ALBANY COMMON COUNCIL MINUTES OF A REGULAR MEETING. Monday, August 1, 2011

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1 ALBANY COMMON COUNCIL MINUTES OF A REGULAR MEETING Monday, August 1, 2011 The Common Council was convened at 7:00 p.m. and was called to order by Council President McLaughlin. The roll being called, the following answered to their names: Council Members Bailey, Calsolaro, Commisso, Conti, Fahey, Freeman, Golby, Herring, Jenkins-Cox, Konev, O Brien,. Also present was the following staff: Regina Goodbee, Patrick Jordan, Barbara Samel and Cashawna Parker. Council Member Commisso led the Pledge of Allegiance. Council Member Conti made a motion to change the order of business for the consideration of Resolution Number R, which was approved by unanimous voice vote. Council Member Conti asked and received majority consent to add Resolution Number R to the pending agenda, which was approved by unanimous voice vote. Council Members Freeman, Bailey, Calsolaro, Commisso, Conti, Fahey, Golby, Herring, Igoe, Jenkins-Cox, Konev, O Brien, introduced the following, asked for passage and a roll call vote thereon: RESOLUTION NUMBER R(MC) RESOLUTION HONORING THE LIFE AND COMMUNITY SERVICE OF MS. HERMEICE MORTON OF ALBANY, NEW YORK WHEREAS, Hermeice Morton was a resident of Albany, New York, who worked tirelessly in the South End Community, where she lived, and WHEREAS, Ms. Morton unselfishly dedicated countless hours in planning and participating in charitable events to benefit the lives of many families, and WHEREAS, Ms. Morton saw the need of stamping out poverty at home and abroad, by raising money to send to children in the Country of Haiti, after a violent hurricane displaced thousands of families, and WHEREAS, her efforts laid the foundation for the campaign, and approval of what is soon to become the new Bus Route for Morton Avenue, which will serve hundreds of families in Albany's South End, and WHEREAS, sadly, that approved Bus Route for Morton Avenue will begin this fall, without Hermeice being one of the first riders, however, we know she will be there in spirit, and

2 WHEREAS, her contributions of working with community organizations to improve the lives of many families in the South End and abroad are not forgotten. NOW, THEREFORE, BE IT RESOLVED, that the Common Council of the City of Albany take pause to remember the life and contributions of Hermeice Morton, of Albany, New York. NOW, THEREFORE, BE IT FURTHER RESOLVED, that her contributions to the South End Community be recorded by the City Clerk and a copy of said resolution be suitably embossed and delivered to the Morton Family. *Note: Council Members Freeman and Council President McLaughlin spoke on this resolution prior to passage. Affirmative Bailey, Calsolaro, Commisso, Conti, Fahey, Freeman, Golby, Herring, Jenkins-Cox, Konev, O Brien, Affirmative 14 Negative 0 Abstain 0 PUBLIC COMMENT PERIOD 1. Willie White, A Village, Morton Ave., Albany, NY (Resolution R(MC)) 2. James Lafferty, 266 Morton Ave., Albany, NY (Lincoln Park Large Group Noise Complaint) 3. Donald J. Reeb, 5 Norwood St., Guilderland, NY (SUNY use of Harriman Campus) 4. Dr. Leonard Morgenbesser, 219 Tampa Ave., Albany, NY (Gun Violence) 5. Daniel Plaat, 187 Elk St., Albany, NY (Support Ordinance ) There being no further speakers, the President declared the Public Comment Period closed. APPROVAL OF MINUTES FROM PREVIOUS MEETING Council Member Conti made a motion to approve the minutes of the July 7, 2011 and July 18, 2011 meetings, which was approved by unanimous voice vote. CONSIDERATION OF LOCAL LAWS The Local Laws on the pending agenda were held at the request of Council Member Conti. REPORTS OF STANDING COMMITTEES Public Safety Council Member Smith stated that the Committee met on July 20, 2011 at 5:30 p.m. with Chief Forezzi and other representatives of the department on their mid-year budget status. The department is not over budget at this point. The Committee came up with several action items with relation to pending grants for the department such as, lobbying our NYS and Federal elected officials, but the Committee was informed shortly after the meeting that the department was not awarded the grant. She stated that another meeting would be forthcoming relating to demolitions. 2

