TROY CITY COUNCIL
FINANCE COMMITTEE AGENDA
July 25, 2019
6:00 P.M.
Pledge of Allegiance
Roll Call
Public Forum
LOCAL LAWS
3. A 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) **For introduction
purposes only
ORDINANCES
61. Ordinance Amending The 2019 General Fund Budget To Accept Funds From The New York
State Division Of Criminal Justice Services For The Purpose Of Gun Involved Violence
Elimination (Council President Mantello) (At The Request Of The Administration)
62. Ordinance Amending The Capital Projects Fund And Debt Service Fund Budgets (Council
President Mantello) (At The Request Of The Administration)
63. Ordinance Transferring Funds Within The 2019 Garbage Fund Budget (Council President
Mantello) (At The Request Of The Administration)
64. Ordinance Transferring Funds Within The 2019 General Fund Budget (Council President
Mantello) (At The Request Of The Administration)
65. Ordinance Transferring Funds Within The 2019 General Fund Budget (Council President
Mantello) (At The Request Of The Administration)
66. Ordinance Amending The Special Grants Fund Budget (Council President Mantello) (At The
Request Of The Administration)
67. Ordinance Transferring Funds Within The 2019 Water Fund Budget (Council President
Mantello) (At The Request Of The Administration)
RESOLUTIONS
48. Resolution Of The City Council Of The City Of Troy Authorizing The Execution Of A
Payment In-Lieu Of Tax (“Pilot”) Agreement By And Among The City Of Troy, MLK 2
Housing Development Fund Company, Inc., And MLK 2 Associates Limited Partnership
(Council President Mantello) (At The Request Of The Administration)
49. Resolution Of Troy City Council Authorizing The Scheduling And Conduct Of A Public
Hearing In Connection With Local Law To Revise Chapter 37 – Energize NY Benefit Finance
Program (Council President Mantello) (At The Request Of The Administration)
50. Resolution Determining That Proposed Type I Action Shall Have No Significant Adverse
Impacts On The Environment (Council President Mantello) (At The Request Of The
Administration)
51. Resolution Approving The City Of Troy Application To The New York State For A Grant
Under The Climate Smart Communities Grant Program (Council Member Kennedy)
52. Resolution Authorizing The Deputy Mayor To Execute A Contract With The Tangram
Design LLC To Design Troy Wayfinding System (Council President Mantello) (At The Request
Of The Administration)
TABLED LEGISLATION 2019
2. Bond Resolution Of The City Of Troy, New York, Authorizing The Issuance Of An
Additional $300,000 Serial Bonds To Finance The Rehabilitation Of Powers Park. Tabled 7
ayes, 0 nos, Finance Meeting, January 10.
35. Ordinance Amending The Code Of The City Of Troy: Section 83-5 C (Council President
Mantello). Tabled 7 ayes, 0 nos, Finance Meeting, April 18.
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LOCAL LAW NO. 2019-3
A LOCAL LAW TO ESTABLISH A SUSTAINABLE ENERGY LOAN
PROGRAM (OPEN C-PACE) IN THE CITY OF TROY
Be it enacted by the City of Troy (the “Municipality”) as follows:
Section 1. This local law shall be known as the “Energize NY Open C-PACE Financing
Program” and shall read as follows:
ARTICLE I
§1. Legislative findings, intent and purpose, authority.
A. It is the policy of both the Municipality and the State of New York (the “State”) to
achieve energy efficiency and renewable energy improvements, reduce greenhouse
gas emissions, mitigate the effect of global climate change, and advance a clean
energy economy. The Municipality finds that it can fulfill this policy by providing
property assessed clean energy financing to Qualified Property Owners (as defined
below) for the installation of renewable energy systems and energy efficiency
measures. This local law establishes a program that will allow the Energy
Improvement Corporation (as defined below, “EIC”), a local development
corporation, acting on behalf of the Municipality pursuant to the municipal agreement
(the “Municipal Agreement”) to be entered into between the Municipality and EIC, to
make funds available to Qualified Property Owners that will be repaid through
charges on the real properties benefited by such funds, thereby fulfilling the purposes
of this local law and accomplishing an important public purpose. This local law
provides a method of implementing the public policies expressed by, and exercising
the authority provided by, Article 5-L of the General Municipal Law (as defined
below, the “Enabling Act”).
B. The Municipality is authorized to execute, deliver and perform the Municipal
Agreement and otherwise to implement this Energize NY Open C-PACE Financing
Program pursuant to the Constitution and laws of New York, including particularly
Article IX of the Constitution, Section 10 of the Municipal Home Rule Law, the
Enabling Act and this local law.
C. This local law, which is adopted pursuant to Section 10 of the Municipal Home Rule
Law and the Enabling Act shall be known and may be cited as the “Energize NY
Open C-PACE Local Law”.
§2. Definitions
A. Capitalized terms used but not defined herein have the meanings assigned in the
Enabling Act.
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B. For purposes of this local law, and unless otherwise expressly stated or unless the
context requires, the following terms shall have the meanings indicated:
Annual Installment Amount shall have the meaning assigned in Section 8, paragraph B.
Annual Installment Lien – shall have the meaning assigned in Section 8 paragraph B.
Authoritythe New York State Energy Research and Development Authority.
Benefit Assessment Lien shall have the meaning assigned in Section 3, paragraph A.
Benefited Property Qualified Property for which the Qualified Property Owner has entered
into a Finance Agreement for a Qualified Project.
Benefited Property Owner – the owner of record of a Benefited Property.
EIC the Energy Improvement Corporation, a local development corporation, duly organized
under section 1411 of the Not-For-Profit Corporation Law of the State, authorized hereby on
behalf of the Municipality to implement the Program by providing funds to Qualified Property
Owners and providing for repayment of such funds from money collected by or on behalf of the
Municipality as a charge to be levied on the real property.
Eligible Costs costs incurred by the Benefited Property Owner in connection with a Qualified
Project and the related Finance Agreement, including application fees, EIC’s Program
administration fee, closing costs and fees, title and appraisal fees, professionals’ fees, permits,
fees for design and drawings and any other related fees, expenses and costs, in each case as
approved by EIC and the Financing Party under the Finance Agreement
Enabling ActArticle 5-L of the General Municipal Law of the State, or a successor law, as in
effect from time to time.
Finance Agreement – the finance agreement described in Section 6A of this local law.
Financing Charges all charges, fees and expenses related to the loan under the Finance
Agreement including accrued interest, capitalized interest, prepayment premiums, and penalties
as a result of a default or late payment and costs and reasonable attorneys’ fees incurred by the
Financing Party as a result of a foreclosure or other legal proceeding brought against the
Benefited Property to enforce any delinquent Annual Installment Liens.
Financing Parties Third party capital providers approved by EIC to provide financing to
Qualified Property Owners or other financial support to the Program which have entered into
separate agreements with EIC to administer the Program in the Municipality.
Municipalitythe City of Troy, a municipality of the State constituting a tax district as defined
in Section 1102 of the RPTL of the State.
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Municipal Lien a lien on Qualified Property which secures the obligation to pay real property
taxes, municipal charges, or governmentally imposed assessments in respect of services or
benefits to a Qualified Property.
Non-Municipal Lien a lien on Qualified Property which secures any obligation other than the
obligation to pay real property taxes, municipal charges, or governmentally-imposed assessments
in respect of services or benefits to a Qualified Property Owner or Qualified Property.
Programthe Energize NY Open C-PACE Financing Program authorized hereby.
Qualified Project the acquisition, construction, reconstruction or equipping of Energy
Efficiency Improvements or Renewable Energy Systems or other projects authorized under the
Enabling Act on a Qualified Property, together with a related Energy Audit, Renewable Energy
System Feasibility Study and/or other requirements under or pursuant to the Enabling Act, with
funds provided in whole or in part by Financing Parties under the Program to achieve the
purposes of the Enabling Act.
Qualified Property Any real property other than a residential building containing less than
three dwelling units, which is within the boundaries of the Municipality that has been determined
to be eligible to participate in the Program under the procedures for eligibility set forth under this
local law and the Enabling Act and has become the site of a Qualified Project.
Qualified Property Owner the owner of record of Qualified Property which has been
determined by EIC to meet the requirements for participation in the Program as an owner, and
any transferee owner of such Qualified Property.
RPTLthe Real Property Tax Law of the State, as amended from time to time.
Secured Amount as of any date, the aggregate amount of principal loaned to the Qualified
Property Owner for a Qualified Project, together with Eligible Costs and Financing Charges, as
provided herein or in the Finance Agreement, as reduced pursuant to Section 8, paragraph C.
Statethe State of New York.
