TROY CITY COUNCIL
FINANCE COMMITTEE AGENDA
August 22, 2019
6:00 P.M.
The Polish-American Club
507 1st Street, Troy, NY 12180
Pledge of Allegiance
Roll Call
Public Forum
Informational Meeting Regarding Proposed Development of former “Scolite” Site
Second Quarter 2018 Financial Reports for the General, Garbage, Water, and Sewer Funds
Deputy Comptroller Andrew Piotrowski
LOCAL LAWS
3. Local Law To Establish A Sustainable Energy Loan Program (Open C-Pace) In The City Of
Troy (Council President Mantello) (At The Request Of The Administration)
ORDINANCES
71. Ordinance Amending The Troy City Code, Chapter 148, Electricians (Council Member
Bissember, Council President Mantello)
72. Ordinance Amending The Troy City Code, Chapter 228, Plumbers (Council Member
Bissember, Council President Mantello)
73. The Plastic Free Hudson River Ordinance To Amend The Troy City Code, Chapter §189
(Council Member Bissember)
74. Ordinance Authorizing The City To Create A Capital Project And Amending The Capital
Projects Fund And Water Fund Budgets To Allow Funding For Said Capital Project (Council
President Mantello) (At The Request Of The Administration)
75. Ordinance Declaring Certain City Owned Property As Surplus And Directing The
Comptroller To Dispose Of Said Property (Council President Mantello) (At The Request Of The
Administration)
76. Ordinance Amending The Capital Projects Fund And Debt Service Fund Budgets (Council
President Mantello) (At The Request Of The Administration)
77. Ordinance Authorizing The City To Create A Capital Project And Amending The Capital
Projects Fund And General Fund Budgets To Allow Funding For Said Capital Project (Council
President Mantello) (At The Request Of The Administration)
78. Ordinance Authorizing The City To Create A Capital Project And Amending The Capital
Projects Fund Budget To Allow Funding For Said Capital Project (Council President Mantello)
(At The Request Of The Administration)
79. Ordinance Authorizing And Directing Sales By The Proposal Sale Method Of City-Owned Real
Property (Council President Mantello) (At The Request Of The Administration)
80. Ordinance Transferring Funds Within The 2019 General Fund Budget (Council President
Mantello) (At The Request Of The Administration)
RESOLUTIONS
50. Resolution Determining That Proposed Unlisted Action Shall Have No Significant Adverse
Impacts On The Environment (Council President Mantello) (At The Request Of The
Administration)
58. Resolution Classifying Action To Undertake A Certain Project As A Type II Action Not
Subject To SEQR Review (Council President Mantello) (At The Request Of The Administration)
59. Resolution Of The City Of Troy, New York Authorizing The Negotiation, Execution And
Delivery Of Energy Performance Contracts And Related Lease/Purchase Agreements With
Siemens Industry, Inc., Building Technologies Division For Conversion Of Street Lights To
LED And For Energy Savings Improvements To City-Owned Buildings (Council President
Mantello) (At The Request Of The Administration)
60 Resolution Appointing Commissioners Of Deeds For The City Of Troy (Council President
Mantello)
62. Resolution Authorizing The Mayor To Finalize And Execute A Lease Agreement With
The Troy Albany Hockey Association Relating To The Frear Park Ice Rink Facility (Council
President Mantello) (At The Request Of The Administration)
2019 General Fund Second Quarter Report – Page 1
Revenue 06/30/2019 06/30/2018 $ Change % Change 2019 Actual 2019 Budget $ Diff % Achieved
Real Property Taxes 14,237,927 13,255,571 982,356 7.41% 14,237,927 24,663,173 (10,425,246) 57.73%
Local Sources 5,865,092 5,808,963 56,129 0.97% 5,865,092 19,465,000 (13,599,908) 30.13%
General Government Support 116,642 118,077 (1,435) -1.22% 116,642 386,000 (269,358) 30.22%
Public Safety 411,273 644,899 (233,626) -36.23% 411,273 899,000 (487,727) 45.75%
Health 659,233 864,922 (205,689) -23.78% 659,233 2,190,000 (1,530,767) 30.10%
Transportation 404,379 330,719 73,660 22.27% 404,379 655,000 (250,621) 61.74%
Recreation 391,764 386,141 5,624 1.46% 391,764 926,000 (534,236) 42.31%
Home & Community Services 0 1,641,518 (1,641,518) -100.00% 0 0 0 -
Intergovernmental Charges 0 0 0 - 0 340,000 (340,000) 0.00%
Use Of Money & Property 22,852 18,402 4,451 24.19% 22,852 71,500 (48,648) 31.96%
Licenses & Permits 368,367 353,136 15,232 4.31% 368,367 837,550 (469,183) 43.98%
Fines & Forfeitures 839,792 849,030 (9,238) -1.09% 839,792 1,550,000 (710,208) 54.18%
Sale Of Property & Compensation For Loss 57,822 49,527 8,295 16.75% 57,822 264,000 (206,178) 21.90%
Miscellaneous 723,471 666,074 57,398 8.62% 723,471 1,416,655 (693,184) 51.07%
Interfund Revenues 812,668 636,037 176,631 27.77% 812,668 2,285,405 (1,472,737) 35.56%
State Aid 278,105 312,870 (34,765) -11.11% 278,105 13,924,692 (13,646,587) 2.00%
Federal Aid 111,211 178,415 (67,204) -37.67% 111,211 385,930 (274,719) 28.82%
Intrafund Revenues 1,098,115 0 1,098,115 100.00% 1,098,115 3,469,098 (2,370,982) 31.65%
Appropriated Fund Balance 110,000 0 110,000 100.00% 110,000 110,000 0 100.00%
Total 26,508,713 26,114,300 394,413 1.51% 26,508,713 73,839,003 (47,330,290) 35.90%
General Fund Revenues
Office of the City Comptroller
City Hall
433 River Street – Suite 5001
Troy, New York 12180-3406
Date: July 31, 2019
To: Honorable Wm. Patrick Madden
City Council Members
From: Andrew Piotrowski
Deputy City Comptroller
Re: Second Quarter 2019 Financial Report – General Fund
Part I – Revenues
Revenues in the General Fund totaled $26,508,713 as of June 30, 2019, which amounts to 35.90% of the
2019 budgeted total. Total revenues increased by 1.51%, or approximately $394,413, in comparison to the
six month total of 2018.
Monica Kurzejeski
Deputy Mayor
Wm. Patrick Madden
Mayor
Andrew Piotrowski
Deputy City Comptroller
2019 General Fund Second Quarter Report – Page 2
Seasonality has a tremendous impact on the revenue recognition in the General Fund. The second quarter
of the fiscal year traditionally generates the least amount of revenue within the City’s General Fund when
looking at the four (4) quarters overall because the only material revenue generated is the first quarter of
sales tax.
Real Property Taxes
Real property tax collections were $14,237,927 at the end of the second quarter in 2019, equaling 57.73%
of the total revenue budgeted for. This is an increase of 7.41% from 2018, caused entirely on the
collection rate. The City has seen an increase of 2.75% when comparing actual collections in relation to
the tax levy from 2018 to 2019. It should be noted that as of June 30, 2019 only 4.46% of first installment
tax payments were outstanding; an amount that is consistent with prior years. Upon completion of posting
of all second installment payments received in July the City Comptroller’s Office will again be mailing
delinquent letters out in an attempt to continue collections throughout the remainder of the fiscal year.
Local Sources
Revenues from Local Sources totaled $5,865,092 which is 30.13% of the total amount budgeted for in
2019. The primary source of revenue within this classification is Sales Tax which increased by 6.16%
from the first payment received in 2018. While this continues the trend of increased sales tax revenues
within the County as experienced it does not necessarily mean that total sales tax revenues in the City will
increase in 2019. It will be dictated upon the total collections at the County due to the structure of the
City’s contract and the decreased percentage received from 2018 to 2019.
Public Safety
Public Safety revenues decreased by 36.23% from the six month total of 2018, with revenues in 2019
totaling $411,273, due to a decrease in the collection of Vacant Building Fees.
Health
Health revenues, totaling $659,233 as of June 30, 2019, decreased by 23.78% from 2018 and amounted to
30.10% of the total 2019 budget because of ambulance billing revenues. This was an anticipated decrease
in 2019 due to the transition to a new third party billing company. The City Comptroller’s Office
anticipates revenues to increase as the year goes on and the transition is completed in full.
Transportation
Transportations revenues totaled $404,379 as of June 30, 2019 amounting to 61.74% of the total 2019
budget. Revenues have increased by 22.27% from the six month total of 2018 caused by increases in
revenues from parking garage permits, parking lot permits and parking meters.
Interfund Revenues
The increase in Interfund Revenues is caused by the transfer from the Garbage Fund to the General Fund
for services rendered by the General Fund. This is new in 2019 due to the creation of the new Garbage
Fund.
2019 General Fund Second Quarter Report – Page 3
Intrafund Revenues
The Intrafund Revenues recognized in the 2019 first quarter is the transfer from the Debt Service Fund to
the General Fund as budgeted for in 2019.
Appropriated Fund Balance
The revenues in this category is the approved use of reserve funds from the Worker’s Compensation
Reserve as approved by the City Council in the second quarter of this fiscal year.
2019 General Fund Second Quarter Report – Page 4
Expenditure 06/30/2019 06/30/2018 $ Change % Change 2019 Actual 2019 Budget $ Rem % Expended
Code 1 - Salaries
Permanent Salaries 11,117,038 11,662,475 (545,437) -4.68% 11,117,038 23,478,650 12,361,612 47.35%
Temporary Salaries 240,690 197,613 43,077 21.80% 240,690 672,077 431,387 35.81%
Overtime 62,642 86,821 (24,180) -27.85% 62,642 150,500 87,858 41.62%
Overtime - Snow Plowing 218,753 151,726 67,027 44.18% 218,753 222,800 4,047 98.18%
Overtime - Police 496,001 396,110 99,892 25.22% 496,001 950,000 453,999 52.21%
Overtime - Fire 352,678 410,246 (57,567) -14.03% 352,678 1,220,000 867,322 28.91%
Overtime - Public Safety Grants 47,026 19,635 27,391 139.51% 47,026 158,242 111,216 29.72%
Misc. Other 434,762 577,226 (142,464) -24.68% 434,762 2,381,235 1,946,473 18.26%
Total Code 1 12,969,591 13,501,851 (532,260) -3.94% 12,969,591 29,233,504 16,263,913 44.37%
Code 2 - Equipment 115,602 89,441 26,161 29.25% 115,602 247,863 132,262 46.64%
Code 3 - Materials & Supplies 1,151,825 1,101,974 49,850 4.52% 1,151,825 2,366,236 1,214,411 48.68%
Code 4 - Contractual Services
Utilities 818,732 1,040,267 (221,535) -21.30% 818,732 1,935,400 1,116,668 42.30%
Postage 18,208 14,824 3,384 22.83% 18,208 52,750 34,542 34.52%
Printing & Advertising 25,138 23,060 2,079 9.01% 25,138 69,208 44,070 36.32%
Repairs & Rentals 515,681 945,114 (429,433) -45.44% 515,681 968,230 452,549 53.26%
Insurance 320,226 311,553 8,672 2.78% 320,226 322,724 2,498 99.23%
Dues 20,496 20,782 (286) -1.38% 20,496 34,300 13,804 59.76%
Consultant Services 893,436 865,733 27,703 3.20% 893,436 2,825,337 1,931,901 31.62%
Training 43,835 49,669 (5,835) -11.75% 43,835 191,325 147,490 22.91%
Travel 14,071 4,407 9,664 219.30% 14,071 22,759 8,688 61.83%
Judgements & Claims 500 27,598 (27,098) -98.19% 500 300,000 299,500 0.17%
Contingencies 0 0 0 - 0 776,633 776,633 0.00%
Uniforms 181,520 39,220 142,300 362.82% 181,520 340,023 158,503 53.38%
Medical Expenses 28,275 27,835 440 1.58% 28,275 54,680 26,405 51.71%
Misc. Other 10,496 1,306 9,191 703.96% 10,496 13,000 2,504 80.74%
Total Code 4 2,890,614 3,371,367 (480,753) -14.26% 2,890,614 7,906,368 5,015,755 36.56%
Code 6/7 - Debt Service 5,272,487 5,056,881 215,606 4.26% 5,272,487 9,239,572 3,967,085 57.06%
Code 8 - Benefits
Pension 1,724,714 1,830,220 (105,506) -5.76% 1,724,714 7,057,710 5,332,996 24.44%
Healthcare 6,013,704 6,366,621 (352,918) -5.54% 6,013,704 13,476,354 7,462,650 44.62%
Dental 307,699 298,325 9,374 3.14% 307,699 602,898 295,199 51.04%
Social Security 955,228 984,646 (29,418) -2.99% 955,228 2,227,577 1,272,349 42.88%
Worker's Compensation 161,581 243,561 (81,980) -33.66% 161,581 510,000 348,419 31.68%
Total Code 8 9,162,926 9,723,374 (560,448) -5.76% 9,162,926 23,874,539 14,711,613 38.38%
Code 9 - Interfund Transfers 330,609 177,424 153,185 86.34% 330,609 1,959,451 1,628,842 16.87%
Grand Total 31,893,653 33,022,311 (1,128,658) -3.42% 31,893,653 74,827,534 42,933,881 42.62%
Part II – Expenditures
As of June 30, 2019 the total expenditures in the General Fund were $31,893,653, which is 42.62% of the
total adjusted budget. This total is a decrease of $1,128,658, or 3.42%, from the six month total of 2018.
2019 General Fund Second Quarter Report – Page 5
Permanent Salaries / Overtime / Repairs & Rentals
A large portion of the decrease in total General Fund expenditures can be traced to the costs of waste
removal being removed from the General Fund and are now within the City’s Garbage Fund. The three
(3) areas where this is a direct impact is in Permanent Salaries, Overtime and Repairs & Rentals.
Police Overtime
Police overtime, as illustrated in the below graph, was $496,001 at the end of the second quarter in 2019,
amounting to 52.21% of the total 2019 budgeted amount. It is important to note that the majority of
overtime costs within the Police Department occur during the third and fourth quarters of the fiscal year
historically when vacations are more common.
The 2019 total was an increase of 25.22%, or approximately $100,000, from the six month total of 2018.
The increase was primarily caused by an increase in the number of vacant positions within the department
in 2019. The below table illustrates the number of vacancies from 2015 – 2019 by month for the first six
months of each fiscal year. As the table illustrates there is a direct correlation in 2019 between the
increase in vacancies and the increase in overtime.
Month
2015
2016
2017
2018
2019
January
2
0
0
2
5
February
0
1
0
3
5
March
0
3
0
5
6
April
0
3
0
5
6
May
3
5
1
3
7
June
1
1
3
5
7
313,825
413,101
260,317
396,110
496,001
250,000
300,000
350,000
400,000
450,000
500,000
2015 2016 2017 2018 2019
2019 General Fund Second Quarter Report – Page 6
Fire Overtime
Fire overtime, as illustrated in the line graph below, totaled $352,678 at the end of the second quarter in
2019, which is 28.91% of the total 2019 budgeted amount. It is important to note that the majority of
overtime costs within the Fire Department occur during the third and fourth quarters of the fiscal year
historically when vacations are more common.
When comparing the results of 2019 to 2018, the 2019 amount has decreased by approximately $57,500
or 14.03%. As the below graph illustrates the total 2019 six month overtime in the Fire Department is the
lowest from the time period of 2015 – 2019.
A primary factor as to the cause of the decrease in overtime within the Fire Department is the low number
of vacancies in the current year. The below table shows the number of vacancies from 2015 – 2019,
where in the current year the department has seen the lowest number of vacancies when comparing the six
(6) years thus showing the correlation between vacancies and overtime related costs.
Month
2015
2016
2017
2018
2019
January
1
6
3
2
4
February
0
7
4
2
1
March
4
7
5
2
1
April
0
7
3
2
1
May
6
7
4
1
1
June
6
7
4
1
1
Utilities
The total expenses related to Utilities in the General Fund for the first six months of 2019 is $818,732,
which is both a low percent of the budget and a decrease from 2018 caused by the timing of when
invoices were posted which was after the quarter end date of June 30, 2019.
Uniforms
Uniform related expenses totaled $181,520 at the end of the second quarter in 2019, an increase of over
$142,000 from 2018. The cause of this increase is from purchases made within the Police and Fire
Departments.
362,395
634,318
464,377
410,246
352,678
350,000
425,000
500,000
575,000
650,000
2015 2016 2017 2018 2019
2019 General Fund Second Quarter Report – Page 7
Debt Service
Debt Service costs totaled $5,272,487 at the end of the 2019 second quarter, equating to 57.06% of the
total 2019 budget. The reason for the high percentage of the total budgeted costs being expended is the
first payment on the City’s MAC debt made annually on January 15
th
.
2019 costs have increased from the six month total of 2018 ($5,056,881) by approximately $215,500 or
4.26%. This increase was caused primarily by an increase in both principal and interest costs related to
the City’s Bond Anticipation Notes (BANs) that were renewed in February. As discussed previously the
majority of BANs that are issued are for cash flow purposes due to grant funding associated with the
projects. The City however budgets for the interest costs related to the debt within the General Fund to
allow for the grant funds to be used for the actual project costs and not debt related costs. Inevitably the
City would be required to pay the interest costs in some fashion and is easier for cash flow purposes and
also budgeting practices to budget for the annual interest costs on the February and August debt
issuances.
The increase in 2019 MAC costs is related to the July 2019 payment and will be reflected in the third
quarter financial report.