3 General Services, Health and Environment Council Member O Brien stated that the Committee would be meeting on August 3, 2011 at 4:30 p.m. to discuss with Commissioner Bob Cross with the Water Department and Commissioner Nick D Antonio with Department of General Services to discuss their mid-year budgets Finance, Taxation and Assessment Council Member Sano stated that the met prior to tonight s meeting to interview the remaining Public/Private Budgetary Cooperation applicant. The Committee favorably recommended Mr. Bob Ward and Dr. Leonard Morgenbesser to serve on the Commission. Human Resources and Human Rights Council Member Fahey stated that the Committee met on July 26, 2011 and favorably recommended Ms. Elizabeth Belsito for appointment to the Commission on Human Rights and Ms. Susan McDermott as an alternate in the event that an opening becomes available in the near future. Planning, Economic Development and Land Use Council Member Herring stated that the Committee met on July 17, 2011 and favorably recommended the reappointments of Mr. Krumins and Mr. Rafferty to the Historic Resource Commission. The Committee held Ordinance Number for further discussion. REPORTS OF AD HOC COMMITTEES Ad Hoc Committee on Parking Permits Council Member Conti stated that the Committee met on July 22, 2011 to discuss the designation of streets for permit parking. The Law Department and the Police Department is working on revisions and a public hearing will be scheduled soon. CONSIDERATION OF ORDINANCES Council Member Fahey introduced the following, which was referred to the Planning, Economic Development and Land Use Committee: Ordinance Number AN ORDINANCE AMENDING ARTICLE XIV (SPECIFIC USE REGULATIONS) OF CHAPTER 375 (ZONING) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO FARMERS MARKETS The City of Albany, in Common Council convened, does hereby ordain and enact: Section 1. Section of Chapter 375 of the Code of the City of Albany is hereby amended to read as follows: Section Farmers Markets. Tempory (open no longer than 10 hours per week) ffarmers markets are permitted in all commercial districts, provided that: there shall be no offensive odors or dust and there shall be no permanent outdoor storage of equipment. A. They are open no longer than 10 hours per week and can be located on public or private property, including parks, schools, colleges and universities, religious institutions, hospitals and commercial 3

4 centers, and, where feasible, on streets using temporary street closures, when mutual agreement between the parties can be reached. B. There shall be no offensive odors or dust and there shall be no permanent outdoor storage of equipment. C. All farmers markets and their vendors comply with all federal, state, and local laws and regulations relating to the operation, use, and enjoyment of the market premises. D. All farmers markets and their vendors receive all required operating and health permits, and these permits (or copies) shall be in the possession of the farmers market manager or the vendor, as applicable, on the site of the farmers market during all hours of operation. E. All farmers markets and their vendors shall agree to accept forms of payment by participants of federal, state, or local food assistance programs, including but not limited to the Food Stamps/Supplemental Nutrition Assistance Program; the Women, Infants, and Children (WIC) Farmers Market Nutrition Program; and the Senior Farmers Market Nutrition Program. Such forms of payment may include but are not limited to coupons, vouchers, and Electronic Benefit Transfer (EBT) cards. F. They have an established set of operating rules addressing the governance structure of the farmers market, hours of operation, maintenance and security requirements and responsibilities; and appointment of a Market Manager who is authorized to direct the operations of all vendors participating in the market on the site of the market during all hours of operation. G. They provide for composting, recycling, and waste removal in accordance with all applicable City of Albany codes. Section 2. This ordinance shall take effect immediately. Council Member Conti asked and received majority consent to add Ordinance Number to the pending agenda, which was approved by unanimous voice vote. Council Members Calsolaro and Fahey introduced the following: Ordinance Number (MC)(UC) AN ORDINANCE AUTHORIZING THE BOARD OF CONTRACT AND SUPPLY TO TAKE IMMEDIATE ACTION PURSUANT TO SECTION OF THE CODE OF THE CITY OF ALBANY REGARDING EMERGENCY REPAIRS TO THE NORMANSKILL FARM The City of Albany, in Common Council convened, does hereby ordain and enact: Section 1. It is the determination of the Common Council that a public emergency exists at the City-owned Normanskill Farm regarding certain walls of the Hay Barn and that expeditious repairs are necessary to protect this public building and property, and the life, health and safety of persons working or visiting the property. Section 2. Due to the emergency situation that exists, the Common Council hereby authorizes that the Board of Contract and Supply take immediate action without undertaking the formal public bidding process pursuant to Section of the Code of the City of Albany, and that the 4

