City Council

ORD # 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 PROCTORS BUILDING The City ofTroy, in the City Council, convened, ordains as follows: Section 1. WHEREAS, Columbia Chazan Realty LLC owner and tenant of 70-76 Fourth Street and Columbia Proctors Realty LLC, owner and tenant of 82 Fourth Street are jointly interested in installing, using and operating a fiber optic utility line between the Chasan Building and the Proctors Building over a portion of City property located on Williams Street, adjacent to such buildings. Section 2. WHEREAS, Columbia Chazan Realty LLC Street and Columbia Proctors Realty LLC require a permanent easement, attached hereto and made a part hereof, in .order to install, use and operate a fiber optic utility line between the Chasan Building and the Proctors Building Section 3. WHEREAS, the Mayor desires to grant the easements with the desired outcome of further development of the area. Section 4. NOW THEREFORE BE IT RESOLVED, the City Council ofthe City ofTroy hereby authorizes the Mayor to execute the Easement, in substantial conformance with the Easement attached hereto and made a part hereof. Approved as to form, November 9, 2015 Ian Silverman, Esq., Corporation Counsel C:\Users\cheryl.christiansen\AppData\Locai\Microsoft\Windows\Temporary Internet Files\Content.Outlook\D9WM8LZT\ord 103 utility easment.doc  i I DO '' ; I -===--c_-c-:::-::-:=..::-.::-===1 I I ..••.. -~  GRANT OF EASEMENT THE CITY OF TROY of 433 River Street, Troy, NY 12180 (hereinafter referred to as "Grantor") for consideration of One Dollar ($1.00) and other valuable considerations paid, the receipt and sufficiency of which are hereby acknowledged under seal, hereby grants to COLUMBIA PROCTORS REALTY LLC AND COLUMBIA CHASAN REALTY LLC, of 302 Washington Avenue Extension, Albany, NY 12203 (hereinafter collectively referred to as "Grantee"), for Grantees and their lessees, licenses, successors, and assigns, the perpetual right and easement as described below in under, over, across, and upon the Grantor's land, as described (Grantor and Grantee are hereinafter collectively referred to as "Parties."). WHEREAS, Grantor is the fee owner of certain real property known as Williams Street located in the City of Troy, Rensselaer County, State New York, more particularly depicted on Exhibit A, attached hereto and by this reference incorporated herein (hereinafter referred to as the "Grantor's Property"); and WHEREAS, Grantee is the owner of the Chasan Building located at 70-76 Fourth Street in the City of Troy and having tax map parcel number ofS/B/L No. 101.53-10-1 and the Proctors Building located at 82 Fourth Street in the City of Troy and having tax map parcel number SIBIL! No. 101.53-10-10.2, as depicted on Exhibit A, attached hereto and by this reference incorporated herein ("Grantee's Property"); and WHEREAS, the Grantee desires to install, use and operation a fiber optic utility line between the Chasan Building and the Proctors Building; and WHEREAS, the Parties agree that it is mutually desirable that certain easement and access rights be provided over a portion of Williams Street to allow Grantee to install, use and operate a fiber optic utility line between the Chasan Building and the Proctors Building. NOW, THEREFORE, in consideration of the foregoing and the mutual covenants and agreements set forth herein, the Parties hereby grant, covenant and agree as follows: Section 1. Grant of Easement. Grantor hereby grants to the Grantee a permanent utility easement over on or through a portion of Williams Street, in the City of Troy, including the right and privilege of use in, to, over, under, across and through the Grantor's Property, for use by the Grantee, its successors and assigns, and their respective agents, patrons, licensees and other invitees in accordance with the terms and conditions of this Agreement (the "Easement"). The Easement shall be used for the installation, use and operation of a fiber optic utility line between the Chasan Building and the Proctors Building. Grantee hereby agrees to indemnify, defend and hold Grantor harmless from and against all claims, actions, liabilities, and costs, including reasonable attorneys' fees, resulting from Grantee's use of the easement as set forth herein. The parties further understand and agree that this Agreement shall be recorded in the office of the Rensselaer County Clerk. Such Easement granted herein shall run to the benefit of and bind the respective parcels and the owners from time to time of the parcels or any portion thereof. Section 2. Effective Date. This Agreement shall be deemed effective upon the date set forth in the introductory paragraph herein (the "Effective Date"). Section 3. Quiet Enjoyment. Grantor covenants that at all times during the term of this Agreement, so long as the Grantee is not in default hereunder, the Grantee's use of the Easement, pursuant to the terms and conditions of this Agreement, shall not be disturbed, altered or impaired by any act of Grantor, or of anyone acting by, through, or under Grantor. Grantor shall not interfere with the Grantee's use of the Easement as set forth herein in any manner whatsoever, nor prohibit access to same. Section 4. Default. In the event that any Party to this Agreement shall default hereunder, the other parties hereto, their successors and assigns shall be entitled to institute proceedings (either at law or in equity, or otherwise) for full and adequate relief from the consequences of said default including, but not limited to, the right to specific performance, declaratory relief, injunctive relief, damages, or other suitable legal or equitable remedy. Section 5. Compliance. Notwithstanding anything to the contrary herein, the Parties hereto each agree to comply with any and all governmental regulations and requirements applicable to the Grantor's Property. Section 6. Miscellaneous. (a). Modification. This Agreement may be modified or terminated only by the mutual agreement of all of the parties hereto, or their successors and assigns and successors in title evidenced by a writing specifically referencing this Agreement in recordable form. (b). Notice. All notices, requests, demands, and any other communications required hereunder shall be in writing and shall be deemed to have been duly delivered if delivered in person or if sent by registered or certified mail, return receipt requested, and if so mailed shall be deemed effective as of five (5) business days after such mailing. All such notices, requests, demands and any other communications required hereunder may be given by the parties' representatives and/or counsel. All such notices, requests, demands and any other communications, if mailed, shall be sent: If to Grantor: Corporation Counsel City of Troy 433 River