TROY CITY COUNCIL
SPECIAL MEETING AGENDA
August 22, 2019
7:30 P.M.
The Polish-American Club
507 1st Street, Troy, NY 12180
Pledge of Allegiance
Roll Call
Public Forum
LOCAL LAWS
ORDINANCES
78. Ordinance Authorizing The City To Create A Capital Project And Amending The Capital
Projects Fund Budget To Allow Funding For Said Capital Project (Council President Mantello)
(At The Request Of The Administration) **Pending Finance Meeting, August 22
RESOLUTIONS
50. Resolution Determining That Proposed Unlisted Action Shall Have No Significant Adverse
Impacts On The Environment (Council President Mantello) (At The Request Of The
Administration) **Pending Finance Meeting, August 22
58. Resolution Classifying Action To Undertake A Certain Project As A Type II Action Not
Subject To SEQR Review (Council President Mantello) (At The Request Of The Administration)
**Pending Finance Meeting, August 22
59. Resolution Of The City Of Troy, New York Authorizing The Negotiation, Execution And
Delivery Of Energy Performance Contracts And Related Lease/Purchase Agreements With
Siemens Industry, Inc., Building Technologies Division For Conversion Of Street Lights To
LED And For Energy Savings Improvements To City-Owned Buildings (Council President
Mantello) (At The Request Of The Administration) **Pending Finance Meeting, August 22
60 Resolution Appointing Commissioners Of Deeds For The City Of Troy (Council President
Mantello) **Pending Finance Meeting, August 22
ORD78
ORDINANCE AUTHORIZING THE CITY TO CREATE A CAPITAL PROJECT AND
AMENDING THE CAPITAL PROJECTS FUND BUDGET TO ALLOW FUNDING FOR
SAID CAPITAL PROJECT
The City of Troy, convened in City Council, ordains as follows:
Section 1. The establishment of a Capital Project entitled “Siemens Energy Improvements
Section 2. The City of Troy 2019 budget is herein amended as set forth in Schedule A
entitled:
September 2019 Budget Amendments – Siemens Energy Improvements
which is attached hereto and made a part hereof
Section 3. This act will take effect immediately.
Approved as to form August 22, 2019
James A. Caruso, Corporation Counsel
ORD78
MEMO IN SUPPORT
This ordinance authorizes the creations and establishes the project budget for the Siemens project
with the funding being provided from the installment purchase agreement resolution included
within this agenda.
ORD78
Original
Change
Revised
Department
Account No. Description Budget* ( + / - ) Budget
Siemens Energy Improvements H.0000.5785.0656.0000 Installment Purchase Debt 0.00 14,400,000.00 14,400,000.00
14,400,000.00
Siemens Energy Improvements H.1620.0204.0656.0000 Facilities Upgrade / Improvements 0.00 14,400,000.00 14,400,000.00
14,400,000.00
0.00
Schedule A
September 2019 Budget Amendments – Siemens Energy Improvements
* Or as previously amended
Net Impact On Capital Projects Fund
Revenues
Expenditures
Res. 50
RESOLUTION DETERMINING THAT PROPOSED UNLISTED ACTION SHALL
HAVE NO SIGNIFICANT ADVERSE IMPACTS ON THE ENVIRONMENT
WHEREAS, the City Council of the City of Troy, New York (the “City”) is considering
undertaking the lease of the Scolite Parcel located on Madison Street, East of the Hudson River
and South of the Poestenkill; and
WHEREAS, pursuant to the New York State Environmental Quality Review Act (the
“SEQR Act”) and the regulations adopted pursuant thereto by the Department of Environmental
Conservation of the State of New York, being 6 NYCRR Part 617, as amended (the
“Regulations”), the City desires to comply with the SEQR Act and the Regulations with respect
to the Project;
NOW, THEREFORE, BE IT RESOLVED BY THE MEMBERS OF THE CITY
COUNCIL OF THE CITY OF TROY, NEW YORK AS FOLLOWS:
1. The lease constitutes an “Unlisted Action” under 6 NYCRR § 617
2. A Long Environmental Assessment form has been completed and reviewed and it
is the determination of the City Council that the action will have no significant adverse impacts
on the environment.
The foregoing Resolution was thereupon declared duly adopted.
Approved as to form, August 1, 2019.