§3. Establishment of an Energize NY Open C-PACE Financing Program
A. An Energize NY Open C-PACE Financing Program is hereby established by the
Municipality, whereby EIC acting on its behalf pursuant to the Municipal Agreement,
may arrange for the provision of funds by Financing Parties to Qualified Property
Owners in accordance with the Enabling Act and the procedures set forth under this
local law, to finance the acquisition, construction, reconstruction, and installation of
Qualified Projects and Eligible Costs and Financing Charges approved by EIC and by
the Financing Party under the Finance Agreement. EIC, on behalf of the
Municipality, and with the consent of the Benefited Property Owner, will record a
Benefit Assessment Lien on the Benefited Property in the Secured Amount (the
“Benefit Assessment Lien”) on the land records for the Municipality. Such recording
shall be exempt from any charge, mortgage recording tax or other fee in the same
manner as if recorded by the Municipality.
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B. Before a Qualified Property Owner and a Financing Party enter into a Finance
Agreement which results in a loan to finance a Qualified Project, repayment of which
is secured by a Benefit Assessment Lien, a written consent from each existing
mortgage holder of the Qualified Property shall be obtained, permitting the Benefit
Assessment Lien and each Annual Installment Lien to take priority over all existing
mortgages.
§4. Procedures for eligibility
A. Any property owner in the Municipality may submit an application to EIC on such
forms as have been prepared by EIC and made available to property owners on the
website of EIC and at the Municipality’s offices.
B. Every application submitted by a property owner shall be reviewed by EIC, acting on
behalf of the Municipality, which shall make a positive or negative determination on
such application based upon the criteria enumerated in the Enabling Act and § 5 of
this local law. EIC may also request further information from the property owner
where necessary to aid in its determination.
C. If a positive determination on an application is made by EIC, acting on behalf of the
Municipality, the property owner shall be deemed a Qualified Property Owner and
shall be eligible to participate in the Program in accordance with § 6 of this local law.
§5. Application criteria
Upon the submission of an application, EIC, acting on behalf of the Municipality, shall make a
positive or negative determination on such application based upon the following criteria for the
making of a financing:
A. The property owner may not be in bankruptcy and the property may not constitute
property subject to any pending bankruptcy proceeding;
B. The amount financed under the Program shall be repaid over a term not to exceed the
weighted average of the useful life of Renewable Energy Systems and Energy
Efficiency Improvements to be installed on the property as determined by EIC;
C. Sufficient funds are available from Financing Parties to provide financing to the
property owner;
D. The property owner is current in payments on any existing mortgage on the Qualified
Property;
E. The property owner is current in payments on any real property taxes on the Qualified
Property; and
F. Such additional criteria, not inconsistent with the criteria set forth above, as the State,
the Municipality, or EIC acting on its behalf, or other Financing Parties may set from
time to time.
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§6. Energize NY Finance Agreement
A. A Qualified Property Owner may participate in the Program through the execution of
a finance agreement made by and between the Qualified Property Owner and a
Financing Party, to which EIC, on behalf of the Municipality, shall be a third-party
beneficiary (the “Finance Agreement”). Upon execution and delivery of the Finance
Agreement, the property that is the subject of the Finance Agreement shall be deemed
a “Benefited Property”).
B. Upon execution and delivery of the Finance Agreement, the Benefited Property
Owner shall be eligible to receive funds from the Financing Party for the acquisition,
construction, and installation of a Qualified Project, together with Eligible Costs and
Financing Charges approved by EIC and by the Financing Party, provided the
requirements of the Enabling Act, the Municipal Agreement and this local law have
been met.
C. The Finance Agreement shall include the terms and conditions of repayment of the
Secured Amount and the Annual Installment Amounts.
D. EIC may charge fees to offset the costs of administering the Program and such fees, if
not paid by the Financing Party, shall be added to the Secured Amount.
§7. Terms and conditions of repayment
The Finance Agreement shall set forth the terms and conditions of repayment in accordance with
the following:
A. The principal amount of the funds loaned to the Benefited Property Owner for the
Qualified Project, together with Eligible Costs and Financing Charges approved by
EIC and by the Financing Party, shall be specially assessed against the Benefited
Property and will be evidenced by a Benefit Assessment Lien recorded against the
Benefited Property on the land records on which liens are recorded for properties
within the Municipality. The special benefit assessment shall constitute a “charge”
within the meaning of the Enabling Act and shall be collected in annual installments
in the amounts certified by the Financing Party in a schedule provided at closing and
made part of the Benefit Assessment Lien. Said amount shall be annually levied,
billed and collected by EIC, on behalf of the Municipality, and shall be paid to the
Financing Party as provided in the Finance Agreement.
B. The term of such repayment shall be determined at the time the Finance Agreement is
executed by the Benefited Property Owner and the Financing Party, not to exceed the
weighted average of the useful life of the systems and improvements as determined
by EIC, acting on behalf of the Municipality.
C. The rate of interest for the Secured Amount shall be fixed by the Financing Party in
conjunction with EIC, acting on behalf of the Municipality, as provided in the
Finance Agreement.
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§8. Levy of Annual Installment Amount and Creation of Annual Installment Lien
A. Upon the making of the loan pursuant to the Finance Agreement, the Secured Amount
shall become a special Benefit Assessment Lien on the Benefited Property in favor of
the Municipality. The amount of the Benefit Assessment Lien shall be the Secured
Amount. Evidence of the Benefit Assessment Lien shall be recorded by EIC, on
behalf of the Municipality, in the land records for properties in the Municipality.
Such recording shall be exempt from any charge, mortgage recording tax or other fee
in the same manner as if recorded by the Municipality. The Benefit Assessment Lien
shall not be foreclosed upon by or otherwise enforced by the Municipality.
B. The Finance Agreement shall provide for the repayment of the Secured Amount in
installments made at least annually, as provided in a schedule attached to the Benefit
Assessment Lien (the “Annual Installment Amount”). The Annual Installment
Amount shall be levied by EIC, on behalf of the Municipality, on the Benefited
Property in the same manner as levies for municipal charges, shall become a lien on
the Benefited Property as of the first day of January of the fiscal year for which levied
(the “Annual Installment Lien”) and shall remain a lien until paid. The creation or
any recording of the Annual Installment Lien shall be exempt from any charge,
mortgage recording tax or other fee in the same manner as if recorded by the
Municipality. Payment to the Financing Party shall be considered payment for this
purpose. Such payment shall partly or wholly discharge the Annual Installment Lien.
Delinquent Annual Installment Amounts may accrue Financing Charges as may be
provided in the Finance Agreement. Any additional Financing Charges imposed by
the Financing Party pursuant to the Finance Agreement shall increase the Annual
Installment Amount and the Annual Installment Lien for the year in which such
overdue payments were first due.
C. The Benefit Assessment Lien shall be reduced annually by the amount of each
Annual Installment Lien when each Annual Installment Lien becomes a lien. Each
Annual Installment Lien shall be subordinate to all Municipal Liens, whether created
by Section 902 of the RPTL or by any other State or local law. No portion of a
Secured Amount shall be recovered by the Municipality, EIC, or an assignee upon
foreclosure, sale or other disposition of the Benefited Property unless and until all
Municipal Liens are fully discharged. Each Annual Installment Lien, however, shall
have priority over all Non-Municipal Liens, irrespective of when created, except as
otherwise required by law.
D. Neither the Benefit Assessment Lien nor any Annual Installment Lien shall be
extinguished or accelerated in the event of a default or bankruptcy of the Benefited
Property Owner. Each Annual Installment Amount shall be considered a charge upon
the Benefited Property and shall be collected by EIC, on behalf of the Municipality,
at the same time and in the same manner as real property taxes or municipal charges.
Each Annual Installment Lien shall remain a lien until paid. Amounts collected in
respect of an Annual Installment Lien shall be remitted to EIC, on behalf of the
Municipality, or the Financing Party, as may be provided in the Finance Agreement.
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E. EIC shall act as the Municipality’s agent in collection of the Annual Installment
Amounts. If any Benefited Property Owner fails to pay an Annual Installment
Amount, the Financing Party may redeem the Benefited Property by paying the
amount of all unpaid Municipal Liens thereon, and thereafter shall have the right to
collect any amounts in respect of an Annual Installment Lien by foreclosure or any
other remedy available at law. Any foreclosure shall not affect any subsequent
Annual Installment Liens.
F. EIC, on behalf of the Municipality, may sell or assign for consideration any and all
Benefit Assessment Liens and Annual Installment Liens to Financing Parties that
provide financing to Qualified Properties pursuant to Finance Agreements. The
Financing Parties may sell or assign for consideration any and all Benefit Assessment
Liens and Annual Installment Liens received from EIC, on behalf of the Municipality,
subject to certain conditions provided in the administration agreement between EIC
and the Financing Party. The assignee or assignees of such Benefit Assessment Liens
and Annual Installment Liens shall have and possess the same powers and rights at
law or in equity as the Municipality would have had if the Benefit Assessment Lien
and the Annual Installment Liens had not been assigned with regard to the precedence
and priority of such lien, the accrual of interest and the fees and expenses of
collection.
§9. Verification and report
EIC, on behalf of the Municipality, shall verify and report on the installation and
performance of Renewable Energy Systems and Energy Efficiency Improvements
financed by the Program in such form and manner as the Authority may establish.
