths of unarmed civilians, predominantly black and African-American men, that have undermined the 14 public’s confidence and trust in our system of law enforcement and criminal justice, and such condition is ongoing and urgently needs to be rectified; and WHEREAS, these deaths in New York State include those of Anthony Baez, Amadou Diallo, Ousmane Zango, Sean Bell, Ramarley Graham, Patrick Dorismond, Akai Gurley, and Eric Garner, amongst others, and, in other states include Oscar Grant, Trayvon Martin, Michael Brown, Tamir Rice, Laquan McDonald, Walter Scott, Freddie Gray, Philando Castile, Antwon Rose Jr., Ahmaud Arbery, Breonna Taylor, and George Floyd, amongst others; and WHEREAS, these deaths in the City of Albany include those of Jessie Davis, and Donald “Dontay” Ivy and the harm against Ellazar Williams; and WHEREAS, government has a responsibility to ensure that all of its citizens are treated equally, fairly, and justly before the law; and WHEREAS, The Mayor of the City of Albany called for a Collaborative which consisted of community members and stakeholders and such Collaborative first met on August 18, 2020, and met weekly on Tuesdays from 6:00 pm to 7:30 pm; and WHEREAS, several working groups were formed to review current practices and review and propose reforms of policing in the City of Albany. Such working groups were: Policies, Standard Operative Procedures, and General Orders Working Group; Civilian Oversight Working Group; Community Safety and Restorative Justice Working Group; and Recruitment, Retention, Promotion, Training, and Officer Development Working Group; and WHEREAS, the Collaborative produced several reports and presented a draft plan on February 1, 2021, with subsequent amendments presented later (“The Plan or Plan”) to the Common Council of the City of Albany, and the Public Safety Committee met on, February 8th, March 2nd, and March 8th, 2021 to receive public comment on the proposed plan by the collaborative; and WHEREAS, Black Lives Matter; and NOW, THEREFORE, BE IT RESOLVED, The Common Council realizes that there are changes that need to be made at all levels of government and implore our federal, state, and county legislative partners to implement the appropriate legislation for meaningful change; and BE IT, FURTHER RESOLVED, that the Common Council adopts the followings statement outlining its intent and recommendation: Limitations The Common Council recognizes that due to the Covid-19 Pandemic that community participation was limited to online, not-in person meetings, but recognizes the efforts made the Mayor’s administration to the best of its ability to have an open and transparent process. Timeline As proposed by the plan, “A” action items have a timeline of 12-18 months. It is preferred that the timeline state that 0-18 months as some of those action items can be completed sooner than 12 months. Accountability The Plan fails to state any measure of accountability on the implementation. It is recommended that the Mayor and the Chief of Police provide the Common Council a quarterly report on the status of the implementation of all the action items as well as any changes/ amendments made to the plan. Actions by the Common Council The plan fails to acknowledge changes that the Common Council has already undertaken in the last year such as the adoption of: Ordinance 12.62.20 - Requiring Field Sobriety Tests in Spanish 15 Local Law H of 2020 – Requires the Police Department to gather the statistics of race, age, ethnicity, and gender of those who are involved in traffic violations, or who are patted down, frisked, and searched among other things. Local Law I of 2020 – Establishes a body-worn camera policy in our code. Local Law J of 2020 – Reforms the Community Police Review Board. Items Absent from The Plan The Plan fails to implement an overall vision on police reform to make all working group finding and recommendations come together. As noted by community members, section 1 of the plan summarizes key recommendations of the working groups but fails to acknowledge that the City of Albany will also take into consideration other recommendation from the workgroups found in Section 2 of the plan as part of the overall police reform. As recognized by some members of the Policies, Standard Operative Procedures, and General Orders Working Group, their recommendations have portions missing. Any amendments to the plan should be sent to the Common Council for further review. BE IT, FINALLY RESOLVED, that the Common Council adopts the plan as presented from the Mayor’s Office with the understanding that this is the initial step in making formative