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Meeting Minutes

ALBANY COMMON COUNCIL

MINUTES OF A REGULAR MEETING

Monday, July 7, 2008

The Common Council was convened at 7:00 p.m. and was called to order by Council President Morris.

The roll being called, the following answered to their names: Council Members Calsolaro, Casey, Conti, Ellis, Fahey, Igoe, McLaughlin, Rosenzweig, and Scalzo.

Also present was the following staff: John Marsolais, Patrick Jordan, Barbara Samel, and Cashawna Parker.

Council Members recited the Pledge of Allegiance.


PUBLIC COMMENT PERIOD

1. Dr. Leonard Morgenbesser, 219 Tampa Ave., Albany, NY 12208 (Public Safety Committee/Need for focus on Gun Trafficking)
2. Dan Egan, 42 Manning Blvd., Albany, NY 12203 (City Budget)
3. Marlon Anderson, 491 Livingston Ave., Albany, NY 12206 (Community Safety & Action)
4. Allison Banks, 420 Sand Creek Rd. (City Curfew for under age youth)

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 April 21, May 5, and June 2, 2008, which was approved by unanimous voice vote.

CONSIDERATION OF LOCAL LAWS

Council Member Scalzo introduced the following, which was referred to the Public Safety Committee:

LOCAL LAW G - 2008

A LOCAL LAW AMENDING PART 33 (CITIZENS’ POLICE REVIEW BOARD) ARTICLE XLIV (GENERAL PROVISIONS) OF CHAPTER 42 (DEPARTMENTS AND COMMISSIONS) OF THE CODE OF THE CITY OF ALBANY

BE IT ENACTED by the Common Council of the City of Albany as follows:

Section 1. Section 42-333 of Chapter 42 of the Code of the City of Albany is hereby amended to read as follows:

§ 42-333. Definitions.

For purposes of this Part, the following words and phrases shall have the meaning described in this section:

MEDIATION — A structured dispute resolution process in which a neutral third party assists the disputants [to reach a negotiated settlement of their differences] by attempting to engage the parties in peaceful discussion and possible settlement.

Section 2. Section 42-344 of Chapter 42 of the Code of the City of Albany is hereby amended to read as follows:

§ 42-344. Findings of the CPRB.

A. The CPRB, after review and deliberation of an investigation, shall, by majority vote, make one of the following findings on the case:

(7) Mediated - where the complaint is [resolved by mediation] handled pursuant to § 42-346.

Section 3. Section 42-346 of Chapter 42 of the Code of the City of Albany is hereby amended to read as follows:

§ 42-346. Mediation process.

The CPRB and Chief will be informed whether the mediation sessions result in a resolution of the dispute. [If the mediation sessions do not result in a resolution of the dispute, the CPRB review process referenced in this Part 33 shall continue to conclusion. If the mediation sessions do result in a resolution of the dispute, the] Upon the conclusion of the mediation process the CPRB shall issue a finding of "Mediated" and the allegations shall be deleted from the officer's CPRB history.

Council Member Igoe introduced the following, which was referred to the Law, Buildings and Code Enforcement Committee:

LOCAL LAW H – 2008

A LOCAL LAW AMENDING CHAPTER 133 (BUILDING CONSTRUCTION) OF THE CODE OF THE CITY OF ALBANY BY ADDING THERETO A NEW ARTICLE XIV TO BE ENTITLED: “STORMWATER MANAGEMENT AND EROSION CONTROL”

BE IT ENACTED, by the Common Council of the City of Albany as follows:

Section 1. Chapter 133 (Building Construction) of the Code of the City of Albany is hereby amended by adding thereto a new Article XIV entitled “Stormwater Management and Erosion Control” to read as follows:

ARTICLE XIV Stormwater Management and Erosion Control

§ 133-100. Findings of fact.

A. Development of real property and associated increases in site impervious cover often alter the hydrologic response of local watersheds and increase stormwater runoff rates and volumes, flooding, stream channel erosion, or sediment transport and deposition;

B. This stormwater runoff contributes to increased quantities of waterborne pollutants, including siltation of aquatic habitat for fish and other desirable species;

C. Clearing and grading during construction tends to increase soil erosion and add to the loss of native vegetation necessary for terrestrial and aquatic habitat. Improper clearing of vegetation and burial of vegetative and other wastes can result in unstable soil conditions and the production of noxious gases through decomposition of said wastes;
D. Improper design and construction of stormwater management practices can increase the velocity of stormwater runoff, thereby increasing streambank erosion and sedimentation;

E. Substantial economic losses can result from these adverse impacts on the waters of the municipality;

F. Stormwater runoff, soil erosion and nonpoint source pollution can be controlled and minimized through the regulation of stormwater runoff from development activities;

G. The regulation of stormwater runoff discharges from real property activities in order to control and minimize increases in stormwater runoff rates and volumes, soil erosion, stream channel erosion, and nonpoint source pollution associated with stormwater runoff is in the public interest and will minimize threats to public health and safety;

H. Regulation of development activities by means of performance standards governing stormwater management and site design will produce development compatible with the natural functions of a particular site or an entire watershed and thereby mitigate the adverse effects of erosion and sedimentation from development.

