Fill - Free fillable TROY CITY COUNCIL FINANCE COMMITTEE AGENDA July 25, (City of Troy, NY) PDF form

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.

Authority – the 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 Act – Article 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.

Municipality – the 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.

Program – the 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.

RPTL – the 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.

State – the 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

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.

Original

Change

Revised

Department

Account No. Description Budget* ( + / - ) 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

0.00

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

$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

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

Change

Revised

Department

Account No. Description Budget* ( + / - ) Budget Reference

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

0.00

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 Transfers – Water 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

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

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

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

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

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.

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

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

EXHIBIT A

Description of the Property

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

, 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

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

b. The proposed act

ion may involve construction on slopes of 15% or greater.

E2f

c. The proposed acti

on may involve construction on land where bedrock is exposed, or

generally within 5 feet of existing ground surface.

E2a

d. The proposed act

ion may involve the excavation and removal of more than 1,000 tons

of natural material.

D2a

e. The proposed acti

on may involve construction that continues for more than one year

or in multiple phases.

D1e

f. The proposed action may result in increas

ed erosion, whether from physical

disturbance or vegetation removal (including from treatment by herbicides).

D2e, D2q

g. The proposed action is, or

may be, located within a Coastal Erosion hazard area.

B1i

h. Other impacts: _

______________________________________________________

___________________________________________________________________

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

c. Othe

r impacts: ______________________________________________________

___________________________________________________________________

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

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

c. The pr

oposed action may involve dredging more than 100 cubic yards of material

from a wetland or water body.

D2a

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

e. The propose

d action may create turbidity in a waterbody, either from upland erosion,

runoff or by disturbing bottom sediments.

D2a, D2h

f. The propo

sed action may include construction of one or more intake(s) for withdrawal

of water from surface water.

D2c

g. The pr

oposed action may include construction of one or more outfall(s) for discharge

of wastewater to surface water(s).

D2d

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

i. The proposed action

may affect the water quality of any water bodies within or

downstream of the site of the proposed action.

E2h

j. The pr

oposed action may involve the application of pesticides or herbicides in or

around any water body.

D2q, E2h

k. The proposed action may require the construction of new, or expansion of existing,

wastewater treatment facilities.

D1a, D2d

✔

Page 3 of 10

l. Other impacts: __

_____________________________________________________

___________________________________________________________________

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

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

c. The proposed action may allow or result in residential uses in areas without water and

sewer services.

D1a, D2c

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

f. The prop

osed action may require the bulk storage of petroleum or chemical products

over ground water or an aquifer.

D2p, E2l

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

h. Other impa

cts: ______________________________________________________

__________________________________________________________________

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

b. The proposed action m

ay result in development within a 100 year floodplain.

E2j

c. The propo

sed action may result in development within a 500 year floodplain.

E2k

d. The propo

sed action may result in, or require, modification of existing drainage

patterns.

D2b, D2e

e. The proposed

action may change flood water flows that contribute to flooding.

D2b, E2i,

E2j, E2k

If there is a dam located on the site of the proposed action, is the dam in need of repair,

or upgrade?

E1e

✔

Page 4 of 10

g. Other impacts: ______________________________________________________

___________________________________________________________________

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

also emit one or more greenhouse gases at or above the following levels:

i. More than 1000 tons/year of carbon dioxide (CO

)

ii. More than 3.5 tons/year of nitrous oxide (N

iii. More than 1000 tons/year of carbon equivalent of perfluorocarbons (PFCs)

iv. More than .045 tons/year of sulfur hexafluoride (SF

)

v. More than 1000 tons/year of carbon dioxide equivalent of

hydrochloroflourocarbons (HFCs) emissions

vi. 43 tons/year or more of methane

D2g

D2h

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

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

The proposed action may reach 50% of any of the thresholds in “a” through “c”,

above.

D2g

e. The proposed actio

n may result in the combustion or thermal treatment of more than 1

ton of refuse per hour.