Health Insurance
Health Insurance totaled $6,013,704 as of June 30, 2019, which is 44.62% of the total amount budgeted
for. There has also been a decrease from the six month total of 2018 in the amount of approximately
$353,000, or 5.54%. As has been discussed previously the health insurance costs are based on actual
usage and while there is optimism based on the three month total there truly is no way of knowing how
the year will end until all numbers have been accounted for in March 2020.
Part III – Conclusion
2019 2018 Difference
Revenues 26,508,713 26,114,300 394,413
Expenditures 31,893,653 33,022,311 (1,128,658)
Difference (5,384,940) (6,908,011) 1,523,071
The results of the first six months of 2019 shows a smaller “deficit” than that of the six month totals in
2018. However, it is still too soon to have a clear indication as to where the General Fund will end the
2019 fiscal year based primarily on the seasonality of revenues and the variables that still exist.
The City Comptroller’s Office, as it historically has, will continue to monitor the General Fund activity,
particularly areas of significant variability (ex. Health Insurance) closely to obtain a clear understanding
monthly on how these areas among others is trending for the year.
If you have any questions regarding the information provided in this report please do not hesitate to
contact me for answers.
2019 Garbage Fund Second Quarter Report – Page 1
Revenue 2019 Actual 2019 Budget $ Diff % Achieved
Departmental Income 3,384,330 3,479,160 (94,830) 97.27%
Use Of Money & Property 1,849 - 1,849 100.00%
Miscellaneous 419 60,000 (59,581) 0.70%
State Aid - 45,945 (45,945) 0.00%
Interfund Transfers 307,419 614,838 (307,419) 50.00%
Total 3,694,017 4,199,943 (505,926) 87.95%
Garbage Fund Revenues
Office of the City Comptroller
City Hall
433 River Street – Suite 5001
Troy, New York 12180-3406
Date: July 31, 2019
To: Honorable Wm. Patrick Madden
City Council Members
From: Andrew Piotrowski
Deputy City Comptroller
Re: Second Quarter 2019 Financial Report – Garbage Fund
Part I – Revenues
Revenues in the Garbage Fund totaled $3,694,017 as of June 30, 2019, which is 87.95% of the total 2019
budgeted revenues. Due to waste removal operations being separated from the General Fund with the
creation of the Garbage Fund there are no revenues to compare to from the prior year.
Departmental Income is made up of revenues from garbage bills, payments of prior garbage fees relevied
on to the 2019 property tax bills, garbage violations and bulk pickup fees. The revenue for this category
totaled $3,384,330 at the end of the second quarter which is 97.27% of the total 2019 budget. The primary
source of revenue in this category is the garbage fee, with the revenue recognized being the total billings
for the 2019 fiscal year.
The other revenue item of note is Interfund Transfers which is a payment made by the General Fund to
the Garbage Fund for services rendered by the Garbage Fund.
Monica Kurzejeski
Deputy Mayor
Wm. Patrick Madden
Mayor
Andrew Piotrowski
Deputy City Comptroller
2019 Garbage Fund Second Quarter Report – Page 2
Part II – Expenditures
Expenditures in the Garbage Fund totaled $1,802,668 as of June 30, 2019, which is 42.92% of the total
2019 budget. As was the case with revenues within the Garbage Fund there are no prior year expenditures
to compare to the first half of 2019.
When looking at Permanent Salaries, which totals $519,789 at the end of the second quarter, only 37.81%
of the budget has been expended to date. The cause of this is attributable to a number of vacancies that
have existed within the fund throughout the 2019 fiscal year.
Tipping Fees totaled $625,524 as of June 30
th
, which is 55.16% of the total amount budgeted in 2019. As
the fiscal year progresses the City Comptroller’s Office will work with the Commissioner of General
Services and other staff members to closely monitor the account.
Expenditure 2019 Actual 2019 Budget $ Rem % Expended
Code 1 - Salaries
Permanent Salaries 519,789 1,374,737 854,948 37.81%
Temporary Salaries 1,219 28,000 26,781 4.35%
Overtime 10,721 82,500 71,779 12.99%
Misc. Other 0 25,600 25,600 0.00%
Total Code 1 531,729 1,510,837 979,108 35.19%
Code 3 - Materials & Supplies 56,267 119,802 63,535 46.97%
Code 4 - Contractual Services
Printing & Advertising 621 1,000 379 62.10%
Tipping Fees 625,524 1,133,920 508,396 55.16%
Insurance 16,525 16,196 (329) 102.03%
Consultant Services 3,077 18,739 15,662 16.42%
Contingency 0 4,079 4,079 0.00%
Due To Other Funds 269,459 538,918 269,459 50.00%
Total Code 4 915,205 1,712,852 797,647 53.43%
Code 6/7 - Debt Service 0 10,000 10,000 0.00%
Code 8 - Benefits
Pension 63,120 235,795 172,675 26.77%
Healthcare 184,415 427,094 242,679 43.18%
Dental 9,178 17,983 8,805 51.04%
Social Security 38,302 115,580 77,278 33.14%
Worker's Compensation 4,451 50,000 45,549 8.90%
Total Code 8 299,465 846,452 546,987 35.38%
Grand Total 1,802,668 4,199,943 2,397,275 42.92%
Garbage Fund Expenditures
2019 Garbage Fund Second Quarter Report – Page 3
Part III – Conclusion
Description 2019
Revenues 3,694,017
Expenditures 1,802,668
Difference 1,891,349
The Garbage Fund has a surplus of $1,891,349 as of June 30, 2019 based on the total revenues and
expenditures. It should be noted that the cause of this is due to the garbage fee billings being fully
recognized within the second quarter of the fiscal year.
It will be important as the fiscal year progresses to monitor the collection rate of the fees charged within
the fund. However until after the second installment becomes due it will not be fully known the cash
position within the fund’s balance sheet and the strength of it. What is known is that as of June 30
th
18.88% of the first installment of the 2019 garbage fee have been unpaid. The City Comptroller’s Office
continues to send out delinquent notices pertaining to these payments in hopes of increased collections.
With this being the first year of the Garbage Fund there continues to be enhanced oversight of the
financial results of the fund on a month to month basis.
If you have any questions regarding the information provided in this report please do not hesitate to
contact me for answers.
2019 Water Fund Second Quarter Report – Page 1
Revenue 06/30/2019 06/30/2018 $ Change % Change 2019 Actual 2019 Budget $ Diff % Achieved
City Water Sales 1,979,880 2,063,293 (83,413) -4.04% 1,979,880 4,550,000 (2,570,120) 43.51%
Outside Community Water Sales 3,213,226 2,729,950 483,276 17.70% 3,213,226 7,735,000 (4,521,774) 41.54%
Unmetered Sales 73,863 124,538 (50,675) -40.69% 73,863 285,000 (211,137) 25.92%
Use Of Money & Property 136,221 129,396 6,825 5.27% 136,221 210,000 (73,780) 64.87%
Permits 5,920 5,410 510 9.43% 5,920 12,000 (6,080) 49.33%
Sale Of Property 5,500 10,900 (5,400) 100.00% 5,500 51,000 (45,500) 10.78%
Miscellaneous 60,307 56,373 3,934 6.98% 60,307 139,000 (78,693) 43.39%
Interfund Revenues 163,500 163,500 0 0.00% 163,500 327,000 (163,500) 50.00%
Appropriated Fund Balance 0 0 0 - 0 3,630,000 (3,630,000) 0.00%
Total 5,638,416 5,283,360 355,056 6.72% 5,638,416 16,939,000 (11,300,584) 33.29%
Water Fund Revenues
Office of the City Comptroller
City Hall
433 River Street – Suite 5001
Troy, New York 12180-3406
Date: July 31, 2019
To: Honorable Wm. Patrick Madden
City Council Members
From: Andrew Piotrowski
Deputy City Comptroller
Re: Second Quarter 2019 Financial Report – Water Fund
Part I – Revenues
Revenues in the Water Fund totaled $5,638,416 through the end of the 2019 second quarter,
representative of 33.29% of the 2019 budgeted total. In comparison to the 2018 second quarter results of
$5,283,360, current year revenues have increased by 6.72%
Water Fund revenues to city residents totaled $1,979,880 at the end of the second quarter in 2019, which
is 43.51% of the budgeted total. In comparison to the six month total of 2018, revenues in the current year
have decreased by 6.72%. The decrease is caused by the City having billed one less cycle in 2019 than in
2018. When adding in the cycle that was not billed until July 2019, City water revenues have increased in
comparison to those of 2018.
Monica Kurzejeski
Deputy Mayor
Wm. Patrick Madden
Mayor
Andrew Piotrowski
Deputy City Comptroller
2019 Water Fund Second Quarter Report – Page 2
Revenue from outside communities increased by 17.70% from 2018, with a six month total in 2019 of
$3,213,226, or 41.54% of the total amount budgeted. The primary cause for the increase is the timing of
when one (1) bill was sent to an outside community in 2019 which was in the second quarter whereas in
2018 it was in the third quarter. However it should be noted that there are a number of communities
whose revenues have increased when compared to the prior year. The majority of communities are billed
twice per year, once in the second quarter and the second in the fourth quarter.
The revenues budgeted from Appropriated Fund Balance are for the 2019 Water Fund Capital Plan. The
revenue will be recorded as expenditures are incurred for the project.
Part II - Expenditures
Expenditure 06/30/2019 06/30/2018 $ Change % Change 2019 Actual 2019 Budget $ Rem % Expended
Code 1 - Salaries
Permanent Salaries 1,243,181 1,321,623 (78,443) -5.94% 1,243,181 3,164,486 1,921,305 39.29%
Temporary Salaries 0 936 (936) -100.00% 0 50,000 50,000 0.00%
Overtime 89,278 88,996 282 0.32% 89,278 199,500 110,222 44.75%
Misc Other 8,982 6,282 2,700 42.98% 8,982 74,932 65,950 11.99%
Total Code 1 1,341,440 1,417,837 (76,397) -5.39% 1,341,440 3,488,918 2,147,478 38.45%
Code 2 - Equipment 11,815 2,810 9,006 320.51% 11,815 59,376 47,561 19.90%
Code 3 - Materials & Supplies 512,020 669,660 (157,640) -23.54% 512,020 1,992,944 1,480,924 25.69%
Code 4 - Contractual Services
Utilities 141,310 188,553 (47,243) -25.06% 141,310 373,265 231,955 37.86%
Postage 14,401 17,928 (3,527) -19.67% 14,401 28,000 13,599 51.43%
Printing & Advertising 1,753 5,069 (3,315) -65.41% 1,753 5,500 3,747 31.88%
Repairs & Rentals 18,048 21,089 (3,041) -14.42% 18,048 57,500 39,452 31.39%
Insurance 66,100 60,375 5,725 9.48% 66,100 67,491 1,391 97.94%
Dues 0 0 0 0.00% 0 4,500 4,500 0.00%
Consultant Services 49,359 147,545 (98,186) -66.55% 49,359 122,635 73,276 40.25%
Training 2,855 4,246 (1,391) -32.76% 2,855 12,100 9,245 23.60%
Travel 296 355 (59) 0.00% 296 1,500 1,204 19.74%
Uniforms 17,264 13,198 4,066 30.81% 17,264 41,500 24,236 41.60%
Misc Other 1,055,037 1,064,986 (9,949) -0.93% 1,055,037 4,477,209 3,422,172 23.56%
Total Code 4 1,366,424 1,523,344 (156,920) -10.30% 1,366,424 5,191,200 3,824,776 26.32%
Code 6/7 - Debt Service 109,958 111,645 (1,687) -1.51% 109,958 689,869 579,911 15.94%
Code 8 - Benefits
Pension 143,671 143,969 (298) -0.21% 143,671 535,259 391,588 26.84%
Healthcare 443,044 432,989 10,055 2.32% 443,044 1,026,066 583,022 43.18%
Dental 22,996 22,579 417 1.85% 22,996 45,058 22,062 51.04%
Social Security 98,334 104,303 (5,968) -5.72% 98,334 266,902 168,568 36.84%
Workers' Compensation 35,451 17,270 18,181 105.28% 35,451 28,000 (7,451) 126.61%
Total Code 8 743,497 721,111 22,387 3.10% 743,497 1,901,285 1,157,788 39.10%
Code 9 - Interfund Transfers 0 0 0 - 0 3,630,000 3,630,000 0.00%
Grand Total 4,085,154 4,446,406 (361,252) -8.12% 4,085,154 16,953,593 12,868,438 24.10%
Water Fund Expenditures
2019 Water Fund Second Quarter Report – Page 3
Second quarter 2019 expenditures in the Water Fund were $4,085,154, which is 24.10% of the 2019
budgeted total. In comparison to the second quarter of 2018, when the total was $4,446,406, the 2019
total has decreased by $361,252 or 8.12%.
In reviewing the expenditures and comparing the two from year to year there were not many material
variances from 2018 to 2019. There are multiple expenditure categories that have decreased from 2018 to
2019, which in review can primarily be attributed to timing of invoices.
It should be noted there is a decrease of 23.54% in Materials & Supplies within the Water Fund at the end
of the second quarter. In review the decrease was caused by timing of when purchases, specifically
chemicals for purification, were purchased within each fiscal year.
Furthermore the decrease in Permanent Salaries is caused by vacancies within the Water Fund in the 2019
fiscal year.
Part III – Conclusion
As of June 30, 2019 the Water Fund has a six month surplus of $1,553,262; whereas in 2018 the surplus
was $836,954. While having a surplus in the Water Fund in this amount through six months is certainly a
positive, it is premature to ascertain an accurate forecast of how the 2019 fiscal year will end. The Water
Fund is dependent, as everyone knows, on the water billings with primary usage occurring throughout the
summer months. Furthermore a material percentage of the Water Fund expenditure budget is the transfer
of current year surplus to the General Fund. It is unknown at this time if, or how much, of that transfer
will be made in the 2019 fiscal year.
If you have any questions regarding the information provided in this report please do not hesitate to
contact me for answers.
2019 2018 Difference
Revenues 5,638,416 5,283,360 355,056
Expenditures 4,085,154 4,446,406 (361,252)
Difference 1,553,262 836,954 716,308
2019 Sewer Fund Second Quarter Report – Page 1
Revenue 06/30/2019 06/30/2018 $ Change % Change 2019 Actual 2019 Budget $ Diff % Achieved
Sewer Rents 1,969,104 2,047,622 (78,518) -3.83% 1,969,104 4,550,000 (2,580,896) 43.28%
Sewer Charges 232,304 270,744 (38,440) -14.20% 232,304 319,000 (86,696) 72.82%
Use Of Money & Property 4,560 649 3,911 602.46% 4,560 525 4,035 868.56%
Miscellaneous 15,003 16,545 (1,542) -9.32% 15,003 38,000 (22,997) 39.48%
Total 2,220,971 2,335,560 (114,588) -4.91% 2,220,971 4,907,525 (2,686,554) 45.26%
Sewer Fund Revenues
Office of the City Comptroller
City Hall
433 River Street – Suite 5001
Troy, New York 12180-3406
Date: July 31, 2019
To: Honorable Wm. Patrick Madden
City Council Members
From: Andrew Piotrowski
Deputy City Comptroller
Re: Second Quarter 2019 Financial Report – Sewer Fund
Part I – Revenues
Revenues in the Sewer Fund totaled $2,220,971 at the end of the second quarter in 2019, which represents
45.26% of the budgeted total. In comparison the 2018 revenues totaled $2,335,560; therefore the revenues
in 2019 have decreased by 4.91%
The principal source of revenue in the Sewer Fund is charges to city residents based on consumption,
which totaled $1,969,104 in the first half of the 2019 fiscal year, which is 43.28% of the total amount
budgeted for. Revenues have decreased by 3.83% from the six month total of 2018; however, similar to
the Water Fund this is caused by one (1) less cycle being billed in the second quarter of 2019 than in
2018. When looking at the billing for this cycle in 2019 and including it within the six month total in the
current year revenues have increased in the current fiscal year.
The decrease in Sewer Charges in 2019 is caused by a decrease in interest and penalties on delinquent
accounts due to the change in the way bills are prepared in 2019 compared to 2018. Interest and penalties
are still being charged timely on all delinquent accounts and the shutoff program has commenced on
delinquent accounts exceeding two (2) quarters.
Monica Kurzejeski
Deputy Mayor
Wm. Patrick Madden
Mayor
Andrew Piotrowski
Deputy City Comptroller
2019 Sewer Fund Second Quarter Report – Page 2
Part II – Expenditures
Expenditures in the Sewer Fund totaled $1,061,839 through the end of the second quarter of 2019, a
decrease of $9,498 or 0.89% from the first six (6) months of 2018. When comparing the second quarter
results to the overall Sewer Fund budget, 21.49% of the total budgeted expenditures have been
recognized.
When looking at the individual line items within the Sewer Fund the vast majority have not experienced a
material increase or decrease in comparison to the six month total of 2018.
The principal expenditure in the department is the annual transfer to the Capital Projects Fund for the
Combined Sewer Overflow (CSO) Project. This transfer will be recorded at the end of the 2019 fiscal
year pursuant to the fund balance policy passed in March 2018. The amount of the transfer will be based
on actual revenues and operating expenditures within the Sewer Fund.