§10. Separability. If any clause, sentence, paragraph, section, or part of this local law shall
be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not
affect, impair or invalidate the remainder thereof, but shall be confined in its operation to the
clause, sentence, paragraph, section, or part thereof involved in the controversy in which
such judgment shall have been rendered.
Section 2. This local law shall take effect upon filing with the Secretary of State.
Approved as to form, August 1, 2019
______________________________________
James A. Caruso Esq., Corporation Counsel
City Hall 433 River Street, Suite 5001, Troy New York 12180
(518) 279-7166 Steven.Strichman@troyny.gov
Steven Strichman
Commissioner
Department of Planning and
Economic Development
Patrick Madden
Mayor
To: City Council
From: Steven Strichman
Date: July 17, 2019
Re: Property Assessed Clean Energy (PACE) Call for public hearing to amend law
(Chapter 37 Energize NY Benefit Finance Program)
The City Council Adopted Chapter 37 of the City of Troy on 10-1-2015 by Local Law. No. 1-2015 and
amended it in 2018.
Through State legislation, additional changes have been made which removes all municipal obligations
from the process. Memo attached.
In order to enact the change, the City would rescind Chapter 37 in its entirety and replace it with the
Local Law as well as authorizing the Mayor to execute the attached municipal agreement.
Actions Required:
August 1: Call for public hearing to be held on August 22
nd
.
August 22: Public Hearing
September 5: Pass law and authorize the Mayor to execute the “Energy Improvement
Corporation amended Municipal Agreement
.
City Hall 433 River Street, Suite 5001, Troy New York 12180
(518) 279-7166 Steven.Strichman@troyny.gov
Ord.61
ORDINANCE AMENDING THE 2019 GENERAL FUND BUDGET TO ACCEPT
FUNDS FROM THE NEW YORK STATE DIVISION OF CRIMINAL JUSTICE
SERVICES FOR THE PURPOSE OF GUN INVOLVED VIOLENCE ELIMINATION
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:
August 2019 Budget Amendments GIVE Grant
which is attached hereto and made a part hereof
Section 2. This act will take effect immediately.
Approved as to form July 18, 2019
James A. Caruso, Corporation Counsel
Ord.61
MEMO IN SUPPORT
The Police Department will receive grant funding from the NYS Division of Criminal Justice
Services for the purpose of Gun Involved Violence Elimination (GIVE). The GIVE initiative is
the elimination of shootings and homicides, or aggravated assaults where applicable, through the
integrated use of evidence-based strategies that are incorporated into the four core elements of
GIVE. The grant period is from July 1, 2019 through June 30, 2020. Any unused funds and
appropriations of this grant during 2019 will be allocated in the proposed 2020 City Budget.
State Aid A.3000.3389.1100 NYS GIVE Grant 0.00 157,532.00 157,532.00
Police Department A.3120.0101.0000.0000 Permanent Salaries 9,426,965.00 67,288.00 9,494,253.00
Police Department A.3120.0103.0037.0000 Overtime - GIVE Grant 50,000.00 50,265.00 100,265.00
Police Department A.3120.0409.1100.0000 Consultant Services - GIVE Grant 0.00 38,479.00 38,479.00
Police Department A.3120.0411.1100.0000 Travel - GIVE Grant 0.00 1,500.00 1,500.00
Expenditures
* Or as previously amended
Net Impact On General Fund
Schedule A
August 2019 Budget Amendments – GIVE Grant
Revenues
80 South Swan Street, Albany, New York 12210 518-457-8462 www.criminaljustice.ny.gov
ANDREW M. CUOMO
Governor
MICHAEL C. GREEN
Executive Deputy Commissioner
JEFFREY P. BENDER
Deputy Commissioner
Grant Award Notice
Grantee/Contractor:
Troy City Police Department
Date:
June 6, 2019
Program Name:
GIVE (2019-2020)
Award Amount
45
:
$189,665
Signatory Name and Title:
Brian Owens
Chief
Term Dates:
July 1, 2019 through June 30, 2020
Email:
Brian.Owens@troyny.gov
Project ID No.:
GV19-1044-D00
SFS Vendor ID No.:
1000002394
Contract No.:
C484681
Congratulations on your 2019-20 award for the DCJS Gun Involved Violence Elimination (GIVE)
initiative.
Your DCJS Grants Representative will be contacting you shortly to review any remaining contract
requirements. Please note that prompt completion of this step will facilitate timely execution of your
contract.
DCJS is pleased to be able to provide your agency with this funding and we look forward to working
with you in our continued efforts to maintain New York’s standing as the safest large state in the
nation.
The award amount listed above is contingent on the availability of state funds. If you have any
questions about this award, please contact:
Dave Martin
Public Safety Grants Representative 3
NYS Division of Criminal Justice Services
Office of Program Development and Funding
(518) 485-9607 or David.Martin@DCJS.NY.GOV
45
Contingent upon available funding and execution of the contract and approval of the Attorney General and the
Office of the State Comptroller.
Ord. 62
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:
August 2019 Budget Amendments – 2019 BAN Premium
which is attached hereto and made a part hereof
Section 2. This act will take effect immediately.
Approved as to form July 18, 2019
James A. Caruso, Corporation Counsel
Ord. 62
MEMO IN SUPPORT
The City has changed the accounting practice of how a premium from the issuance of serial
bonds or bond anticipation notes (BANs) are recognized for revenue purposes on the City’s
financial records. The new practice recognizes revenue within the Capital Projects Fund and then
transfers the funds to the Debt Service Fund to be used for future debt service payments.
Therefore the money can be used to directly pay for the interest costs associated with the
issuance where the premium was received. The change to the practice has been reviewed with
the New York State Comptroller’s Office and they have told the City Comptroller’s Office that
this is acceptable.
The amount is representative of the premium that was paid to the City as part of the July 2019
BAN (bond anticipation note) issuance.
Original
Change
Revised
Department
Account No. Description Budget* ( + / - ) Budget
Capital Projects Fund H.1000.2710.0000.0000 Premium On Obligations 330,170.00 41,358.47 371,528.47
Capital Projects Fund H.9950.0998.0000.0000 Debt Service Fund 330,170.00 41,358.47 371,528.47
0.00
Debt Service Fund V.0000.5031.0000.0000 Interfund Transfers 330,170.00 41,358.47 371,528.47
Debt Service Fund V.9901.0904.0000.0000 General Fund 330,170.00 41,358.47 371,528.47
0.00
Debt Service Fund
Revenues
Expenditures
Net Impact On Debt Service Fund
* Or as previously amended
Net Impact On Capital Projects Fund
Schedule A
August 2019 Budget Amendments – 2019 BAN Premium
Revenues
Expenditures
Capital Projects Fund
Ord.63
ORDINANCE TRANSFERRING FUNDS WITHIN
THE 2019 GARBAGE 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:
August 2019 Budget Transfer(s) – Garbage Fund
which is attached hereto and made a part hereof
Section 2. This act will take effect immediately.
Approved as to form July 18, 2019
James A. Caruso, Corporation Counsel
Ord.63
MEMO IN SUPPORT
Throughout the fiscal year the Comptroller’s Office works with all departments within the City
for necessary budget transfers within the Garbage Fund in the 2019 fiscal year. This ordinance
transfers funds within the 2019 Garbage 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 $58,000 to fund costs associated with grindings at the Alamo, hazardous
waste day and e-waste removal for the remainder of the 2019 fiscal year.
Original
Change
Revised
Department
Account No. Description Budget* ( + / - ) Budget Reference
Bulk Pickup CL.8175.0405.0076.0000 Tipping Fees 205,420.00 (58,000.00) 147,420.00 1
Special Recycling CL.8189.0409.0000.0000 Consultant Services 0.00 58,000.00 58,000.00 1
0.00
Schedule A
August 2019 Budget Transfer(s) – Garbage Fund
* Or as previously amended
Net Impact On Garbage Fund
Ord. 64
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:
August 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 July 18, 2019
James A. Caruso, Corporation Counsel
Ord. 64
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 Golf Course budget for the purchase of chemicals
2. A transfer from the General Fund’s Contingency to fund vehicle repairs and parts; along
with additional funding for repairs to city streets. The primary purpose of the funding for
city streets is to fund the costs related to repairs to the Ferry Street tunnel.
3. A transfer for repairs to various city facilities.
4. A transfer for additional monies for postage within the departments within General
Services.