Street Troy, New York 12180 If to Grantee: Columbia Chasan Realty LLC 302 Washington Avenue Extension, Albany, NY 12203 Attn: Joseph R. Nicolla Columbia Proctor's Realty LLC 302 Washington Avenue Extension, Albany, NY 12203 Attn: Joseph R. Nicolla Any of the undersigned may, from time to time, change their address by written notice to the other party as above provided. (c). Entire Agreement. This Agreement, including schedules, exhibits, and any addendum hereto, constitutes the entire agreement between the parties hereto with respect to the transactions contemplated herein, and it supersedes all prior discussions, understandings or agreements between the parties hereto. (d). Governing Law. This Agreement shall be governed by the laws of the State of New York, and any dispute arising hereunder, except as provided for herein, shall be litigated in the Supreme Court, Rensselaer County, New York. THE PARTIES HERETO SHALL, AND HEREBY DO, WAIVE TRIAL BY JURY IN ANY ACTION, PROCEEDING OR COUNTERCLAIM BROUGHT BY ANY OF THE PARTIES HERETO AGAINST THE OTHER(S) ON ANY MATTERS WHATSOEVER ARISING OUT OF OR IN ANY WAY CONNECTED TO THIS AGREEMENT, THE USE AND OCCUPANCY OF THE PREMISES AND/OR CLAIMS OF INJURY OR DAMAGE. (e). Negotiated Agreement. All of the parties to this Agreement have participated in the negotiation and preparation hereof, and, accordingly, this Agreement shall not be more strictly construed against any one of the parties hereto. (f). Joint Venture. The parties hereto shall not be deemed, in any way or for any purpose, to have become, by the execution of this Agreement, or any action taken under this Agreement, partners, partners in business or otherwise, or a member of any joint enterprises with one another. Further, nothing in this Agreement shall be construed to create any joint venture between the parties. (g). Captions. The captions contained herein are for convenience and reference only and shall not be deemed a part of this Agreement, or construed as in any manner limiting or amplifying the terms and provision to which they relate. (h). Provision Severable. If any term or provision of this Agreement, or the application thereof to any person or circumstances shall, to any extent, be determined by appropriate judicial authority to be illegal, invalid or unenforceable, the same shall be struck from this Agreement as if never included herein, the remainder of this Agreement or the application of such term or provision to persons or circumstances other than those as to which it is held illegal, invalid or unenforceable, shall not be affected thereby and each term and provision of this Agreement shall be valid and be enforced to the fullest extent permitted by law. (i). Effect of Waiver. The waiver of a breach of one covenant or condition of this Agreement shall not be deemed a waiver of the breach of others, or of subsequent breach of a covenant previously waived. The parties hereby waive the defense of laches to any breach of any covenant or provision of this Agreement. G). Counterparts. This Agreement may be executed in separate counterparts by each of the parties and the total of the executed counterparts shall be deemed one agreement. (Signature Page Follows) IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by the duly authorized representatives on the day and year first set forth above. CITY OF TROY By: Honorable Louis A. Rosamilia, Mayor Its: COLUMBIA DEVELOPMENT COMPANIES By: Its: STATEOFNEWYORK ) COUNTY OF RENSSELAER) ss.: On the_ day of , in the year 2015 before me, the undersigned, a Notary Public in and for said State, personally appeared Honorable Louis A. Rosamilia, Mayor of the City of Troy, personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies), and that by his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument. Notary Public STATE OF NEW YORK ) COUNTY OF RENSSELAER) ss.: On the_ day of in the year 2015 before me, the undersigned, a Notary Public in and for said State, personally appeared , personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies), and that by his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument. Notary Public EXHIBIT A Depiction of the Premises and Grantee's Property (Attached)  ORD#104 ORDINANCE AMENDING THE CODE OF TROY, CHAPTER 201 NOISE SECTION 201-3 UNNECESSARY OR UNREASONABLE NOISES PROHIBITED BE IT ENACTED, by the City Council of the City of Troy, as follows: Section 1: § C-201-3 of the Code of Troy is amended to read as follows with new matter underlined: § 201-3 Unnecessary or unreasonable noises prohibited. The creation of any unreasonably loud, disturbing and unnecessary noise is prohibited. Said noise shall be prohibited when it is of such character, intensity and duration or of a type or volume that a reasonable person would not tolerate under the circumstances and that is detrimental to the life, health or welfare of any individual or would cause or create a risk of public inconvenience, annoyance or alarm. A It shall be unlawful for any person to willfully make or continue or cause to be made or continued any loud or unnecessary or unusual noises hereinabove defined which disturbs the peace and quiet of any neighborhood or which causes discomfort or annoyance to any reasonable person of normal sensitiveness residing in the area. The standard which may be considered in determining whether a violation of the provisions of this chapter exist may include, but not be limited to, the following: 1 The level of the noise. 2 Whether the nature of the noise is usual or unusual. 3 Whether the origin of the noise is natural or unnatural. 4 The level or intensity of the background noise, if any. 5 The proximity of the noise to residential sleeping facilities. 6 The nature and zoning of the area within which the noise emanates. 7 The density of the habitation of the area within which the noise emanates. 8 The time of the day and night the noise occurs. 9 The duration of the noise. 10 Whether the noise is recurrent, intermittent or constant. B Noise. 