changes to policing and recognizing that the plan is not fully comprehensive and there will be various recommendations and changes to current policy that will continue to be identified and will result in additional legislation. *Council member(s) Kimbrough, Doesschate, Anane, Balarin, Frederick, Hoey, Johnson, and Council President Ellis spoke on the Resolution prior to passage. Resolution 26.31.21(MC) was co-sponsored by Anane There being no further discussion, President Ellis called for a voice vote thereon and the Resolution was ADOPTED: Affirmative – Anane, Balarin, Conti, Doesschate, Fahey, Farrell, Flynn, Frederick, Hoey, Igoe, Johnson, Kimbrough, O’Brien, and Robinson Negative- Doesschate Affirmative 13 Negative 1 Abstain 0 President Pro Tem Kimbrough held the pending Resolutions on the agenda for further consideration MISCELLANOUS BUSINESS Council member Hoey discussed Local Law E of 2021 and asked for someone to get the laws regarding operating vehicles without proper insurance and having them at the Public Safety Committee meeting when Local Law E of 2021 is discussed. 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 8:47pm. DANIELLE GILLESPIE City Clerk of the City of Albany and Clerk to the Common Council 16 Council Members Balarin Conti, and Love introduced the following: LOCAL LAW E OF 2020 (MC) A LOCAL LAW AMENDING CHAPTER 357 (VEHICLES, OFF ROAD) OF THE CODE OF THE CITY OF ALBANY RELATING TO THE ILLEGAL OPERATION OF OFF- ROAD VEHICLES IN THE CITY OF ALBANY The City of Albany, in Common Council convened, does hereby ordain and enact: Section 1. Chapter 357 (Vehicles, Off-Road) of Part II (General Legislation) of the Code of the City of Albany is hereby amended to read as follows: § 357-1 Purpose and intent. [The Common Council hereby finds and declares that the interests of public welfare and convenience require the preservation, promotion and protection of the aesthetic and ecological aspects of the environs of the City of Albany and intends through this legislation to preserve, promote and protect the aesthetic and ecological integrity of the Pine Bush.] [§ 357-2 Scope. The provisions of this chapter, unless otherwise expressly indicated or subsequently amended, are intended to apply and shall have application to the area of the City of Albany known as the “Pine Bush.”] § [357-3] 357-1 Definitions. For the purpose of this chapter, the following terms shall have the meanings indicated: OFF-THE-ROAD VEHICLES All-terrain vehicles (sometimes known as “ATVs”) as that term in defined in section 2281 (1) of the New York State Vehicle and Traffic Law, off-highway motorcycles as that term is defined in section 125-a of the New York State Vehicle and Traffic Law, motocross or dirt bikes, dune buggies, go-carts and any and all other types of motorized trail bikes or vehicles that are manufactured for sale or operation primarily on off-highway trails or for off highway competitions and are only incidentally operated on public highways. Nothing contained herein, however, shall be deemed to apply to or prohibit the use of bicycles in this area. OPERATE To ride in or on, other than as a passenger, or use or control the operation of an off-road vehicle in any manner, whether or not said off-road vehicle is under way. PUBLIC HIGHWAY Any highway, road, alley, street, avenue, public place, public driveway, or any other public way. § 357-[4] 357-2 Restrictions. [No off-the road vehicles shall be used or operated on, upon, through or over the trails, trail system, dunes or other unpaved areas of the Pine Bush, the Albany Municipal Golf Course, Normanskill Farm, Tivoli Lakes, the Corning Reserve and Lower Patroon Island, Krank Park and the public lands in the vicinity of Frisbie Avenue not otherwise specifically designated or intended for vehicular traffic.] A. Public Property. No person shall operate an off-road vehicle on a public highway or on any public property in the City of Albany. B. Private Property. No person shall operate an off-road vehicle off a public highway on private property in the City Of Albany unless such person has first obtained the express consent of the owner or occupant of such property to operate the off-road vehicle on the property. There shall be a rebuttable presumption that the operator of an off-road vehicle on private property in the City of Albany lacks consent to operate the off-road vehicle on private property. § [357-5] 357-3 Penalties for offenses; impoundment and redemption. A. Any person [or persons so using or operating an off-the-road vehicles as aforesaid] who operates an off-road vehicle in violation of § 357-4 (A) or (B) of