Original
Change
Revised
Department
Account No. Description Budget* ( + / - ) Budget Reference
Recreation - Golf Course A.7180.0409.0000.0000 Consultant Services 49,500.00 (3,000.00) 46,500.00 1
Recreation - Golf Course A.7180.0303.2421.0000 Other Materials & Supplies - Chemicals 87,000.00 3,000.00 90,000.00 1
DPW - Garage A.1640.0304.0058.0000 Vehicle Expense - Repairs 75,000.00 20,000.00 95,000.00 2
DPW - Streets A.5110.0409.0000.0000 Consultant Services 75,000.00 35,000.00 110,000.00 2
DPW - Garage A.1640.0304.0057.0000 Vehicle Expense - Parts 225,000.00 15,000.00 240,000.00 2
Contingency A.1990.0418.0000.0000 Contingency 776,632.69 (70,000.00) 706,632.69 2
DPW - Facilities A.1620.0404.0068.0000 Repairs - Equipment 30,000.00 13,000.00 43,000.00 3
DPW - Streets A.5110.0401.0074.0000 Utilities - Street Lights 1,130,500.00 (13,000.00) 1,117,500.00 3
DPW - Admin A.1490.0402.0000.0000 Postage 400.00 2,000.00 2,400.00 4
DPW - Facilities A.1620.0401.0053.0000 Utilities - Telephone 262,000.00 (2,000.00) 260,000.00 4
0.00
Schedule A
August 2019 Budget Transfer(s) – General Fund
* Or as previously amended
Net Impact On General Fund
Ord.65
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:
August 2019 Budget Transfer(s) – Early Voting Site
which is attached hereto and made a part hereof
Section 2. This act will take effect immediately.
Approved as to form July 18, 2019
James A. Caruso, Corporation Counsel
Ord.65
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 $7,500 to provide funding for an early voting site.
Original
Department
Contingency A.1990.0418.0000.0000 Contingency 776,632.69 (7,500.00) 769,132.69 1
Mayor's Office A.1210.0409.0000.0000 Consultant Services 40,000.00 7,500.00 47,500.00 1
Schedule A
August 2019 Budget Transfer(s) – Early Voting Site
* Or as previously amended
Net Impact On General Fund
Ord.66
ORDINANCE AMENDING THE SPECIAL GRANTS 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:
August 2019 Budget Amendments – Wayfinding
which is attached hereto and made a part hereof
Section 2. This act will take effect immediately.
Approved as to form July 15, 2019
James A. Caruso, Corporation Counsel
Ord.66
Memo In Support
This ordinance establishes the revenue and expenditure accounts within the Special Grants Fund
(CD Fund) for the contract pending approval from the City Council for the wayfinding project.
Funding is to be provided from the Troy Redevelopment Foundation.
Original
Change
Revised
Department
Account No. Description Budget* ( + / - ) Budget
Wayfinding CD.1000.2705.8000.8344 Gifts & Donations 0.00 60,200.00 60,200.00
Wayfinding CD.8020.0409.8000.8344 Consultant Services 0.00 60,200.00 60,200.00
0.00
Expenditures
* Or as previously amended
Net Impact On Special Grants Fund
Schedule A
August 2019 Budget Amendments – Wayfinding
Revenues
Ord.67
ORDINANCE TRANSFERRING FUNDS WITHIN THE 2019 WATER 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:
August 2019 Budget TransfersWater Fund
which is attached hereto and made a part hereof
Section 2. This act will take effect immediately.
Approved as to form July 18, 2019
James A. Caruso, Corporation Counsel
THE CITY OF TROY
I
NTER-OFFICE MEMORANDUM
To: Andrew Piotrowski, Deputy Comptroller
From: Chris Wheland, Superintendent of Public Utilities
Subject: August 2019 Water Transfers
Date: July 18, 2019
There are two transfers required for the August 2019 council meeting. These are to cover current expenses and
in anticipation of future expenditures.
Transfers associated with the Garage are for associated Parts, Supplies, and Repairs for vehicles. These transfers
are required due to large pieces of equipment needing repair.
If you have other questions please let me know.
Cc: Patrick Madden, Mayor
Monica Kurzejeski, Deputy Mayor
Original
Change
Revised
Department
Account No. Description Budget* ( + / - ) Budget
DPU - Purification F.8330.0303.0000.0000 Other Material & Supplies 875,063.00 (40,000.00) 835,063.00
DPU - Transmission F.8340.0303.0000.0000 Other Material & Supplies 383,000.00 (30,000.00) 353,000.00
DPU - Purification F.8330.0401.0054.0000 Utilities - Gas / Electric 120,000.00 (20,000.00) 100,000.00
DPU - Garage F.1640.0304.0057.0000 Vehicle Expense - Parts 150,000.00 50,000.00 200,000.00
DPU - Garage F.1640.0304.0058.0000 Vehicle Expense - Repairs 60,000.00 40,000.00 100,000.00
0.00
Schedule A
August 2019 Budget Transfers – Water Fund
* Or as previously amended
Net Impact On Water Fund
Res.48
1
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TROY AUTHORIZING
THE EXECUTION OF A PAYMENT IN-LIEU OF TAX (“PILOT”) AGREEMENT BY
AND AMONG THE CITY OF TROY, MLK 2 HOUSING DEVELOPMENT FUND
COMPANY, INC., AND MLK 2 ASSOCIATES LIMITED PARTNERSHIP
WHEREAS, the City of Troy (the “City”) desires to encourage a sufficient supply of
adequate, safe and sanitary dwelling accommodations properly planned for persons with low
income; and
WHEREAS, MLK 2 Housing Development Fund Company, Inc., a to-be-formed Article
XI New York private housing finance law corporation and a New York not-for-profit corporation
(the “HDFC”), and MLK 2 Associates Limited Partnership, a New York limited partnership (the
“Partnership”), have identified property located at Eddy’s Lane (Section 90.55 Block 7 Lot 1.2)
and Oakwood Avenue (Section 90.56 Block 1 Lot 1), City of Troy, County of Rensselaer, State
of New York, as described on Exhibit A attached hereto and made a part hereof (the “Land”), for
the purpose of rehabilitating certain existing improvements on the Land and constructing
additional improvements on the land to be collectively used as a housing project for persons of
low income, said project to consist of: (i) the acquisition of the Land; (ii) the rehabilitation and
construction thereon of fifty-eightthirty-seven (3758) units of housing for persons of low income,
to be known as Martin Luther King Revitalization Phase 2 (the “Improvements”); and (iii) the
acquisition and installation therein and thereon of certain machinery, equipment, furniture,
fixtures and other tangible personal property (the “Equipment”, and collectively with the Land
and the Improvements, the “Project”); and
WHEREAS, the Partnership has been, and the HDFC will be, formed for the purpose of
providing residential rental accommodations for families and persons of low-income; and
WHEREAS, the HDFC will acquire fee title to the Land, as nominee for the Partnership,
and will convey its equitable and beneficial interests in the Land to the Partnership in furtherance
of the development of the Project; and
WHEREAS, the HDFC’s and the Partnership’s plan for the use of the Land constitutes a
“housing project” as that term is defined in the Private Housing Finance Law of the State of
New York (“PHFL”); and
WHEREAS, the HDFC is a “housing development fund company” as the term is defined
in Section 572 of the PHFL and Section 577 of the PHFL authorizes the City Council to exempt
the Project from real property taxes; and
WHEREAS, the HDFC is, or will be, on the commencement date of the PILOT
Agreement contemplated herein, a co-general partner of the Partnership; and
WHEREAS, the Partnership and the HDFC will be willing to enter into a PILOT
Agreement whereby they will make annual payments in lieu of taxes to the City as set forth in
the PILOT Agreement presented to the City Council for approval;
Res.48
2
NOW THEREFORE, BE IT RESOLVED that the City Council hereby exempts the
Project from real property taxes to the extent authorized by Section 577 of the PHFL and
approves the proposed PILOT Agreement by and among the City, the Partnership and the HDFC,
in substantially the form presented at this meeting, providing for annual payments as set forth in
such agreement; and it is
FURTHER RESOLVED, that the Mayor of the City is hereby authorized to execute and
deliver the foregoing PILOT Agreement on behalf of the City; and it is
FURTHER RESOLVED, that this resolution shall take effect immediately.
Approved as to form, July 25, 2019
______________________________________
James A. Caruso Esq., Corporation Counsel
City Hall 433 River Street, Suite 5001, Troy New York 12180
(518) 279-7166 Steven.Strichman@troyny.gov
Steven Strichman
Commissioner
Department of Planning and
Economic Development
Patrick Madden
Mayor
To: City Council
From: Steven Strichman
Date: July 17, 2019
Re: P.I.L.O.T. (Article XI) Martin Luther King Apartments Revitalization Phase 2
Eddy’s Lane (90.55, Block 7, Lot 1.2)
In October 2018, the City Council approved a PILOT for Troy Housing Authority’s Martin Luther King
Phase 2 project which envisioned 58 units consisting of 37 gut rehab and 21 new construction. The
project has been delayed by several months due to higher than anticipated construction costs and has
been downsized to a 37-unit selective demolition and gut rehabilitation project. The project will still
include the community building and greenspace. The 21 units of new construction will be completed in
the future with separate funding.
Because of this change, for financing
purposes, THA requests an amendment to
the resolution and PILOT to remove the
Oakwood Avenue Parcel (90.45-1-1) and
its 21 units of new construction. In the
future, THA will come back for a PILOT
request on Oakwood Avenue.