1 The maximum decibel level radiated by any use or facility at any lot lines shall not exceed the values in the designated octave bands given in Table I. The sound-pressure level shall be measured with a second-level meter and associated octave-band analyzer conforming to standards prescribed by the American Standards Association. (American Standard Sound-Level Meters for Measurement ofNoise and Other Sound, Z24.3-1944, American Standards Association, Inc., New York, and American Standard Specifications for an Octave-Band Filter Set for the Analysis ofNoise and Other Sound, Z24.10-1953, American Standards Association, Inc., New York, New York, shall be used.) Table I Frequency Band (cycles per second) Maximum Permitted Sound-Pressure Level (decibels) 0 to 75 69 75 to 150 60 150 to 300 56 300 to 600 51 600 to 1,200 42 1,200 to 2,400 40 2,400 to 4,800 38 4,800 to 10,000 35 2 Where any use adjoins a residential or transitional district at any point at the district boundary, the maximum permitted decibel levels in all octave bands shall be reduced by six decibels from the maximum levels set forth in Table I. Section 2: This act shall take effect immediately. Approved as to form, November 13,2015 Ian H. Silverman, Esq., Corporation Counsel  ORD # 105 AN ORDINANCE AUTHORIZING AND DIRECTING THE MAYOR TORE- APPRAISE THE ONE MONUMENT SQUARE PROPERTY PRIOR TO CLOSING THE SALE OF PROPERTY TRANSACTION Whereas, The City of Troy has previously issued an RFP for the sale and redevelopment of the parcel known as One Monument Square in September of 2013; Whereas, The City of Troy awarded the project with a purchase price of$650,000; Whereas, the closing on the sale and the development of this site has not commenced, and a significant amount of time and changes have occurred; Whereas, the value of the Land at this site is paramount in the closing of this property sale; Whereas, due to this time lapse, the City of Troy seeks to ensure that the property is assessed correctly at this time; Now Therefore Be it Resolved, the City Council directs the Mayor and his administration to hire an outside appraisal firm to conduct a new property assessment for One Monument Square; and Be it Further Resolved the City Council directs the Mayor and his administration, not to close on the transaction sale of this property until a new appraisal has been performed. This act shall take effect immediately. Approved as to form, November 13,2015 Ian H. Silverman, Esq., Corporation Counsel  ORD # 106 ORDINANCE DECLARING CERTAIN CITY OWNED PROPERTY AS SURPLUS AND DIRECTING THE COMPTROLLER TO DISPOSE OF SAID PROPERTY The City of Troy, in City Council, convened, ordains as follows: Section 1. Pursuant to C-73 (A) of the City Charter, the item of City owned property, described in the attached memorandum is herein declared to be surplus and the City Purchasing Agent or a designee, is hereby authorized and directed to sell all said property. Section 2. The said property shall be sold "as is" for the highest bid price and on such additional terms and conditions as shall be set by the City Comptroller. Section 3. If no bidder or bidders are interested in any or all of said property, the City Comptroller is hereby authorized to dispose of any such item. Section 4. This ordinance shall take effect immediately. Ian H. Silverman, Esq., Corporation Counsel Approved as to form, November 13,2015 MEMO Date: November 16, 2015 To: City Council Members From: Sharon L. Martin, City Assessor Re: Ordinance 106: Ordinance Declaring Certain City Ovvned Property as Surplus and Directing the Comptroller to Dispose of Said Property The City took possession of a foreclosed property at 205 Fifth Ave on September 3, 2015. The property was a former dental office filled with both office and dental equipment. The office equipment was removed by City DPW employees on November 5th and the furniture was relocated to several City offices for City use. The property also contains four rooms of assorted dental equipment. I am requesting the dental equipment be declared surplus so we may sell and/or donate it. I am unable to individually list all of the items we have due to my limited knowledge of dental equipment.  ORD # 108 RESOLUTION AUTHORIZING THE MAYOR TO INTO AN AGREEMENT FOR AN EASEMENT WITH THE PLEASANTDALE ROD AND GUN CLUB. The City of Troy, in City Council, convened, ordains as follows: Section 1. The City of Troy, on behalf of the City of Troy is planning to construct a new water transmission main(s) from the Tomhannock Reservoir to the John P. Buckley Water Treatment Plant replacing the existing mains whkh are over 100 years old. Section 2. The Mayor intends to enter into an agreement with the Pleasantdale Rod and Gun Club to secure an easement in connection with this project.. Section 3. The proposed Easement, attached hereto and made a part hereof, if approved by the City Council with the passage of this ordinance, hereby authorizes the Mayor to proceed with the execution of the easement defined herein. Section 4. The City Council of the City of Troy hereby authorizes the Mayor to enter into the proposed easement agreement consistent with the terms of the Right of Way and Easement attached hereto and made a part hereof Section 5. This Act will take effect immediately. Approved as to form, November 17, 2015 Ian H. Silverman, Esq., Corporation Counsel Proposed Water Main Transmission Project- Plcasantdale Rod and Gun Club, Inc. Proposed Water Main Transmission Project · Pleasantdale Rod and Gun Club, Inc. s r''it' j{>e.kryz~k~\L"'.:O<Jtesfs.coln <·:·:~~ r-1onJ t~ov 16, 2015 at 1:14 prn To. chris.whclcmtH!:troyny .qov Cnns Pur oLJr convnrsa11on. I w11! be sflnding you lhe cng1nal s.1gned per1r:anent easumenl for U)e Pleasantdale Rod and Gun CflJb, Inc. foe r.ons;rjer<.t!!Ofl t>y tho C1ty Tne: Gun Club tlas accepted I $22,500.00. Tt1o offer was baseo on lhe appraisal rt~port prepared by Stropp AppriH5<11 cated Apnl30 20i5 Also er:ctosed 1s the TP·SS-4 form and Vt1ndoi mformatlon form Upon approvai. the mayer W1!1 r.eed to s1gn and have notanzed me easement and s1gn TP·584 as grantee Any questions. Jet mo ~novw'. ThanJ.:s .• loa COATES flf::'D~I':A~I«;'II',. lNC, 950 New Loudon Road. Suite 240 Latha01. NY 12110 (518) 782~1506 (OffiCe} (618) 782·1501 (fax) {518) 265-7973 {mot>ile) Tn~ contents of th•S e-mail message aod it<; attochments, if any, are intended solely for the ijddressee(s.) hcrc..:o.or. tr you are r.ot the named addressee, or lf yeu be!1eve this message has teen addrcs.sc:l to you requested oot to read, disdose, reproduce, cf1stnbute, disserninate or ottterw1se use this information. Dellveri of this message to any person ether than the 1ntendi?d recioient(s) is not intendOO many way to'-~ yoo have rt:".Ceived thls transmission 1n error, please alert the sender by repty e·ma11. !t is also reqt,;estc:d thct you immed1utely derete tnts message and it5 attachments, 1f any. https://coatesfs.mymailsrvr.com/versions/webmail/11.6.6-RC/popup.php?wsid=790a503f. .. 