5 Department of General Service shall procure such work and/or purchase such materials as is necessary to rectify the emergency. Section 3. This procurement pursuant to Section shall be subject to the unanimous approval of the Board of Estimate and Apportionment. Section 4. This ordinance shall take effect immediately. Council Member Conti made a motion for unanimous consent for discussion and passage of Ordinance Number (MC), which was approved by unanimous voice vote. Council Member Calsolaro asked for passage and a roll call vote of ORDINANCE NUMBER *Note: Council Member Calsolaro spoke on this ordinance prior to passage. Ordinance Number (MC)(UC) was Co-Sponsored by Council Members Bailey, Conti, Freeman, Golby, Jenkins-Cox, Konev, O Brien, and Sano. Affirmative Bailey, Calsolaro, Commisso, Conti, Fahey, Freeman, Golby, Herring, Jenkins-Cox, Konev, O Brien, Affirmative 14 Negative 0 Abstain 0 Council Member Calsolaro moved to amend and as amended, asked for passage and a roll call vote thereon: Ordinance Number (as amended) AN ORDINANCE AMENDING SECTION (PARKING, STANDING AND STOPPING RESTRICTIONS) OF CHAPTER 359 (VEHICLES AND TRAFFIC) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO THE PARKING OF DUMPSTERS The City of Albany, in Common Council convened, does hereby ordain and enact: Section 1. Section of Chapter 359 of the Code of the City of Albany is hereby amended by adding thereto a new subsection (K) to read as follows: (K) Park or cause to be parked on any city right-of-way, any dumpster, portable storage unit, hydraulic lift, etc. without reflective stripes and barricades, barrels, or cones with lights at all times showing the perimeter of the object to oncoming motorists. Section 2. This ordinance shall take effect immediately. Ordinance Number (As Amended) was Co-sponsored by Council Members Freeman, Igoe and Konev. 5

6 Affirmative Bailey, Calsolaro, Commisso, Conti, Fahey, Freeman, Golby, Herring, Jenkins-Cox, Konev, O Brien, Affirmative 14 Negative 0 Abstain 0 Council Members Golby, Bailey, and Konev moved to amend and as amended, asked for passage and a roll call vote thereon: Ordinance Number (as amended) AN ORDINANCE AMENDING ARTICLE I (GENERAL) OF CHAPTER 323 (STREETS AND SIDEWALKS) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO SNOW REMOVAL The City of Albany, in Common Council convened, does hereby ordain and enact: Section 1. Section of Article I of Chapter 323 of the Code of the City of Albany is hereby amended to read as follows: [Depositing snow and/or ice in streets] Snow and Ice Removal from Sidewalks and Streets. A. Within 24 hours of the cessation of a snowfall and at such other occasions requiring the same, every owner or occupant of any house or other building and the owner or proprietor, lessee or person entitled to the possession of any vacant lot, parking lot or gasoline service station and every person having the charge of any church, cemetery, jail or other public building in this City shall clear the sidewalks in front of such house or other building and in front of such lot of snow and ice and keep them conveniently free therefrom or shall, in case the snow and ice are so congealed that they cannot be removed without injury to the pavement, cause said snow and ice to be strewn with ashes, sand or the like and shall also at all times keep such sidewalk clean and free from all dirt, filth or other obstruction or encumbrances so as to allow the use of said sidewalks in an easy and commodious manner. B. In no event shall any owner or proprietor, lessee or person entitled to the possession of any vacant lot, parking lot, gasoline service station or public garage cast, shovel or otherwise deposit snow and/or ice in the roadway of any public street in the City of Albany or upon any public sidewalk and/or crosswalk in said City. C. The Commissioner of General Services shall promulgate rules to gather complaints and shall deploy the necessary personnel to investigate complaints and issue a notice to clear the sidewalk if necessary within 24 hours of such complaint. If such complaint is brought against a county, state, or federal entity, that entity shall be notified of the complaint and urged to clear the sidewalk within 24 hours Commissioner of General Services; cleaning snow and/or ice off sidewalks; costs. A. Where there has been a failure to comply with the requirements of within 24 hours, the Commissioner of the Department of General Services or his or her designee may, in his or her discretion, cause said sidewalk to be cleaned of snow and/or ice, the cost of which shall be charged to 6

