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MINUTES of a REGULAR MEETING MONDAY, May 3, 2021 the Common Council Was Convened at 7:00 P.M. and Was Called to Order by Preside

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MINUTES of a REGULAR MEETING MONDAY, May 3, 2021 the Common Council Was Convened at 7:00 P.M. and Was Called to Order by Preside MINUTES OF A REGULAR MEETING MONDAY, May 3, 2021 The Common Council was convened at 7:00 p.m. and was called to order by President Ellis. This meeting was held following Governor Cuomo’s executive order 202.1 and it live-streamed on Facebook using Zoom as the meeting platform. If we experience any technical difficulties on Facebook, the video will be streamed to YouTube. The roll being called, the following answered to their names: Anane, Balarin, Doesschate, Fahey, Farrell, Flynn, Frederick, Hoey, Igoe, 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. Lauren Manning, 8 Tyler Trice Terrace, Albany, NY 12207 (Encampment on Arch Street and comments made by APD Police Chief) 2. Kelsey Whittington, 6 S. Lake Ave., Albany, NY (Local Law C) 3. Marco Flagg, 500 Park Ave, Albany, NY (Local Law C) 4. Robert Distelcamp III, Ward 6 near food co-op (Police responses to civilians and Local Law C) 5. Melanie Trimble, 41 State Street, Albany, NY 12207 (Local Law C) 6. Klarisse Torriente, 295 Hudson Ave, Albany, NY (Local Law C) 7. Sandra Steubing, 44 Summit Ave, Albany, NY 12209 (Climate Resolution, Local Law C, Racism in the Police Force) 8. Nairobi Vives-Chair of CPRB, 3 White Oak Ln, Albany, NY (Local Law C) 9. Sheina Saeger, 411 Ninth Street, Troy, NY (Encampment on Arch Street and Local Law C) 10. Juelz Figuereo & Mikala Foster, Saratoga Springs (Encampment on Arch Street, Social Justice, APD, Arrest of protesters during the first encampment) President Pro Tempore Kimbrough made a motion to extend public comment period for an additional 30 minutes, which was approved by unanimous voice consent. 11. Tasheca Medina, 72 Cleveland St., Albany, NY (Local Law C) 1 12. Tina Lieberman, 30 Aspen Circle, Albany, NY (Resolution 7.21.20R and Local Law C) 13. Molly Dunn, 422 Broadway, Saratoga Springs, NY (Local Law C) 14. Andy Kaier, 83 Spring Street, Albany, NY (Local Law C) 15. Tracy Sangare, 7 Cold Springs Dr., Clifton Park, NY (Local Law C) 16. Kiersten Westbrook, 820 New Scotland Ave, Albany, NY (Local Law C) 17. Abby Harris, (Ban on Tear Gas) 18. Katharine Harris, 96 Homestead Ave., Albany, NY (Green power and sustainability) 19. Alana Klein, 214 Jay St., Albany, NY (concern over the Police Chief and Albany Police Department) 20. Colin Clark, Albany, NY Resident (Local Law C) 21. Cecelia Mairead McElroy, University at Albany (Local Law C) 22. Olivia Dunn, (Local Law C) 23. Andrew Powers, Albany Resident, (APD’s Behavior) 24. Cait Denny, (Local Law C) 25. Jordan Ferraro, 8 South Allen, Albany, NY (Local Law C) 26. Sean Kelleher, 12 California Ave., Albany, NY (Local Law C) After the time period for public comment expired, the President declared the Public Comment Period closed. Approval of Minutes President Pro Tem Kimbrough made a motion to approve the minutes of April 19, 2021 meeting of the Council, which was duly seconded by Anane, and APPROVED by unanimous voice vote. CONSIDERATION OF LOCAL LAWS: President Pro Tem Kimbrough held the pending Local Laws on the agenda. REPORTS OF STANDING COMMITTEES: Planning, Economic Development, and Land Use Committee: Chair Fahey spoke regarding the upcoming committee meetings scheduled for May 4, 2021 and May 18, 2021 to continue the discussion of the USDO. On May 25, 2021 the committee will meet to discuss Ordinance 13.51.21 regarding small cell wireless facilities in city rights of way. During the May 25th meeting the committee will also review 37.42.21R which will authorize a right-of-way franchise agreement with Cellco Partnership D/B/A Verizon Wireless and 38.42.21 R providing a right-of-way franchise agreement with new Cingular wireless. Finance, Assessment, and Taxation Committee: Chair Farrell noted that the finance committee will meet Thursday, May 6 2021 which will include an update from the budget and treasurer’s office regarding the state of the City’s finances. During this meeting there will be continued discussion on Federal COVID-19 Stimulus, conversations on Local Law D of 2021, and Resolutions 25.31.21R, 33.41.21R and 34.41.21R General Services, Health and Environment Committee: Chair O’Brien discussed that the committee met on April 21, 2021 to consider resolution 102.111.20R regarding Edwin Sperber 2 and the honorary street renaming which unanimously passed out of committee with a favorable recommendation. Law, Buildings, and Code Enforcement