City Council

Minutes of the Finance Meeting Troy City Council November 19, 2015 The meeting was called to order at 6:05 PM by City Council President Wiltshire. The Pledge of Allegiance was led by Council President Wiltshire. The roll being called, the following answered to their names: Council members Sullivan-Teta, Bodnar, Robertson, Zalewski, Kopka, Gordon, Wiltshire, Galuski and Doherty. Also present were Mayor Lou Rosamilia, Deputy Mayor Peter Ryan, Corporation Council Ian Silverman, and Counsel to the Council Joe Liccardi. The meeting was attended by approximately 20 members of the public. Consideration Local Law: 2. Local Law No. 2 (Intro #2) Amending Section 285-49 Of Chapter 285 Of The City Code Entitled Zoning to Provide for the Rezoning of the Hillside and Beman Park Neighborhoods as Hereinafter Defined from R-3 to R-2 Zoning District Classification. Teta asked for an explanation on the additional support. Bodnar spoke about his meeting with planning department and LL#2 regarding the boundaries of this zone district. Zalewski stated the boundaries are clear based on 2 previous city maps and that this is in no way considered spot zoning. He stated the neighborhood is trying to preserve what they have and this is wanted by the residents. Doherty thanked all for initiating this and supporting it. Teta asked about possible lawsuits regarding spot zoning. Ian read an email from Mr. Kenny who specializes in zoning in regards to spot zoning and his recommendations. He also stated being so close to a county road it would need to go before the county zoning board. Ian spoke about grandfathering and it not being necessary because they can get a variance from zoning. Galuski asked if he could get an opinion from the council’s attorneys. Liccardi stated the grandfather clause and section 3 can go either way; it a complimenting method to moving it forward. Wiltshire spoke about the clause as useful for the purpose if companies apply for loans. Sometimes being conforming is what is important. Liccardi stated lawsuits are very remote, and he spoke about his experience regarding zoning issues and usually there is no awards just arbitrary and going back to the drawing board. Robertson asked about going before the county zoning board. Zalewski had concerns with language in section 3. Wiltshire spoke about Mr. Deseves presentation. Galuski stated with so much confusion he will be abstaining; even the attorneys have conflicting opinions. Zalewski spoke about wanting to strike section-3, he feels more comfortable with it out. Untabled by Bodnar 2nd by Zalewski, passed by unanimous vote Amendment failed by a vote of 3 yes to 6 no Local Law passed by a vote of 6 yes 2 no and 1 abstain Consideration of Ordinances: 103. Ordinance Authorizing and Directing the Grant of a Permanent Utility Easement over, on or through a Portion of Williams Street, in the City Of Troy, for the Installation, Use, and Operation of a Fiber Optic Utility Line between the Chazan Building and the Proctor’s Building Ordinance passed by unanimous vote 104. Ordinance Amending the Code of Troy, Chapter 201 Noise Section 201-3 Unnecessary or Unreasonable Noises Prohibited Doherty asked if this came from engineering. Wiltshire stated no this is a copy of a section from Cohoes. Bodnar asked Ian for an explanation. Ian stated it came from council president. Bodnar asked what the motivation was. Wiltshire stated to make ours more standard and to regulate what is considered loud noise ours right now does not. Gordon asked to be a co-sponsor and that he was in support of it. Robertson asked what this is in terms of noise 0-75. Wiltshire tried to explain the common voice, then construction noise, a loud concert and so on. Robertson asked what determines that. Gordon stated there are meters that register it. He stated this says what is acceptable or not and it puts in times and levels to regulate it. Teta asked if officers have meters. Gordon stated yes. Zalewski spoke about receiving complaints from constituents regarding low flying airplanes. Ryan spoke about Troy being close to the airport and that we could make a request but he did not feel anything could be done. Robertson asked who will enforce the new noise ordinance. Andrew from engineering stated the police would. Kopka asked about language in B-2 she feels it may only apply to Cohoes. Ordinance passed by unanimous vote 105. Ordinance Authorizing and Directing the Mayor to Re-Appraise the One Monument Square Property Prior to Closing the Sale of Property Transaction. Bodnar asked for the Mayors presentation on this. Mayor stated he believed its being pulled. Bodnar asked about an appraisal. Mayor stated what reason we have to get it re- appraised. Doherty spoke about a conflict now between the Friends of Monument Square and the project developer. Gordon spoke about the intent of this legislation. Zalewski stated based on the RFP being accepted now it’s being changed; we need to re-exam it. Robertson spoke about the several changes and she still does not know what it’s going to be or its final design. She stated maybe we should issue a new RFP. Galuski had concerns if the appraisal comes back lower and also the cost to have it done; who is going to pay for it. Kopka asked where the money would come from to pay for the appraisal. Wiltshire stated he did not know maybe there are still funds left in the budget line from this year. Kopka asked Joe what funds were left. Joe stated he did not know at this time. Ordinance passed by a vote of 5 yes to 4 no 106. Ordinance Declaring Certain City