___________________________________
James A. Caruso, Esq., Corporation Counsel
Page 1 of 10
Full Environmental Assessment Form
Part 2 - Identification of Potential Project Impacts
Part 2 is to be completed by the lead agency. Part 2 is designed to help the lead agency inventory all potential resources that could
be affected by a proposed project or action. We recognize that the lead agency=s reviewer(s) will not necessarily be environmental
professionals. So, the questions are designed to walk a reviewer through the assessment process by providing a series of questions that
can be answered using the information found in Part 1. To further assist the lead agency in completing Part 2, the form identifies the
most relevant questions in Part 1 that will provide the information needed to answer the Part 2 question. When Part 2 is completed, the
lead agency will have identified the relevant environmental areas that may be impacted by the proposed activity.
If the lead agency is a state agency and the action is in any Coastal Area, complete the Coastal Assessment Form before proceeding
with this assessment.
Tips for completing Part 2:
Review all of the information provided in Part 1.
Review any application, maps, supporting materials and the Full EAF Workbook.
Answer each of the 18 questions in Part 2.
If you answer Yes” to a numbered question, please complete all the questions that follow in that section.
If you answer No” to a numbered question, move on to the next numbered question.
Check appropriate column to indicate the anticipated size of the impact.
Proposed projects that would exceed a numeric threshold contained in a question should result in the reviewing agency
checking the box “Moderate to large impact may occur.”
The reviewer is not expected to be an expert in environmental analysis.
If you are not sure or undecided about the size of an impact, it may help to review the sub-questions for the general
question and consult the workbook.
When answering a question consider all components of the proposed activity, that is, the Awhole action@.
Consider the possibility for long-term and cumulative impacts as well as direct impacts.
Answer the question in a reasonable manner considering the scale and context of the project.
1. Impact on Land
Proposed action may involve construction on, or physical alteration of, NO YES
the land surface of the proposed site. (See Part 1. D.1)
If “Yes”, answer questions a - j. If “No”, move on to Section 2.
Relevant
Part I
Question(s)
No, or
sma
ll
impact
may occur
Moderate
to large
impact may
occur
a. The proposed acti
on may involve construction on land where depth to water table is
less than 3 feet.
E2d
9
9
b. The proposed act
ion may involve construction on slopes of 15% or greater.
E2f
9
9
c. The proposed acti
on may involve construction on land where bedrock is exposed, or
generally within 5 feet of existing ground surface.
E2a
9
9
d. The proposed act
ion may involve the excavation and removal of more than 1,000 tons
of natural material.
D2a
9
9
e. The proposed acti
on may involve construction that continues for more than one year
or in multiple phases.
D1e
9
9
f. The proposed action may result in increas
ed erosion, whether from physical
disturbance or vegetation removal (including from treatment by herbicides).
D2e, D2q
9
9
g. The proposed action is, or
may be, located within a Coastal Erosion hazard area.
B1i
9
9
h. Other impacts: _
______________________________________________________
___________________________________________________________________
9
9
Agency Use Only [If applicable]
Project :
Date :
FEAF 2019
Page 2 of 10
2. Impact on Geological Features
The proposed action may result in the modification or destruction of, or inhibit
access to, any unique or unusual land forms on the site (e.g., cliffs, dunes, NO YES
minerals, fossils, caves). (See Part 1. E.2.g)
If “Yes”, answer questions a - c. If “No”, move on to Section 3.
Relevant
Part I
Question(s)
No, or
small
impact
may occur
Moderate
to large
impact may
occur
a. Identify th
e specific land form(s) attached: ________________________________
___________________________________________________________________
E2g
9 9
b. The pr
oposed action may affect or is adjacent to a geological feature listed as a
registered National Natural Landmark.
Specific feature: _____________________________________________________
E3c
9
9
c. Othe
r impacts: ______________________________________________________
___________________________________________________________________
9
9
3. Impacts on Surface Water
The proposed action may affect one or more wetlands or other surface water NO YES
bodies (e.g., streams, rivers, ponds or lakes). (See Part 1. D.2, E.2.h)
If “Yes”, answer questions a - l. If “No”, move on to Section 4.
Relevant
Part I
Question(s)
No, or
small
impact
may occur
Moderate
to large
impact may
occur
a. The proposed action may create a new water body.
D2b, D1h
9
9
b. The propo
sed action may result in an increase or decrease of over 10% or more than a
10 acre increase or decrease in the surface area of any body of water.
D2b
9
9
c. The pr
oposed action may involve dredging more than 100 cubic yards of material
from a wetland or water body.
D2a
9
9
d. The propo
sed action may involve construction within or adjoining a freshwater or
tidal wetland, or in the bed or banks of any other water body.
E2h
9
9
e. The propose
d action may create turbidity in a waterbody, either from upland erosion,
runoff or by disturbing bottom sediments.
D2a, D2h
9
9
f. The propo
sed action may include construction of one or more intake(s) for withdrawal
of water from surface water.
D2c
9
9
g. The pr
oposed action may include construction of one or more outfall(s) for discharge
of wastewater to surface water(s).