Expenditure 06/30/2019 06/30/2018 $ Change % Change 2019 Actual 2019 Budget $ Rem % Expended
Code 1 - Salaries
Permanent Salaries 292,796 361,340 (68,544) -18.97% 292,796 827,323 534,527 35.39%
Temporary Salaries 12,408 11,520 888 7.71% 12,408 30,000 17,592 41.36%
Overtime 44,358 36,805 7,553 20.52% 44,358 80,000 35,642 55.45%
Misc. Other 167 4,900 (4,733) 100.00% 167 17,500 17,333 0.95%
Total Code 1 349,729 414,565 (64,837) -15.64% 349,729 954,823 605,094 36.63%
Code 2 - Equipment 32,130 0 32,130 100.00% 32,130 47,130 15,000 68.17%
Code 3 - Materials & Supplies 122,243 58,812 63,431 107.85% 122,243 299,268 177,025 40.85%
Code 4 - Contractual Services
Utilities 4,696 4,102 593 14.47% 4,696 10,900 6,204 43.08%
Repairs & Rentals 5,097 12,656 (7,560) -59.73% 5,097 64,000 58,903 7.96%
Insurance 16,525 15,094 1,431 9.48% 16,525 17,000 475 97.21%
Consultant Services 22,915 28,761 (5,846) -20.33% 22,915 309,300 286,385 7.41%
Training 0 0 0 0.00% 0 10,000 10,000 0.00%
Uniforms 2,925 3,538 (613) -17.33% 2,925 8,500 5,575 34.42%
Due To Other Funds 239,604 239,666 (62) -0.03% 239,604 479,332 239,728 49.99%
Total Code 4 291,762 303,817 (12,055) -3.97% 291,762 899,032 607,270 32.45%
Code 6/7 - Debt Service 73,487 62,764 10,723 0.00% 73,487 74,874 1,387 98.15%
Code 8 - Benefits
Pension 38,637 40,159 (1,522) -3.79% 38,637 144,948 106,311 26.66%
Healthcare 107,586 126,622 (19,036) -15.03% 107,586 249,163 141,577 43.18%
Dental 5,367 6,905 (1,538) -22.27% 5,367 10,516 5,149 51.04%
Social Security 25,646 30,732 (5,086) -16.55% 25,646 73,044 47,398 35.11%
Worker's Compensation 15,252 26,961 (11,709) -43.43% 15,252 45,000 29,748 33.89%
Total Code 8 192,488 231,379 (38,890) -16.81% 192,488 522,671 330,183 36.83%
Code 9 - Interfund Transfers 0 0 0 0.00% 0 2,142,863 2,142,863 0.00%
Grand Total 1,061,839 1,071,337 (9,498) -0.89% 1,061,839 4,940,661 3,878,821 21.49%
Sewer Fund Expenditures
2019 Sewer Fund Second Quarter Report – Page 3
Part III – Conclusion
2019 2018 Difference
Revenues 2,220,971 2,335,560 (114,589)
Expenditures 1,061,839 1,071,337 (9,498)
Difference 1,159,132 1,264,223 (105,091)
The Sewer Fund has a surplus of $1,159,132 as of June 30, 2019, a decrease of $105,091 from the 2018
six month surplus. The cause of this decrease is the timing of billings between 2018 and 2019.
It is important to note that the Sewer Fund will show a surplus throughout the fiscal year because the
transfer to the Capital Projects Fund will not occur until the 2019 year-end reconciliation. However the
difference between the two years as of June 30
th
is not of major concern to this point within the City
Comptroller’s Office. As done historically the fund will be monitored throughout the third quarter to track
the direction the fund is going for this fiscal year in concert with the Department of Public Utilities.
If you have any questions regarding the information provided in this report please do not hesitate to
contact me for answers.
ORD. 71
ORDINANCE AMENDING THE TROY CITY CODE, CHAPTER 148, ELECTRICIANS
The City of Troy, convened in City Council, ordains as follows:
Section 1. Chapter 148 of the Troy City Code is amended as follows:
Chapter 148. Electricians
[HISTORY: Adopted by the City Council of the City of Troy 3-1-1973 as Ch. 11 of the
1973 Code. Amendments noted where applicable.]
GENERAL REFERENCES
Building construction — See Ch. 141.
Property maintenance — See Ch. 176.
§ 148-1. Definitions.
For the purposes of this chapter, the following definitions shall apply:
BOARD or BOARD OF EXAMINERS
The Electrical License Board of Examiners provided for in this chapter.
MASTER ELECTRICIAN
Includes any person holding himself out to the public as principally engaged in
the business of contracting to install or alter electrical equipment or apparatus for
utilization of electricity supply for light, heat or power. A person who holds a valid
Class A license or Class B license issued in accordance with the provisions of
this chapter.
PERSON
Includes persons of either sex, natural persons, corporations, partnerships,
associations, joint-stock companies, societies and all other entities of any kind
capable of being used. A natural person.
§ 148-2. Board of Examiners.
[Amended 1-8-1981; 10-2-1986; 10-4-1990]
A.
There is hereby created a board to be known as the Electrical License Board of
Examiners which shall consist of seven three members as follows:
(1)
One local representative from any one of the electrical inspection agencies listed in
§ 141-58, such representative to be the electrical inspector assigned to the City territory.
(2)
Two master electricians with at least 10 years experience in the City of Troy, primarily
engaged in the electrical field construction work and employing one or more journeyman
electricians.
(3)
ORD. 71
One journeyman electrician of 10 years experience in the City; all to be appointed by
the Mayor and a representative of the New York Power and Light Corporation; the
Commissioner of Buildings and the City Clerk.
B.
The present existing Electrical License Board of Examiners and all members thereof is
hereby terminated and such present members shall continue only until the appointment
of new members by the Mayor as prescribed by this chapter. With the expiration of the
term for which each member shall have been appointed, the Mayor shall fill the vacancy
by appointment of a person with the same qualifications as the member of office who is
terminated for a term of three yearsEach member shall be appointed by the Mayor to
serve a term of three years, unless sooner removed by the Mayor. Any appointed
member may be removed by the Mayor for malfeasance in office, incapacity, or neglect
of duty.
C.
The Administrator of the Board of Examiners shall be the City Clerk.
D.
As of January 1, 2020, Each each member of the examining board Board of Examiners
shall receive a fee of $500 600 a year and the secretary Administrator of the Board shall
receive $1,0001200 a year. Each member of the examining board Board of Examiners
who is qualified to hold a Class A license shall be entitled to receive such license and/or
renewals thereof without paying a fee.
[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions,
Art. I).
C. E.
The Board of Examiners shall elect its own chair. The secretary shall be the City Clerk
or the designee of the City Clerk. A majority of the membership of the Board shall
constitute a quorum to transact the business of the Board. The Board shall meet at least
quarterly on the fifteenth day of January, the fifteenth day of April, the fifteenth day of
July, and the fifteenth day of October, and shall hold special meetings at the call of the
Chair, who shall call a special meeting whenever he/shethey or a majority of the Board
shall consider such meeting desirable for the proper and efficient conduct of the
business of the Board. The Board shall examine applicants for licenses to determine the
qualifications and fitness of the applicants to receive licenses to engage in business as
master electricians. The nature of the examinations conducted under this chapter shall
be determined by the Board, and the Board shall adopt such rules and regulations as it
may deem necessary for such examinations. An applicant who has failed in his first
examination shall not be entitled to another examination until after 90 days from the
date of such failure; an applicant who has failed twice or more shall not be entitled to
any additional examination until after six months from the date of the last preceding
failure. Final action on any application shall be taken by the Board of Examiners within
three months after the receipt of the application by the City Clerk.
§ 148-3. License required.
A.
ORD. 71
No person shall within the limits of the City engage in or carry on the business of
installing, altering or repairing any electric wiring or electric apparatus for heat, light or
power, nor shall any person in any manner undertake to execute such work unless such
person is the holder of a master electrician's Class A or Class B license as provided for
in this chapter or is working for a company that employs an electrician who holds a
Class A or Class B license as provided for in the chapter, except as provided in § 148-
11148-13.
B.
Every company performing electrical work in the City of Troy must employ a licensed
master electrician.
C.
There shall be two classes of licenses, to be known as "Class A" and "Class B”. A
Class A license shall entitle the holder thereof to engage in or carry on the business of
master electrician for the duration of the license. A Class B license shall entitle the
holder thereof to carry on the business of master electrician but shall entitle such holder
to undertake the execution of work in a single continuous installation only, such
installation to be confined to one location or property, and such Class B license shall
expire one year from the date of its issuance unless renewed within such one-year
periodbefore the expiration date.
§ 148-4. Application for Class A license.
A.
Any person desiring to procure a Class A license as provided for in this chapter shall
make application for such license to the City Clerk, stating the class of license applied
for, the name and place of business of the applicant and the name of the representative
of the applicant who will act as supervisor of the work to be done under the license, and
the applicant shall have at least five years experience using the form provided and
submitting such documentation as shall be required by the Board.
B.
The City Clerk shall within 10 5 days after the receipt by him/her of any application for a
Class A license accompanied by the proper fee, deliver such application to the
secretary of the Board of Examiners, who shall assess the application to determine the
fitness of the applicant to take the written examination.
C.
Beginning January 1, 2008, every application for renewal received beyond the renewal
deadline date, as defined in § 148-8A herein, shall be processed pursuant to § 148-8.
[Added 8-7-2008 by Ord. No. 9]The Board shall examine applicants for licenses to
determine the qualifications and fitness of the applicants to receive Class A licenses to
engage in business as master electricians. The nature of the examinations conducted
under this chapter shall be determined by the Board,. and tThe Board and the
Administrator shall adopt such written rules and regulations as it they may deem
necessary for such examinations.
D.
Applicants must earn a minimum grade of 75% to pass the exam. An applicant who has
failed in his first examination shall not be entitled to another examination until after 90
days from the date of such failure; an applicant who has failed twice or more shall not
ORD. 71
be entitled to any additional examination until after six months from the date of the last
preceding failure. Final action on any application shall be taken by the Board of
Examiners within three months after the receipt of the application by the City Clerk.
§ 148-5. Holder of license and supervisor.
A.
Each license when issued under this chapter shall be issued to a person, firm or
corporation to be known as the holder of the license. Each license shall designate as
supervisor of all electrical work to be done by the person, firm or corporation to whom
the license is issued the person named as supervisor in the application for the license.
B.
In case the holder of the license is a person, the supervisor shall either be the holder
himself/herself, or shall be in the employ of the holder. In case the holder of the license
is a firm, the supervisor shall either be a partner in the firm or shall be in the employ of
the holder. In case the holder of the license is a corporation, the supervisor shall either
be an officer of the corporation or shall be in the employ of the corporation. The same
person shall not be designated as the supervisor in two or more licenses issued to
different persons, firm or corporations. In the event that the business association or
employment of the supervisor with the holder of a license shall terminate, such license
shall become null and void 90 days after such termination; provided, however, that
without payment of any further fee, a new license shall be granted to the holder of the
expiring license upon application to the Board of Examiners within the ninety-day period
and upon the approval by the Board of Examiners of the qualifications of the person
named in the application as the supervisor for the person, firm or corporation making
the application for the license.
§ 148-65. Issuance of Class A license.
A.
Upon notification by the secretary of the Board of Examiners that the applicant has
passed the examination and that the applicant has met all the requirements of the
Board to engage in the business of master electricianreceive a Class A license, the City
Clerk shall issue the license to engage in the business as provided for in § 148-3. All
Class A licenses shall be numbered in the order in which they are issued and each
license shall state the class of license, the name and address of the holder, and the
expiration date of the license, the name of the supervisor, the fee paid, and in the case
of the Class B license, shall specify the particular installation to which the license
applies.
§ 148-76. Fees for Class A license.
[Amended 1-2-1976; 12-4-1980; 5-7-1987; 12-8-1994; 3-14-1996]
A.
For the calendar year in which the license is first issued, a fee of $200 shall be paid for
the Class A license. If it is determined an applicant does not meet the requirements to
take the examination provided for in this chapter, the sum of $200 shall be refunded; if a
ORD. 71
license is not granted due to failure of said examination, the sum of $100 shall be
returned. A fee of $200 shall be paid for a Class B license or any renewal thereof.At the
time of examination, approved applicants shall pay a non-refundable exam fee of $100.
B.
Upon passing the exam, a Class A license shall be issued for a fee of $150 and shall
expire at the end of the calendar year in which it was issued.
C.
For each subsequent annual renewal of a Class A license, a fee of $150 shall be paid.
D.
For each renewal of a Class A license after the first year, a fee of $100 shall be paid. A
deposit equal to the fee the first year shall accompany each application for a license,
and in case the license is granted, such deposit shall be retained as the fee for that
year. In case the license is not granted, the deposit shall be returned to the applicant.
All fees shall be paid to the City Clerk and shall be subsequently paid by the City Clerk
to the Treasurer of the City.
§ 148-87. Expiration and renewal of Class A license.
[Amended 8-7-2008 by Ord. No. 9
[1]
]
A.
Each Class A license shall expire at the end of the calendar year in which it was issued,
consistent with § 148-8 148-7 herein. Each Class A license shall be renewed, without
further examination, if the complete application for renewal and appropriate renewal fee
is are received by the City Clerk on or before December 15 of each calendar year. A
completed renewal application shall include and upon the applicant showing proof of
completing at least six hours of continuing education in the electrical field during the
current calendar year, and either proof of workers’ compensation/disability insurance
(NYS Form C-105.2) or proof of exemption (NYS Form CE-200).
[Amended 8-2-2012 by Ord. No. 2]
B.
In the event the annual renewal application and fee is not received on or before
December 15, tThe City Clerk shall accept the filing of all late applications received after
December 15, provided the late application is received by the City Clerk within nine
months of the filing deadline. The applicant must attach a detailed sworn written
statement to the late application, explaining the basis for the late filing. In addition, the
applicant must pay the annual filing fee plus a late filing fee of $250 upon submission of
the late renewal application. Upon receipt of the late renewal application, the sworn
written statement and all fees, the City Clerk shall forward the late application and
attached sworn statement to the Board of Examiners for the Board's review and
deliberation in contemplation of either approval or denial of issue the license renewal
license.
C.
Upon receipt of the late renewal application, the Board of Examiners shall meet and
review the application, along with the applicant's sworn written statement explaining the
basis for failing to meet the filing deadline of December 15. Upon review and
deliberation of the circumstances surrounding the basis of the late application, the
Board is hereby authorized, by a majority vote, to reinstate the license without
ORD. 71
reexamination, provided the basis for failure to renew was solely procedural in nature.
The standard of review upon approval shall be based upon a "preponderance of the
evidence which demonstrates the failure to renew was a negligent procedural defect, in
no way related to the applicant's substantive ability to perform his/her duties as a
licensed electrician." The Board is hereby authorized to establish reasonable
procedures to review all late filings consistent with and ensuring due process rights to
all late applicants. The Corporation Counsel shall be available to the Board to provide
legal counsel to the Board as requested.Renewal applications received after nine
months of the filing deadline shall be required to retake the licensing examiniation.
[1]
Editor’s Note: This ordinance also provided that it be in effect retroactive to 1-1-2008.
§ 148-8. Application for Class B license.
A.
Any person desiring to procure a Class B license as provided for in this chapter shall
make application for such license to the Department of Code Enforcement using the
form provided and submitting such documentation as shall be required by the
Department and the appropriate fees.
B.
The Department shall within 10 days after receipt of any application for a Class B
license assess the application to determine the fitness of the applicant to execute the
work described therein.
§ 148-9. Issuance of Class B license.
A.
Upon approval of the Class B license application, the Department of Code Enforcement
shall inform the City Clerk, who shall issue the Class B license. All Class B licenses
shall state the class of license, the name and address of the holder, and the location of
the property covered by the license.
§ 148-10. Fees for Class B license.
A.
Each Class B license and subsequent renewal shall be issued at the following rates:
1. Residential (3 units or less), $200.00
2. Antenna/Solar, $300.00
3. Commercial, $500.00
All fees shall be paid to the City Clerk and shall be subsequently paid by the City Clerk
to the Treasurer of the City.
§ 148-911. License not transferable.
A.
ORD. 71
No license granted under this chapter shall be transferable, and no license shall be
used for the interests of any unlicensed master electrician, except as provided for in
§148-3.
§ 148-1012. Revocation of license.
A.
Upon presentation to the Board of Examiners of charges that the holder of any license
has willfully violated any of the provisions of any ordinances of the City or any
neighboring community or county with which the Board has a reciprocal agreement
applying to electrical work or is incompetent to comply with such provisions, the Board
of Examiners shall fix a time and place for a meeting to consider such charges and shall
notify the holder of the license to be present at such meeting. Such notification shall be
in writing and shall be delivered to the holder at least five days in advance of the
meeting.
B.
If upon a hearing of the Board of Examiners of all evidence offered it shall be decided
by the Board of Examiners that such holder of a license has willfully violated any of the
provisions of any such ordinance, or by continued violation has proven his
incompetency to comply with any of the provisions of any such ordinance, then the
Board of Examiners shall revoke the license of such holder. When a license has been
revoked, a new license shall not be granted to the same person, firm or corporation until
a period of at least 90 days has elapsed after such revocation.
§ 148-1113. Exemptions from chapter.
A.
The provisions of this chapter shall not apply to persons engaged in solely selling or
solely in the attachment of ordinary electrical appliances to existing circuits where no
joining or splicing of electrical conductors is required; nor to persons, firms or
corporations, copartnerships and associations regularly employing electricians for the
installation, maintenance, repair, altering and extension of the electric wires,
conductors, electrical machinery, apparatus, or appliances in their own property and/or
property occupied by them; nor to the installation, maintenance or repair of elevators;
nor to any work involved in the manufacture, test or repair of electrical machinery,
apparatus, materials and equipment or to its assembly, installation and wiring, when
such assembly, installation and wiring are done by a person, firm or corporation
engaged in electrical manufacturing as their principal business; nor to the work in
connection with the erection, construction, maintenance or repair of lines for the
transmission of electricity from the source of supply to the service connection of the
premises where used; nor to the public service companies or municipal plants
authorized to generate or sell electricity or to the work of such companies installing,
maintaining and repairing on the consumer's premises of service connections, meters
and other apparatus and appliances remaining the property of such companies after
installation or to emergency repairs of wiring and appliances on consumers' premises
necessary for the protection of life or property; nor to the work of companies
ORD. 71
incorporated for the transmission of intelligence by electricity in installing, maintaining or
repairing wires, apparatus or fixtures or other appliances.