this chapter shall be guilty of an offense punishable by a fine not to exceed $650 or imprisonment not to exceed 15 days, or both. B. In addition to the penalties set forth in subsection (A) of this section, a police officer may immediately impound an off-road vehicle that has been operated in violation of § 357-4 (A) or (B) of this chapter. Such impounded off-road vehicle shall be stored by the pertinent police department or enforcement agency pending the identification of the owner of such off-road vehicle as registered with the New York State Department of Motor Vehicles. Such title owner shall be sent notice of such impoundment at the address on file with the New York State Department of Motor Vehicles by certified mail within five days after the impoundment. Neither the police department impounding such off-road vehicle, nor the City of Albany, nor any agent nor employee thereof, shall be liable for any damages arising out of the provision of an erroneous name or address of such owner. The owner of the off-road vehicle operated in violation of § 357-4 (A) or (B) of this chapter may redeem such off-road vehicle upon satisfactory proof of ownership and payment of a redemption fee of $2,350. An off- road vehicle impounded under this subsection shall only be released to the owner of such off-road vehicle, or to such owner’s agent as evidenced by a written, notarized proof of agency, or duly executed power of attorney. § [357-6] 357-4 Enforcement. The Chief of Police is charged with the enforcement of the provisions of this chapter. § [357-7] 357-5 Severability. If any clause, sentence, paragraph or part of this chapter or application thereof to any person or circumstances shall be judged by any court to be invalid, such judgment shall not affect, impair or invalidate the remainder thereof or the application thereof to other persons and circumstances but shall be confined in its operation to the clause, sentence, paragraph or part thereof and the persons or circumstances directly involved in the controversy in which the judgment shall have been rendered. [§ 357-8 When effective. This chapter shall take effect immediately.] Section 2. This local law shall take effect upon final passage, public hearing, and filing with the Secretary of State. APPROVED AS TO FORM THIS 9TH DAY OF MARCH, 2021 ______________________________ Corporation Counsel To: Danielle Gillespie, City Clerk From: Brett Williams, Senior Assistant Corporation Counsel Re: Request for Common Council Legislation Supporting Memorandum Date: March 9, 2021 Sponsor(s): Balarin, Conti, and Love Local Law E of 2021 TITLE A LOCAL LAW AMENDING CHAPTER 357 (VEHICLES, OFF ROAD) OF THE CODE OF THE CITY OF ALBANY RELATING TO THE ILLEGAL OPERATION OF OFF-ROAD VEHICLES IN THE CITY OF ALBANY GENERAL PURPOSE OF THE LEGISLATION The reckless operation of illegal, unregistered dirt bikes, ATVs, and other non-street legal vehicles on the streets and in the parks of Albany has been a scourge on City residents and visitors in recent years – particularly during the summer. The operators of these vehicles, usually in groups, ride with abandon over many parts of the City with no regard for traffic laws, their own well-being, or the safety of bystanders, let alone the considerable noise their vehicles generate, disturbing the peace as they maraud across the City. While the operation of dirt bikes and ATVs is already illegal on public highways under the New York State Vehicle and Traffic Law, this law makes it explicitly unlawful to operate such vehicles on the public highways, in the public parks, or on any other private land in the City of Albany. It also expressly forbids the operation of these vehicles on private property without the express consent of the owner or occupant of such property. This local law also allows the police to impound any vehicles used in violation of this local law, provides for a $2,350 redemption fee, which the title owner of a vehicle impounded under this law must pay before the vehicle will be released back to the owner. Together with the maximum $650 fine already in place for violations of Chapter 357, violators of this Chapter will now face up to $3,000 in fines and fees for each violation. NECESSITY FOR LEGISLATION AND ANY CHANGE TO EXISTING LAW Chapter 357 of the Code, as it stands now, bans the use of “off-the-road” vehicles only “on, upon, through or over the trails, trail system, dunes or other unpaved areas of the Pine Bush, the Albany Municipal Golf Course, Normanskill Farm, Tivoli Lakes, the Corning Reserve and Lower Patroon Island, Krank Park and the public lands in the vicinity of Frisbie Avenue