11/16/2015  COATES FIELD SERVICE, INC. 950 NEW LOUDON ROAD, #240 LATHAM, NY 12110 JOE KRYZAK, SENIOR RIGHT OF WAY AGENT TEL 518.782.1506 JOE.KRYZAK@COATESFS.COM CELL 518.265.7973 October 22, 2015 PleasantdaJe Rod and Gun Club, Inc. 205 Haughney Road Box 218 Troy, New York 12182-0218 Attn: John Watson, Treasurer Re: Proposed Water Main Transmission Project- Permanent Easement City of Troy and Town of Schaghticoke, Rensselaer County, New York Tax Map No: 70.00-1-1.115 Dear Mr. Watson: As you know, the City of Troy is planning to construct a new water transmission main(s) from the Tomhannock Reservoir to the John P. Buckley Water Treatment Plant replacing the existing main(s) which are over 100 years old. The Tomhannock Reservoir is the City's drinking water source located in the Towns of Schaghticoke and Pittstown. The route for the new transmission main(s) will be primarily along the abandoned Boston & Maine Railroad right of way necessitating the acquisition of new property rights. After a field inspection and review of the route, the City of Troy has identified the Clubs' property as being one of the properties within the proposed corridor. Accordingly, we are writing you in an effort to obtain a permanent easement containing 4.262 Acres. Enclosed please find an exhibit showing the portion of your property to be affected and legal description attached to our standard permanent easement form for your consideration. The City of Troy is willing to pay a fair market value of $22,500.00. This offer is based on an appraisal report prepared by Stropp Appraisal dated April 30, 2015. We have also enclosed a summary of the appraisal report for your information. Acceptance of this offer will be subject to our examination of title and final approval by the City of Troy. If you find this offer acceptable, please have the permanent easement signed where indicated, have the signature(s) notarized, and return it to me along with the completed TP-584 form and City Vendor form. Upon receipt of the fully executed and notarized permanent easement, TP-584 and City Vendor forms, our examination of title and final approval by the City of Troy, a check will be issued by the City and forwarded to the Club. If you have any questions, please feel free to contact me. We appreciate your support for this important project. Very truly yours,p cc: C.E. Wheland, City of Troy 9.:;1./y  PERMANENT RIGHT OF WAY AND EAS.EMENT THIS INDENTURE made this day of 2015, by and between PLEASANTDALE ROD AND GUN CLUB, INC. with offices at 205 Haughney Road, P.O. Box 218, Troy, New York 12182, hereinafter referred to as the "Grantor". and THE CITY OF TROY, a municipal corporation organized and existing under the Jaws of the State of New York, with principal offices at City Hall, 433 River Street, Troy New York 12180, hereinafter referred as the "Grantee." WITNESSETH WHEREAS, the Grantor is the owner of a certain parcel of land described in a deed recorded in the Renssealaer County Clerk's Office in Book 85 of Deeds at Page 482 and Tax Map Parcel No. 70.00- 1-1.115 in which it is necessary for the Grantee, its successors and/or assigns, to enter, maintain, pass through, cross or encroach upon for the purpose of construction, operation and/or maintaining water transmission main(s). NOW, THEREFORE, the Grantor, in consideration of ONE DOLLAR ($1.00) lawful money of the United States, and other good and valuable consideration paid by the Grantee, the receipt of which is hereby acknowledged, does herby grant, release, transfer and convey to the Grantee, its successors and/or assigns forever, A PERMA.i'\ffiNT RIGHT OF WAY AND EASEMENT FOR THE INSTALLATION, MAINTENANCE, INSPECTION, REPAIR, REMOVAL, REPLACEMENT, IMPROVEMENT, USE AND OPERATION OF WATER TRANSMISSION MAIN(S) AND APPURTENANCES, TOGETHER WlTH TEMPORARY EASEMENTS DlTRING ANY PERIOD WHERE THERE IS CONSTRUCTION ON OR PERTAINING TO SAID WATER TRA.NSMISSION MAJN(s) OVER ALL THAT CERTAIN TRACT, PIECE OR PARCEL OF LAND, situate in the Town of Schaghticoke, County of Rensselaer, State of New York, more particularly bounded and described in a legal description which is attached hereto and made a part hereof as Schedule "A." Said tract, piece or parcel of land is also depicted on that map entitled "Proposed Easements Lands Now Or Formerly OfPleasantdale Rod And Gun Club, Inc. To Be Granted To The City Of Troy Proposed Water Transmission Main- Tax Map Parcel I.D. 70.00-1-1.115," dated March 30, 2015, prepared by C.T. Male Associates, P.C., which is attached hereto and made a part hereof as Schedule "B." The Grantor andl'or its, successors and assigns shall neither make nor cause any construction of, nor the erection of any structure, whether intended to be permanent or temporary, including, but not limited to brick, stone or block walls, within the boundaries of the permanent easement described herein. The Grantor andl'or its, successors, and assigns shall neither install an underground lawn sprinkler system nor underground pet fence within the aforesaid boundaries of the permanent easement described herein. The Grantee andl'or its successors and/or assigns may, without further notice, remove from within the boundaries of the permanent easement described herein any obstruction which is in violation of the terms, conditions, restrictions and agreements herein stated, and the Grantee shall be under no obligation to repair, replace and/or restore such obstruction.  The Grantor and/or its, successors and assigns shall not plant any trees within the boundaries of the permanent easement described herein. The Grantor and/or its successors and assigns may, however, plant flowers, shmbs, ornamental plantings and ground cover within the boWldaries of said permanent easement. The Grantee and/or its, successors and assigns may remove from within the boundaries of the permanent easement described herein any obstruction which may interfere with the access to or the installation, repairing, replacing, maintaining the use of said water transmission main(s) and appurtenances, including trimming, cutting, removing trees or brush, providing that appropriate restoration or replacement is made in accordance with the following provisions. In the event that the Grantee, its successors and/or assigns, shall find it necessary to excavate within the boundaries of said permanent easement described herein, or remove obstructions, for the purposes of access to or installing, laying, repairing, replacing, maintaining or use of the water transmission main(s), or appurtenances, or for any other lawful purpose, the Grantee and/or its successors, assigns, contractors, employees, agents or servants shall restore or replace, as the case may be, any and all lawns, flowers, shrubs, ornamental plantings, ground cover, fences, other than brick, stone or block walls, utility lines, drains, culverts, crosswalks, curbs, sidewalks, driveways, surface and pavements or other appurtenances or property which are removed, disturbed or damaged by them in the course of such installation, laying, repairing, replacing or maintaining said water transmission main( s), appurtenances, or in the furtherance of the exercise of any rights granted herein. Such restoration or replacement shall be performed at the cost of the Grantee and shall be performed in a thoroughly workmanlike manner so that property is replaced or restored, as nearly as possible, to the