D2d
9
9
h. The pr
oposed action may cause soil erosion, or otherwise create a source of
stormwater discharge that may lead to siltation or other degradation of receiving
water bodies.
D2e
9
9
i. The proposed action
may affect the water quality of any water bodies within or
downstream of the site of the proposed action.
E2h
9
9
j. The pr
oposed action may involve the application of pesticides or herbicides in or
around any water body.
D2q, E2h
9
9
k. The proposed action may require the construction of new, or expansion of existing,
wastewater treatment facilities.
D1a, D2d
9
9
Page 3 of 10
l. Other impacts: __
_____________________________________________________
___________________________________________________________________
9
9
4. Impact on groundwater
The proposed action may result in new or additional use of ground water, or NO YES
may have the potential to introduce contaminants to ground water or an aquifer.
(See Part 1. D.2.a, D.2.c, D.2.d, D.2.p, D.2.q, D.2.t)
If “Yes”, answer questions a - h. If “No”, move on to Section 5.
Relevant
Part I
Question(s)
No, or
small
impact
may occur
Moderate
to large
impact may
occur
a. The proposed
action may require new water supply wells, or create additional demand
on supplies from existing water supply wells.
D2c
9
9
b. Water supply demand from the proposed a
ction may exceed safe and sustainable
withdrawal capacity rate of the local supply or aquifer.
Cite Source: ________________________________________________________
D2c
9
9
c. The proposed action may allow or result in residential uses in areas without water and
sewer services.
D1a, D2c
9
9
d. The proposed action
may include or require wastewater discharged to groundwater.
D2d, E2l
9 9
e. The propo
sed action may result in the construction of water supply wells in locations
where groundwater is, or is suspected to be, contaminated.
D2c, E1f,
E1g, E1h
9
9
f. The prop
osed action may require the bulk storage of petroleum or chemical products
over ground water or an aquifer.
D2p, E2l
9
9
g. The proposed action
may involve the commercial application of pesticides within 100
feet of potable drinking water or irrigation sources.
E2h, D2q,
E2l, D2c
9
9
h. Other impa
cts: ______________________________________________________
__________________________________________________________________
9
9
5. Impact on Flooding
The proposed action may result in development on lands subject to flooding. NO YES
(See Part 1. E.2)
If “Yes”, answer questions a - g. If “No”, move on to Section 6.
Relevant
Part I
Question(s)
No, or
small
impact
may occur
Moderate
to large
impact may
occur
a. The proposed
action may result in development in a designated floodway.
E2i
9
9
b. The proposed action m
ay result in development within a 100 year floodplain.
E2j
9
9
c. The propo
sed action may result in development within a 500 year floodplain.
E2k
9
9
d. The propo
sed action may result in, or require, modification of existing drainage
patterns.
D2b, D2e
9
9
e. The proposed
action may change flood water flows that contribute to flooding.
D2b, E2i,
E2j, E2k
9
9
f.
If there is a dam located on the site of the proposed action, is the dam in need of repair,
or upgrade?
E1e
9
9
Page 4 of 10
g. Other impacts: ______________________________________________________
___________________________________________________________________
9
9
6. Impacts on Air
NO YES The proposed action may include a state regulated air emission source.
(See Part 1. D.2.f., D.2.h, D.2.g)
If “Yes”, answer questions a - f. If “No”, move on to Section 7.
Relevant
Part I
Question(s)
No, or
small
impact
may occur
Moderate
to large
impact may
occur
a. If the proposed action requires federal or state air emission permits, the action m
ay
also emit one or more greenhouse gases at or above the following levels:
i. More than 1000 tons/year of carbon dioxide (CO
2
)
ii. More than 3.5 tons/year of nitrous oxide (N
2
O)
iii. More than 1000 tons/year of carbon equivalent of perfluorocarbons (PFCs)
iv. More than .045 tons/year of sulfur hexafluoride (SF
6
)
v. More than 1000 tons/year of carbon dioxide equivalent of
hydrochloroflourocarbons (HFCs) emissions
vi. 43 tons/year or more of methane
D2g
D2g
D2g
D2g
D2g
D2h
9
9
9
9
9
9
9
9
9
9
9
9
b. The proposed action may g
enerate 10 tons/year or more of any one designated
hazardous air pollutant, or 25 tons/year or more of any combination of such hazardous
air pollutants.
D2g
9
9
c. The proposed action may require a state air registration, or may produce an emissions
rate of total contaminants that may exceed 5 lbs. per hour, or may include a heat
source capable of producing more than 10 million BTU=s per hour.
D2f, D2g
9
9
d.