7 the owner of the property adjacent thereto, and, if unpaid within the time prescribed, shall be added to the tax bill assessing said property, which shall be and remain a lien against the property upon or adjacent to which the work is done and collected by the City from the owner of such property in the same manner as taxes are collected. The City may institute an action at law against such owner, owners or occupants to recover the cost thereof, which remedy shall be in addition to the right to assess the cost as a lien against the property. In no event shall such charge be less than $75. B. No costs assessed herein shall be added to the tax bill nor shall any legal action be instituted by the City to recover such costs until the owner(s) or occupant(s) to be charged have been afforded an opportunity to be heard at a hearing convened by the Commissioner or his/her designee(s) in accordance with rules promulgated by the Commissioner to effectuate the same. A defense to an action instituted by the City as herein provided shall be the physical impairment of the owner or occupant Fine. A. Violation of [any provisions herein] shall be punishable by a fine [not exceeding $125, and] as follows: $100 for a first violation; $200 for a second violation within three months of the first violation; $300 for a third violation within three months of the first violation; Each subsequent violation within six months of the first violation shall result in a $300 fine. B. Said fine shall be in addition to any other provisions for enforcement contained in this chapter. Section 3. This ordinance shall take effect thirty (30) days after passage. *Note: Council Members Golby, Calsolaro, Bailey, O Brien, Conti, Freeman, Konev and Fahey spoke on this ordinance prior to passage. Ordinance Number (As Amended) was Co-Sponsored by Council Members Fahey, Igoe and Sano. Affirmative Bailey, Commisso, Conti, Fahey, Golby, Herring, Konev, O Brien, Rosenzweig, Sano and Smith Negative Calsolaro and Freeman Affirmative 11 Negative 2 Abstain 0 Council Member Rosenzweig moved to amend and as amended asked for passage and a roll call vote thereon: Ordinance Number (as amended) AN ORDINANCE AMENDING ARTICLE XIV (SPECIFIC USE REGULATIONS) OF 7

8 CHAPTER 375 (ZONING) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO PORTABLE STORAGE CONTAINERS The City of Albany, in Common Council convened, does hereby ordain and enact: Section 1. Article XIV of Chapter 375 of the Code of the City of Albany is hereby amended to read as follows: Outdoor storage areas, including junkyards and automobile wrecking; portable storage containers. A. [Such uses] Junkyards and automobile wrecking lots shall not be located within 200 feet of the nearest R district, and the operation thereof shall be governed by the following provisions and any other conditions as may be required by the Board of Zoning Appeals to protect the public health, safety, comfort, convenience and general welfare with special regard to abutting properties and the occupants thereof[:]. [A. Fencing and setbacks.] B. [(1) ]All outdoor trash storage shall be in accordance with Chapter 313 of the City Code. In addition, all trash storage accessory to buildings with more than four dwelling units or having a commercial or industrial use shall: (1) [(a)] Be enclosed by a solid fence, six feet in height. (2) [(b)] Be located no less than 10 feet from the property line. C. [(2)] All outdoor storage facilities shall be enclosed by a solid fence or wall six feet in height adequate to conceal such facilities and the contents thereof from adjacent property. Such walls and fences shall be distant not less than 10 feet from any property line. (1) [B. Deposit of wastes.] No materials or wastes shall be deposited on any premises in such form or manner that they may be transferred off such premises by natural causes or forces. (2) [C. Other hazardous materials.] All materials or wastes which might cause fumes or dust or which constitute a fire hazard or which may be edible by or otherwise be attractive to rodents or insects shall be stored outdoors only in closed containers. (3) [D.] Inflammable, explosive liquids and gases: see the New York State Uniform Fire Prevention and Building Code. D. Portable storage containers shall be prohibited upon a lot within a residential district or upon a vacant commercial lot, except where said containers provide necessary storage: for an active construction project; are necessitated by an act of God; or to assist in moving in or out of a residence. (1) Portable storage container shall not be placed on any property more than two (2) times per calendar year, and not more than thirty (30) days at a time. The building inspector may approve an extension of time in writing, but in no event shall the extension exceed three months. (2) All portable storage containers shall be securely closed when not in use. No materials, property or goods shall be stored outside of a container during the hours between sunset of one day and sunrise of the next day, except if the container is being used in conjunction with construction, and in such case only construction materials may be left outside of the container. 8