condition it was in prior to the aforesaid removal, disturbance or damage except the actual area where the water transmission main(s), or appurtenances are installed will not be restored as it must function for its intended purpose. The obligation of the Grantee, its successors or assigns to replace any mature tree removed from within the area of the permanent easement described herein shall be limited to replacing said tree with a sapling of the same genus. The actual permanent easement area will be filled, graded and seeded by the Grantee pursuant to the terms and conditions of this paragraph. Except as otherwise provided herein, the Grantor may not construct improvements on his/her/their property within the area of the aforesaid permanent easement, such as recreational areas, driveways, pavements, parking area, flowers, shrubs, ornamental plantings, groWld cover, signs and/or other construction. Grantor may submit a written request to the Grantee if Grantor wants to construct any improvement within the area of the aforesaid permanent easement. The Grantee may deny such request if, in the sole discretion of the said Grantee, said requested construction shall interfere in any way with the use, operation or access to the permanent easement herein created. THIS Right of Way and Easement shall run with the land and be binding on the parties hereto and their respective heirs, successors and/or assigns. SlJBJECT to any and all enforceable easements, restrictions, and conditions or record. AND Grantor hereby warrants that he/she/they have fee simple ownership of the land or property containing and comprising the easement area and right of way described herein, and that he/she/they have good and lawful right to make and execute this document and to agree to all of the tenns hereof, including, but not limited to the conveyance to the Grantee of the rights described herein.  IN WITNESS WHEREOF, the parties hereto have executed this instrument as of the day and year first written above. PLEASANTDALE ROD AND GUN CLUB, INC. CITY OF TROY BY: _ _ _ _ _ _ _ _ _ __ State ofNew York ) ) ss.: County of {1-etJsselo.d<" On~e li day of J.lallt~ the year 2015 before me, the un. dersigned, personally appeared I±J.kn _. 8a nde 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 the person upon behalf of which the individual acted, executed the instrum~ ~v NOTARY PUSUC, StaN of New Yom No. 01M08074369 Qua6lfied In ~r County Comm!ulon ~ May 13, 20ffJ State of New York ) ) ss.: County of ) On the day of _ _ _ _in the year 2015 before me, the undersigned, 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 he executed the same in his capacity, and that by his signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. Notary Public State ofNew York ) ) ss.: County of ) On the day of in the year 2015 before me, the undersigned, personally appeared personally know11 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 the person upon behalf of which the individual acted, executed the instrument. --------------------------------------- Notary Public RECORD AND RETURN TO Jaime B. Thomas, Attorney at Law Schiller & Knapp, LLP 950 New Loudon Road, Suite 310 Latham, New York 12110 SCHEDULE "A" C. T. MALE ASSOCIATES Engineering. Surveying, Arct1ilecture & Landscape Architecture. D.P.C. PROPOSED EASEMENT LANDS NOW OR FORMERLY OF PLEASANTDALE ROD AND GUN CLUB, INC. TO BE GRANTED TO THE CITY OF TROY PROPOSED WATER TRANSMISSION MAIN TAX MAP PARCEL I.D. NO. 70.00-1-1.115 TOWN OF SCHAGHTICOKE, COUNTY OF RENSSELAER, STATE OF NEW YORK AREA = 4.262± ACRES OF LAND PERMANENT EASEMENT All that certain tract, piece or parcel of land situate in the Town of Schaghticoke, County of Rensselaer, State of New York, lying Northwesterly of County Route No. 124 a.k.a. Haughney Road, and being more particularly bounded and described as follows: COMMENCING at a point on the Northwesterly road boundary of County Route No. 124 a.k.a. Haughney Road as established as a 3-rod right-of-way at its point of intersection with the division line between the lands now or formerly of Pleasantdale Rod and Gun Club, Inc. as described in Book 85 of Deeds at Page 482 on the West and the lands now or formerly of Tricia L. Culliton as described in Book 6660 of Deeds at Page 1 on the East; thence from said point of commencement along said Northwesterly road boundary of County Route No. 124 a.k.a. Haughney Road as established as a 3-rod right-of-way the following two (2) courses: 1) South 50 deg. 35 min. 25 sec. West 28± feet to a point; and 2) South 49 deg. 50 min. 12 sec. West 15± feet to the point or place of beginning and runs thence from said point of beginning continuing along said Northwesterly road boundary of County Route No. 124 a.k.a. r·Iaughney Road the following two (2) courses: 1) South 49 deg. 50 min. 12 sec. West 48± feet to a point; and 2) South 49 deg. 11 min. 47 sec. West 71± feet to its point of intersection with the division line betvveen the said lands now or formerly of Pleasantdale Rod and Gun Club, Inc. on the East and the lands now or formerly of Paul]. Irish as described in Book C. T. MALE ASSOCIATES Engineering, Surveying, Architecture & Landscape Architecture, D.P.C. DESCRIPTION AREA = 4.262± ACRES OF L/\ND PAGE- 2 1346 of Deeds at Page 820 on the West; thence along said division line the following two (2) courses: 1) in a Northerly directi9n along a curve to the right having a radius of 4,353.93 feet, an arc length of 210± feet and a chord bearing of North 19 deg. 35 min. 05 sec. East 210± feet to a point; and 2) North 17 deg. 09 min. 38 sec. East 101.56 feet to its point of intersection with the division line betvveen the said lands now or formerly of Pleasantdale Rod and Gun Club, Inc. on the Southeast and the said lands now or formerly of Paul J. Irish on the Northvvest; thence North 31 deg. 29 min. 38 sec. East along the last mentioned division line 51.49 feet to its point of intersection with the common division line between the said lands now or formerly of Pleasantdale Rod and Gun Club, Inc. on the Southeast and the said lands now or formerly of Paul J, Irish, lands now or formerly of Michael D. Derubertis as described in Book 4682 of Deeds at Page 330, and lands now or formerly of Larry A. Rasmuson and Marion J. Rasmuson as described in Book 1295 of Deeds at Page 734 on the Northwest; thence along said common division line in a Northeasterly direction along a curve to the right having a radius of 4,344.38 feet an arc length of 652.58 feet and a chord bearing of North 27 deg. 16 min. 43 sec. East 51.97 feet to a point; thence through the said lands now or fonnerly of Pleasantdale Rod and Gun Club, Inc. the following three (3) courses: 1) North 35 deg. 54 min. 29 sec. East 589.16 feet to a point; 2) North 38 deg. 09 min. 31 sec. East 244.29 feet