The proposed action may reach 50% of any of the thresholds in “a” through “c”,
above.
D2g
9
9
e. The proposed actio
n may result in the combustion or thermal treatment of more than 1
ton of refuse per hour.
D2s
9
9
f. Other impacts: _____
_________________________________________________
__________________________________________________________________
9
9
7. Impact on Plants and Animals
The proposed action may result in a loss of flora or fauna. (See Part 1. E.2. m.-q.) NO YES
If “Yes”, answer questions a - j. If “No”, move on to Section 8.
Relevant
Part I
Question(s)
No, or
small
impa
ct
may occur
Moderate
to large
impact may
occur
a. The proposed acti
on may cause reduction in population or loss of individuals of any
threatened or endangered species, as listed by New York State or the Federal
government, that use the site, or are found on, over, or near the site.
E2o
9
9
b. The proposed actio
n may result in a reduction or degradation of any habitat used by
any rare, threatened or endangered species, as listed by New York State or the federal
government.
E2o
9
9
c. The proposed actio
n may cause reduction in population, or loss of individuals, of any
species of special concern or conservation need, as listed by New York State or the
Federal government, that use the site, or are found on, over, or near the site.
E2p
9
9
d. The proposed actio
n may result in a reduction or degradation of any habitat used by
any species of special concern and conservation need, as listed by New York State or
the Federal government.
E2p
9
9
Page 5 of 10
e. The pr
oposed action may diminish the capacity of a registered National Natural
Landmark to support the biological community it was established to protect.
E3c
9
9
f. The p
roposed action may result in the removal of, or ground disturbance in, any
portion of a designated significant natural community.
Source: ____________________________________________________________
E2n
9
9
g. The proposed action may substantially interfere with nesting/breeding, foraging, or
over-wintering habitat for the predominant species that occupy or use the project site.
E2m
9
9
h. The pr
oposed action requires the conversion of more than 10 acres of forest,
grassland or any other regionally or locally important habitat.
Habitat type & information source: ______________________________________
__________________________________________________________________
E1b
9
9
i. Propose
d action (commercial, industrial or recreational projects, only) involves use of
herbicides or pesticides.
D2q
9
9
j. Oth
er impacts: ______________________________________________________
__________________________________________________________________
9
9
8. Impact on Agricultural Resources
The proposed action may impact agricultural resources. (See Part 1. E.3.a. and b.) NO YES
If “Yes”, answer questions a - h. If “No”, move on to Section 9.
Relevant
Part I
Question(s)
No, or
small
impact
may occur
Moderate
to large
impact may
occur
a. The proposed action may impact soil classified within soil group 1 through 4 of the
NYS Land Classification System.
E2c, E3b
9 9
b. The proposed action m
ay sever, cross or otherwise limit access to agricultural land
(includes cropland, hayfields, pasture, vineyard, orchard, etc).
E1a, Elb
9
9
c. The pr
oposed action may result in the excavation or compaction of the soil profile of
active agricultural land.
E3b
9
9
d. The pr
oposed action may irreversibly convert agricultural land to non-agricultural
uses, either more than 2.5 acres if located in an Agricultural District, or more than 10
acres if not within an Agricultural District.
E1b, E3a
9
9
e. The pr
oposed action may disrupt or prevent installation of an agricultural land
management system.
El a, E1b
9
9
f. The proposed
action may result, directly or indirectly, in increased development
potential or pressure on farmland.
C2c, C3,
D2c, D2d
9
9
g. The pr
oposed project is not consistent with the adopted municipal Farmland
Protection Plan.
C2c
9
9
h. Oth
er impacts: ________________________________________________________
9
9
Page 6 of 10
9. Impact on Aesthetic Resources
The land use of the proposed action are obviously different from, or are in NO YES
sharp contrast to, current land use patterns between the proposed project and
a scenic or aesthetic resource. (Part 1. E.1.a, E.1.b, E.3.h.)
If “Yes”, answer questions a - g. If “No”, go to Section 10.
Relevant
Part I
Question(s)
No, or
small
impact
may occur
Moderate
to large
impact may
occur
a. Propo
sed action may be visible from any officially designated federal, state, or local
scenic or aesthetic resource.
E3h
9
9
b. The proposed
action may result in the obstruction, elimination or significant
screening of one or more officially designated scenic views.
E3h, C2b
9
9
c. The proposed
action may be visible from publicly accessible vantage points:
i. Seasonally (e.g., screened by summer foliage, but visible during other seasons)
ii. Year round
E3h
9
9
9
9
d. The situ
ation or activity in which viewers are engaged while viewing the proposed
action is:
i. Routine travel by residents, including travel to and from work
ii. Recreational or tourism based activities
E3h
E2q,
E1c
9
9
9
9
e. The prop
osed action may cause a diminishment of the public enjoyment and
appreciation of the designated aesthetic resource.