B.
Nothing herein contained, however, shall be construed so as to prohibit or prevent any
person from installing, altering or extending the electric wires, conductors, apparatus,
fixtures, machinery, appliances or appurtenances in his own property.
§ 148-1214. Penalties for offenses.
A.
Any person who shall violate any provision of this chapter shall be guilty of a
misdemeanor and upon conviction thereof shall be subject to a fine of not more than
$250 or to imprisonment for not more than 15 days or to both such fine and
imprisonment, and each day on which such violation continues shall constitute a
separate offense. In addition to the penalty imposed, the license of the person violating
the same may be revoked.
Section 2. This ordinance shall take effect immediately.
Approved as to form, August 15, 2019July 31, 2019,
____________________________________
James A. Caruso, Esq., Corporation Counsel
TO: City Council and Mayor Patrick Madden
FROM: Mara Drogan, City Clerk
DATE: August 19, 2019
RE: Proposed Revision to City Code, Ch. 148. Electricians
Attached please find proposed revisions to Chapter 148 of the City Code. The Electrical License
Board (Doug Wilkie, Paul Heroux, and John Finelli) has reviewed and approved these revisions.
The most significant changes are:
1) §148-2. Officially reducing the size of the board from 7 members to 3. It has not had 7
members in many years.
2) §148-2. Raising the annual fee for board members and the administrator by $100 and $200
respectively. Fees were last changed in 1990.
3) §148-6. Raising fees for A licenses from $100 to $150 and B licenses from $200 to $300.
Fees were last changed in 1994 and 1996, respectively.
Provided the number of licenses issued remains consistent with the past 4 years, I have
projected increased revenue as follows:
2015-2017
Average
2018
Actual
2020
Projection
Electrical License
$22,175.00
$23,850.00
$34,950.00
Electrical "B" License
$6,600.00
$9,000.00
$12,000.00
Exam Fee*
$2,566.67
$1,500.00
$2,000.00
Late Fee**
$1250.00
TOTALS
$31,341.67
$34,350.00
$50,200.00
*We do not propose to raise exam fee but the number of applicants increased in 2019 due
to posting exam dates in City Hall and on social media.
**Late fees were not tracked separately in the past but were folded into Electrical License
category.
For comparison:
Municipality
Class A
Class B
Albany
$300
$400
Schenectady
$300
$300
Although the Class A license is still below that of neighboring cities, the Board felt that
increasing more than $50 at one time could have a negative impact on the number of
electricians choosing to renew their licenses. We recommend revising the fees on a more
regular basis.
4) §148-8 through 148-10. Adding B license process to Code.
5) The remaining changes better reflect current practice and reorganized the chapter to make it
more logical.
ORD. 72
ORDINANCE AMENDING THE TROY CITY CODE, CHAPTER 228, PLUMBERS
The City of Troy, convened in City Council, ordains as follows:
Section 1. Chapter 228 of the Troy City Code is amended as follows:
Chapter 228. Plumbing
[HISTORY: Adopted by the City Council of the City of Troy 7-6-1978 (Ch. 23 of the 1973
Code); amended 12-7-1995. Amendments noted where applicable.]
GENERAL REFERENCES
Building construction — See Ch. 141.
Property maintenance — See Ch. 176.
§ 228-1. Definitions.
For the purposes of this chapter, the following definitions shall apply:
BOARD or BOARD OF EXAMINERS
The Examining Board of Plumbers provided for in this chapter.
MASTER PLUMBER
A person who holds a Class A license issued in accordance with the provisions
of this chapter.
PERSON
A natural person.
§ 228-72. Board of Examiners.
[Added 10-3-2013 by Ord. No. 63]
A.
There is hereby created a board to be known as the Examining Board of Plumbers
which shall consist of three members as follows:
(1)
Three master plumbers with at least 10 years' experience in the City of Troy, primarily
engaged in the plumbing field.and employing one or more journeyman plumbers.
B.
Each member shall be appointed by the Mayor to serve a term of three years, unless
sooner removed by the Mayor. Any appointed member may be removed by the Mayor
for malfeasance in office, incapacity, or neglect of duty.
C.
The administrator of the Board shall be the City Clerk.
D.
As of January 1, 2020, each member of the Board shall receive a fee of $600 per year
and the administrator shall receive a fee of $1,200 per year. Each member of the
Examining Board who is qualified to hold a Class A license shall be entitled to receive
such license and/or renewals thereof without paying a fee.
E.
ORD. 72
The Examining Board of Plumbers shall elect its own chair. A majority of the
membership of the Board shall constitute a quorum to transact the business of the
Board. The Board shall meet at the call of the Chair, who shall call a meeting whenever
they or a majority of the Board shall consider such meeting desirable for the proper and
efficient conduct of the business of the Board.
F.
The Examining Board of Plumbers as already constituted is authorized and empowered
to conduct the necessary examinations and to issue Class A licenses in conformity with,
and to carry into effect, the provisions of this chapter.
§ 228-13. Certificate of competency License required for plumbers.
A.
No person shall perform any plumbing or draining work in the City without having first
obtained from the Examining Board of Plumbers of the City a certificate of competency
unless such person is the holder of Class A license as provided for in this chapter, to
conduct such trade or calling or is working for a company that employs a plumber who
holds a Class A license as provided for in this chapter.
B.
Every company performing plumbing work in the City of Troy must employ a licensed
master plumber.
C.
Nothing herein contained shall be construed so as to prohibit or prevent any person
from installing, altering, or extending the plumbing, apparatus, fixtures, machinery,
appliances or appurtenances in his/her own property.
§ 228-2. Authority to issue certificates.
The Examining Board of Plumbers as already constituted is authorized and empowered
to conduct the necessary examinations and to issue, in a proper case, a certificate of
competency in conformity with, and to carry into effect, the provisions of this chapter.
§ 228-4. Application for Class A license.
A.
Any person desiring to procure a Class A license as provided for in this chapter shall
make application for such license to the City Clerk using the form provided and
submitting such documentation as shall be required by the Board.
B.
The City Clerk shall within 5 days after the receipt of an application for a Class A license
deliver such application to the Board of Examiners, who shall assess the application to
determine the fitness of the applicant to take the written examination.
C.
The Board shall examine applicants for licenses to determine the qualifications and
fitness of the applicants to receive Class A licenses to engage in business as master
plumbers. The nature of the examinations conducted under this chapter shall be
ORD. 72
determined by the Board. The Board and the administrator shall adopt such written
rules and regulations as they may deem necessary for such examinations.
D.
Applicants must earn a minimum grade of 75% to pass the exam. An applicant who has
failed in his first examination shall not be entitled to another examination until after 90
days from the date of such failure; an applicant who has failed twice or more shall not
be entitled to any additional examination until after six months from the date of the last
preceding failure.
§ 228-5. Issuance of Class A license.
A.
Upon notification by the Board of Examiners that the applicant has passed the
examination and that the applicant has met all the requirements of the Board to receive
a Class A license, the City Clerk shall issue the license to engage in the business as
provided for in § 228-3. All Class A licenses shall be numbered in the order in which
they are issued and each license shall state the class of license, the name and address
of the holder, and the expiration date of the license.
§ 228-36. Fees.
A.
At the time of examination, approved applicants shall pay a non-refundable exam fee of
$100.
Every application for a certificate of competency shall be accompanied by a fee of $5,
and any person passing such examination shall receive a certificate of competency
upon the payment of an additional fee of $50.
B.
Upon passing the exam, a Class A license shall be issued for a fee of $150 and shall
expire at the end of the calendar year in which it was issued.
All certificates of registration issued thereunder and all certificates of competency shall
expire on the 31st day of December of the year in which they shall have been issued
and may be renewed upon the payment of $100 for such certificate of registration and
$2 for such certificate of competency. A late filing fee of $250 will be applied to any
certificate of registration that is not renewed in the year in which such certificate was
issued.
[Amended 2-3-2011 by Ord. No. 4]
C.
For each subsequent renewal of a Class A license, a fee of $150 shall be paid.
Payment of the fee and charges above specified shall be made to the secretary of the
Examining Board of Plumbers and shall be by him/her paid over to the Treasurer of the
City not later than the fifth day of the month following the receipt of such fees and
charges.
D.
All fees shall be paid to the City Clerk and shall be subsequently paid by the City Clerk
to the Treasurer of the City.
ORD. 72
§ 228-4. Exception.
Nothing herein contained shall be construed to require a certificate of competency to be
held by a journeyman plumber employed by a person, firm or corporation possessing a
certificate of competency issued by the Examining Board of Plumbers of the City.
§ 228-7. Expiration and renewal of Class A license.
A.
Each Class A license shall expire at the end of the calendar year in which it was issued,
consistent with § 228-7 herein. Each Class A license shall be renewed, without further
examination, if the complete application for renewal and appropriate renewal fee are
received by the City Clerk on or before December 15 of each calendar year. A
completed renewal application shall include either proof of workers’
compensation/disability insurance (NYS Form C-105.2) or proof of exemption (NYS
Form CE-200).
B.
The City Clerk shall accept the filing of all late applications received after December 15,
provided the late application is received by the City Clerk within nine months of the filing
deadline. The applicant must pay the annual filing fee plus a late filing fee of $250 upon
submission of the late renewal application. Upon receipt of the late renewal application
and all fees, the City Clerk shall issue the renewal license.
C.
Renewal applications received after nine months of the filing deadline shall be required
to retake the licensing examination.
§ 228-8. License not transferable.
A.
No license granted under this chapter shall be transferable, and no license shall be
used for the interests of any unlicensed plumber, except as provided for in §228-3.
§ 228-9. Revocation of license.
A.
Upon presentation to the Board of Examiners of charges that the holder of any license
has willfully violated any of the provisions of any ordinances of the City or is
incompetent to comply with such provisions, the Board of Examiners shall fix a time and
place for a meeting to consider such charges and shall notify the holder of the license to
be present at such meeting. Such notification shall be in writing and shall be delivered
to the holder at least five days in advance of the meeting.
B.
If upon a hearing of the Board of Examiners of all evidence offered it shall be decided
by the Board of Examiners that such holder of a license has willfully violated any of the
provisions of any such ordinance, or by continued violation has proven his
incompetency to comply with any of the provisions of any such ordinance, then the
Board of Examiners shall revoke the license of such holder. When a license has been
ORD. 72
revoked, a new license shall not be granted to the same person, until a period of at least
90 days has elapsed after such revocation.
§ 228-510. Penalties for offenses.
A.
Any person violating any of the provisions of this chapter shall be guilty of a
misdemeanor.
§ 228-6. Not applicable to property owner.
Nothing herein contained shall be construed so as to prohibit or prevent any person
from installing, altering, or extending the plumbing, apparatus, fixtures, machinery,
appliances or appurtenances in his/her own property.
§ 228-7. Board of Examiners.
[Added 10-3-2013 by Ord. No. 63]
A.
There is hereby created a board to be known as the Examining Board of Plumbers
which shall consist of three members as follows:
(1)
Three master plumbers with 10 years' experience in the City and employing one or
more journeyman plumbers.
B.
The present existing Examining Board of Plumbers and all members thereof is hereby
terminated and such present members shall continue only until the appointment of new
members by the Mayor as prescribed by this chapter. With the expiration of the term for
which each member shall have been appointed, the Mayor shall fill the vacancy by
appointment of a person with the same qualifications as the member of office who is
terminated for a term of three years, unless sooner removed by the Mayor. Any
appointed member may be removed by the Mayor for malfeasance in office, incapacity
or neglect of duty. Each member of the Examining Board shall receive a fee of $500 a
year and the Secretary shall receive a fee of $1,000 a year. Each member of the
Examining Board who is qualified to hold a Class A license shall be entitled to receive
such license and/or renewals thereof without paying a fee.
C.
The Examining Board of Plumbers shall elect its own chair. The secretary shall be the
City Clerk or the designee of the City Clerk. A majority of the membership of the Board
shall constitute a quorum to transact the business of the Board. The Board shall meet at
least quarterly on the 15th day of January, the 15th day of April, the 15th day of July,
and the 15th day of October, and shall hold special meetings at the call of the Chair,
who shall call a special meeting whenever he/she or a majority of the Board shall
consider such meeting desirable for the proper and efficient conduct of the business of
the Board. The Board shall examine applicants for licenses to determine the
qualifications and fitness of the applicants to receive licenses to engage in business as
master plumbers. The nature of the examinations conducted under this chapter shall be
ORD. 72
determined by the Board, and the Board shall adopt such rules and regulations as it
may deem necessary for such examinations. An applicant who has failed in his first
examination shall not be entitled to another examination until after 90 days from the
date of such failure; an applicant who has failed twice or more shall not be entitled to
any additional examination until after six months from the date of the last preceding
failure. Final action on any application shall be taken by the Examining Board of
Plumbers within three months after the receipt of the application by the City Clerk.
Section 2. This ordinance shall take effect immediately.
Approved as to form, August 1, 2019,
____________________________________
James A. Caruso, Esq., Corporation Counsel
ORD72
TO: City Council and Mayor Patrick Madden
FROM: Mara Drogan, City Clerk
DATE: August 19, 2019
RE: Proposed Revision to City Code, Ch. 228. Plumbing
Attached please find proposed revisions to Chapter 228 of the City Code. The Plumbers Board
(Matt McElligott, Gary Mulligan, and Tim Strife) has reviewed and approved these revisions.
The most significant changes are:
1) The process for issuing and renewing A licenses was added.
2) §228-2. Raising the annual fee for board members and the administrator by $100 and
$200 respectively. Fees were last changed in 1993.
3) §228-6. Raising fee for A licenses from $102 to $150. Fee was last changed in 1995.
Provided the number of licenses issued remains consistent with the past 4 years, I have
projected increased revenue as follows:
2015-2017
Average
2018
Actual
2020
Projection
Exam Fee
$466.67
$10.00
$300.00
Late Fee*
$250.00
Plumber's License
$4,692.00
$4,792.00
$7,650.00
Totals
$5,158.67
$4,802.00
$8,200.00
*Late fees were not tracked separately in the past but were folded into Plumber’s
License category.
For comparison:
Municipality
Class
A
Albany
$300
Schenectady
$200
Although the Class A license is still below that of neighboring cities, increasing more
than $50 at one time could have a negative impact on the number of plumbers choosing
to renew their licenses. We recommend revising the fees on a more regular basis.
4) The remaining changes better reflect current practice and reorganized the chapter to
make it more logical.
ORD73
THE PLASTIC FREE HUDSON RIVER ORDINANCE
TO AMEND THE TROY CITY CODE, CHAPTER §189
The City of Troy, in City Council, convened, ordains as follows:
Section 189 of the Code of the City of Troy is hereby amended to provide and read:
§189-0 Legislative Intent
Polystyrene products, plastic straws, and plastic bags have caused and continue to cause
significant environmental harm and have burdened local governments with significant
environmental cleanup costs as well as waste costs.
Plastics and other materials synthesized from petroleum and natural gas do not biodegrade. Even
with the emergence of bioplastics, which are derived from renewable biomass sources, such as
plants and microorganisms, there is no certified type of bioplastic that biodegrades in a marine
environment.
The purpose of this Ordinance is to eliminate the use of polystyrene foam food serviceware, to
reduce the use of plastic straws, and to support New York State’s ban on plastic bags, while
working to decrease the overall waste stream by opting in to the five-cent fee on paper bags
provided for under section 27-2805 of the state environmental conservation law.
§189-1 Definitions
A. COVERED STORE shall mean an establishment engaged in the retail sale of personal,
consumer, household items including but not limited to: drug stores, pharmacies, grocery
stores, supermarkets, convenience stores, foodmarts, gas stations, hardware and home
improvement stores, stationary and office supply stores and food service establishments
that provide carryout bags to consumers. Covered stores also include all apparel,
clothing and shoe stores, including those in malls;
B. CUSTOMER shall mean any person obtaining goods from a covered store;
C. RETAIL SALES shall mean the transfer to a customer of goods in exchange for
payment occurring in retail stores, sidewalk sale, farmers’ markets, flea markets and
restaurants. The termretail sales” does not include sales of goods at yard sales, tag
sales, or other sales by residents at their homes;
D. FOOD SERVICE ESTABLISHMENT shall mean a place where prepared food is
provided for individual portion service directly to a customer whether consumption
occurs on or off the premises;
E. SINGLE USE FOOD SERVICE WARE all bowls, plates, cartons, cups, and other
containers, trays, or items intended for single use or in which any food service
establishment places and/or packages food or provides to customers to do so, or any of
which is to be used by customers to consume food. This includes, but is not limited to,
service ware used for takeout or leftovers from partially consumed meals prepared for
consumption at a specific location;
ORD73
F. POLYSTYRENE FOAM shall mean any blown polystyrene, expanded, or extruded
foams (commonly referred to as Styrofoam) which are thermoplastic petrochemical
materials utilizing a styrene monomer and processed by a number of techniques including
but not limited to: fusion of polymer spheres (expandable bead polystyrene), injection
molding, form molding, and extrusion blow molding (extruded from polystyrene). It shall
also include clear or solid polystyrene, known as “oriented polystyrene”;
G. PAPER CARRYOUT BAG shall mean a paper bag, other than an exempt bag, that is
provided to a customer by a person required to collect tax to be used by the customer to
carry tangible personal property, regardless of whether such person required to collect tax
sells any tangible personal property or service to the customer, and regardless of whether
any tangible personal property or service sold is exempt from tax under article 28 of the
tax law.