9 Section 2. This ordinance shall take effect immediately. Ordinance Number (As Amended) was Co-Sponsored by Council Members Freeman, Igoe, Konev, and Sano. Affirmative 13 Negative 0 Abstain 0 The remaining Ordinances on the pending agenda were held at the request of Council Member Conti. CONSIDERATION OF RESOLUTIONS Council Member Bailey offered the following, asked for passage and a roll call vote thereon: Resolution Number R RESOLUTION OF THE COMMON COUNCIL AUTHORIZING THE EXECUTION OF A LICENSE AGREEMENT WITH 70 HOWARD STREET, LLC, FOR THE USE AND OCCUPANCY OF A PORTION OF THE CITY RIGHT-OF-WAY ADJACENT TO 41 EAGLE STREET (A/K/A 70 HOWARD STREET) BE IT RESOLVED, that the Mayor be and is hereby authorized and empowered to execute and enter into a license agreement with 70 Howard Street, LLC for the use and occupancy of a portion of the City right-of-way adjacent to 41 Eagle Street (a/k/a 70 Howard Street) for the construction of an entranceway, including stairs and handicap access, upon such terms and conditions as approved by the Corporation Counsel and the involved City agencies together with such other forms, documents and agreements necessary to amend, supplement and/or effectuate the same. Resolution Number R was Co-Sponsored by Council Member Freeman. Affirmative 13 Negative 0 Abstain 0 Council Member Freeman offered the following, which was held: Resolution Number R RESOLUTION RECOGNIZING THE LIFE AND ACCOMPLISHMENTS OF 9

10 SERGEANT ELLEN O. SPRINGSTEEN, and WHEREAS, Ms. Ellen O. Springsteen was born in Opelika, Alabama on October 20, 1930; WHEREAS, she was educated in the racially segregated Alabama School System, as many African-American children were at that time in the South, and graduated from Tuskegee University, a Nationally registered Historic Black College; and WHEREAS, Ms. Springsteen soon after would make New York her home and was a resident of Albany most of her adult life; and WHEREAS, Ms. Springsteen proudly served in the New York State National Guard for 10 years and was honorably discharged at the rank of Sergeant; and WHEREAS, she also worked in the public sector retiring after 30 years of service from the New York State Department of Civil Service; and WHEREAS, Ms. Springsteen witness her Country's will to spread freedom abroad in such wars as: World War II, Korea, Vietnam, and passage of the historic Civil Rights Act, in the United States; and WHEREAS, her life spanned 14 U. S. Presidents, beginning with Herber Hoover, and ending with Barack Obama, becoming the nations first African-American elected to serve as President of the United States; and WHEREAS, her contributions can be measured by these events that shaped our country's history. Sergeant Ellen O. Springsteen, attitude toward succeeding no matter what obstacles where put in her way, are living testaments we all can learn from. NOW, THEREFORE, BE IT RESOLVED, that the Common Council of the City of Albany takes pause to recognize the life and accomplishments of Sergeant Ellen O. Springsteen, of Albany, New York. BE IT FURTHER RESOLVED, that her accomplishments be recorded by the Albany City Clerk and a copy of said resolution be suitably embossed and delivered to the Stewart and Springsteen Family. Council Member Conti asked and received majority consent to add Resolution Numbers R, R, and R to the pending agenda, which was approved by unanimous voice vote. Council Member Fahey offered the following, asked for passage and a roll call vote thereon: Resolution Number R(MC) RESOULTION OF THE COMMON COUNCIL APPOINTING ELIZABETH K. BELSITO AS A MEMBER OF THE COMMISSION ON HUMAN RIGHTS 10