D2s

f. Other impacts: _____

_________________________________________________

__________________________________________________________________

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

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

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

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

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

✔

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

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

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

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

i. Propose

d action (commercial, industrial or recreational projects, only) involves use of

herbicides or pesticides.

D2q

j. Oth

er impacts: ______________________________________________________

__________________________________________________________________

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

c. The pr

oposed action may result in the excavation or compaction of the soil profile of

active agricultural land.

E3b

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

e. The pr

oposed action may disrupt or prevent installation of an agricultural land

management system.

El a, E1b

f. The proposed

action may result, directly or indirectly, in increased development

potential or pressure on farmland.

C2c, C3,

D2c, D2d

g. The pr

oposed project is not consistent with the adopted municipal Farmland

Protection Plan.

C2c

h. Oth

er impacts: ________________________________________________________

✔

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

b. The proposed

action may result in the obstruction, elimination or significant

screening of one or more officially designated scenic views.

E3h, C2b

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

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

e. The prop

osed action may cause a diminishment of the public enjoyment and

appreciation of the designated aesthetic resource.

E3h

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

g. Othe

r impacts: ______________________________________________________

__________________________________________________________________

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

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

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

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: ______________________________________________________

__________________________________________________________________

If any of the above (a-d) are answered “Moderate to large impact may

occur”, continue with

the following questions to

hel

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

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

b. The proposed action ma

y result in the loss of a current or future recreational resource.

C2a, E1c,

C2c, E2q

c. The proposed action may elim

inate open space or recreational resource in an area

with few such resources.

C2a, C2c

E1c, E2q

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

e. Other impacts: _

____________________________________________________

_________________________________________________________________

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

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

c. Other impac

ts: ______________________________________________________

__________________________________________________________________

✔

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

b. The propo

sed action may result in the construction of paved parking area for 500 or

more vehicles.

D2j

c. The proposed action will degrade e

xisting transit access.

D2j

d. The proposed action will degrade e

xisting pedestrian or bicycle accommodations.

D2j

The proposed action may alter the present pattern of movement of people or goods.

D2j

f. Other impacts: ______________________________________________________

__________________________________________________________________

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

d. The proposed action

may involve heating and/or cooling of more than 100,000 square

feet of building area when completed.

D1g

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

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

c. The proposed action may result in routine odors for more than one hour per day. D2o

✔

Page 9 of 10

d. The proposed action

may result in light shining onto adjoining properties.

D2n

e. The prop

osed action may result in lighting creating sky-glow brighter than existing

area conditions.

D2n, E1a

f. Other

impacts: ______________________________________________________

__________________________________________________________________

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

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

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

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

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

g. The prop

osed action involves construction or modification of a solid waste

management facility.

D2q, E1f

h. The proposed action may result in t

he unearthing of solid or hazardous waste.

D2q, E1f

i. The proposed action ma

y result in an increase in the rate of disposal, or processing, of

solid waste.

D2r, D2s

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

k. The proposed action

may result in the migration of explosive gases from a landfill

site to adjacent off site structures.

E1f, E1g

l. The proposed action ma

y result in the release of contaminated leachate from the

project site.

D2s, E1f,

D2r

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

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%.

c. The proposed action is inconsistent with local land use plans or zoning regulations.

C2, C2, C3

d. The proposed action is inconsistent with any County plans, or other regional land use

plans.

C2, C2

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

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

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: _____________________________________________________________

__________________________________________________________________

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

b. The proposed action may create a demand for additional community services (e.g.

schools, police and fire)

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

d. The proposed action may interfere with the use or enjoyment of officially recognized

or designated public resources.

C2, E3

e. The proposed action is inconsistent with the predominant architectural scale and

character.

C2, C3

f. Proposed action is inconsistent with the character of the existing natural landscape.

C2, C3

E1a, E1b

E2g, E2h

g. Other impacts: ______________________________________________________

__________________________________________________________________

✔

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 Vendor’s 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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TROY CITY COUNCIL FINANCE COMMITTEE AGENDA July 25, (City of Troy, NY)

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