E3h
9
9
f. There are si
milar projects visible within the following distance of the proposed
project:
0-1/2 mile
½ -3 mile
3-5 mile
5+ mile
D1a, E1a,
D1f, D1g
9
9
g. Othe
r impacts: ______________________________________________________
__________________________________________________________________
9
9
10. Impact on Historic and Archeological Resources
The proposed action may occur in or adjacent to a historic or archaeological NO YES
resource. (Part 1. E.3.e, f. and g.)
If “Yes”, answer questions a - e. If “No”, go to Section 11.
Relevant
Part I
Question(s)
No, or
small
impact
may occur
Moderate
to large
impact may
occur
E3e
9
9
b. The prop
osed action may occur wholly or partially within, or substantially contiguous
to, an area designated as sensitive for archaeological sites on the NY State Historic
Preservation Office (SHPO) archaeological site inventory.
E3f
9
9
c. The prop
osed action may occur wholly or partially within, or substantially contiguous
to, an archaeological site not included on the NY SHPO inventory.
Source: ____________________________________________________________
E3g
9
9
a. The proposed action may occur wholly or partially within, or substantially contiguous
to, any buildings, archaeological site or district which is listed on the
National or
State Register of Historical Places, or that has been determined by the Commissioner
of the NYS Office of Parks, Recreation and Historic Preservation to be eligible for
listing on the State Register of Historic Places.
Page 7 of 10
d. Other imp
acts: ______________________________________________________
__________________________________________________________________
9
9
e.
If any of the above (a-d) are answeredModerate to large impact may
occur”, continue with
the following questions to
hel
p
support conclusions in Part 3:
i. The proposed action may result in the destruction or alteration of all or part
of the site or property.
ii. The proposed action may result in the alteration of the property’s setting or
integrity.
iii. The proposed action may result in the introduction of visual elements which
are out of character with the site or property, or may alter its setting.
E3e, E3g,
E3f
E3e, E3f,
E3g, E1a,
E1b
E3e, E3f,
E3g, E3h,
C2, C3
9
9
9
9
9
9
11. Impact on Open Space and Recreation
The proposed action may result in a loss of recreational opportunities or a NO YES
reduction of an open space resource as designated in any adopted
municipal open space plan.
(See Part 1. C.2.c, E.1.c., E.2.q.)
If “Yes”, answer questions a - e. If “No”, go to Section 12.
Relevant
Part I
Question(s)
No, or
small
impact
may occur
Moderate
to large
impact may
occur
a. The proposed act
ion may result in an impairment of natural functions, or “ecosystem
services”, provided by an undeveloped area, including but not limited to stormwater
storage, nutrient cycling, wildlife habitat.
D2e, E1b
E2h,
E2m, E2o,
E2n, E2p
9
9
b. The proposed action ma
y result in the loss of a current or future recreational resource.
C2a, E1c,
C2c, E2q
9
9
c. The proposed action may elim
inate open space or recreational resource in an area
with few such resources.
C2a, C2c
E1c, E2q
9
9
d. The proposed action ma
y result in loss of an area now used informally by the
community as an open space resource.
C2c, E1c
9
9
e. Other impacts: _
____________________________________________________
_________________________________________________________________
9
9
12. Impact on Critical Environmental Areas
The proposed action may be located within or adjacent to a critical NO YES
environmental area (CEA). (See Part 1. E.3.d)
If “Yes”, answer questions a - c. If “No”, go to Section 13.
Relevant
Part I
Question(s)
No, or
small
impact
may occur
Moderate
to large
impact may
occur
a. The propos
ed action may result in a reduction in the quantity of the resource or
characteristic which was the basis for designation of the CEA.
E3d
9
9
b. The proposed action ma
y result in a reduction in the quality of the resource or
characteristic which was the basis for designation of the CEA.
E3d
9
9
c. Other impac
ts: ______________________________________________________
__________________________________________________________________
9
9
Page 8 of 10
13. Impact on Transportation
The proposed action may result in a change to existing transportation systems. NO YES
(See Part 1. D.2.j)
If “Yes”, answer questions a - f. If “No”, go to Section 14.
Relevant
Part I
Question(s)
No, or
small
impact
may occur
Moderate
to large
impact may
occur
a. Projected traffic increase may exceed capacity of existing road network.
D2j
9
9
b. The propo
sed action may result in the construction of paved parking area for 500 or
more vehicles.
D2j
9
9
c. The proposed action will degrade e
xisting transit access.