H. RECYCLABLE PAPER BAG shall mean a paper bag that (1) contains no old growth
fiber; (2) is one hundred percent (100%) recyclable overall and contains a minimum of
fifty percent (50%) post-consumer recycled content;
I. PERSON REQUIRED TO COLLECT TAX shall mean any vendor of tangible
personal property subject to the tax imposed by subdivision (a) of section 1105 of the tax
law.
J. SINGLE-USE PLASTIC STRAW, a single-use, disposable tube made predominantly
of plastic derived from either petroleum or biologically based polymer, such as corn or
other plant sources, used to transfer a beverage from a container to the mouth of the
person drinking the beverage. “Single-use plastic straw” shall not include a straw made
from non-plastic materials, including, but not limited to, paper, pasta, sugar cane, wood,
or bamboo, or a straw expressly marketed as and intended for reuse;
§189-2 Polystyrene Foam Single-use Service Ware.
A. Food service establishments including franchises are prohibited from using single-use
food service ware made of polystyrene foam.
B. Food service establishments with two or less locations may apply with the City of Troy
for a one-year non-renewable exemption to the prohibition on using single-use food
service ware made of polystyrene foam.
C. The retail sales of single-use food service ware made of polystyrene foam by covered
stores including franchises is prohibited.
D. Covered stores with two or less locations may apply with the City of Troy for a one-year
non-renewable exemption to the prohibition of the retail sales of single-use food service
ware made of polystyrene foam.
E. Food service establishments and covered stores may use or sell their existing inventory of
polystyrene foam single-use service ware until the effective date of this act or one year
thereafter for those who have received a waiver.
F. The City of Troy will provide those food establishments and covered stores that receive a
one-year nonrenewable waiver with signage disclosing that waiver, which must be
displayed in a public location.
§189-3 Plastic Straws.
A. Food Service Establishments shall only provide plastic straws upon request to customers.
ORD73
B. The City of Troy shall issue guidance and educational materials to Food Service
Establishments on signage with respect to communicating to customers that they can ask
for plastic straws where such establishments provide them upon request.
§189-4 Paper carryout bag reduction fee.
A. On and after March 1, 2020, there shall be a paper carryout bag reduction fee of five
cents imposed on each paper carryout bag provided by any person required to collect tax
from a customer.
B. Any sales slip, invoice, receipt or other statement of price furnished by a person required
to collect tax to a customer shall separately state and make payable the paper carryout
bag reduction fee and shall state the number of paper carryout bags provided to the
customer.
C. Pursuant to paragraph (c) of subdivision 1 of section 27-2805 of the environmental
conservation law, the transfer of a paper carryout bag to a customer by a person required
to collect tax shall not constitute a retail sale and the fee imposed on paper carryout bags
pursuant to this section shall not constitute a receipt for the sale of tangible personal
property.
D. Pursuant to subdivision 4 of section 27-2805 of the environmental conservation law, the
paper carryout bag reduction fee shall be reported and paid by a person required to collect
tax to the New York state commissioner of taxation and finance, accompanied by a return
in the form and containing the information prescribed by such commissioner, on a
quarterly basis on or before the twentieth day of the month following each quarterly
period ending on the last day of February, May, August and November, respectively.
E. Exemptions.
a. Pursuant to subdivision 3 of section 27-2805 of the environmental conservation
law, the paper carryout bag reduction fee imposed pursuant to section 189-3 shall
not apply to any customer using the supplemental nutrition assistance program,
special supplemental nutrition program for women, infants and children, or any
successor programs used as full or partial payment for the items purchased.
b. Pursuant to subparagraph (1) of paragraph (b) of subdivision 6 of section 27-2805
of the environmental conservation law, the exemptions provided for in section
1116 of the tax law, other than the exemptions in paragraphs (1), (2) and (3) of
subdivision (a) of such section, shall not apply to the paper carryout bag reduction
fee imposed pursuant to this section.
F. A person required to collect a tax shall only provide a recyclable paper bag in the transfer
of a paper carryout bag.
§189
-5 Penalties. Any Food Service Establishment or Covered Store found to be in violation of
the provisions of this Chapter, with the exemption of §189-3 for which the penalties are outlined
under section 27-2807 of the state environmental conservation law and are enforced by the New
York State Department of Agriculture and Markets and Attorney General, shall be liable for a
civil penalty. Such a penalty will be imposed upon the findings of an investigation by the City of
Troy following notice of a potential violation. Such a penalty will be payable to the City of Troy
pursuant to the following penalty structure:
A. Any Covered Store or Food Service Establishment found to be in violation of the
provisions of this law a first time shall be issued a written warning.
ORD73
B. Any Covered Store or Food Service Establishment found to be in violation of the
provisions of this law a second time shall be liable for a civil penalty not to exceed
$100.00.
C. Any Covered Store or Food Service Establishment found to be in violation of the
provisions of this law a third time shall be liable for a civil penalty not to exceed $250.00.
D. Any Covered Store or Food Service Establishment found to be in violation of the
provisions of this law a fourth time shall be liable for a civil penalty not to exceed
$500.00.
E. For each subsequent violation, daily fines of $100.00 shall be instituted and applied for
violations of this Ordinance until compliance is achieved.
F. All fines collected for violations of the Ordinance shall be used to offset any costs of
compliance and oversight of adherence to this Ordinance or to address the costs to the
City associated with waste removal and recycling.
§189-6 Reverse Preemption. This Chapter shall be null and void on the day that a county or
statewide law is in effect, incorporating either the same or substantially similar provisions as are
contained in this Ordinance or in the event that a relevant county, state or federal administrative
agency issues and promulgates regulations preempting such action by the City of Troy. The Troy
City Council shall determine by resolution whether or not the identical or substantially similar
county or statewide law or relevant pre-emptive county, state or federal regulations have been
enacted for the purposes of triggering the provisions of this section.
§189-7 Within five days of the enactment of this Ordinance, the General Services Commissioner
shall mail a certified copy of this Ordinance by registered or certified mail to the New York State
Commissioner of Taxation and Finance and file a certified copy of this Ordinance with the New
York State Tax Commission, the City Clerk, the Secretary of State and the New York State
Comptroller pursuant to subdivisions (d) and (e) of section 1210 of the tax law.
§189-8 This Ordinance takes effect on March 1, 2020, except that the City of Troy and its
employees may take such measures as are necessary for its implementation prior to such
effective date.
Approved as to form August 7, 2019
_________________________________________
JAMES A. CARUSO, ESQ. Corporation Counsel
Sponsor’s Memo: Plastic Free Hudson River Act
David Bissember, Troy City Council, District 5
Legislative Intent:
Polystyrene products, plastic straws, and plastic bags have caused and continue to cause significant
environmental harm and have burdened local governments with significant environmental cleanup costs
as well as waste costs.
Plastics and other materials synthesized from petroleum and natural gas do not biodegrade. Even with the
emergence of bioplastics, which are derived from renewable biomass sources, such as plants and
microorganisms, there is no certified type of bioplastic that biodegrades in a marine environment.
The purpose of this local law is to eliminate the use of polystyrene foam food serviceware, to reduce the
use of plastic straws, and to support New York State’s ban on plastic bags, while working to decrease the
overall waste stream by opting in to the five-cent fee on paper bags provided for under section 27-2805 of
the state environmental conservation law.
Description:
The specific provisions of the Plastic Free Hudson River Act include:
Polystyrene Foam Single-Use Serviceware Ban:
- Prohibits the sale of single-use polystyrene foam food service ware and its use by food service
establishments and covered stores.
- This provision does not preclude the sale or use of recyclable plastic or paper food service ware
which are comparable in price.
- The bill also allows for food service establishments and covered stores with two or less locations
to apply with the City of Troy for a one-year non-renewable exemption to this provision.
- The City of Troy will provide those food establishments and covered stores that receive a one-
year nonrenewable waiver with signage disclosing that waiver.
Plastic Straws Upon Request Only:
- Requires that plastic straws at food service establishments to be “upon request” by customers and
establishes that the City of Troy will provide guidance on signage for stores to let customers
know they may ask for straws.
- Language was developed in concert with and agreed on by members of the Independent Living
Center that use straws as assistive devices, per the recommendation of the Disability Rights
Advocates.
- There would be no additional costs to establishments, and this provision may result in some
savings as establishment may use less straws. Once more, it does not require establishments to
use any alternative straw materials or replace their plastic straws should they have them.
- In addition, the New York State Department of Environmental Conservation provides grants
(with a 50% reimbursement rate) under the Municipal Waste Reduction and Recycling program
that includes costs related to publications, education and outreach tools, advertising, and
promotional items.
Paper Bag Carryout Fee
- This provision opts in to a 5-cent fee on paper bags under the New York State law which bans
carry-out plastic bags beginning in March of 2020.
- Paper bags also have an environmental impact and this fee is meant to discourage simply shifting
from plastic to paper bags and to move towards the further use of reusable bags.
- Further requires that stores provide recyclable paper bags which have less environmental impact
and cost to municipalities.
- Per the underlying state law, sixty percent of the fee goes back into New York State’s
Environmental Protection Fund for related programs, and forty percent stays with the City of
Troy for the specific purpose of providing reusable bags to the community.
- Residents who rely on food assistance programs like WIC and SNAP will be exempt from the
fee.
ORD74
ORDINANCE AUTHORIZING THE CITY TO CREATE A CAPITAL PROJECT AND
AMENDING THE CAPITAL PROJECTS FUND AND WATER FUND BUDGETS TO
ALLOW FUNDING FOR SAID CAPITAL PROJECT
The City of Troy, convened in City Council, ordains as follows:
Section 1. The establishment of a Capital Project entitled “36” Water Main Replacement
Section 2. The City of Troy 2019 budget is herein amended as set forth in Schedule A
entitled:
September 2019 Budget Amendments – 36” Water Main Replacement
which is attached hereto and made a part hereof
Section 3. This act will take effect immediately.
Approved as to form August 15, 2019
James A. Caruso, Corporation Counsel
ORD74
MEMO IN SUPPORT
This ordinance establishes the capital project for the 36” water main transmission project that
connects the Tomhannock Reservoir to the Water Treatment Plant.
The first funding source of the $40,000,000 is based on the bond resolution that was passed by
the City Council in 2018. This revenue account and related expenditure account is for the first
phase of the project.
The second funding source is for the second phase of the project. The initial funding is being
provided from the Water Fund Balance to be used for the initial engineering studies for the
project.
ORD74
Original
Change
Revised
Department
Account No. Description Budget* ( + / - ) Budget
Appropriated Fund Balance F.8300.8018.0000.0000 Appropriated Fund Balance 3,630,000.00 150,000.00 3,780,000.00
150,000.00
Interfund Transfers F.9950.0900.0000.0000 Interfund Transfers 3,630,000.00 150,000.00 3,780,000.00
150,000.00
0.00
36" Water Main Replacement H.0000.5731.0645.0000 BANs Redeemed 0.00 40,000,000.00 40,000,000.00
36" Water Main Replacement H.0000.5031.0645.0000 Interfund Transfers 0.00 150,000.00 150,000.00
40,150,000.00
36" Water Main Replacement H.8340.0200.0645.0001 Equipment & Capital Outlay 0.00 40,000,000.00 40,000,000.00
36" Water Main Replacement H.8340.0200.0645.0002 Equipment & Capital Outlay 0.00 150,000.00 150,000.00
40,150,000.00
0.00
Schedule A
Expenditures
Total Water Fund Budget Expenditure Increase
Net Impact On General Fund
September 2019 Budget Amendments – 36” Water Main Replacement
Capital Projects Fund
Water Fund
Revenues
Total Water Fund Budget Revenue Increase
* Or as previously amended
Net Impact On Capital Projects Fund
Revenues
Total Capital Projects Fund Budget Revenue Increase
Expenditures
Total Capital Projects Fund Budget Expenditure Increase
ORD75
ORDINANCE DECLARING CERTAIN CITY OWNED PROPERTY AS SURPLUS AND
DIRECTING THE COMPTROLLER TO DISPOSE OF SAID PROPERTY
The City of Troy, convened in City Council, ordains as follows:
Section 1. Pursuant to §C-41 (B) (8) of the City Charter, the item of City owned property,
described in the attached memorandum is herein declared to be surplus and the
City Purchasing Agent or a designee, is hereby authorized and directed to sell all
said property.
Section 2. The said property shall be sold “as is” for the highest bid price and on such
additional terms and conditions as shall be set by the City Comptroller.
Section 3. If no bidder or bidders are interested in any or all of said property, the City
Comptroller is hereby authorized to dispose of any such item.
Section 4. This ordinance shall take effect immediately.
Approved as to form August 22, 2019
James A. Caruso, Corporation Counsel
ORD75
MEMO IN SUPPORT
The City Purchasing Agent, or designee, works with the various City departments to identify and
dispose of such no longer useful property on a periodic basis.
ORD75
Vehicles VIN #
Department
2003 Ford Crown Victoria 2FAFP71W63X137635
Police
2010 Ford Crown Victoria 2FABP7BV1AX109632
Police
2004 Ford Crown Victoria 2FAHP71W04X143408
Police
2009 Chevrolet Tahoe 1GNFK03029R133925
Police
2006 Ford Crown Victoria 2FAHP71W26X102202
Police
2013 Ford Explorer 1FM5K8AR3DGC11147
Police
2006 Ford Crown Victoria 2FAHP71W06X102201
Police
2006 Chevrolet Tahoe 1GNWK13Z56R157759
Police
2010 Ford Crown Victoria 2FABP7BV6AZ139192
Police
2010 Ford Crown Victoria 2FABP7BV6AX139189
Police
2008 Chevrolet Tahoe 1GNFK03038R156354
Police
2005 Chevrolet Impala 2G1WF52E159393818
Police
Equipment Serial # Department
Whelan Light Bar 11949 Police
Whelan Light Bar 91391 Police
Whelan Light Bar 91393 Police
Whelan Light Bar 135146 Police
Whelan Light Bar 194279 Police
Whelan Light Bar 91392 Police
Whelan Light Bar 91398 Police
Whelan Light Bar 135143 Police
Automatic Letter Opener (2) Comptroller
Adding Machines (3) Comptroller
Coin Canister Comptroller
Microfiche Machine Comptroller
Parking Ticket Issuance Handheld Machine (2) Comptroller
Items to be Declared Surplus
ORD76
ORDINANCE AMENDING THE CAPITAL PROJECTS FUND
AND DEBT SERVICE FUND BUDGETS
The City of Troy, convened in City Council, ordains as follows:
Section 1. The City of Troy 2019 budget is herein amended as set forth in Schedule A
entitled:
September 2019 Budget Amendments – Capital Account Cash Balances
which is attached hereto and made a part hereof
Section 2. This act will take effect immediately.
Approved as to form August 22, 2019
James A. Caruso, Corporation Counsel
ORD76
MEMO IN SUPPORT
This ordinance transfers unused debt proceeds and interest earned on monies associated with
bond anticipation notes (BANs). It is the practice of the City to have debt associated monies
deposited into a separate bank account for each project where the account earns interest. A
municipality is then allowed to use these earnings to offset the cost of future year debt costs.
However the funds may only be used for this purpose.
This ordinance transfers the associated funds to the Debt Service Fund to be used for the 2020
budget. The interest earnings are the accumulation of various BANs over the last several years.