Owned Property as Surplus and Directing the Comptroller to Dispose of Said Property Gordon asked for an explanation. Martin spoke about possibly selling the property, the value and the process as it stands right now we need to declare it surplus to do so. Ryan spoke about a clinic that provides dental care to people who cannot afford it; they may be interested in it. Martin explained that the office equipment has been removed but not dental. The closing is on hold until we do something with the dental equipment. Wiltshire asked why not city workers remove it has. Martin stated there is nowhere to store it and they are not capable of removing it safely. Ordinance passed by a vote of 8 yes to 1 no 108. Ordinance Authorizing the Mayor to Enter Into an Agreement for an Easement with the Pleasantdale Rod and Gun Club Ordinance passed by unanimous vote 109. Ordinance passed b Ordinance Amending the Code of Troy, Chapter 285 Zoning, Section 285-67 Supplementary Districts Regulations, Non-Conforming Uses, Lots And Buildings, Moratorium On Adult Establishments Monica spoke about past legislation in June on the moratorium and convenient stores. She then spoke about meetings with Capital Roots regarding Healthy communities. Bodnar stated involving Capital Roots is a benefit for Troy. Gordon asked to date how many stores were prevented. Monica stated none. Ordinance passed by unanimous vote 110. Ordinance Amending the 2015 City Budget to Transfer Funds within the General and Budget Lines Joe explained the transfers are being used for pension and retirement debt. Zalewski noted some spelling error to be corrected before final vote. Ordinance passed by unanimous vote Consideration of Resolutions: 72. Resolution Appointing Commissioners of Deeds for the City of Troy. Resolution passed by unanimous vote 73. Resolution Determining that Proposed Actions are Type II Actions for Purposes Of The New York State Environmental Quality Review Act. Robertson asked for an explanation. Wheland stated it’s an extension to a current contract. Wiltshire asked if there was an increase. Wheland stated yes a percent. Robertson asked how the fees are derived at. Wheland said it’s a combination of aspects. Zalewski asked if Chris see’s the representative from Time Warner to have them contact him; he is trying to set up an official meeting. Resolution passed by a vote of 8 yes to 1 abstain 74. Resolution Authorizing the Mayor to Execute a Contract with Cellco Partnership D/B/A Verizon Wireless Resolution passed by unanimous vote 75. Resolution Authorizing the Mayor to execute an Extension of a Contract with George P. Regan/Special Event Promotions LLC to Provide for the Road Race Event Management for the Annual Troy Turkey Trot Gordon asked for an over view or to clarify this legislation. Ryan spoke about this being contract and how it has out grown the city capacity to do it. He then stated he would like to strike everything from page 2 of 3 sections -2 under Considerations after the word Reimbursement and add (to include expenses up to $15,000.00.) Wiltshire asked if George was in agreement. George stated yes he knows the city needs it so whatever they want. Wiltshire acknowledged this contract takes it through 2017. George stated yes that will be its 70th Anniversary he thought it would be fitting. Wiltshire agreed that its better in Georges hands, he’s a professional. George explained that now the surrounding communities are setting up their own races to compete; he hopes this will not affect Troy’s. Bodnar complimented George for the good job he has done in the past; he did state though the city should have been compensated as well. Ryan promised it would be taken care of today. Bodnar spoke about the financial reports submitted to the city by George in having someone audit those reports as well as having George supply documentation showing expenses. Gordon asked if this should have gone out to bid. Mazzariello stated if it’s an extension of a contract then no it does not need to go out to bid. Ian stated the original agreement had a 2-3 year option in the 2013 original bid. It’s here for just some changes to benefit the city. Zalewski spoke about when the city sponsored this event themselves and it did not pan out. There is no comparison to having a professional run it. Gordon stated nowhere in the legislation does it state it’s an extension of a contract. Amendment to add in title (an extension of a contract) Amendment by Gordon 2nd by Galuski, passed by unanimous vote Resolution passed by unanimous vote 77. Resolution Approving Formation of a Debt Service Reserve Fund and the Appropriation of $900,000 to Such Fund. Resolution passed by unanimous vote 78. Resolution Commending Gary Galuski for Distinguished Service to the City of Troy. Resolution passed by unanimous vote 79. Resolution Commending Ken Zalewski for Distinguished Service to the City of Troy. Resolution passed by unanimous vote 80. Resolution Commending James Gordon for Distinguished Service to the City of Troy. Resolution passed by a vote of 8 yes 1 abstain 81. Resolution Commending Anastasia Robertson for Distinguished Service to the City of Troy. Resolution passed by unanimous vote 82. Resolution Commending Rodney Wiltshire, Jr. for Distinguished Service to the City of Troy. Resolution passed by unanimous vote Meeting Adjourn By Council Member Gordon Seconded by Council Member Bodnar ADJOURNMENT 8:14 pm An audio record of the Troy City Council Finance Committee meeting minutes is on file in the Troy City Clerk’s office. Troy City Clerk Cheryl Christiansen