Total MLK PILOTS pay
Phase I 46 units $18,400
Phase II 37 units $14,800
Total $33,200
AGREEMENT FOR PAYMENT IN LIEU OF TAXES (PILOT)
BY AND AMONG THE CITY OF TROY, MLK 2
HOUSING DEVELOPMENT FUND COMPANY, INC. AND
MLK 2 ASSOCIATES LIMITED PARTNERSHIP
THIS AGREEMENT FOR PAYMENT IN LIEU OF TAXES (the “Agreement”),
dated _____________, 20198, by and among the CITY OF TROY, NEW YORK, a New York
incorporated municipality, having its principal office located at 433 River Street, Troy,
New York 12180 (the “City”) and MLK 2 HOUSING DEVELOPMENT FUND
COMPANY, INC., a New York not-for-profit corporation formed pursuant to Article XI of the
Private Housing Finance Law (the “PHFL”), having its principal office located at c/o Troy
Housing Authority, One Eddy’s Lane, Troy, New York 12180 (the “HDFC”), which HDFC will
hold title to the Property (as hereinafter defined) for the benefit of MLK 2 ASSOCIATES
LIMITED PARTNERSHIP, a New York limited partnership, having its principal office
located at c/o Beacon Communities LLC, Two Center Plaza, Suite 700, Boston, Massachusetts
02108 (the “Partnership”).
WHEREAS, the HDFC is, or will become, the bare legal or record owner, and the
Partnership is, or will become, the beneficial and equitable owner, of certain real property
located in the City of Troy, County of Rensselaer, State of New York, as more particularly
described in Exhibit A attached hereto and incorporated herein by reference (the “Property”);
and
WHEREAS, the HDFC is a corporation established pursuant to Section 402 of the Not-
For-Profit Corporation Law and Article XI of the PHFL; and
WHEREAS, the HDFC is, or will be, the co-general partner of the Partnership; and
WHEREAS, the HDFC and the Partnership have each been formed for the purpose of
providing residential rental accommodations for persons of low-income; and
WHEREAS, the Partnership will develop, own, rehabilitate, construct, maintain and
operate a housing project for persons of low income at the Property, anticipated to consist of
3758 residential rental units for persons of low income, and commonly known as Martin Luther
King Revitalization – Phase 2 (the “Project”); and
WHEREAS, the HDFC’s and the Partnership’s plan for the use of the Property
constitutes a “housing project” as that term is defined in the PHFL; and
WHEREAS, the HDFC is a “housing development fund company” as the term is defined
in Section 572 of the PHFL; and
WHEREAS, pursuant to PHFL Section 577, the local legislative body of a municipality
may exempt the real property of a housing project of a housing development fund company from
local and municipal taxes, including school taxes, other than assessments for local
improvements, to the extent of all or a part of the value of the property included in the completed
project; and
2
WHEREAS, the City Council of the City of Troy, New York, by Resolution No.
____________________ adopted ________________, 20198, approved and authorized the
execution of this Agreement,
NOW, THEREFORE, it is agreed as follows:
1. Pursuant to Section 577 of the PHFL, the City hereby exempts from local and
municipal taxes, other than assessments for local improvements, one hundred percent (100%) of
the value of the Property, including both the land and the improvements included in the Project.
“Local and Municipal Taxes shall mean any and all real estate taxes levied by Rensselaer
County (“County”), the City of Troy (“City”), the Troy City School District (“School District”)
or other affected taxing jurisdiction (as defined in Subdivision 1(b) of Section 577 of the PHFL)
which has jurisdiction over the Property (collectively, the “Taxing Jurisdictions”), and intending
to bind the applicable Taxing Jurisdictions to the fullest extent provided under Section 577 of the
PHFL.
2. This tax exemption will commence on the date of the HDFC’s acquisition of the
fee title interest in the Property and shall continue for a period of thirty (30) years from the
Partnership’s completion of the Project, as evidenced by the City’s issuance of a certificate of
occupancy for the Project. This Agreement shall not limit or restrict the HDFC’s or the
Partnership’s right to apply for or obtain any other tax exemption to which it might be entitled
upon the expiration of this Agreement. The parties understand that the exemption extended
pursuant to Section 577 of the PHFL and this Agreement does not include exemption from
special assessments and special ad valorem levies. During the period of this Agreement, the
Partnership shall pay any service charges, special ad valorem levies, special assessments and
improvement district charges or similar tax equivalents which are or would be levied upon or
with respect to the Project by the Taxing Jurisdictions or any other taxing authority.
3. Commencing in the first full year after the issuance of a certificate of occupancy
for the Project, and continuing for so long as the exemption hereunder continues, the Partnership
shall make annual payments in lieu of taxes (“PILOT”) in the amount set forth in this section,
which payments shall cover all Local and Municipal Taxes owed in connection with the Property
and the Project, and which payments shall be shared by the Taxing Jurisdictions on the same
basis as property taxes would be shared if the Property and the Project were fully taxed. The
PILOT shall be in the initial amount of Four Hundred and 00/100 Dollars ($400.00) per dwelling
unit per year (prorated for the year of acquisition by the HDFC), and shall increase annually by
two percent (2%).
4. The tax exemption provided by this Agreement will continue for the term
described above provided that the Property and the Project continue to be used as housing
facilities for persons of low income and (i) the HDFC and the Partnership own and operate the
Property and the Project in conformance with Article XI of the PHFL; or (ii) the HDFC assumes
sole legal and beneficial ownership of the Property and the Project and operates the Property and
the Project in conformance with Article XI of the PHFL; or (iii) in the event an action is brought
to foreclose a mortgage upon the HDFC, and the legal and beneficial interest in the Property and
the Project shall be acquired at the foreclosure sale or from the mortgagee, or by a conveyance in
lieu of such sale, by a housing development fund corporation organized pursuant to Article XI of
the PHFL, or by the Federal government or an instrumentality thereof, or by a corporation which
3
is, or by agreement has become subject to the supervision of the superintendent of banks or the
superintendent of insurance, and such successor in interest operates the Property and the Project
in conformance with Article XI of the PHFL.
5. The failure to make the required payment will be treated as failure to make
payment of taxes and will be governed by the same provisions of law as apply to the failure to
make payment of taxes, including but not limited to enforcement and collection of taxes to the
extent permitted by law.
6. All notices and other communications hereunder shall be in writing and shall be
sufficiently given when delivered to the applicable address stated above (or such other address as
the party to whom notice is given shall have specified to the party giving notice) by registered or
certified mail, return receipt requested or by such other means as shall provide the sender with
documentary evidence of such delivery.
7. This Agreement shall inure to the benefit of and shall be binding upon the City,
the Partnership, the HDFC and their respective successors and assigns, including the successors
in interest of the Partnership and the HDFC. There shall be no assignment of this Agreement
except with consent of the other party, which consent shall not be unreasonably withheld.
8. If any provision of this Agreement or its application is held invalid or
unenforceable to any extent, the remainder of this Agreement and the application of that
provision to other persons or circumstances shall be enforced to the greatest extent permitted by
law.
9. This Agreement may be executed in any number of counterparts with the same
effect as if all the signing parties had signed the same document. All counterparts shall be
construed together and shall constitute the same instrument.
10. This Agreement constitutes the entire agreement of the parties relating to
payments in lieu of taxes with respect to the Property and supersedes all prior contracts, or
agreements, whether oral or written, with respect thereto.
11. Each of the parties individually represents and warrants that the execution,
delivery and performance of this Agreement, (i) has been duly authorized and does not require
any other consent or approval, (ii) does not violate any article, by-law or organizational
document or any law, rule, regulation, order, writ, judgment or decree by which it is bound, and
(iii) will not result in or constitute a default under any indenture, credit agreement, or any other
agreement or instrument to which any of them is a party. Each party represents that this
Agreement shall constitute the legal, valid and binding agreement of the parties enforceable in
accordance with its terms.
12. This Agreement shall be governed by and construed in accordance with the laws
of the State of New York.
13. Any litigation arising out of this agreement shall be venued in Rensselaer County
Supreme Court or the appropriate federal district court exercising jurisdiction over Rensselaer
County.
4
IN WITNESS WHEREOF, the City, the HDFC and the Partnership have caused this
Agreement to be executed in their respective names by their duly authorized representatives and
their respective seals to be hereunder affixed, all as of the date above-written.
CITY OF TROY, NEW YORK
DATED: _________________, 20198 By:_______________________________________
Name: Patrick Madden
Title: Mayor
MLK 2 HOUSING DEVELOPMENT FUND
COMPANY, INC.
DATED: _________________, 20198 By:_______________________________________
Name: Susan Steele
Title: President
MLK 2 ASSOCIATES LIMITED PARTNERSHIP
By: Beacon MLK 2 LLC,
its Managing General Partner
By: Beacon Communities Corp.,
its Managing Member
DATED: _________________, 20198 By:____________________________________
Name: Duncan Barrett
Title: Authorized Signatory
STATE OF NEW YORK )
) SS.:
COUNTY OF RENSSELAER )
On the ____ day of _____________ in the year 20198, before me personally appeared
_____________________, personally known to me or proved to me on the basis of satisfactory
evidence to be the individual whose name is subscribed to the within instrument and
acknowledged to me that s/he executed the same in her/his capacity, and that by her/his signature
on the instrument, the individual, or person upon behalf of which the individual acted, executed
the instrument.