Committee: Chair Igoe reported that the committee met on April 26, 2021 to discuss the housing legislation before it for review. During that meeting it was determined that there needed to be additional meetings and the committee will meet on May 10, 2021 to discuss Local Laws H and I of 2021 and then on May 13, 2021 to discuss Local Laws F and G of 2021. CONSIDERATION OF ORDINANCES Council Member Love noticed the introduction of Ordinance 12.51.21R as follows, which was held for further consideration: ORDINANCE 12.51.21R AN ORDINANCE OF THE COMMON COUNCIL AUTHORIZING THE SALE TO BRENDA ROBINSON OF 256 LIVINGSTON AVENUE (Tax Map Parcel Number 65.65-5-16) AND 258 LIVINGSTON AVENUE (Tax Map Parcel Number 65.65-5-15 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 0.06± acre parcel at 256 Livingston Avenue (Tax Map Parcel Number 65.65-5-16), be sold at private sale, pursuant to the provisions of Local Law No. 4 of 1984, to Brenda Robinson. SUBJECT to all easements, restrictions, and rights of way of record. Section 2. It is hereby ordered and directed that all the right, title, and interest of the City of Albany in and to the 0.09± acre parcel at 258 Livingston Avenue (Tax Map Parcel Number 65.65-5-15), be sold at private sale, pursuant to the provisions of Local Law No. 4 of 1984, to Brenda Robinson. SUBJECT to all easements, restrictions, and rights of way of record. Section 3. It is hereby determined that the aforesaid properties have been abandoned for municipal or public purposes. Section 4. 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 valuable consideration. Section 5. This ordinance shall take effect immediately. President Pro Tem Kimbrough referred Ordinance 12.51.21 to Finance, Assessment, and Taxation for further consideration Council Member Fahey noticed the introduction of Ordinance 13.51.21 as follows, which was held for further consideration: 3 ORDINANCE 13.21.21 AN ORDINANCE AMENDING CHAPTER 323 (STREETS AND SIDEWALKS) OF THE CODE OF THE CITY OF ALBANY BY ADDING A NEW ARTICLE VII, ENTITLED “SMALL CELL WIRELESS FACILITIES IN CITY RIGHTS OF WAY” The City of Albany, in Common Council convened, does hereby ordain and enact: Section 1. Chapter 323 (Streets and Sidewalks) of Part II (General Legislation) of the Code of the City of Albany is hereby amended to add a new Article VII, to be entitled “Small Cell Wireless Facilities in City Rights of Way,” to read as follows: § 323-100 Purpose and scope. A. The purpose of this Article is to establish uniform standards for the deployment and installation of Small Wireless Facilities in rights-of-way within the City’s jurisdiction, including, without limitation, to: (1) Prevent interference with the use of streets, sidewalks, alleys, parkways and other public ways and places; (2) Prevent the creation of visual and physical obstructions and other conditions that are hazardous to vehicular and pedestrian traffic; (3) Prevent interference with existing facilities and operations of facilities presently lawfully located in rights-of-way or public property; (4) Ensure that reasonable efforts are made to preserve the character of neighborhoods in which facilities are installed; (5) Protect against environmental damage, including damage to trees; and (6) Facilitate rapid deployment of Small Wireless Facilities to provide the benefits of reliable access to wireless telecommunications technology, broadband, and emergency services to homes, businesses, schools, and other uses within the City. B. The City recognizes the importance of Small Wireless Facilities to provide high-quality communications and internet access to residents and businesses within the City. The City also recognizes its obligation to comply with applicable Federal and State laws regarding the placement of Small Wireless Facilities within the City's rights-of-way, including, without limitation, the federal Telecommunications Act, as codified at 47 U.S.C. §§ 253 and 332(c), and the federal Spectrum Act, as codified at 47 U.S.C. § 1455, and this Article shall be interpreted consistent with those provisions. C. To the extent that this Article may conflict with other sections of the Code of the City of Albany, this Article shall be controlling to the extent of such conflict. D. In establishing the rights, obligations, and conditions set forth in this Article, it is the intent of the City to treat each applicant and right-of-way user in a competitively neutral and nondiscriminatory manner, to the extent required by law, while taking into account the unique technologies, situations, and legal status of each applicant or request for use of the right-of-way. § 323-101 Definitions.
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