11 WHEREAS, the Common Council of the City of Albany, pursuant to the Section of Chapter 42 of the Code of the City of Albany, appoints Elizabeth K. Belsito as a member of the Commission on Human Rights. NOW, THEREFORE, BE IT RESOLVED, that Elizabeth K. Belsito is hereby appointed as a member of the City of Albany Commission on Human Rights for a term ending on August 21, Resolution Number R(MC) was Co-Sponsored by Council Members Conti, Freeman, Golby, Konev and Smith. Affirmative 13 Negative 0 Abstain 0 Council Member Sano offered the following, asked for passage and a roll call vote thereon: RESOLUTION NUMBER R (MC) RESOLUTION OF THE COMMON COUNCIL APPOINTING ROBERT WARD TO THE COMMISSION ON PUBLIC-PRIVATE BUDGETARY COOPERATION WHEREAS, pursuant to Section of the Code of the City of Albany the Common Council has the authority to appoint members of the Commission on Public-Private Budgetary Cooperation. NOW, THEREFORE, BE IT RESOLVED, that the Common Council of the City of Albany hereby appoints Robert Ward to the Commission on Public-Private Budgetary Cooperation. Resolution Number R(MC) was Co-Sponsored by Council Members Commisso, Conti, Freeman and Konev. Affirmative 13 Negative 0 Abstain 0 Council Member Sano offered the following, asked for passage and a roll call vote thereon: RESOLUTION NUMBER R (MC) RESOLUTION OF THE COMMON COUNCIL APPOINTING DR. LEONARD 11

12 MORGENBESSER TO THE COMMISSION ON PUBLIC-PRIVATE BUDGETARY COOPERATION WHEREAS, pursuant to Section of the Code of the City of Albany the Common Council has the authority to appoint members of the Commission on Public-Private Budgetary Cooperation. NOW, THEREFORE, BE IT RESOLVED, that the Common Council of the City of Albany hereby appoints Dr. Leonard Morgenbesser to the Commission on Public-Private Budgetary Cooperation. Resolution Number R(MC) was Co-Sponsored by Council Members Commisso, Conti, Freeman, Golby, Konev, O Brien and Smith. Affirmative 13 Negative 0 Abstain 0 Council Member Herring asked for passage of RESOLUTION NUMBER (RESOLUTION OF THE COMMON COUNCIL CONFIRMING THE APPOINTMENT OF AUSEKLIS KRUMINS AS A MEMBER OF THE HISTORIC RESOURCES COMMISSION), which had been previously introduced. Resolution Number R was Co-Sponsored by Council Members Bailey, Freeman and Konev. Affirmative 13 Negative 0 Abstain 0 Council Member Herring asked for passage of RESOLUTION NUMBER (RESOLUTION OF THE COMMON COUNCIL CONFIRMING THE APPOINTMENT OF SEAN M. RAFFERTY AS A MEMBER OF THE HISTORIC RESOURCES COMMISSION), which had been previously introduced. Resolution Number R was Co-Sponsored by Council Members Bailey, Freeman and Konev. 12

13 Affirmative 13 Negative 0 Abstain 0 The remaining Resolutions on the pending agenda were held at the request of Council Member Conti. MISCELLANEOUS AND UNFINISHED BUSINESS Council Member Herring offered the following, which was approved by unanimous voice vote: RESOLVED THAT THE FOLLOWING PERSONS BE AND HEREBY ARE APPOINTED COMMISSIONERS OF DEEDS FOR THE CITY OF ALBANY, NEW YORK FOR THE TERM ENDING DECEMBER 31, 2012, AND WAIVE THE READING OF THE NAMES: Paul D. Christie, 38 Fordham Court, Albany, New York Council Member Freeman discussed the passing of a former City of Albany Ward Leader Mr. John Robinson. ADJOURNMENT Council Member Conti moved for adjournment. Council President McLaughlin stated, hearing no objections, that the Council was adjourned. A true record of the Common Council Minutes of August 1 st, CASHAWNA PARKER SENIOR LEGISLATIVE AIDE TO THE ALBANY COMMON COUNCIL 13