______________________________
NOTARY PUBLIC
5
STATE OF NEW YORK )
) SS.:
COUNTY OF __________ )
On the _____ day of ____________ in the year 20198, before me personally appeared
Susan Steele, personally known to me or proved to me on the basis of satisfactory evidence to be
the individual whose name is subscribed to the within instrument and acknowledged to me that
s/he executed the same in her/his capacity, and that by her/his signature on the instrument, the
individual, or person upon behalf of which the individual acted, executed the instrument.
______________________________
NOTARY PUBLIC
STATE OF NEW YORK )
) SS.:
COUNTY OF __________ )
On the _____ day of ____________ in the year 20198, before me personally appeared
Duncan Barrett, personally known to me or proved to me on the basis of satisfactory evidence to
be the individual whose name is subscribed to the within instrument and acknowledged to me
that he executed the same in his capacity, and that by his signature on the instrument, the
individual, or person upon behalf of which the individual acted, executed the instrument.
______________________________
NOTARY PUBLIC
6
EXHIBIT A
Description of the Property
7
EXHIBIT A
Description of the Land
September 28, 2018
PROPOSED DESCRIPTION
OF A PORTION OF THE LANDS OF THE
TROY HOUSING AUTHORITY
EDDY LANE, CITY OF TROY
"PHASE II - LOT #1 - 7.874+/- ACRE PARCEL"
ALL THAT TRACT OR PARCEL OF LAND SITUATE IN THE CITY OF TROY,
COUNTY OF RENSSELAER AND STATE OF NEW YORK, BOUNDED AND DESCRIBED
AS FOLLOWS:
Beginning at a point standing at the southeasterly corner of lands conveyed by N E S
Associates, Inc. to The Troy Housing Authority by a Bargain and Sale Deed dated July 1, 1971
and filed in the Rensselaer County Clerk's Office in Liber 1227 of Deeds at Page 969, said point
standing at the intersection of the southwesterly boundary of the lands of The Troy Housing
Authority with the northwesterly boundary of the lands of the City of Troy (Eddy Lane) (Now or
Formerly), as described in a Quit Claim Deed dated March 27, 1974 and filed in the Rensselaer
County Clerk's Office in Liber 1259 of Deeds at Page 527; thence S34°21'00"W 20.81 feet
along the northwesterly boundary of the lands of the City of Troy (Eddy Lane) to a point
standing at the southwesterly corner of the lands of the City of Troy (Eddy Lane) and on the
northeasterly boundary of Yonna Realty, Inc (Now or Formerly); thence N41°23'36"W 3.32
feet along the northeasterly boundary of Yonna Realty, Inc. to a point standing on the northerly
boundary of Yonna Realty, Inc.; thence S83°58'00"W 136.45 feet along the northerly
boundary of Yonna Realty, Inc. to a point standing on the northeasterly boundary of House
Avenue, LLC (Now or Formerly); thence N49°32'00"W 402.35 feet along the northeasterly
boundary of House Avenue, LLC to a point; thence N12°21'34"E 374.84 feet to a point;
thence S70°01'36"E 152.02 feet to a point; thence N27°56'42"E 204.92 feet to a point;
thence S52°33'35"E 168.00 feet to a point; thence S84°36'29"E 57.16 feet to a point; thence
N81°12'38"E 418.53 feet to a point standing on the northwesterly boundary of Yonna Realty,
Inc. (Now or Formerly); thence S34°21'00"W 563.41 feet along the northwesterly boundary of
Yonna Realty, Inc. to a point; thence N55°39’00”W 147.45 feet to a point; thence
N67°41’38”W 29.91 feet to a point; thence S22°18’22”W 26.20 feet to a point; thence
N67°40’34”W 102.11 feet to a point; thence S20°21’58”W 51.31 feet to a point; thence
S26°45’24”E 17.66 feet to a point; thence S34°17’21”E 60.18 feet to a point; thence
S42°48’38”E 40.24 feet to a point; thence S12°39’38”E 129.62 feet to a point; thence
S50°22’27”E 53.37 feet to a point standing on the northwesterly boundary of the lands of the
City of Troy (Eddy Lane); thence S34°21’00”W 29.19 feet along the northwesterly boundary
of the lands of the City of Troy (Eddy Lane) to the point and place of beginning.
The above described parcel containing 7.874 acres (342,969.6 sq.ft.) of land, more or less.
Subject to any easements, covenants or restrictions of record.
Res. 49
RESOLUTION OF TROY CITY COUNCIL AUTHORIZING THE SCHEDULING AND
CONDUCT OF A PUBLIC HEARING IN CONNECTION WITH LOCAL LAW TO
REVISE CHAPTER 37 ENERGIZE NY BENEFIT FINANCE PROGRAM
RESOLVED that the City Council of the City of Troy will conduct a Public Hearing in relation
to: Proposed Amendment to Chapter 37 – Energize NY Benefit Finance Program.
Public Hearing shall be held on Thursday August 22nd, 2019 at 5:30 p.m. at Council Chambers,
Troy City Hall, 433 River Street, Troy, New York.
RESOLVED, that the City Clerk shall have the following notice published in the appropriate
manner:
NOTICE OF PUBLIC HEARING
Proposed Amendment to Chapter 37 – Energize NY Benefit Finance Program..
Said Public Hearing shall be held on Thursday August 22
nd
, 2019 at 5:30 p.m. at Council
Chambers, Troy City Hall, 433 River Street, Troy, New York.
All interested parties may be heard and complete copies of proposed local law shall be made
available at the City Clerk’s office for public inspection beginning August 2, 2019
The foregoing Resolution was thereupon declared duly adopted.
Approved as to form, August 1, 2019
___________________________________
James A. Caruso, Esq., Corporation Counsel
Res. 50
RESOLUTION DETERMINING THAT PROPOSED TYPE I 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, 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
sma
ll
impact
may occur
Moderate
to large
impact may
occur
a. The proposed acti
on may involve construction on land where depth to water table is
less than 3 feet.
E2d
9
9
b. The proposed act
ion may involve construction on slopes of 15% or greater.
E2f
9
9
c. The proposed acti
on may involve construction on land where bedrock is exposed, or
generally within 5 feet of existing ground surface.
E2a
9
9
d. The proposed act
ion may involve the excavation and removal of more than 1,000 tons
of natural material.
D2a
9
9
e. The proposed acti
on may involve construction that continues for more than one year
or in multiple phases.
D1e
9
9
f. The proposed action may result in increas
ed erosion, whether from physical
disturbance or vegetation removal (including from treatment by herbicides).
D2e, D2q
9
9
g. The proposed action is, or
may be, 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 th
e specific land form(s) attached: ________________________________
___________________________________________________________________
E2g
9 9
b. The pr
oposed action may affect or is adjacent to a geological feature listed as a
registered National Natural Landmark.
Specific feature: _____________________________________________________
E3c
9
9
c. Othe
r 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 propo
sed 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 pr
oposed action may involve dredging more than 100 cubic yards of material
from a wetland or water body.
D2a
9
9
d. The propo
sed 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 propose
d action may create turbidity in a waterbody, either from upland erosion,
runoff or by disturbing bottom sediments.
D2a, D2h
9
9
f. The propo
sed action may include construction of one or more intake(s) for withdrawal
of water from surface water.
D2c
9
9
g. The pr
oposed action may include construction of one or more outfall(s) for discharge
of wastewater to surface water(s).
D2d
9
9
h. The pr
oposed 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
may affect the water quality of any water bodies within or
downstream of the site of the proposed action.
E2h
9
9
j. The pr
oposed 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
action 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 a
ction 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
may include or require wastewater discharged to groundwater.
D2d, E2l
9 9
e. The propo
sed 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 prop
osed 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
may involve the commercial application of pesticides within 100
feet of potable drinking water or irrigation sources.
E2h, D2q,
E2l, D2c
9
9
h. Other impa
cts: ______________________________________________________
__________________________________________________________________
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
action may result in development in a designated floodway.
E2i
9
9
b. The proposed action m
ay result in development within a 100 year floodplain.
E2j
9
9
c. The propo
sed action may result in development within a 500 year floodplain.
E2k
9
9
d. The propo
sed action may result in, or require, modification of existing drainage
patterns.
D2b, D2e
9
9
e. The proposed
action 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 m
ay
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 g
enerate 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 actio
n may 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
impa
ct
may occur
Moderate
to large
impact may
occur
a. The proposed acti
on 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 actio
n may 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 actio
n may 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 actio
n may 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 pr
oposed 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 p
roposed 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 pr
oposed 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. Propose
d action (commercial, industrial or recreational projects, only) involves use of
herbicides or pesticides.
D2q
9
9
j. Oth
er 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
Question(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 m
ay sever, cross or otherwise limit access to agricultural land
(includes cropland, hayfields, pasture, vineyard, orchard, etc).
E1a, Elb
9
9
c. The pr
oposed action may result in the excavation or compaction of the soil profile of
active agricultural land.
E3b
9
9
d. The pr
oposed 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 pr
oposed 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 pr
oposed project is not consistent with the adopted municipal Farmland
Protection Plan.