ORD76
Original
Change
Revised
Department
Account No. Description Budget* ( + / - ) Budget
Frear Park Sprinkler H.1000.2401.0607.0000 Interest 0.00 2,515.64 2,515.64
2015 Police Vehicles H.1000.2401.0616.0000 Interest 0.00 116.24 116.24
2014 General Fund Capital Plan H.1000.2401.0608.0000 Interest 0.00 749.61 749.61
South Troy Roadway H.1000.2401.0406.0000 Interest 0.00 11,084.38 11,084.38
Bike Trail H.1000.2401.0411.0000 Interest 0.00 4,169.87 4,169.87
Ingalls Avenue Boat Launch H.1000.2401.0553.0000 Interest 0.00 1,777.46 1,777.46
Spring Avenue Bridge H.1000.2401.0558.0000 Interest 0.00 1,401.07 1,401.07
Pawling Ave Signalization H.1000.2401.0605.0000 Interest 0.00 8.15 8.15
Riverfront North Extension H.1000.2401.0609.0000 Interest 0.00 7,030.74 7,030.74
Seawall H.1000.2401.0612.0000 Interest 0.00 74,927.02 74,927.02
OCA Project H.1000.2401.0613.0000 Interest 0.00 2,263.34 2,263.34
Powers Park Rehabilitation H.1000.2401.0617.0000 Interest 0.00 2,609.64 2,609.64
2017 General Fund Capital Plan H.1000.2401.0626.0000 Interest 0.00 2,144.78 2,144.78
Leonard Hospital Demolition H.1000.2401.0632.0000 Interest 0.00 9,351.91 9,351.91
2019 General Fund Capital Plan - DPW/Rec H.1000.2401.0643.0000 Interest 0.00 971.62 971.62
2019 General Fund Capital Plan - Police H.1000.2401.0644.0000 Interest 0.00 925.94 925.94
2019 General Fund Capital Plan - Fire H.1000.2401.0645.0000 Interest 0.00 182.38 182.38
2019 General Fund Capital Plan - Body Cameras H.1000.2401.0646.0000 Interest 0.00 479.91 479.91
South Troy Pool Renovation H.1000.2401.0647.0000 Interest 0.00 2,386.53 2,386.53
Knickerbacker Ice Rink Replacement H.1000.2401.0648.0000 Interest 0.00 1,055.82 1,055.82
2019 Garbage Fund Capital Plan H.1000.2401.0649.0000 Interest 0.00 681.47 681.47
Knickerbacker Pool Replacement H.1000.2401.0650.0000 Interest 0.00 959.83 959.83
Frear Park Sprinkler H.9950.0998.0607.0000 Interfund Transfer - Debt Service Fund 161,562.85 1,369.08 162,931.93
2015 Police Vehicles H.3120.0202.0616.0000 Vehicles 375,000.00 (5,889.74) 369,110.26
2015 Police Vehicles H.9950.0998.0616.0000 Interfund Transfer - Debt Service Fund 0.00 6,005.98 6,005.98
2014 General Fund Capital Plan H.9950.0998.0608.0000 Interfund Transfer - Debt Service Fund 0.00 80,360.99 80,360.99
2014 General Fund Capital Plan H.1315.0203.0608.0000 Equipment 55,000.00 (55,000.00) 0.00
2014 General Fund Capital Plan H.1640.0202.0608.0000 Vehicles 676,000.00 (242.35) 675,757.65
2014 General Fund Capital Plan H.3410.0202.0608.0000 Vehicles 1,131,000.00 (20,609.73) 1,110,390.27
2014 General Fund Capital Plan H.7150.0202.0608.0000 Vehicles 46,000.00 (3,759.30) 42,240.70
South Troy Roadway H.9950.0998.0406.0000 Interfund Transfer - Debt Service Fund 0.00 11,084.38 11,084.38
Bike Trail H.9950.0998.0411.0000 Interfund Transfer - Debt Service Fund 0.00 4,169.87 4,169.87
Ingalls Avenue Boat Launch H.9950.0998.0553.0000 Interfund Transfer - Debt Service Fund 0.00 1,777.46 1,777.46
Spring Avenue Bridge H.9950.0998.0558.0000 Interfund Transfer - Debt Service Fund 0.00 1,401.07 1,401.07
Pawling Ave Signalization H.9950.0998.0605.0000 Interfund Transfer - Debt Service Fund 0.00 8.15 8.15
Riverfront North Extension H.9950.0998.0609.0000 Interfund Transfer - Debt Service Fund 0.00 7,030.74 7,030.74
Seawall H.9950.0998.0612.0000 Interfund Transfer - Debt Service Fund 0.00 74,927.02 74,927.02
OCA Project H.9950.0998.0613.0000 Interfund Transfer - Debt Service Fund 0.00 2,263.34 2,263.34
Powers Park Rehabilitation H.9950.0998.0617.0000 Interfund Transfer - Debt Service Fund 0.00 2,609.64 2,609.64
2017 General Fund Capital Plan H.9950.0998.0626.0000 Interfund Transfer - Debt Service Fund 0.00 2,144.78 2,144.78
Leonard Hospital Demolition H.9950.0998.0632.0000 Interfund Transfer - Debt Service Fund 0.00 9,351.91 9,351.91
2019 General Fund Capital Plan - DPW/Rec H.9950.0998.0643.0000 Interfund Transfer - Debt Service Fund 0.00 971.62 971.62
2019 General Fund Capital Plan - Police H.9950.0998.0644.0000 Interfund Transfer - Debt Service Fund 0.00 925.94 925.94
2019 General Fund Capital Plan - Fire H.9950.0998.0645.0000 Interfund Transfer - Debt Service Fund 0.00 182.38 182.38
2019 General Fund Capital Plan - Body Cameras H.9950.0998.0646.0000 Interfund Transfer - Debt Service Fund 0.00 479.91 479.91
South Troy Pool Renovation H.9950.0998.0647.0000 Interfund Transfer - Debt Service Fund 0.00 2,386.53 2,386.53
Knickerbacker Ice Rink Replacement H.9950.0998.0648.0000 Interfund Transfer - Debt Service Fund 0.00 1,055.82 1,055.82
2019 Garbage Fund Capital Plan H.9950.0998.0649.0000 Interfund Transfer - Debt Service Fund 0.00 681.47 681.47
Knickerbacker Pool Replacement H.9950.0998.0650.0000 Interfund Transfer - Debt Service Fund 0.00 959.83 959.83
1,146.56
Debt Service Fund V.0000.5031.0000.0000 Interfund Transfers 371,528.47 373,710.76 745,239.23
Debt Service Fund V.9901.0904.0000.0000 General Fund 371,528.47 373,710.76 745,239.23
0.00
Revenues
Expenditures
Net Impact On Debt Service Fund
* Or as previously amended
Net Impact On Capital Projects Fund
September 2019 Budget Amendments – Capital Account Cash Balances
Revenues
Expenditures
Capital Projects Fund
Schedule A
Debt Service Fund
ORD77
ORDINANCE AUTHORIZING THE CITY TO CREATE A CAPITAL PROJECT AND
AMENDING THE CAPITAL PROJECTS FUND AND GENERAL FUND BUDGETS TO
ALLOW FUNDING FOR SAID CAPITAL PROJECT
The City of Troy, convened in City Council, ordains as follows:
Section 1. The establishment of a Capital Project entitled “Mt. Ida Dam
Section 2. The City of Troy 2019 budget is herein amended as set forth in Schedule A
entitled:
September 2019 Budget Amendments – Mt. Ida Dam
which is attached hereto and made a part hereof
Section 3. This act will take effect immediately.
Approved as to form August 22, 2019
James A. Caruso, Corporation Counsel
ORD77
MEMO IN SUPPORT
This ordinance establishes the capital project for the work being at the Mt. Ida Dam. The funding
being provided comes from the General Fund with the intention being to provide initial funding
for the work currently being performed.
ORD77
Original
Change
Revised
Department
Account No. Description Budget* ( + / - ) Budget
Contingency A.1990.0418.0000.0000 Contingency 699,132.69 (250,000.00) 449,132.69
Interfund Transfers A.9950.0900.0000.0000 Interfund Transfers 80,000.00 250,000.00 330,000.00
0.00
Mt. Ida Dam H.0000.5031.0655.0000 Interfund Transfers 0.00 250,000.00 250,000.00
250,000.00
Mt. Ida Dam H.1620.0200.0655.0000 Equipment & Capital Outlay 0.00 250,000.00 250,000.00
250,000.00
0.00
* Or as previously amended
Net Impact On Capital Projects Fund
Revenues
Total Capital Projects Fund Budget Revenue Increase
Expenditures
Total Capital Projects Fund Budget Expenditure Increase
Expenditures
Net Impact On General Fund
September 2019 Budget Amendments – Mt. Ida Dam
Capital Projects Fund
General Fund
Schedule A
ORD78
ORDINANCE AUTHORIZING THE CITY TO CREATE A CAPITAL PROJECT AND
AMENDING THE CAPITAL PROJECTS FUND BUDGET TO ALLOW FUNDING FOR
SAID CAPITAL PROJECT
The City of Troy, convened in City Council, ordains as follows:
Section 1. The establishment of a Capital Project entitled “Siemens Energy Improvements
Section 2. The City of Troy 2019 budget is herein amended as set forth in Schedule A
entitled:
September 2019 Budget Amendments – Siemens Energy Improvements
which is attached hereto and made a part hereof
Section 3. This act will take effect immediately.
Approved as to form August 22, 2019
James A. Caruso, Corporation Counsel
ORD78
MEMO IN SUPPORT
This ordinance authorizes the creations and establishes the project budget for the Siemens project
with the funding being provided from the installment purchase agreement resolution included
within this agenda.
ORD78
Original
Change
Revised
Department
Account No. Description Budget* ( + / - ) Budget
Siemens Energy Improvements H.0000.5785.0656.0000 Installment Purchase Debt 0.00 14,400,000.00 14,400,000.00
14,400,000.00
Siemens Energy Improvements H.1620.0204.0656.0000 Facilities Upgrade / Improvements 0.00 14,400,000.00 14,400,000.00
14,400,000.00
0.00
Schedule A
September 2019 Budget Amendments – Siemens Energy Improvements
* Or as previously amended
Net Impact On Capital Projects Fund
Revenues
Total Capital Projects Fund Budget Revenue Increase
Expenditures
Total Capital Projects Fund Budget Expenditure Increase
ORD79
ORDINANCE AUTHORIZING AND DIRECTING SALES BY
THE PROPOSAL SALE METHOD OF CITY-OWNED REAL PROPERTY
The City of Troy, in City Council convened, ordains as follows:
Section 1. Pursuant to Section 83-8 of the Troy Code, the Bureau of Surplus Property accepted bids at
proposal sale on the hereinafter described properties as outlined below.
Section 2. The Mayor is hereby authorized and directed to sell and convey the hereinafter described real
property to the following named purchasers for the sums below indicated which is hereby
determined to be a fair price for the same without the necessity of competitive bidding and upon
the terms and conditions set forth below.
Section 3. The Mayor is hereby empowered to execute and deliver to the said bidder or bidders a quit claim
deed conveying said premises hereinafter described, but said conveyance is to be made expressly
subject to the conditions hereinafter set forth.
Section 4. The purchasers, purchase prices and terms and conditions of sales are as follows:
Tax Map #
Location
AV
Class
Description
Bidder's Name
Bid
70.80-4-8.2
125th St
$11,000
311
Vacant Land
Khalid Properties
$500.00
80.25-11-10
846 Fourth Ave
$34,000
210
1 Family
Joe Vandenburgh
$100.00
80.25-11-11
848 Fourth Ave
$50,000
449
Other Storage
Joe Vandenburgh
$100.00
80.32-2-6
801 Second Ave
$10,000
311
Vacant Land
Peter Gonzalez
$100.00
80.32-4-13
796 Third Ave
$102,000
220
2 Family
Dennis Del Zotto
$10,000.00
80.40-12-12
686 Third Ave
$82,000
220
2 Family
Dean Stebbins &
Joseph Martin
$5,000.00
80.48-6-2
10-12 118th St
$71,000
220
2 Family
Joycelyn Henderson
$500.00
90.23-10-4
269 Fifth Ave
$14,000
311
Vacant Land
Randplph Apolinaris
$1,000.00
90.46-1-7
83 Second Ave
$22,500
411
Apartment
Akhtar Muhommed
$3,000.00
90.47-4-23
59 Sixth Ave
$8,800
311
Vacant Land
Joycelyn Henderson
$50.00
101.23-1-4
309 Ninth St
$12,000
311
Vacant Land
Unity House of Troy
$9,000.00
101.23-4-2
53 Oakwood Ave
$131,000
220
2 Family
Mary C Bintz
$27,500.00
101.32-5-26
2342 Fifteenth St
$140,000
483
Converted Res
Vartan Jerian Dr
$72,575.00
101.66-1-11
135 Euclid Ave
$13,750
311
Vacant Land
Christopher Kehn
$5,000.00
101.67-4-1
130 Euclid Ave
$11,750
311
Vacant Land
Kimberly Mouawad
$1,000.00
101.67-4-
3,10,12 &
101.74-3-1,4,5
4 Stanford Ave, 134
&138 Euclid Ave, &
Euclid Ave, 142, 146
Euclid Ave
$104,850
311
Vacant Land
Chris Knowles
$6,000.00
101.67-4-5
Stanford Ave
$17,250
311
Vacant Land
Joseph Plouffe
$500.00
101.69-13-9
Havermans Ave
$9,200
311
Vacant Land
Christopher Caulfield
$500.00
101.74-2-1
137 Euclid Ave
$13,750
311
Vacant Land
Christopher Kehn
$5,000.00
101.74-2-9
139 Euclid Ave
$13,750
311
Vacant Land
Joshua & Meghan
LaBarge
$6,000.00
ORD79
111.36-4-4
364 Third St
$87,000
220
2 Family
Rebecca & Ori Anavim
$38,000.00
111.60-2-1
31 S River St
$71,000
210
1 Family
Anastasia Lewitinn
$2,300.00
112.29-2-13
412 Fourth St
$25,000
220
2 Family
525 Second St LLC
$100.00
112.45-10-1&2
5 Francis St &
Mansion St
$83,500
210/3
11
1 Family/Vacant
Land
CCNY Fund LLC
$8,500.00
112.45-11-8
63 Oak St
$158,000
210
1 Family
Hana Vanderkolk &
Daniel Lander
$15,000.00
112.59-5-15.1
Desson Ave
$12,000
311
Vacant Land
Nicholas Teta
$1,000.00
112.71-3-28
23 Ballina St
$169,000
210
1 Family
Muddy Cowboy LLC
$130,000.00
112.84-4-2
770 Pawling Ave
$300,000
425
Bar
Dominic Fruscio
$10,000.00
122.28-1-14
225 Stow Ave
$59,500
220
2 Family
51 Campbell Ave LLC
$7,500.00
Land Bank:
90.47-4-41
54 Fifth Ave
$75,000
220
2 Family
Land Bank
90.62-3-9
3229 Sixth Ave
$60,000
220
2 Family
Land Bank
90.63-2-4
7 Park Ave
$60,000
220
2 Family
Land Bank
101.38-3-13.1
2263 Old Sixth Ave
$73,000
230
3 Family
Land Bank
101.38-3-28
2217-2219 Old Sixth
Ave
139000 & $6300
Land
230
3 Family
Land Bank
101.61-7-14
103 Ferry St
$87,000
220
2 Family
Land Bank
112.38-3-20
24 McClelland Ave
$139,000
210
1 Family
Land Bank
TERMS AND CONDITIONS: Properties will be conveyed to the prospective purchasers by Quit Claim
Deed and be subject to any easement or restriction of record. Further;
Purchaser shall be liable for and pay all closing costs related to this sale including, but not limited to: filing
fees, deed stamps, survey, title report, environmental reports & cleanup and attorneys fees.
Section 5. This Ordinance shall take effect immediately.
Approved as to form, August 22, 2019
____________________________________
James A. Caruso Esq., Corporation Counsel
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ORD80
ORDINANCE TRANSFERRING FUNDS WITHIN
THE 2019 GENERAL FUND BUDGET
The City of Troy, convened in City Council, ordains as follows:
Section 1. The City of Troy 2019 budget is herein amended as set forth in Schedule A
entitled:
September 2019 Budget Transfer(s) – General Fund
which is attached hereto and made a part hereof
Section 2. This act will take effect immediately.
Approved as to form August 15, 2019
James A. Caruso, Corporation Counsel
ORD80
MEMO IN SUPPORT
Throughout the fiscal year the Comptroller’s Office works with all departments within the City
for necessary budget transfers within the General Fund in the 2019 fiscal year. This ordinance
transfers funds within the 2019 General Fund Budget for the following reason(s). Please note
that the number indicated below references to the name as indicated in the “Reference” column
on the Schedule attached hereto.
1. A transfer of $3,000 within the Mayor’s Office budget to fund Temporary Salaries for
when employee(s) are out of the office or vacant positions.
2. A transfer to correct the account code for Dental Insurance for retirees.
3. A transfer from the Fire Department Overtime account to Facilities
Upgrade/Improvements to fund various improvements at City firehouses.
4. A transfer from like CDPHP health insurance accounts to reflect current enrollment
between active and retired employees.
5. A transfer from Clothing Allowance to Uniforms in the Police Department to reflect
those who elected to take a uniform voucher rather than clothing allowance.
6. A transfer from Permanent Salaries to Other Material & Supplies within the BIS
department to fund the purchase of various items. The money being transferred is
anticipated salary savings from a vacant position.
7. A transfer within the Assessor’s Office for dues the City has paid for.
8. A transfer within the Treasurer’s Office for Printing & Advertising due to the purchase of
additional parking tickets.
9. A transfer within administrative costs for the City’s Workers Compensation program.
10. A transfer from Contingency for the following purpose(s):
a. $40,000 for the costs related to Bond & Note expense due to the costs related to
the City’s bond anticipation notes (BANs), serial bonds, installment purchase
agreement and conversion from BANs to serial bonds that have occurred in the
2019 fiscal year.
b. $9,000 for the City’s Insurance costs caused by changes to the City’s insurance
coverage in 2019.
c. $750 for costs related to the payment of taxes to other municipalities for parcels
owned that are subject to property tax.