to a point; and 3) North 38 deg. 31 min. 38 sec. East 164± feet to a point on the Southerly road boundary of County Route No. 124 a.k.a. Irish Road; thence along the Southerly and Southwesterly road boundary of County Route No. 124 a.k.a. Irish  C. T. MALE ASSOCIATES Engineering. Surveying, Architecture & Landscape Architecture. D.P.C. DESCRIPTION AREA = 4.262= ACRES OF LAND PAGE-3 Road the following two (2) courses: 1) in a Southerly direction along a curve to the left having a radius of 150.00 feet, an arc length of 61± feet and a chord bearing of South 13 deg. 08 min. 42 sec. East 61± feet to a point of tangency; and 2) South 24 deg. 49 min. 13 sec. East 14± feet to a point; thence through the said lands now or formerly of Pleasantdale Rod and Gun Club, Inc. the following eleven (11) courses: 1) South 38 deg. 31 m.in. 38 sec. West 120± feet to a point; 2) South 38 deg. 09 min. 31 sec. West 243.99 feet to a point; 3) South 35 deg. 54 min. 29 sec. West 585.13 feet to a point; 4) South 29 deg. 57 min. 11 sec. West 242.76 feet to a point; 5) South 27 deg. 42 min. 01 sec. West 92.77 feet to a point; 6) South 26 deg. 45 min. 33 sec. West 46.74 feet to a point; 7) South 24 deg. 49 min. 24 sec. West 243.28 feet to a point; 8) South 23 deg. 05 min. 24 sec. West 21.06 feet to a point; 9) South 31 deg. 29 min. 38 sec. West 48.56 feet to a point; 10) South 17 deg. 33 min. 19 sec. West 83.25 feet to a point; and 11) South 19 deg. 18 min. 16 sec. West 120± feet to the point or place of beginning and containing 185,646± square feet or 4.262 acres of land, more or less. Apri18, 2015 WJN/tlsl/amb C.T. Male Project Nu. 14.-13-16 SCHEDULE "B" \, __ ______ __ . ., ,.; / /  r··- .r-· ··-··--~El ' ,,/ / ....I I L._  ORD # 109 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 BE IT ENACTED, by the City Council of the City ofTroy, as follows: Section 1: § C-285-67 of the Code of Troy is amended to read as follows with new matter underlined and deleted material stricken: J Notwithstanding any other provision of this code to the contrary, no new convenience store, variety store or retail establishment not otherwise defined in this code shall be allowed to open within the City limits of Troy, New York. No existing convenience store, variety store or retail establishment not otherwise defined in this code shall be altered, enlarged or extended in any degree or capacity. No existing convenience store, variety store or retail establishment not otherwise defined in this code shall be allowed to reopened after being closed for six consecutive months, nor shall any other use, whether conforming or nonconforming be changed to a convenience store, variety store or retail use not otherwise defined in this code through the duration ofthis moratorium. This moratorium shall be in effect until December 31,2015 June 1, 2016. Approved as to form, November 17,2015 Ian H. Silverman, Esq., Corporation Counsel  ORD#llO ORDINANCE AMENDING THE 2015 CITY BUDGET TO TRANSFER FUNDS WITHIN THE GENERAL AND BUDGET LINES The City of Troy, convened in City Council, ordains as follows: Section 1. The City ofTroy 2015 GENERAL AND SEWER FUNDS budgets is herein amended and set forth in Schedule "A" entitled: December 2015 Transfers which is attached hereto and made a part hereof. Section 2. This act will take effect immediately. Approved as to form November 17, 2015 Ian H. Silverman, Corporation Counsel  ORD#110 MEMO IN SUPPORT Title: Ordinance amending the 2015 General and Sewer Fund Budget appropriations. Summary of Provisions: This legislation is being initiated by the administration and will transfer funds from certain accounts within the General and Sewer Fund. Present Law: N/A Purpose: The administration begins the process of building a budget the summer before the budget is due. The administration files the budget on October 1st and the City Council passes the budget in December. The several hundred expense categories contained in the 2015 budget are estimates of those expenses made in 2014 for 2015. Overall Budget Fiscal Impact: None.  Sttrd ·d=J ov-d CITY OF TROY, NEW YORK I JO December 2015 Transfers Schedule "A" Account No. Description YTD Adjusted Adjusted Budget Change Budget General Fund A.1 010.0804 City Council PENSION & RETIREMENT.. 16,616.00 4,291.00 20,907.00 A.1210.0804 Mayor PENSION & RETIREMENT .. 26,985.00 6,967.00 33,952.00 A.1315.0804 Comptroller PENSION & RETIREMENT .. 72,914.00 18,829.00 91,743.00 A.1320.0804 City Auditor PENSION & RETIREMENT .. 7,837.00 2,023.00 9,860.00 A.1325.0804 Treasurer PENSION & RETIREMENT.. 17,162.00 4,431.00 21,593.00 A.1345.0804 Purchasing PENSION & RETIREMENT .. 8,756.00 2,261.00 11,017.00 A.1355.0804 Assessor PENSION'& RETIREMENT .. 25,147.00 6,494.00 31,641.00 A.1410.0804 City Clerk PENSION & RETIREMENT .. 17,442.00 4,504.00 21,946.00 A.1420.0804 Law PENSION & RETIREMENT .. 34,636.00 8,945.00 43,581.00 A.1430.0804 Personnel PENSION & RETIREMENT.. 23,890.00 6,168.00 30,058.00 A.1440.0804 Engineering PENSION & RETIREMENT .. 34,257.00 8,847.00 43,104.00 A.1490.0804 City Svcs Admin PENSION & RETIREMENT .. 27,848.00 7,190.00 35,038.00 A. 1620.0804 DPW _ Facility Maintenance PENSION & RETIREMENT .. 57,094.00 14,743.00 71,837.00 A.1640.0804 DPW _ Central Garage PENSION & RETIREMENT.. 43,390.00 11,203.00 54,593.00 A. 1680.0804 Information Systems PENSION & RETIREMENT .. 36,487.00 9,421.00 45,908.00 NYS RETIREMENT.NYS RET- A.3120.0804.0031 Public Safety Police CIVILIANS .. 82,190.00 21,225.00 103,415.00 A.3320.0804 DPWTraffic PENSION & RETIREMENT .. 22,491.00 5,807.00 28,298.00 NYS RETIREMENT.NYS RET- A.3410.0804.0031 Public Safety Fire CIVILIANS.. 22,907.00 5,914.00 28,821.00 A.3620.0804 DPW Code Enforcement PENSION & RETIREMENT .. 64,634.00 16,690.00 81,324.00 A.4020.0804 Vital Statistics PENSION & RETIREMENT.. 13,656.00 3,528.00 17,184.00 A.511 0.0804 DPW Streets PENSION & RETIREMENT.. 163,220.00 42,147.00 205,367.00 A. 7150.0804 Recreation PENSION & RETIREMENT .. 111,695.00 28,842.00 140,537.00 A.8020.0804 Planning PENSION & RETIREMENT .. 58,910.00 15,213.00 74,123.00 A.8021.0804 Zoning Boards & Planning Comm PENSION & RETIREMENT .. 1,694.00 436.00 2,130.00 A.8022.0804 Housing and Community Development PENSION & RETIREMENT .. 41,177.00 10,632.00 51,809.00 A.8160.0804 DPW Sanitation PENSION & RETIREMENT .. 148,778.00 38,422.00 187,200.00 A.1990.0418.0091 Contingencies Strategy 305,173.00 (305,173.00) 0.0 a) Total Fund A GENERAL FUND $0.00 Sewer Fund 68120.0404.0091 Sewer Combined Swr Overflow Plan (CSO) 1,928,903.00 (900,000.00) 1,028,903.00 b) 6950.0998.0000 Sewer Debt Service Reserve 0.00 900,000.00 900,000.00 b) Total Fund G Sewer Fund Q.llll Foot Note a) To Distribute the Contingencies Strategy Monies to Various Departments Pension and Retirement Account b) To Transfer Combined Sewer Overflow Monies to Debt Service Reserve.  