not otherwise specifically designated or intended for vehicular traffic.” This law expands and clarifies the definition of “off- road vehicles" and bans their operation on public property, as well as private property without the owner or occupant’s permission, throughout the City. This law retains the former Chapter 357’s maximum $650 fine for a violation of the chapter, but allows the police to impound vehicles used in the commission of such violations and establishes a redemption fee, as discussed above, which vehicle owners must pay in order to receive their vehicles back. FISCAL IMPACT This law adds a impoundment redemption fee of $2,350 which did not exist in the former version of Chapter 357. Common Council Meeting Date 03-16-2021 Name Ford McLain Address Street Address: 263 Elm Street City: Albany State / Province: NY Postal / Zip Code: 12202 Phone Number (518) 2530548 Topic This comment is in support of Local Law A of 2021, nonpartisan elections. I strongly support the proposed law to reform elections so that candidates may run as individuals and not as designees of a certain party and that voters of all affiliations or non-affiliations are able to vote in these elections in the city. This change in the election law would encourage candidates of the majority party (the Democratic Party, which comprises 71 percent of active voters) to reach out to all voters of their catchment area, not just those of their party. It would also make an incumbent elected in this type of election accountable to all voters in their catchment area as well. Democracy and the development of good public policy would be well- served by this change. Elections could be structure in a two-tiered system: spring elections would include all candidates running for office. A fall election could be held between the top two vote getters if no candidate in the spring election receives 50 percent + 1 vote. I support the proposed change in election law and believe that the Council should approve it and forward it for public discussion, a signature by the Mayor and a referendum. Thank you for your time. I would like to speak at the Common Council No Meeting Date 03-13-2021 Email fprmclain@hotmail.com You can edit this submission and view all your submissions easily. Common Council Meeting Date 03-15-2021 Name A Green Address Street Address: 509 West Lawrence City: ALBANY State / Province: New York Postal / Zip Code: 12208 Phone Number (518-) 4822672 Topic City of Albany Policing Reform and Reinvention Collaborative Final Draft Report I would like to speak at the Common Council Yes Meeting Date 03-15-2021 Email alicecflj@gmail.com You can edit this submission and view all your submissions easily. Common Council Meeting Date 03-15-2021 Name Joann Sternheimer Address Street Address: 41 South Pine Ave City: Albany State / Province: New York Postal / Zip Code: 12208 Phone Number (518) 4418512 Topic USDO, experience with rejected application, appeal process and working meetings. I would like to speak at the Common Council Yes Meeting Date 03-15-2021 Email joann.sternheimer@gmail.com You can edit this submission and view all your submissions easily. CFLJ COMMENTS TO THE ALBANY COMMON COUNCIL, MARCH 15, 2021 This month, the Common Council Public Safety Committee hosted two public comment periods concerning the City of Albany Policing Reform and Reinvention Collaborative Amended Final Draft Report. One of the common themes reflected in comments from community groups such as the Center, the NAACP, and the Capital Area Council of Churches, and also by Common Council members, is the lack of a clear vision statement for Albany policing. The President of the Common Council has reached out to the Center for Law and Justice and asked us to assist in articulating that vision statement. We happily note that, while the administration’s suggested plan does not articulate a vision statement, key elements of a vision statement appear in the Collaborative’s Working Group reports. The document submitted by the administration is in two parts. The first part contains what the administration calls “action items” --- those Collaborative recommendations the administration intends to pursue. The second part of the document contains the full reports of the five Collaborative Working Groups, including recommendations that the administration has chosen not to include among its “action items.” Also articulated in these five reports is the reasoning behind Collaborative members’ recommendations, providing the foundations of a vision statement. The Working Group reports reveal that Collaborative members took to heart the Executive Order’s