D2j
9
9
d. The proposed action will degrade e
xisting pedestrian or bicycle accommodations.
D2j
9
9
e.
The proposed action may alter the present pattern of movement of people or goods.
D2j
9
9
f. Other impacts: ______________________________________________________
__________________________________________________________________
9
9
14. Impact on Energy
The proposed action may cause an increase in the use of any form of energy. NO YES
(See Part 1. D.2.k)
If “Yes”, answer questions a - e. If “No”, go to Section 15.
Relevant
Part I
Question(s)
No, or
small
impact
may occur
Moderate
to large
impact may
occur
a. The proposed action will require a new, or an upgrade to an existing, substation. D2k
9 9
b. The proposed action will require the creation or extension of an energy transmission
or supply system to serve more than 50 single or two-family residences or to serve a
commercial or industrial use.
D1f,
D1q, D2k
9 9
c. The propo
sed action may utilize more than 2,500 MWhrs per year of electricity.
D2k
9
9
d. The proposed action
may involve heating and/or cooling of more than 100,000 square
feet of building area when completed.
D1g
9
9
e. Other Impacts: ________________________________________________________
____________________________________________________________________
15. Impact on Noise, Odor, and Light
The proposed action may result in an increase in noise, odors, or outdoor lighting. NO YES
(See Part 1. D.2.m., n., and o.)
If “Yes”, answer questions a - f. If “No”, go to Section 16.
Relevant
Part I
Question(s)
No, or
small
impact
may occur
Moderate
to large
impact may
occur
a. The proposed action may produce sound above noise levels established by local
regulation.
D2m
9
9
b. The proposed action m
ay result in blasting within 1,500 feet of any residence,
hospital, school, licensed day care center, or nursing home.
D2m, E1d
9
9
c. The proposed action may result in routine odors for more than one hour per day. D2o
9
9
Page 9 of 10
d. The proposed action
may result in light shining onto adjoining properties.
D2n
9
9
e. The prop
osed action may result in lighting creating sky-glow brighter than existing
area conditions.
D2n, E1a
9
9
f. Other
impacts: ______________________________________________________
__________________________________________________________________
9
9
16. Impact on Human Health
The proposed action may have an impact on human health from exposure NO YES
to new or existing sources of contaminants. (See Part 1.D.2.q., E.1. d. f. g. and h.)
If “Yes”, answer questions a - m. If “No”, go to Section 17.
Relevant
Part I
Question(s)
No,or
small
impact
may cccur
Moderate
to large
impact may
occur
a. The proposed action is located within 1500 feet of a school, hospital, licensed day
care center, group home, nursing home or retirement community.
E1d
9 9
b. The site o
f the proposed action is currently undergoing remediation.
E1g, E1h
9
9
c. There is a completed em
ergency spill remediation, or a completed environmental site
remediation on, or adjacent to, the site of the proposed action.
E1g, E1h
9
9
d.
The site of the action is subject to an institutional control limiting the use of the
property (e.g., easement or deed
restriction).
E1g, E1h
9
9
e. The proposed action may affect institutional control m
easures that were put in place
to ensure that the site remains protective of the environment and human health.
E1g, E1h
9
9
f. The proposed action has a
dequate control measures in place to ensure that future
generation, treatment and/or disposal of hazardous wastes will be protective of the
environment and human health.
D2t
9
9
g. The prop
osed action involves construction or modification of a solid waste
management facility.
D2q, E1f
9
9
h. The proposed action may result in t
he unearthing of solid or hazardous waste.
D2q, E1f
9
9
i. The proposed action ma
y result in an increase in the rate of disposal, or processing, of
solid waste.
D2r, D2s
9
9
j. The prop
osed action may result in excavation or other disturbance within 2000 feet of
a site used for the disposal of solid or hazardous waste.
E1f, E1g
E1h
9
9
k. The proposed action
may result in the migration of explosive gases from a landfill
site to adjacent off site structures.
E1f, E1g
9
9
l. The proposed action ma
y result in the release of contaminated leachate from the
project site.
D2s, E1f,
D2r
9
9
m. Other imp
acts: ______________________________________________________
__________________________________________________________________
Page 10 of 10
17. Consistency with Community Plans
The proposed action is not consistent with adopted land use plans. NO YES
(See Part 1. C.1, C.2. and C.3.)
If “Yes”, answer questions a - h. If “No”, go to Section 18.
Relevant
Part I
Question(s)
No, or
small
impact
may occur
Moderate
to large
impact may
occur
a. The proposed action’s land use components may be different from, or in sharp
contrast to, current surrounding land use pattern(s).