ORD80
Original
Change
Revised
Department
Account No. Description Budget* ( + / - ) Budget Reference
Mayor's Office A.1210.0101.0000.0000 Permanent Salaries 266,014.00 (3,500.00) 262,514.00 1
Mayor's Office A.1210.0102.0000.0000 Temporary Salaries 0.00 3,500.00 3,500.00 1
Retiree - Dental Insurance A.9065.0805.0016.0000 Dental 224,113.00 (224,113.00) 0.00 2
Retiree - Dental Insurance A.9065.0815.0000.0000 Dental 0.00 224,113.00 224,113.00 2
Fire Department A.3410.0103.0000.0000 Overtime 850,000.00 (80,000.00) 770,000.00 3
Fire Department A.3410.0204.0000.0000 Facilities Upgrade/Improvements 0.00 80,000.00 80,000.00 3
Police Department A.3120.0805.0029.0000 Health Care - CDPHP 34,215.00 2,142.00 36,357.00 4
Retiree - Health Insurance A.9060.0805.0029.0000 Health Care - CDPHP 73,317.00 (2,142.00) 71,175.00 4
Police Department A.3120.0107.0000.0000 Clothing Allowance 102,000.00 (20,000.00) 82,000.00 5
Police Department A.3120.0423.0000.0000 Uniforms 69,539.00 20,000.00 89,539.00 5
BIS A.1680.0101.0000.0000 Permanent Salaries 34,341.00 (13,000.00) 21,341.00 6
BIS A.1680.0303.0000.0000 Other Material & Supplies 38,385.00 13,000.00 51,385.00 6
Assessor's Office A.1355.0408.0000.0000 Dues & Subscriptions 500.00 2,000.00 2,500.00 7
Assessor's Office A.1355.0409.0078.0000 Consultant Services 50,000.00 (2,000.00) 48,000.00 7
Treasurer's Office A.1325.0403.0000.0000 Printing & Advertising 7,000.00 2,000.00 9,000.00 8
Treasurer's Office A.1325.0402.0000.0000 Postage 22,500.00 (2,000.00) 20,500.00 8
Health Insurance / Workers Compensation Admin A.1710.0409.0060.0000 Workers Compensation Administration 41,040.00 1,100.00 42,140.00 9
Health Insurance / Workers Compensation Admin A.1710.0409.0092.0000 Workers Compensation Assessments Fees 69,920.00 (1,100.00) 68,820.00 9
Corporation Counsel A.1420.0409.0003.0000 Bond & Note Expense 60,000.00 40,000.00 100,000.00 10
Insurance A.1910.0406.0000.0000 Insurance 322,724.00 9,000.00 331,724.00 10
Taxes On Property A.1950.0413.0000.0000 Taxes On Property 10,000.00 750.00 10,750.00 10
Contingency A.1990.0418.0000.0000 Contingency 699,132.69 (49,750.00) 649,382.69 10
0.00
Schedule A
September 2019 Budget Transfer(s) – General Fund
* Or as previously amended
Net Impact On General Fund
Res. 50
RESOLUTION DETERMINING THAT PROPOSED UNLISTED ACTION SHALL
HAVE NO SIGNIFICANT ADVERSE IMPACTS ON THE ENVIRONMENT
WHEREAS, the City Council of the City of Troy, New York (the “City”) is considering
undertaking the lease of the Scolite Parcel located on Madison Street, East of the Hudson River
and South of the Poestenkill; and
WHEREAS, pursuant to the New York State Environmental Quality Review Act (the
“SEQR Act”) and the regulations adopted pursuant thereto by the Department of Environmental
Conservation of the State of New York, being 6 NYCRR Part 617, as amended (the
“Regulations”), the City desires to comply with the SEQR Act and the Regulations with respect
to the Project;
NOW, THEREFORE, BE IT RESOLVED BY THE MEMBERS OF THE CITY
COUNCIL OF THE CITY OF TROY, NEW YORK AS FOLLOWS:
1. The lease constitutes an “Unlisted Action” under 6 NYCRR § 617
2. A Long Environmental Assessment form has been completed and reviewed and it
is the determination of the City Council that the action will have no significant adverse impacts
on the environment.
The foregoing Resolution was thereupon declared duly adopted.
Approved as to form, August 1, 2019.
___________________________________
James A. Caruso, Esq., Corporation Counsel
Page 1 of 10
Full Environmental Assessment Form
Part 2 - Identification of Potential Project Impacts
Part 2 is to be completed by the lead agency. Part 2 is designed to help the lead agency inventory all potential resources that could
be affected by a proposed project or action. We recognize that the lead agency=s reviewer(s) will not necessarily be environmental
professionals. So, the questions are designed to walk a reviewer through the assessment process by providing a series of questions that
can be answered using the information found in Part 1. To further assist the lead agency in completing Part 2, the form identifies the
most relevant questions in Part 1 that will provide the information needed to answer the Part 2 question. When Part 2 is completed, the
lead agency will have identified the relevant environmental areas that may be impacted by the proposed activity.
If the lead agency is a state agency and the action is in any Coastal Area, complete the Coastal Assessment Form before proceeding
with this assessment.
Tips for completing Part 2:
Review all of the information provided in Part 1.
Review any application, maps, supporting materials and the Full EAF Workbook.
Answer each of the 18 questions in Part 2.
If you answer “Yes” to a numbered question, please complete all the questions that follow in that section.
If you answer “No” to a numbered question, move on to the next numbered question.
Check appropriate column to indicate the anticipated size of the impact.
Proposed projects that would exceed a numeric threshold contained in a question should result in the reviewing agency
checking the box “Moderate to large impact may occur.”
The reviewer is not expected to be an expert in environmental analysis.
If you are not sure or undecided about the size of an impact, it may help to review the sub-questions for the general
question and consult the workbook.
When answering a question consider all components of the proposed activity, that is, the Awhole action@.
Consider the possibility for long-term and cumulative impacts as well as direct impacts.
Answer the question in a reasonable manner considering the scale and context of the project.
1. Impact on Land
Proposed action may involve construction on, or physical alteration of, NO YES
the land surface of the proposed site. (See Part 1. D.1)
If “Yes”, answer questions a - j. If “No”, move on to Section 2.
Relevant
Part I
Question(s)
No, or
small
impa
ct
may occur
Moderate
to large
impact may
occur
a. The proposed actio
n may involve construction on land where depth to water table is
less than 3 feet.
E2d
9
9
b. The proposed acti
on may involve construction on slopes of 15% or greater.
E2f
9
9
c. The proposed actio
n may involve construction on land where bedrock is exposed, or
generally within 5 feet of existing ground surface.
E2a
9
9
d. The proposed acti
on may involve the excavation and removal of more than 1,000 tons
of natural material.
D2a
9
9
e. The proposed actio
n may involve construction that continues for more than one year
or in multiple phases.
D1e
9
9
f. The proposed action may result in increased e
rosion, whether from physical
disturbance or vegetation removal (including from treatment by herbicides).
D2e, D2q
9
9
g. The proposed action is, or may b
e, located within a Coastal Erosion hazard area.
B1i
9
9
h. Other impacts: ____
___________________________________________________
___________________________________________________________________
9
9
Agency Use Only [If applicable]
Project :
Date :
FEAF 2019
Page 2 of 10
2. Impact on Geological Features
The proposed action may result in the modification or destruction of, or inhibit
access to, any unique or unusual land forms on the site (e.g., cliffs, dunes, NO YES
minerals, fossils, caves). (See Part 1. E.2.g)
If “Yes”, answer questions a - c. If “No”, move on to Section 3.
Relevant
Part I
Question(s)
No, or
small
impact
may occur
Moderate
to large
impact may
occur
a. Identify the
specific land form(s) attached: ________________________________
___________________________________________________________________
E2g
9 9
b. The pro
posed action may affect or is adjacent to a geological feature listed as a
registered National Natural Landmark.
Specific feature: _____________________________________________________
E3c
9
9
c. Other
impacts: ______________________________________________________
___________________________________________________________________
9
9
3. Impacts on Surface Water
The proposed action may affect one or more wetlands or other surface water NO YES
bodies (e.g., streams, rivers, ponds or lakes). (See Part 1. D.2, E.2.h)
If “Yes”, answer questions a - l. If “No”, move on to Section 4.
Relevant
Part I
Question(s)
No, or
small
impact
may occur
Moderate
to large
impact may
occur
a. The proposed action may create a new water body.
D2b, D1h
9
9
b. The proposed
action may result in an increase or decrease of over 10% or more than a
10 acre increase or decrease in the surface area of any body of water.
D2b
9
9
c. The pro
posed action may involve dredging more than 100 cubic yards of material
from a wetland or water body.
D2a
9
9
d. The proposed
action may involve construction within or adjoining a freshwater or
tidal wetland, or in the bed or banks of any other water body.
E2h
9
9
e. The proposed
action may create turbidity in a waterbody, either from upland erosion,
runoff or by disturbing bottom sediments.
D2a, D2h
9
9
f. The proposed
action may include construction of one or more intake(s) for withdrawal
of water from surface water.
D2c
9
9
g. The pro
posed action may include construction of one or more outfall(s) for discharge
of wastewater to surface water(s).
D2d
9
9
h. The pro
posed action may cause soil erosion, or otherwise create a source of
stormwater discharge that may lead to siltation or other degradation of receiving
water bodies.
D2e
9
9
i. The proposed action m
ay affect the water quality of any water bodies within or
downstream of the site of the proposed action.
E2h
9
9
j. The propo
sed action may involve the application of pesticides or herbicides in or
around any water body.
D2q, E2h
9
9
k. The proposed action may require the construction of new, or expansion of existing,
wastewater treatment facilities.
D1a, D2d
9
9
Page 3 of 10
l. Other impacts: _____
__________________________________________________
___________________________________________________________________
9
9
4. Impact on groundwater
The proposed action may result in new or additional use of ground water, or NO YES
may have the potential to introduce contaminants to ground water or an aquifer.
(See Part 1. D.2.a, D.2.c, D.2.d, D.2.p, D.2.q, D.2.t)
If “Yes”, answer questions a - h. If “No”, move on to Section 5.
Relevant
Part I
Question(s)
No, or
small
impact
may occur
Moderate
to large
impact may
occur
a. The proposed act
ion may require new water supply wells, or create additional demand
on supplies from existing water supply wells.
D2c
9
9
b. Water supply demand from the proposed ac
tion may exceed safe and sustainable
withdrawal capacity rate of the local supply or aquifer.
Cite Source: ________________________________________________________
D2c
9
9
c. The proposed action may allow or result in residential uses in areas without water and
sewer services.
D1a, D2c
9
9
d. The proposed action m
ay include or require wastewater discharged to groundwater.
D2d, E2l
9 9
e. The propos
ed action may result in the construction of water supply wells in locations
where groundwater is, or is suspected to be, contaminated.
D2c, E1f,
E1g, E1h
9
9
f. The propo
sed action may require the bulk storage of petroleum or chemical products
over ground water or an aquifer.
D2p, E2l
9
9
g. The proposed action m
ay involve the commercial application of pesticides within 100
feet of potable drinking water or irrigation sources.
E2h, D2q,
E2l, D2c
9
9
h. Other impacts: _
_____________________________________________________
__________________________________________________________________
9
9
5. Impact on Flooding
The proposed action may result in development on lands subject to flooding. NO YES
(See Part 1. E.2)
If “Yes”, answer questions a - g. If “No”, move on to Section 6.
Relevant
Part I
Question(s)
No, or
small
impact
may occur
Moderate
to large
impact may
occur
a. The proposed act
ion may result in development in a designated floodway.
E2i
9
9
b. The proposed action ma
y result in development within a 100 year floodplain.
E2j
9
9
c. The propos
ed action may result in development within a 500 year floodplain.
E2k
9
9
d. The propose
d action may result in, or require, modification of existing drainage
patterns.
D2b, D2e
9
9
e. The proposed act
ion may change flood water flows that contribute to flooding.
D2b, E2i,
E2j, E2k
9
9
f.
If there is a dam located on the site of the proposed action, is the dam in need of repair,
or upgrade?
E1e
9
9
Page 4 of 10
g. Other impacts: ______________________________________________________
___________________________________________________________________
9
9
6. Impacts on Air
NO YES The proposed action may include a state regulated air emission source.
(See Part 1. D.2.f., D.2.h, D.2.g)
If “Yes”, answer questions a - f. If “No”, move on to Section 7.
Relevant
Part I
Question(s)
No, or
small
impact
may occur
Moderate
to large
impact may
occur
a. If the proposed action requires federal or state air emission permits, the action ma
y
also emit one or more greenhouse gases at or above the following levels:
i. More than 1000 tons/year of carbon dioxide (CO
2
)
ii. More than 3.5 tons/year of nitrous oxide (N
2
O)
iii. More than 1000 tons/year of carbon equivalent of perfluorocarbons (PFCs)
iv. More than .045 tons/year of sulfur hexafluoride (SF
6
)
v. More than 1000 tons/year of carbon dioxide equivalent of
hydrochloroflourocarbons (HFCs) emissions
vi. 43 tons/year or more of methane
D2g
D2g
D2g
D2g
D2g
D2h
9
9
9
9
9
9
9
9
9
9
9
9
b. The proposed action may ge
nerate 10 tons/year or more of any one designated
hazardous air pollutant, or 25 tons/year or more of any combination of such hazardous
air pollutants.
D2g
9
9
c. The proposed action may require a state air registration, or may produce an emissions
rate of total contaminants that may exceed 5 lbs. per hour, or may include a heat
source capable of producing more than 10 million BTU=s per hour.
D2f, D2g
9
9
d.
The proposed action may reach 50% of any of the thresholds in “a” through “c”,
above.
D2g
9
9
e. The proposed action m
ay result in the combustion or thermal treatment of more than 1
ton of refuse per hour.
D2s
9
9
f. Other impacts: ________
______________________________________________
__________________________________________________________________
9
9
7. Impact on Plants and Animals
The proposed action may result in a loss of flora or fauna. (See Part 1. E.2. m.-q.) NO YES
If “Yes”, answer questions a - j. If “No”, move on to Section 8.
Relevant
Part I
Question(s)
No, or
small
impact
may occur
Moderate
to large
impact may
occur
a. The proposed actio
n may cause reduction in population or loss of individuals of any
threatened or endangered species, as listed by New York State or the Federal
government, that use the site, or are found on, over, or near the site.
E2o
9
9
b. The proposed action m
ay result in a reduction or degradation of any habitat used by
any rare, threatened or endangered species, as listed by New York State or the federal
government.
E2o
9
9
c. The proposed action m
ay cause reduction in population, or loss of individuals, of any
species of special concern or conservation need, as listed by New York State or the
Federal government, that use the site, or are found on, over, or near the site.
E2p
9
9
d. The proposed action m
ay result in a reduction or degradation of any habitat used by
any species of special concern and conservation need, as listed by New York State or
the Federal government.
E2p
9
9
Page 5 of 10
e. The prop
osed action may diminish the capacity of a registered National Natural
Landmark to support the biological community it was established to protect.
E3c
9
9
f. The pr
oposed action may result in the removal of, or ground disturbance in, any
portion of a designated significant natural community.
Source: ____________________________________________________________
E2n
9
9
g. The proposed action may substantially interfere with nesting/breeding, foraging, or
over-wintering habitat for the predominant species that occupy or use the project site.
E2m
9
9
h. The propo
sed action requires the conversion of more than 10 acres of forest,
grassland or any other regionally or locally important habitat.
Habitat type & information source: ______________________________________
__________________________________________________________________
E1b
9
9
i. Proposed
action (commercial, industrial or recreational projects, only) involves use of
herbicides or pesticides.
D2q
9
9
j. Othe
r impacts: ______________________________________________________
__________________________________________________________________
9
9
8. Impact on Agricultural Resources
The proposed action may impact agricultural resources. (See Part 1. E.3.a. and b.) NO YES
If “Yes”, answer questions a - h. If “No”, move on to Section 9.
Relevant
Part I
Questi
on(s)
No, or
small
impact
may occur
Moderate
to large
impact may
occur
a. The proposed action may impact soil classified within soil group 1 through 4 of the
NYS Land Classification System.
E2c, E3b
9 9
b. The proposed action may sever, cross
or otherwise limit access to agricultural land
(includes cropland, hayfields, pasture, vineyard, orchard, etc).
E1a, Elb
9
9
c. The prop
osed action may result in the excavation or compaction of the soil profile of
active agricultural land.
E3b
9
9
d. The pro
posed action may irreversibly convert agricultural land to non-agricultural
uses, either more than 2.5 acres if located in an Agricultural District, or more than 10
acres if not within an Agricultural District.
E1b, E3a
9
9
e. The pro
posed action may disrupt or prevent installation of an agricultural land
management system.
El a, E1b
9
9
f. The proposed action
may result, directly or indirectly, in increased development
potential or pressure on farmland.
C2c, C3,
D2c, D2d
9
9
g. The pro
posed project is not consistent with the adopted municipal Farmland
Protection Plan.
C2c
9
9
h. Othe
r impacts: ________________________________________________________
9
9
Page 6 of 10
9. Impact on Aesthetic Resources
The land use of the proposed action are obviously different from, or are in NO YES
sharp contrast to, current land use patterns between the proposed project and
a scenic or aesthetic resource. (Part 1. E.1.a, E.1.b, E.3.h.)
If “Yes”, answer questions a - g. If “No”, go to Section 10.
Relevant
Part I
Question(s)
No, or
small
impact
may occur
Moderate
to large
impact may
occur
a. Proposed
action may be visible from any officially designated federal, state, or local
scenic or aesthetic resource.
E3h
9
9
b. The proposed action
may result in the obstruction, elimination or significant
screening of one or more officially designated scenic views.
E3h, C2b
9
9
c. The proposed action m
ay be visible from publicly accessible vantage points:
i. Seasonally (e.g., screened by summer foliage, but visible during other seasons)
ii. Year round
E3h
9
9
9
9
d. The situat
ion or activity in which viewers are engaged while viewing the proposed
action is:
i. Routine travel by residents, including travel to and from work
ii. Recreational or tourism based activities
E3h
E2q,
E1c
9
9
9
9
e. The propose
d action may cause a diminishment of the public enjoyment and
appreciation of the designated aesthetic resource.
E3h
9
9
f. There are similar projects
visible within the following distance of the proposed
project:
0-1/2 mile
½ -3 mile
3-5 mile
5+ mile
D1a, E1a,
D1f, D1g
9
9
g. Other
impacts: ______________________________________________________
__________________________________________________________________
9
9
10. Impact on Historic and Archeological Resources
The proposed action may occur in or adjacent to a historic or archaeological NO YES
resource. (Part 1. E.3.e, f. and g.)
If “Yes”, answer questions a - e. If “No”, go to Section 11.
Relevant
Part I
Question(s)
No, or
small
impact
may occur
Moderate
to large
impact may
occur
E3e
9
9
b. The propo
sed action may occur wholly or partially within, or substantially contiguous
to, an area designated as sensitive for archaeological sites on the NY State Historic
Preservation Office (SHPO) archaeological site inventory.
E3f
9
9
c. The propose
d action may occur wholly or partially within, or substantially contiguous
to, an archaeological site not included on the NY SHPO inventory.
Source: ____________________________________________________________
E3g
9
9
a. The proposed action may occur wholly or partially within, or substantially contiguous
to, any buildings, archaeological site or district which is listed on the National or
State Register of
Historical Places, or that has been determined by the Commissioner
of the NYS Office of Parks, Recreation and Historic Preservation to be eligible for
listing on the State Register of Historic Places.
Page 7 of 10
d. Other impacts: _
_____________________________________________________
__________________________________________________________________
9
9
e.