mandate that municipalities reinvent policing, requiring transformative change in how public safety is provided in Albany. Transformative change means that the new, envisioned system of public safety is likely to look quite different than the current structure. Working Group comments in the document reflect this transformative change. Both the “Police Department Functions” Working Group and the “Civilian Oversight” Working Group suggest that reinvented policing in Albany should include a civilian public safety commission that is independent from the APD, but has “teeth” and sufficient staff to allow them to do meaningful work. The “Functions” group states, “The involvement of armed officers in public health issues coupled with the systemic racism in our society has led to grave distrust between the police department and the community they are responsible for serving. … The Police Functions Working Group has studied those areas in which qualified civilians, existing agencies and/or trained professionals can more appropriately respond and replace members of the police department. … Our policy recommendations speak to the scope of services needed by our community and identify those agencies and service providers that could limit the footprint of the Albany Police Department while furthering that vision.” The “Civilian Oversight” group states, “The goal of the Collaborative, as we understand it, is to reform and reinvent policing in Albany in a way that will earn the trust of the community. Community trust must be the test for all proposals.” A third Working Group, “Policies, Standard Operating Procedures, and General Orders,” stresses the need for the reinvented policing system to “eliminate racial disparities in outcomes resulting from police/civilian interactions,” and “transform police culture from the warrior mentality to a guardian mentality.” A fourth group, “Community Safety and Restorative Justice,” states as its vision: “We are committed to a restorative and balanced approach to policing, crime and conflict that promotes justice and resolution for victims, reparation for the community, accountability, and reintegration of the offender into productive community life – with respectful treatment for all involved. We acknowledge harm caused by systemic racism and police brutality. We are committed to amplifying positive police strategies and practices that promote community safety.” In drafting a vision statement, the Center has been guided by three resources: • • the mandate of New York State Executive Order 203 to “reinvent” policing; • • a January 2021 publication of the NYU School of Law’s Policing Project, “Reimagining Public Safety: First Convening Report;” and • • most importantly, the words of the members of the City of Albany Policing Reform and Reinvention Collaborative Working Groups, as expressed in the February 12, 2021 report submitted to the Albany Common Council Public Safety Committee. The Center is honored to be asked by the Common Council President to serve in this role. Our work in reimagining policing in Albany began well before Executive Order #203 was issued in 2020. In 2019, we issued a report detailing the strained relationship between the Albany Police Department and our communities of color. In March 2020, we invited the Mayor’s Office, the Police Chief, the Common Council President, and the District Attorney to join the Center in co-sponsoring a “recommitment to community policing” seminar in the Fall of 2020. After George Floyd’s murder in May, our symposium took on added importance and attracted several new partners, including public broadcasting station WAMC. Our symposium, “The Time for Reckoning: Confronting Systemic Racism, Seeking Justice and Reimagining Society” was broadcast as a PBS “New York Now” special in October. Although the Center was not invited to participate in Albany’s Collaborative to reinvent policing, we have supported the Collaborative’s work in many ways. In addition to providing information to the research group that produced the “Racial Bias Audit of the Albany Police Department,” in November the Center sent each Collaborative Working Group chair a detailed letter with materials relevant to their particular group. We invited them to contact us if we could be of further assistance. When the groups produced their draft reports in January, we sent each Chair a detailed letter offering our feedback. It has been a pleasure working with the Collaborative, and we look forward to working with the Common Council to finalize a vision statement, timeline, and measurable goals and objectives for Albany’s reinvented policing plan.