C2, C3, D1a
E1a, E1b
9
9
b. The proposed action will cause the permanent population of the city, town or village
in which the project is located to grow by more than 5%.
C2
9
9
c. The proposed action is inconsistent with local land use plans or zoning regulations.
C2, C2, C3
9
9
d. The proposed action is inconsistent with any County plans, or other regional land use
plans.
C2, C2
9
9
e. The proposed action may cause a change in the density of development that is not
supported by existing infrastructure or is distant from existing infrastructure.
C3, D1c,
D1d, D1f,
D1d, Elb
9
9
f. The proposed action is located in an area characterized by low density development
that will require new or expanded public infrastructure.
C4, D2c, D2d
D2j
9
9
g. The proposed action may induce secondary development impacts (e.g., residential or
commercial development not included in the proposed action)
C2a
9 9
h. Other: _____________________________________________________________
__________________________________________________________________
9
9
18. Consistency with Community Character
The proposed project is inconsistent with the existing community character. NO YES
(See Part 1. C.2, C.3, D.2, E.3)
If “Yes”, answer questions a - g. If “No”, proceed to Part 3.
Relevant
Part I
Question(s)
No, or
small
impact
may occur
Moderate
to large
impact may
occur
a. The proposed action may replace or eliminate existing facilities, structures, or areas
of historic importance to the community.
E3e, E3f, E3g
9
9
b. The proposed action may create a demand for additional community services (e.g.
schools, police and fire)
C4
9
9
c. The proposed action may displace affordable or low-income housing in an area where
there is a shortage of such housing.
C2, C3, D1f
D1g, E1a
9
9
d. The proposed action may interfere with the use or enjoyment of officially recognized
or designated public resources.
C2, E3
9
9
e. The proposed action is inconsistent with the predominant architectural scale and
character.
C2, C3
9
9
f. Proposed action is inconsistent with the character of the existing natural landscape.
C2, C3
E1a, E1b
E2g, E2h
9
9
g. Other impacts: ______________________________________________________
__________________________________________________________________
9
9
PRINT FULL FORM
RES58
3396113.1
RESOLUTION CLASSIFYING ACTION TO UNDERTAKE A CERTAIN PROJECT
AS A TYPE II ACTION NOT SUBJECT TO SEQR REVIEW
WHEREAS, the City of Troy (the "City") desires to enter into one or more
lease/purchase agreements to finance the cost of certain energy conservation measures at various
City facilities, including equipment, capital improvements, repairs, maintenance and other
services to improve the energy efficiency of City street lights, the Police Station, Courthouse,
Fifth Avenue and State Street Parking Garages, fire stations, and DPW buildings (the “Project”);
and
WHEREAS, pursuant to Article 8 of the Environmental Conservation Law, as amended
(the "SEQR Act") and the regulations adopted pursuant thereto by the Department of
Environmental Conservation of the State of New York, being 6 NYCRR Part 617, as amended
(the "Regulations"), the City desires to comply with the SEQR Act and the Regulations with
respect to the Project;
NOW, THEREFORE, BE IT RESOLVED by the members of the City Council of the
City of Troy, New York as follows:
1. The Project constitutes a "Type II Action" as defined in Regulation 6 NYCRR
617.5(c)(2) and no further action under the SEQR Act and the Regulations is
required.
2. This resolution shall take effect immediately.
Approved as to form, August 22, 2019
____________________________________
James A. Caruso Esq., Corporation Counsel
RES58
MEMO IN SUPPORT
This resolution is the SEQRA for the Siemens Energy Improvement Project within the City. Due
to these improvements being made on existing infrastructure the project has been deemed to be a
Type II action and not subject to review.