C2c
9
9
h. Oth
er 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. Propo
sed 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 may 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 situ
ation 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 prop
osed action may cause a diminishment of the public enjoyment and
appreciation of the designated aesthetic resource.
E3h
9
9
f. There are si
milar 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. Othe
r 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 prop
osed 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 prop
osed 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 imp
acts: ______________________________________________________
__________________________________________________________________
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
support 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 act
ion 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 ma
y result in the loss of a current or future recreational resource.
C2a, E1c,
C2c, E2q
9
9
c. The proposed action may elim
inate open space or recreational resource in an area
with few such resources.
C2a, C2c
E1c, E2q
9
9
d. The proposed action ma
y result 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 propos
ed 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 ma
y result 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 impac
ts: ______________________________________________________
__________________________________________________________________
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 propo
sed action may result in the construction of paved parking area for 500 or
more vehicles.
D2j
9
9
c. The proposed action will degrade e
xisting transit access.
D2j
9
9
d. The proposed action will degrade e
xisting 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 propo
sed action may utilize more than 2,500 MWhrs per year of electricity.
D2k
9
9
d. The proposed action
may 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 m
ay 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
may result in light shining onto adjoining properties.
D2n
9
9
e. The prop
osed action may result in lighting creating sky-glow brighter than existing
area conditions.
D2n, E1a
9
9
f. Other
impacts: ______________________________________________________
__________________________________________________________________
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 o
f the proposed action is currently undergoing remediation.
E1g, E1h
9
9
c. There is a completed em
ergency 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 m
easures 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 a
dequate 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 prop
osed action involves construction or modification of a solid waste
management facility.
D2q, E1f
9
9
h. The proposed action may result in t
he unearthing of solid or hazardous waste.
D2q, E1f
9
9
i. The proposed action ma
y result in an increase in the rate of disposal, or processing, of
solid waste.
D2r, D2s
9
9
j. The prop
osed 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
may result in the migration of explosive gases from a landfill
site to adjacent off site structures.
E1f, E1g
9
9
l. The proposed action ma
y result in the release of contaminated leachate from the
project site.
D2s, E1f,
D2r
9
9
m. Other imp
acts: ______________________________________________________
__________________________________________________________________
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
Res. 51
RESOLUTION APPROVING THE CITY OF TROY APPLICATION TO NEW YORK
STATE FOR A GRANT UNDER THE CLIMATE SMART COMMUNITIES PROGRAM
WHEREAS, the City Of Troy is applying to New York State For a Grant under the
Climate Smart Communities Program; and
WHEREAS, the City Of Troy intends to carry out the following action items toward the
certification of Climate Smart Community status: Government GHG Inventory, Community
GHG Inventory, Government Climate Action Plan, Community Climate Action Plan, Fleet
Inventory, and Fleet Efficiency Policy; and
WHEREAS, the City Of Troy is committing up to $25,000 in support funds within the
2020 city budget for the required fifty percent match funding for action items part of Climate
Smart Community Program; and
WHEREAS, the grant application requires the applicant municipality to obtain the
support and approval through resolution from the governing body of the municipality in which
the project will be located; and
NOW, THEREFORE, be it resolved that the governing body of the City of Troy hereby
does approve and endorse the application for a grant under the NYS Climate Smart Communities
Program.
Approved as to form, July 25, 2019,
_____________________________________
James A. Caruso, Corporation Counsel
Res. 52
RESOLUTION AUTHORIZING THE DEPUTY MAYOR TO EXECUTE A CONTRACT
WITH THE TANGRAM DESIGN LLC TO DESIGN TROY WAYFINDING SYSTEM
WHEREAS, the City solicited proposals from qualified vendors to undertake a design a city-wide
wayfinding system; and
WHEREAS, 7 submissions were received; and
WHEREAS a team led by Tangram Design LLC submitted a proposal in response; and
WHEREAS, Tangram Design LLC was deemed by a review committee to be the most qualified
bidder with the most realistic plan and capacity to perform this task in a timely manner;
NOW THEREFORE BE IT RESOLVED, that the City Council hereby authorizes the Deputy
Mayor to execute a contract with Tangram Design LLC, in substantial conformance with the
contract attached hereto and made a part hereof.
Approved as to form, August 1, 2019
______________________________________
James A. Caruso Esq., Corporation Counsel
Steven Strichman
Commissioner
Department of Planning and
Economic Development
Patrick Madden
Mayor
To: City Council
Re: Wayfinding: Contractor Selection
From: Steven Strichman, Commissioner of Planning and E.D.
Date: July 3, 2019
The Troy Redevelopment Foundation and the IDA have
partnered to undertake a city-wide wayfinding system.
The TRF has allocated funding for the design, and the
IDA has allocated funding for the implementation phase
which will be the subject of the next RFP following this
study.
A new wayfinding system is sought to better brand
Troy, replace existing signage, address recent
commercial growth, and to create a more welcoming
city at its gateway points. The goal of the wayfinding
system is to easily and effectively direct residents and
visitors to local destinations and parking.
Six responses were received with the following pricing.
Merje Swantak/Bosio West Chester PA
79,920
Two-Twelve Assoc. Inc NY,NY
127,400
Kerestes-Martin Associates (KMA) Carnegie PA
19,763
Id29 Troy
98,550
Tangram Design LLC Denver
60,200
AB Design Richmond VA
30,070
Guide Studio Cleveland OH
63,710
An evaluation was performed by 3 city staff, RPI, the BID and a business owner, based
on project approach, expense, relative experience, and familiarity with the area. Staff
reviewed references of the selected contractor and the board unanimously selected
Tangram as the preferred contractor.
AGREEMENT BETWEEN
THE CITY OF TROY, NEW YORK
AND
TANGRAM DESIGN, LLC
This AGREEMENT, made and entered into this ____ day of July, 2019, hereinafter called the
“AGREEMENT”, the “CONTRACT” or the “AGREEMENT & CONTRACT”, by and between the City
of Troy, New York, a municipal corporation with principal offices located at City Hall, Troy, New York,
hereinafter called the “City” and Tangram Design, LLC, with principal offices located at 878 Santa Fe
Drive – Unit 1, Denver, CO 80204 and hereinafter called the “vendor”.
WITHNESSETH:
WHEREAS, the City of Troy is desirous of obtaining the product of the Vendor and
WHEREAS, the Vendor is desirous of furnishing and delivering its product to the City and
WHEREAS, the City and the Vendor have determined to enter into this agreement and
NOW, THEREFORE, in consideration of the mutual promises and covenants herein set forth, and in
order to secure the services described below, the parties hereto, each binding itself, its respective
representatives, successors, and assigns, do mutually agree as follows:
Section 1: General Provisions:
1.1 Service to Troy The Vendor shall provide a New Comprehensive Wayfinding System as
described in the Proposal Documents hereinafter called the “DOCUMENTS”. The
system listed above shall be provided within the time frames, if any, set out in the
documents.
Section 2: Term:
2.1 Term This agreement shall commence on the _____ day of ____, 2019 and shall terminate
within Ten (10) Months from the Contract Commencement date.
Section 3: Payment for the City of Troy Wayfinding System:
3.1 Payment Payment for the City of Troy Wayfinding System under this Agreement, the City shall
pay Tangram Design, LLC the amount of Sixty Thousand and Two Hundred Dollars
($60,200.00).
3.2 Executory Clause In accordance with Section 41 of the State Finance Law, the City shall have no
liability under this Contract to the Vendor or to anyone else beyond funds appropriated
and available for this Contract.
3.3 Non Assignment Clause In accordance with Section 138 of the State Finance Law, this
Agreement may not be assigned by the Vendor or its right, title or interest therein
assigned, transferred conveyed, sublet or otherwise disposed of without the previous
consent, in writing, of the City and any attempts to assign the Contract without the City’s
written consent are null and void. The Vendor may, however, assign its right to receive
payment without the City’s prior written consent unless this Contract concerns
Certificates of Participation pursuant to Article 5-A of the State Finance Law.
Section 4: Workers’ Compensation Benefits:
4.1 Workers’ Compensation Benefits
In accordance with Section 142 of the State Finance Law, this Contract shall be void and
of no force and effect unless the Vendor shall provide and maintain coverage during the
life of this contract for the benefit of such employees as are required to be covered by the
provisions of the Workers’ Compensation Law.