If any of the above (a-d) are answeredModerate to large impact may
occur”, continue with
the following questions to
hel
p
s
upport conclusions in Part 3:
i. The proposed action may result in the destruction or alteration of all or part
of the site or property.
ii. The proposed action may result in the alteration of the property’s setting or
integrity.
iii. The proposed action may result in the introduction of visual elements which
are out of character with the site or property, or may alter its setting.
E3e, E3g,
E3f
E3e, E3f,
E3g, E1a,
E1b
E3e, E3f,
E3g, E3h,
C2, C3
9
9
9
9
9
9
11. Impact on Open Space and Recreation
The proposed action may result in a loss of recreational opportunities or a NO YES
reduction of an open space resource as designated in any adopted
municipal open space plan.
(See Part 1. C.2.c, E.1.c., E.2.q.)
If “Yes”, answer questions a - e. If “No”, go to Section 12.
Relevant
Part I
Question(s)
No, or
small
impact
may occur
Moderate
to large
impact may
occur
a. The proposed acti
on may result in an impairment of natural functions, or “ecosystem
services”, provided by an undeveloped area, including but not limited to stormwater
storage, nutrient cycling, wildlife habitat.
D2e, E1b
E2h,
E2m, E2o,
E2n, E2p
9
9
b. The proposed action may resu
lt in the loss of a current or future recreational resource.
C2a, E1c,
C2c, E2q
9
9
c. The proposed action may eliminate ope
n space or recreational resource in an area
with few such resources.
C2a, C2c
E1c, E2q
9
9
d. The proposed action may resu
lt in loss of an area now used informally by the
community as an open space resource.
C2c, E1c
9
9
e. Other impacts: ____
_________________________________________________
_________________________________________________________________
9
9
12. Impact on Critical Environmental Areas
The proposed action may be located within or adjacent to a critical NO YES
environmental area (CEA). (See Part 1. E.3.d)
If “Yes”, answer questions a - c. If “No”, go to Section 13.
Relevant
Part I
Question(s)
No, or
small
impact
may occur
Moderate
to large
impact may
occur
a. The proposed
action may result in a reduction in the quantity of the resource or
characteristic which was the basis for designation of the CEA.
E3d
9
9
b. The proposed action may resu
lt in a reduction in the quality of the resource or
characteristic which was the basis for designation of the CEA.
E3d
9
9
c. Other impacts: _
_____________________________________________________
__________________________________________________________________
9
9
Page 8 of 10
13. Impact on Transportation
The proposed action may result in a change to existing transportation systems. NO YES
(See Part 1. D.2.j)
If “Yes”, answer questions a - f. If “No”, go to Section 14.
Relevant
Part I
Question(s)
No, or
small
impact
may occur
Moderate
to large
impact may
occur
a. Projected traffic increase may exceed capacity of existing road network.
D2j
9
9
b. The propose
d action may result in the construction of paved parking area for 500 or
more vehicles.
D2j
9
9
c. The proposed action will degrade ex
isting transit access.
D2j
9
9
d. The proposed action will degrade ex
isting pedestrian or bicycle accommodations.
D2j
9
9
e.
The proposed action may alter the present pattern of movement of people or goods.
D2j
9
9
f. Other impacts: ______________________________________________________
__________________________________________________________________
9
9
14. Impact on Energy
The proposed action may cause an increase in the use of any form of energy. NO YES
(See Part 1. D.2.k)
If “Yes”, answer questions a - e. If “No”, go to Section 15.
Relevant
Part I
Question(s)
No, or
small
impact
may occur
Moderate
to large
impact may
occur
a. The proposed action will require a new, or an upgrade to an existing, substation. D2k
9 9
b. The proposed action will require the creation or extension of an energy transmission
or supply system to serve more than 50 single or two-family residences or to serve a
commercial or industrial use.
D1f,
D1q, D2k
9 9
c. The propos
ed action may utilize more than 2,500 MWhrs per year of electricity.
D2k
9
9
d. The proposed action m
ay involve heating and/or cooling of more than 100,000 square
feet of building area when completed.
D1g
9
9
e. Other Impacts: ________________________________________________________
____________________________________________________________________
15. Impact on Noise, Odor, and Light
The proposed action may result in an increase in noise, odors, or outdoor lighting. NO YES
(See Part 1. D.2.m., n., and o.)
If “Yes”, answer questions a - f. If “No”, go to Section 16.
Relevant
Part I
Question(s)
No, or
small
impact
may occur
Moderate
to large
impact may
occur
a. The proposed action may produce sound above noise levels established by local
regulation.
D2m
9
9
b. The proposed action ma
y result in blasting within 1,500 feet of any residence,
hospital, school, licensed day care center, or nursing home.
D2m, E1d
9
9
c. The proposed action may result in routine odors for more than one hour per day. D2o
9
9
Page 9 of 10
d. The proposed action m
ay result in light shining onto adjoining properties.
D2n
9
9
e. The propo
sed action may result in lighting creating sky-glow brighter than existing
area conditions.
D2n, E1a
9
9
f. Other im
pacts: ______________________________________________________
__________________________________________________________________
9
9
16. Impact on Human Health
The proposed action may have an impact on human health from exposure NO YES
to new or existing sources of contaminants. (See Part 1.D.2.q., E.1. d. f. g. and h.)
If “Yes”, answer questions a - m. If “No”, go to Section 17.
Relevant
Part I
Question(s)
No,or
small
impact
may cccur
Moderate
to large
impact may
occur
a. The proposed action is located within 1500 feet of a school, hospital, licensed day
care center, group home, nursing home or retirement community.
E1d
9 9
b. The site of t
he proposed action is currently undergoing remediation.
E1g, E1h
9
9
c. There is a completed emerg
ency spill remediation, or a completed environmental site
remediation on, or adjacent to, the site of the proposed action.
E1g, E1h
9
9
d.
The site of the action is subject to an institutional control limiting the use of the
property (e.g., easement or deed
restriction).
E1g, E1h
9
9
e. The proposed action may affect institutional control measures that
were put in place
to ensure that the site remains protective of the environment and human health.
E1g, E1h
9
9
f. The proposed action has ad
equate control measures in place to ensure that future
generation, treatment and/or disposal of hazardous wastes will be protective of the
environment and human health.
D2t
9
9
g. The propo
sed action involves construction or modification of a solid waste
management facility.
D2q, E1f
9
9
h. The proposed action may result in th
e unearthing of solid or hazardous waste.
D2q, E1f
9
9
i. The proposed action may resu
lt in an increase in the rate of disposal, or processing, of
solid waste.
D2r, D2s
9
9
j. The propo
sed action may result in excavation or other disturbance within 2000 feet of
a site used for the disposal of solid or hazardous waste.
E1f, E1g
E1h
9
9
k. The proposed action m
ay result in the migration of explosive gases from a landfill
site to adjacent off site structures.
E1f, E1g
9
9
l. The proposed action may resu
lt in the release of contaminated leachate from the
project site.
D2s, E1f,
D2r
9
9
m. Other impacts: _
_____________________________________________________
__________________________________________________________________
Page 10 of 10
17. Consistency with Community Plans
The proposed action is not consistent with adopted land use plans. NO YES
(See Part 1. C.1, C.2. and C.3.)
If “Yes”, answer questions a - h. If “No”, go to Section 18.
Relevant
Part I
Question(s)
No, or
small
impact
may occur
Moderate
to large
impact may
occur
a. The proposed action’s land use components may be different from, or in sharp
contrast to, current surrounding land use pattern(s).
C2, C3, D1a
E1a, E1b
9
9
b. The proposed action will cause the permanent population of the city, town or village
in which the project is located to grow by more than 5%.
C2
9
9
c. The proposed action is inconsistent with local land use plans or zoning regulations.
C2, C2, C3
9
9
d. The proposed action is inconsistent with any County plans, or other regional land use
plans.
C2, C2
9
9
e. The proposed action may cause a change in the density of development that is not
supported by existing infrastructure or is distant from existing infrastructure.
C3, D1c,
D1d, D1f,
D1d, Elb
9
9
f. The proposed action is located in an area characterized by low density development
that will require new or expanded public infrastructure.
C4, D2c, D2d
D2j
9
9
g. The proposed action may induce secondary development impacts (e.g., residential or
commercial development not included in the proposed action)
C2a
9 9
h. Other: _____________________________________________________________
__________________________________________________________________
9
9
18. Consistency with Community Character
The proposed project is inconsistent with the existing community character. NO YES
(See Part 1. C.2, C.3, D.2, E.3)
If “Yes”, answer questions a - g. If “No”, proceed to Part 3.
Relevant
Part I
Question(s)
No, or
small
impact
may occur
Moderate
to large
impact may
occur
a. The proposed action may replace or eliminate existing facilities, structures, or areas
of historic importance to the community.
E3e, E3f, E3g
9
9
b. The proposed action may create a demand for additional community services (e.g.
schools, police and fire)
C4
9
9
c. The proposed action may displace affordable or low-income housing in an area where
there is a shortage of such housing.
C2, C3, D1f
D1g, E1a
9
9
d. The proposed action may interfere with the use or enjoyment of officially recognized
or designated public resources.
C2, E3
9
9
e. The proposed action is inconsistent with the predominant architectural scale and
character.
C2, C3
9
9
f. Proposed action is inconsistent with the character of the existing natural landscape.
C2, C3
E1a, E1b
E2g, E2h
9
9
g. Other impacts: ______________________________________________________
__________________________________________________________________
9
9
PRINT FULL FORM
RES58
3396113.1
RESOLUTION CLASSIFYING ACTION TO UNDERTAKE A CERTAIN PROJECT
AS A TYPE II ACTION NOT SUBJECT TO SEQR REVIEW
WHEREAS, the City of Troy (the "City") desires to enter into one or more
lease/purchase agreements to finance the cost of certain energy conservation measures at various
City facilities, including equipment, capital improvements, repairs, maintenance and other
services to improve the energy efficiency of City street lights, the Police Station, Courthouse,
Fifth Avenue and State Street Parking Garages, fire stations, and DPW buildings (the “Project”);
and
WHEREAS, pursuant to Article 8 of the Environmental Conservation Law, as amended
(the "SEQR Act") and the regulations adopted pursuant thereto by the Department of
Environmental Conservation of the State of New York, being 6 NYCRR Part 617, as amended
(the "Regulations"), the City desires to comply with the SEQR Act and the Regulations with
respect to the Project;
NOW, THEREFORE, BE IT RESOLVED by the members of the City Council of the
City of Troy, New York as follows:
1. The Project constitutes a "Type II Action" as defined in Regulation 6 NYCRR
617.5(c)(2) and no further action under the SEQR Act and the Regulations is
required.
2. This resolution shall take effect immediately.
Approved as to form, August 22, 2019
____________________________________
James A. Caruso Esq., Corporation Counsel
RES58
MEMO IN SUPPORT
This resolution is the SEQRA for the Siemens Energy Improvement Project within the City. Due
to these improvements being made on existing infrastructure the project has been deemed to be a
Type II action and not subject to review.
RES59
RESOLUTION OF THE CITY OF TROY, NEW YORK AUTHORIZING THE
NEGOTIATION, EXECUTION AND DELIVERY OF ENERGY PERFORMANCE
CONTRACTS AND RELATED LEASE/PURCHASE AGREEMENTS WITH SIEMENS
INDUSTRY, INC. BUILDING TECHNOLOGIES DIVISION FOR CONVERSION OF
STREET LIGHTS TO LED AND FOR ENERGY SAVINGS IMPROVEMENTS
TO CITY-OWNED BUILDINGS
WHEREAS, Article 9 of the New York Energy Law (the "Energy Law") authorizes
municipalities and school districts to enter into contracts ("Energy Performance Contracts") for
the provision of energy services, including but not limited to, electricity, heating, ventilation,
cooling, steam or hot water, in which a person agrees to install, maintain or manage energy
systems or equipment to improve the energy efficiency of, or produce energy in connection with,
a building or facility in exchange for a portion of the energy savings or revenues; and
WHEREAS, the City of Troy (the "City") issued a Request for Proposals for an Energy
Performance Contract for the conversion of City street lights to LED and for energy saving
improvements to various City-owned buildings and facilities; and
WHEREAS, based on the City's evaluation of proposals, Siemens Industry, Inc. Building
Technologies Division ("Siemens") was selected to develop and implement a performance-based
energy savings and operations plan; and
WHEREAS, Siemens has provided the City with an Investment Grade Energy Audit
dated April 29, 2018, a project overview dated July 2, 2019, and a final pro-forma of the
estimated energy savings dated July 18, 2019 (collectively, the “Energy Audit Report”) which
set forth plans for street light conversions, City building improvements and retrofits, energy
savings estimates and proposed financing plans; and
WHEREAS, by resolution adopted August 2, 2019, the City Council authorized the
execution of a certain Performance Contracting Agreement (the “Performance Contracting
Agreement”) with Siemens, pursuant to which Siemens will provide equipment, capital
improvements, repairs, maintenance and other services to improve the energy efficiency of City
street lights, the Police Station, Courthouse, Fifth Avenue and State Street Parking Garages, fire
stations, and DPW buildings; and
WHEREAS, the City now intends to authorize the negotiation, execution and delivery of
one or more Energy Performance Contracts and related lease/purchase agreements in an
aggregate original principal amount not to exceed $14,400,000.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Troy, New
York, as follows:
Section 1. In accordance with Section 9-103 of the Energy Law, the City is
hereby authorized to enter into one or more Energy Performance Contracts, and related
lease/purchase agreements, escrow agreements and other agreements in an aggregate original
principal amount not to exceed $14,400,000 (the "Agreements") pursuant to which Siemens will
provide equipment, capital improvements, repairs, maintenance and other services to improve the
energy efficiency of City street lights, the Police Station, Courthouse, Fifth Avenue and State
Street Parking Garages, fire stations, and DPW buildings, as more particularly described in the
Energy Audit Report and the Performance Contracting Agreement.
Section 2. The Deputy City Comptroller, as chief fiscal officer of the City, is
hereby authorized to negotiate, execute and deliver on behalf of the City the Agreements and all
other certificates or instruments required in connection therewith provided, however, that all
amounts payable by the City pursuant to the Agreements shall be subject to annual appropriation
of such payments by the City Council. The power to prescribe the terms, forms and covenants of
the Agreements is hereby delegated to the Deputy City Comptroller, as chief fiscal officer. The
Mayor, or his designee, is also authorized to execute the Energy Performance Contracts on
behalf of the City.
Section 3. This resolution is intended to constitute the declaration of the
City's "official intent" to reimburse the costs of the improvements described in Section 1 of this
resolution with proceeds from the Agreements, as required by Treasury Regulation Section
1.150-2.
Section 4. This resolution is not subject to a mandatory or permissive
referendum.
Section 5. The City Council hereby determines that the provisions of the State
Environmental Quality Review Act and the regulations thereunder have previously been satisfied
with respect to the expenditures authorized by this resolution.
Section 6. To the extent required by Chapter 721 of the Laws of 1994, as
amended (the "Act"), the Agreements shall not be executed and delivered until the Supervisory
Board created by the Act shall first review and comment upon the execution and delivery of the
Agreements in accordance with the requirements of the Act.
Section 7. This resolution shall take effect immediately. All acts previously
taken by the City with respect to the execution and delivery of the Agreements are hereby
ratified and confirmed.
Approved as to form, August 22, 2019
____________________________________
James A. Caruso Esq., Corporation Counsel
RES59
RES59
MEMO IN SUPPORT
This resolution authorizes the execution of the Lease/Purchase Agreement as the financing
source for the Siemens Energy Improvements project. The total amount authorized to be
financed is $14,400,000, which is equal to the total cost of the project and also a contingency in
the event there are unforeseen additions to the project.
As previously discussed with the City Council, the City Comptroller’s Office has worked
diligently with Siemens along with the City’s financial advisor in determining the best course to
proceed in with regards to the financing of this project. Upon completion of this review it was
determined that Siemens presents the most cost-effective approach to the City for financing
purposes.
Res. 60
RESOLUTION APPOINTING COMMISSIONERS OF DEEDS
FOR THE CITY OF TROY
BE IT RESOLVED, that the City Council hereby appoints the following person, as identified in
the attached application hereto and made a part hereof, Commissioner of Deeds for the City of
Troy for a two-year term from August 22, 2019 to August 22, 2021.
Colleen M. Hayes
98 Euclid Avenue
Troy, NY 12180
Approved as to form, August 2, 2019
James A. Caruso, Corporation Counsel
RES62
RESOLUTION AUTHORIZING THE MAYOR TO FINALIZE AND EXECUTE A
LEASE AGREEMENT WITH THE TROY ALBANY HOCKEY ASSOCIATION
RELATING TO THE FREAR PARK ICE RINK FACILITY
_____________________________________________________________________________
WHEREAS, the City of Troy (“City”) is the owner of the Frear Park Ice Rink Facility
(‘Ice Rink”); and
WHEREAS, over the past several years, the City has leased the Ice Rink to the Troy
Albany Hockey Association (“TAHA”) for at least a portion of each year; and
WHEREAS, the City and TAHA had been negotiating a longer term lease agreement
that contained certain options to renew for five year periods but the parties; and
WHEREAS, TAHA has accepted the current condition of the Premises and shall
provide and install a ‘chiller’ system to make and maintain ice at the Premises for the duration of
their tenancy and shall further be responsible for the maintenance and upkeep of the Premises,
fixtures and equipment.
NOW, THEREFORE, BE IT RESOLVED, that the Mayor is hereby authorized to
finalize and execute a lease agreement between the City and TAHA relating to the Ice Rink in
the form of the agreement attached hereto and made a part hereof.
Approved as to form, August 22, 2019
_____________________________________
James A. Caruso, Corporation Counsel
RES62
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