RES59
RESOLUTION OF THE CITY OF TROY, NEW YORK AUTHORIZING THE
NEGOTIATION, EXECUTION AND DELIVERY OF ENERGY PERFORMANCE
CONTRACTS AND RELATED LEASE/PURCHASE AGREEMENTS WITH SIEMENS
INDUSTRY, INC. BUILDING TECHNOLOGIES DIVISION FOR CONVERSION OF
STREET LIGHTS TO LED AND FOR ENERGY SAVINGS IMPROVEMENTS
TO CITY-OWNED BUILDINGS
WHEREAS, Article 9 of the New York Energy Law (the "Energy Law") authorizes
municipalities and school districts to enter into contracts ("Energy Performance Contracts") for
the provision of energy services, including but not limited to, electricity, heating, ventilation,
cooling, steam or hot water, in which a person agrees to install, maintain or manage energy
systems or equipment to improve the energy efficiency of, or produce energy in connection with,
a building or facility in exchange for a portion of the energy savings or revenues; and
WHEREAS, the City of Troy (the "City") issued a Request for Proposals for an Energy
Performance Contract for the conversion of City street lights to LED and for energy saving
improvements to various City-owned buildings and facilities; and
WHEREAS, based on the City's evaluation of proposals, Siemens Industry, Inc. Building
Technologies Division ("Siemens") was selected to develop and implement a performance-based
energy savings and operations plan; and
WHEREAS, Siemens has provided the City with an Investment Grade Energy Audit
dated April 29, 2018, a project overview dated July 2, 2019, and a final pro-forma of the
estimated energy savings dated July 18, 2019 (collectively, the “Energy Audit Report”) which
set forth plans for street light conversions, City building improvements and retrofits, energy
savings estimates and proposed financing plans; and
WHEREAS, by resolution adopted August 2, 2019, the City Council authorized the
execution of a certain Performance Contracting Agreement (the “Performance Contracting
Agreement”) with Siemens, pursuant to which Siemens will provide equipment, capital
improvements, repairs, maintenance and other services to improve the energy efficiency of City
street lights, the Police Station, Courthouse, Fifth Avenue and State Street Parking Garages, fire
stations, and DPW buildings; and
WHEREAS, the City now intends to authorize the negotiation, execution and delivery of
one or more Energy Performance Contracts and related lease/purchase agreements in an
aggregate original principal amount not to exceed $14,400,000.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Troy, New
York, as follows:
Section 1. In accordance with Section 9-103 of the Energy Law, the City is
hereby authorized to enter into one or more Energy Performance Contracts, and related
lease/purchase agreements, escrow agreements and other agreements in an aggregate original
principal amount not to exceed $14,400,000 (the "Agreements") pursuant to which Siemens will
provide equipment, capital improvements, repairs, maintenance and other services to improve the
energy efficiency of City street lights, the Police Station, Courthouse, Fifth Avenue and State
Street Parking Garages, fire stations, and DPW buildings, as more particularly described in the
Energy Audit Report and the Performance Contracting Agreement.
Section 2. The Deputy City Comptroller, as chief fiscal officer of the City, is
hereby authorized to negotiate, execute and deliver on behalf of the City the Agreements and all
other certificates or instruments required in connection therewith provided, however, that all
amounts payable by the City pursuant to the Agreements shall be subject to annual appropriation
of such payments by the City Council. The power to prescribe the terms, forms and covenants of
the Agreements is hereby delegated to the Deputy City Comptroller, as chief fiscal officer. The
Mayor, or his designee, is also authorized to execute the Energy Performance Contracts on
behalf of the City.
Section 3. This resolution is intended to constitute the declaration of the
City's "official intent" to reimburse the costs of the improvements described in Section 1 of this
resolution with proceeds from the Agreements, as required by Treasury Regulation Section
1.150-2.
Section 4. This resolution is not subject to a mandatory or permissive
referendum.
Section 5. The City Council hereby determines that the provisions of the State
Environmental Quality Review Act and the regulations thereunder have previously been satisfied
with respect to the expenditures authorized by this resolution.
Section 6. To the extent required by Chapter 721 of the Laws of 1994, as
amended (the "Act"), the Agreements shall not be executed and delivered until the Supervisory
Board created by the Act shall first review and comment upon the execution and delivery of the
Agreements in accordance with the requirements of the Act.
Section 7. This resolution shall take effect immediately. All acts previously
taken by the City with respect to the execution and delivery of the Agreements are hereby
ratified and confirmed.
Approved as to form, August 22, 2019
____________________________________
James A. Caruso Esq., Corporation Counsel
RES59
RES59
MEMO IN SUPPORT
This resolution authorizes the execution of the Lease/Purchase Agreement as the financing
source for the Siemens Energy Improvements project. The total amount authorized to be
financed is $14,400,000, which is equal to the total cost of the project and also a contingency in
the event there are unforeseen additions to the project.
As previously discussed with the City Council, the City Comptroller’s Office has worked
diligently with Siemens along with the City’s financial advisor in determining the best course to
proceed in with regards to the financing of this project. Upon completion of this review it was
determined that Siemens presents the most cost-effective approach to the City for financing
purposes.
Res. 60
RESOLUTION APPOINTING COMMISSIONERS OF DEEDS
FOR THE CITY OF TROY
BE IT RESOLVED, that the City Council hereby appoints the following person, as identified in
the attached application hereto and made a part hereof, Commissioner of Deeds for the City of
Troy for a two-year term from August 22, 2019 to August 22, 2021.
Colleen M. Hayes
98 Euclid Avenue
Troy, NY 12180
Approved as to form, August 2, 2019
James A. Caruso, Corporation Counsel
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