RES# 72 RESOLUTION APPOINTING COMMISSIONERS OF DEEDS FOR THE CITY OF TROY BE IT RESOLVED, that the City Council hereby appoints the following persons, as identified in the attached applications hereto and made a part hereof, Commissioners of Deeds for the City of Troy for a two-year term. Margreta Dolan 12-3-15 to 12-3-17 21 First Street, Suite 540 Troy, NY 12180 Meghan J. LaBarge 12-3-15 to 12-3-17 143 Euclid Avenue Troy, NY 12180 Cheryl Christiansen 12-3-15 to 12-3-17 48 Colleen Road Troy, NY 12180 Approved as to form, October 28, 2015 Ian H. Silverman, Esq., Corporation Counsel  RES# 73 RESOLUTION DETERMINING THAT PROPOSED ACTIONS ARE TYPE II ACTIONS FOR PURPOSES OF THE NEW YORK STATE ENVIRONMENTAL QUALITY REVIEW ACT WHEREAS, Cellco Partnership d/b/a Verizon Wireless (hereinafter "Verizon Wireless") is a public utility engaged in the provision of personal wireless services; and WHEREAS, Verizon Wireless and the City of Troy, have an existing lease agreement that allows Verizon Wireless to lease a portion of the water tank and real property owned by the City, located off Tibbets A venue, together with the right to place communications equipment, utilities and related appurtenances on and around the City property (the "Lease"); and WHEREAS, the existing lease agreement is set to expire and Verizon Wireless has approached the City of Troy, Rensselaer County and requested permission to extend the lease agreement (the "Proposed Lease"); 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 ofNew 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 each of 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 the Regulations) and no further action under the SEQR Act and the Regulations is required. 2. This resolution shall take effect immediately. Approved as to form, November 2, 2015 Ian H. Silverman, Esq., Corporation Counsel  RES #74 RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT WITH CELLCO PARTNERSHIP D/B/A VERIZON WIRELESS (HEREINAFTER "VERIZON WIRELESS" WHEREAS, Cellco Partnership d/b/a Verizon Wireless (hereinafter "Verizon Wireless") is a public utility engaged in the provision of personal wireless services; and WHEREAS, Verizon Wireless and the City of Troy, have an existing lease agreement that allows Verizon Wireless to lease a portion of the water tank and real property owned by the City, located offTibbits Avenue, together with the right to place communications equipment, utilities and related appurtenances on and around the City property (the "Lease"); and WHEREAS, the existing lease agreement is set to expire and V erizon Wireless has approached the City of Troy, Rensselaer County and requested permission to extend the lease agreement (the "Proposed Lease"); NOW THEREFORE BE IT RESOLVED, that the City Council hereby authorizes the Mayor to execute a contract with Verizon Wireless to extend the existing lease agreement for the lease of a portion of the water tank located off of Tibbits Avenue and said contract will be in substantial compliance with the contract attached hereto and made a part hereof. Approved as to form, November 2, 2015 Ian H. Silverman, Esq., Corporation Counsel  TroyWT AMENDMENT TO LEASE OF SPACE ON CITY WATER TOWER FACILITY This AMENDMENT TO LEASE OF SPACE ON CITY WATER TOWER FACILITY made as of the day of 2015 (the 11 Amendment11), by and between THE CITY OF TROY, RENSSELAER COUNTY, a municipal corporation having its principal office located at 433 River Street, Troy, New York 12180 (hereinafter designated LESSOR) and CELLCO PARTNERSHIP d/b/a Verizon Wireless, with principal offices located at One Verizon Way, Mail Stop 4AW100, Basking Ridge, New Jersey 07920 (hereinafter designated TENANT. The LESSOR and TENANT are at times collectively referred to hereinafter as the "Parties" or individually as the "Party"). RECITALS A. WHEREAS, LESSOR is the owner in fee of a certain real property located off of Tibbits Avenue, in the City of Troy, County of Rensselaer, State of New York, and more particularly described as Tax Map Parcel No. 101.42-5-1. B. WHEREAS, LESSOR and TENANT entered into the Lease of Space on City Water Tower Facility dated the 13th day of October, 1995, as amended (the" Agreement"); c. WHEREAS, the Agreement will expire on _____ __, 2015 and; and D. WHEREAS, the LESSOR and TENANT desire and intend to amend the Agreement as provided herein. NOW, THEREFORE, in consideration for these premises and for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, LESSOR and TENANT do hereby agree as follows: 1. Paragraph 5 of the Agreement is amended to include the following provision: This Agreement shall automatically be extended for four (4) additional five (5) year extension terms commencing on __, 2015 unless TENANT terminates it at the end of the then current term by giving LESSOR written notice of the intent to terminate at least six (6) months prior to the end of the then current term. 2. Paragraph 6 of the Agreement is deleted in its entirety and replaced with the following provision: The annual rental for the first five (5) year extension term that commences on _ _ _ _ __, 2015 shall be increased to $24,000.00 Dollars, payable in one  lump sum payment of $120,000.00 for the entire term; the annual rental for the second five (5) year extension term shall be increased to $27,600.00 Dollars, payable in one lump sum payment of $138,000.00 for the entire term; the annual rent for the third five (5) year extension term shall be increased to $31,740.00 Dollars, payable in one lump sum payment of $158,700.00 for the entire term; and the annual rent for the fourth FIVE (5) year extension term shall be increased to $36,501.00 Dollars, payable in one lump sum payment of $182,505.00 for the entire term; each payable to LESSOR in advance of or on the commencement date of the applicable extension term. 3. Paragraph 7 of the Agreement is deleted in its entirety and replaced with the following: If at the end of the fourth (4th) five (5) year extension term this Agreement has not been terminated by either Party by giving to the other written notice of an intention to terminate it at least three (3) months prior to the end of such term, this Agreement shall continue in force upon the same covenants, terms and conditions for a further term of five (5) years and for three (3) additional five (5) year terms and one (1) additional term of four (4) years thereafter until terminated by either Party by giving to the other written notice of its intention to so terminate at least three (3) months prior to the end of such term. Annual rental for each such five (5) year additional extension term shall be equal to one hundred and fifteen percent (115%) of the annual rental payable with respect to the immediately preceding five (5) year term. 4. Capitalized terms not defined in this Amendment will have the meaning ascribed to such terms in the Agreement. 