Section 5: Non Discrimination Requirements:
5.1 Non Discrimination Requirements
In accordance with Article 15 of the Executive Law ( also known as the Human Rights
Law ) and all other State and Federal statutory and constitutional non-discrimination
provisions, the Vendor will not discriminate against any employee or applicant for
employment because of race, creed, color, sex, national origin, age, disability or marital
status. Furthermore, in accordance with Section 220-c of the Labor Law, if this is a
contract for the construction, alteration or repair of any public building or public work for
the manufacture, sale or distribution of materials, equipment or supplies, and to the extent
that this Contract shall be performed within the State of New York, Vendor agrees that
neither it nor its subcontractors shall, by reason of race, creed, color, disability, sex or
national origin: (a) discriminate in hiring against any New York State citizen who is
qualified and available to perform the work; or (b) discriminate against or intimidate any
employee hired for the performance of work under this Contract. If this is a building
service contract as defined in Section 230 of the Labor Law, then, in accordance with
Section 239 thereof, Vendor agrees that neither it nor its subcontractors shall by reason of
race, creed, color, national origin, age, sex, or disability: (a) discriminate in hiring against
any New York State citizen who is qualified and available to perform the work; or (b)
discriminate against or intimidate any employee hired for the performance of work under
this Contract. Vendor is subject to fines of $50.00 per person per day for any violation of
Section 220-e or Section 229 as well as possible termination of this contract and
forfeiture of all moneys due hereunder for a second or subsequent violation.
Section 6: Wage and Hours Provision:
6.1 Wage and Hours Provisions
If this is a public work contract covered by Article 8 of the Labor Law or a building
service contract covered by Article 9 thereof, neither Vendors employees nor the
employees of its subcontractors may be required or permitted to work more than the
number of hours or days stated in said statutes, except as otherwise provided in the Labor
Law and as set forth in prevailing wage and supplement schedules issued by the State
Labor Department. Furthermore, Vendor and its subcontractors must pay at least the
prevailing wage rate and pay or provide the prevailing supplements, including the
premium rates for overtime pay, as determined by the State Labor Department in
accordance with the Labor Law.
Section 7: Non-Collusive Requirement:
7.1 Non-Collusive Requirement
In accordance with Section 139-d of the State Finance Law, if this Contract was awarded
based upon the submission of proposals, Vendor warrants, under penalty of perjury, that
its proposal was arrived at independently and without collusion aimed at restricting
competition. Vendor further warrants that, at the time Vendor submitted its proposal, an
authorized and responsible person executed and delivered to the City a non-collusion
bidding certificate on Vendor’s behalf.
Section 8: Identifying Information and Privacy Notification:
8.1 Federal Employer Identification Number and/or Federal Social Security Number
All invoices or City of Troy standard vouchers submitted for payment for the sale of
goods or services or the lease of real or personal property to the City must include the
payee’s identification number, i.e., the seller’s or lessor’s identification number. The
number is either the payee’s Federal employer identification number or Federal social
security number when the payee has both such numbers. Failure to include this number
or numbers may delay payment. Where the payee does have such number or numbers,
the payee, on its invoice or City of Troy standard voucher, must give the reason or
reasons why the payee does not have such number or numbers.
Section 9: Equal Employment Opportunities for Minorities and Women:
9.1 (a) In accordance with Section 312 of the Executive law:
The vendor will not discriminate against employees or applicants for employment
because of race, creed, color, national origin, sex, age, disability or marital status, and
will undertake or continue existing programs of affirmative action to ensure that minority
group members and women are afforded equal employment opportunities without
discrimination. Affirmative action shall mean recruitment, employment, job assignment,
promotion, upgradings, demotion, transfer, layoff, or termination and rates of pay or
other forms of compensation.
9.1 (b) In accordance with Section 312 of the Executive law:
At the request of the City, the Vendor shall request each employment agency, labor
union, or authorized representative of workers with which it has a collective bargaining
or other agreement or understanding, to furnish a written statement that such
employment agency, labor union or representative will not discriminate on the basis of
race, creed, color, national origin, sex, age, disability or marital status and that such union
or representative will affirmatively cooperate in the implementation of the Vendor’s
obligations herein; and the Vendor shall state in all solicitations or advertisements for
employees, that, in the performance of the State contract, all qualified applicants will be
afforded equal employment opportunities without discrimination because of race, creed,
color, national origin, sex, age, disability or marital status.
Section 10: Conflicting Terms:
10.1 Conflicting Terms In the event of a conflict between the terms of the Contract (including any and all
attachments thereto and amendments thereof ) and the terms of this Appendix A, the
terms of this Appendix A shall control.
Section 11: Governing Law:
11.1 Governing Law This Contract shall be governed by the laws of the State of New York except
where the Federal supremacy clause requires otherwise.
Section 12: Service of Process:
12.1 Service of Process In addition to the methods of service allowed by the State Civil Practice Law &
Rules (“CPLR”), Vendor hereby consents to service of process upon it by registered or
certified mail, return receipt requested. Service hereunder shall be complete upon
Vendor’s actual receipt of process or upon the State’s receipt of the return thereof by the
United States Postal Service as refused or undeliverable. Vendor must promptly notify
the City, in writing, of each and every change of address to which service of process can
be made. Service by the City to the last known address shall be sufficient. Vendor will
have thirty (30) calendar days after service hereunder is complete in which to respond.
Section 13: Miscellaneous Provisions:
13.1 Amendment Amendment of the provisions, terms and conditions of this Contract shall be
modified, amended, waived or additional terms entered into only upon mutual agreement
in writing between both parties.
Section 14: Insurance:
The selected proposer will be required to procure and maintain at their own expense the following
insurance coverage:
1. Commercial general liability and contractual liability on an occurrence basis with the
following limits of coverage: bodily injury, property damage and personal injury, One
Million Dollars ($1,000,000) each occurrence/Two Million Dollars ($2,000,000) general
aggregate.
2. Professional Liability/Errors & Omissions of at least One Million Dollars ($1,000,000) each
occurrence/Two Million Dollars ($2,000,000) aggregate (If applicable).
3. Workers compensation insurance as required by law and including employer's liability
insurance. Statutory disability benefits insurance as may be required by law.
4. Comprehensive Automobile Liability coverage on owned, hired, leased, or Non-owned autos
with limits not less than One Million Dollars ($1,000,000) combined for each accident
because of bodily injury sickness, or disease, sustained by any person, caused by accident,
and arising out of the ownership, maintenance or use of any automobile for damage because
of injury to or destruction of property, including the loss of use thereof, caused by accident
and arising out of the ownership, maintenance or use of any automobile.
5. Commercial umbrella coverage of Five Million Dollars ($5,000,000).
Each policy of insurance required shall be in form and content satisfactory to the City Corporation
Counsel, and shall provide that:
1. The City of Troy is named additional insured on a primary and non- contributing basis.
2. The insurance policies shall not be changed or cancelled until the expiration of thirty (30)
days after written notice to the City of Troy Corporation Counsel’s Office.
3. The insurance policies shall be automatically renewed upon expiration and continued in force
unless the City of Troy Corporation Counsel's Office is given sixty (60) days written notice to
the contrary.
No work shall be commenced under the contract until the selected proposer has delivered
to the City or his/her designee proof of issuance of all policies of insurance required by
the Contract to be procured by the selected proposer. If at any time, any of said
policies shall be or become unsatisfactory to the City, the selected proposer shall
promptly obtain a new policy and submit proof of insurance of the same to the City for
approval. Upon failure of the selected proposer to furnish, deliver and maintain such
insurance as above provided, this Contract may, at the election of the City, be forthwith
declared suspended, discontinued or terminated. Failure of the selected proposer to
procure and maintain any required insurance shall not relieve the selected proposer from
any liability under the Contract, nor shall the insurance requirements be constructed to
conflict with the obligations of the selected proposer concerning indemnification.
Section 15: Termination For Cause:
The City of Troy reserves the right to terminate this contract at any time for cause. The violation of any
provision or condition contained in this contract, or the refusal, failure, or inability to
carry out any provisions of this contract shall constitute sufficient grounds to terminate
this contract for cause. Should The City of Troy elect to terminate this contract for cause,
The City of Troy will notify the Contractor 10 days prior to the termination date and shall
specify the cause for termination as well as the date the termination shall be effective.
This termination notice will be issued via a written letter sent by certified U.S. mail.
Immediate dismissals may be executed if deemed necessary by The City of Troy.
Section 16: Termination Without Cause:
The City of Troy may terminate this contract without cause. Written notice of termination must be sent
via certified U.S. mail no later than thirty (30) days prior to the termination date.
IN WITNESS WHERE OF, the parties have executed this Contract/Agreement on the day and year first
written above.
Approved as to form: City of Troy, New York
By:_________________ By:__________________
James A. Caruso Wm. Patrick Madden
Corporation Counsel Mayor
Tangram Design, LLC
By:_____________________________
Printed Name:____________________
Title:____________________________
STATE OF NEW YORK )
COUNTY OF RENSSELAER ) SS:
CITY OF TROY )
On this ___________ day of __________________, 2019 , before me, the undersigned, personally
appeared Wm. Patrick Madden, Mayor of the City of Troy, New York, personally known to me or
proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to
the within instrument and acknowledged to me that he executed the same in his capacity, and that,
by his signature on this instrument, the individual, or the person upon behalf of which the
individual acted, executed this instrument.
______________________________________________________
NOTARY PUBLIC: STATE OF NEW YORK
Res. 53
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 1, 2019 to August 1, 2021.
Robert J. Doherty
1585 Tibbits Avenue
Troy, NY 12180
Approved as to form, August 2, 2019
______________________________________
James A. Caruso, Esq., Corporation Counsel
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