§ 133-101. Purpose.

The purpose of this article is to establish minimum stormwater management requirements and controls to protect and safeguard the general health, safety, and welfare of the public residing within this jurisdiction and to address the findings of fact above. This article seeks to meet those purposes by achieving the following objectives:

A. Meet the requirements of minimum measures 4 (construction runoff) and 5 (postconstruction maintenance) of the SPDES General Permit for Stormwater Discharges from Municipal Separate Stormwater Sewer Systems (MS4s), Permit No. GP-02-02 or as amended or revised;

B. Require work on real property to conform to the substantive requirements of the NYS Department of Environmental Conservation State Pollutant Discharge Elimination System (SPDES) General Permit for Construction Activities GP-02-01 or as amended or revised;

C. Minimize increases in stormwater runoff from activities on real property in order to reduce flooding, siltation, increases in stream temperature, and stream bank erosion and maintain the integrity of stream channels;

D. Minimize or decrease pollution caused by stormwater runoff from activities on real property which would otherwise degrade local water quality;

E. Minimize or decrease the total annual volume of stormwater runoff which flows from any specific site during and following development to the maximum extent practicable;

F. Reduce or decrease stormwater runoff rates and volumes, soil erosion and nonpoint source pollution, wherever possible, through stormwater management practices and to ensure that these management practices are properly maintained and eliminate threats to public safety. Specific consideration of stormwater runoff shall be provided to critical watersheds;

G. Eliminate unstable soil conditions and the production of noxious gases which result from improper stormwater practices, improper grading practices, improper clearing of vegetation and the burial of vegetative and other wastes.
§ 133-102. Definitions.

The terms used in this article or in documents prepared or reviewed under this article shall have the meaning as set forth in this section. Any conflict between a definition provided elsewhere in the City Code and this article shall be resolved in favor of the definition provided below.

AGRICULTURAL ACTIVITY — The activity of an active farm, including grazing and watering livestock, irrigating crops, harvesting crops, using land for growing agricultural products, and cutting timber for sale, but shall not include the operation of a dude ranch or similar operation, or the construction of new structures associated with agricultural activities.

BUILDING — Any structure, either temporary or permanent, having walls and a roof, designed for the shelter of any person, animal, or property, and occupying more than 100 square feet of area.

CHANNEL — A natural or artificial watercourse with a definite bed and banks that conducts continuously or periodically flowing water.

CLEARING — Any activity that removes the vegetative surface cover.

D.E.C. — The New York State Department of Environmental Conservation.

DESIGN MANUAL — The New York State Stormwater Management Design Manual, as amended. This manual serves as the official guide for stormwater management principles, methods and practices.

EROSION CONTROL MANUAL — The New York Standards and Specifications for Erosion and Sediment Control manual, as amended. This is commonly known as the "Blue Book."

IMPERVIOUS COVER — Surfaces, improvements and structures that cannot effectively be infiltrated by rainfall, snowmelt and water (e.g., building rooftops, pavement, sidewalks, driveways, etc.).

INDUSTRIAL STORMWATER PERMIT — A State Pollutant Discharge Elimination System permit issued to a commercial industry or group of industries which regulates the pollutant levels associated with industrial stormwater discharges or specifies on-site pollution control strategies.

INFILTRATION — The process of percolating stormwater into the subsoil.

JURISDICTIONAL WETLAND — An area that is inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support a prevalence of vegetation typically adapted for life in saturated soil conditions, commonly known as "hydrophytic vegetation."

LAND DEVELOPMENT ACTIVITY — An activity, including clearing, grading, excavating, soil disturbance or placement of fill, that results in land disturbance of equal to or greater than one acre, or an activity disturbing less than one acre of total land area that is part of a larger common plan of development or sale, even though multiple separate and distinct land development activities may take place at different times on different schedules.

LANDOWNER — The legal or beneficial owner of land, including those holding the right to purchase or lease the land, or any other person holding proprietary rights in the land.

MAINTENANCE AGREEMENT — A document which provides for long-term maintenance of stormwater management practices. It is anticipated this document will be recorded in the Albany County Clerk's office and will act as a property deed restriction or encumbrance.

NONPOINT SOURCE POLLUTION — Pollution from any source other than from any discernible, confined, and discrete conveyances and shall include, but not be limited to, pollutants from agricultural, silvicultural, mining, construction, subsurface disposal and urban runoff sources.

PHASING — Clearing a parcel of land in distinct pieces or parts with the stabilization of eac