5. This Amendment and the performance thereof shall be governed by, interpreted, construed and regulated in accordance with New York law. 6. Except as specifically set forth in this Amendment, the Agreement is otherwise unmodified and remain in full force and effect, and are hereby ratified, reaffirmed, and fully incorporated into this Amendment. In the event of any inconsistencies between the Agreement and this Amendment, the terms of this Amendment shall control. 7. Successor and Assigns. The terms, covenants and provisions of the Amendment (as amended) shall extend to and be binding upon the respective executors, administrators, heirs, successors and assigns of LESSOR and TENANT. (Remainder of this page intentionally left blank)  IN WITNESS WHEREOF, the Parties hereto have set their hands and seals as of the date set forth above. LESSOR: CITY OF TROY, RENSSELAER COUNTY By: Name:------------------------ Title: TENANT: CELLCO PARTNERSHIP dfb/a Verizon Wireless BY: David R. Heverling Area Vice President Network  RESOLUTION NO. 77 OF 2015 RESOLUTION APPROVING FORMATION OF A DEBT SERVICE RESERVE FUND AND THE APPROPRIATION OF $900,000 TO SUCH FUND. WHEREAS, pursuant to a bond resolution adopted on February 5, 2015 (the "Bond Resolution"), the City of Troy (the "City") authorized the issuance of up to $3,537,411 serial bonds of the City to finance the City's share of a joint sewer project to be undertaken jointly with the City of Albany, the Albany Water Board, the City of Cohoes, the Village of Green Island, the City of Rensselaer and the City of Watervliet for the construction, financing and operation of a combined sewer overflow and long-term control plan to eliminate the discharge of untreated sewage entering the Hudson River; and WHEREAS, pursuant to General Municipal Law Section 6-h, the City Council may establish a reserve fund for payment of bonded indebtedness of the City; and WHEREAS, the City Council desires to establish a reserve fund for the payment of bonded indebtedness as permitted by General Municipal Law Section 6-h and appropriate $900,000 to such fund. NOW, THEREFORE, be it resolved by the City Council of the City of Troy, New York that the establishment of a reserve fund for payment of bonded indebtedness on City bonds forming part of an issue having a maximum maturity of not less than five years, including bonded indebtedness incurred pursuant to the Bond Resolution, is hereby approved and the sum of$900,000 is hereby appropriated from 2015 appropriations to be deposited in such fund. The question of the adoption of the foregoing resolution was duly put to a vote which resulted as follows: The resolution was thereupon declared duly adopted. 2596348.1 STATEOFNEWYORK ) )SS.: COUNTY OF RENSSELAER ) I, Cheryl Christiansen, Clerk of the City of Troy, Rensselaer County, New York (the "City"), DO HEREBY CERTIFY: That I have compared the annexed abstract of the minutes of the meeting of the Council of the City (the "City Council"), held on the _ _ day of November, 2015, including the resolutions contained therein, with the originals thereof on file in my office, and the same is a true and correct copy of said original so far as the same relates to the subject matters therein referred to. I FURTHER CERTIFY that the full City Council consists of nine (9) members; I FURTHER CERTIFY that U members of the City Council were present at such meeting held on the _ _ day of , 2015; and that _ _ __ U of such members voted in favor of the above Resolution No. _ of 2015 held on the _ _ day of , 2015; I FURTHER CERTIFY that (i) all members of the City Council had due notice of the meeting, (ii) pursuant to Article 7 of the Public Officers Law (Open Meetings Law), such meeting was open to the general public, and due notice of the time and place of such meeting was duly given in accordance with Article 7 of the Public Officers Law, and (iii) the meeting was in all respects duly held. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal ofthe City this day ofNovember, 2015. Cheryl Christiansen, Clerk City ofTroy, Rensselaer County, New York (SEAL) 2 2596348.1  RES.#78 RESOLUTION COMMENDING GARY GALUSKI FOR DISTINGUISHED SERVICE TO THE CITY OF TROY WHEREAS, on the 31st day of December, 2015, Gary Galuski will be leaving the Troy City Council; and WHEREAS, Gary Galuski served the citizens of Troy for the past eight years; NOW, THEREFORE, BE IT RESOLVED, that the Troy City Council does hereby pause in its deliberations to honor and commend Gary Galuski for the years of service he rendered in the best interests of the residents of the City ofTroy; and BE IT FURTHER RESOLVED, that the Troy City Council transmit a copy of this resolution, suitably engrossed, to Gary Galuski as a token of appreciation. Approved as to form, November 18,2015 Ian H. Silverman, Esq., Corporation Counsel  RES. #79 RESOLUTION COMMENDING KEN ZALEWSKI FOR DISTINGUISHED SERVICE TO THE CITY OF TROY WHEREAS, on the 31st day ofDecember, 2015, Ken Zalewski will be leaving the Troy City Council; and WHEREAS, Ken Zalewski served the citizens of Troy for the past eight years; NOW, THEREFORE, BE IT RESOLVED, that the Troy City Council does hereby pause in its deliberations to honor and commend Ken Zalewski for the years of service he rendered in the best interests of the residents of the City of Troy; and BE IT FURTHER RESOLVED, that the Troy City Council transmit a copy of this resolution, suitably engrossed, to Ken Zalewski as a token of appreciation. Approved as to form, November 18, 2015 Ian H. Silverman, Esq., Corporation Counsel  RES. #80 RESOLUTION COMMENDING JAMES GORDON FOR DISTINGUISHED SERVICE TO THE CITY OF TROY WHEREAS, on the 31st day of December, 2015, James Gordon will be leaving the Troy City Council; and WHEREAS, James Gordon served the citizens of Troy for the past two years; NOW, THEREFORE, BE IT RESOLVED, that the Troy City Council does hereby pause in its deliberations to honor and commend James Gordon for the years of service he rendered in the best interests of the residents of the City of Troy; and BE IT FURTHER RESOLVED, that the Troy City Council transmit a copy of this resolution, suitably engrossed, to James Gordon as a token of appreciation. Approved as to form, November 18, 2015 Ian H. Silverman, Esq., Corporation Counsel  RES.# 81 RESOLUTION COMMENDING ANASTASIA ROBERTSON FOR DISTINGUISHED SERVICE TO THE CITY OF TROY WHEREAS, on the 31st day of December, 2015, Anastasia Robertson will be leaving the Troy City Council; and WHEREAS, Anastasia Robertson served the citizens of Troy for the past two years; NOW, THEREFORE, BE IT RESOLVED, that the Troy City Council does hereby pause in its deliberations to honor and commend Anastasia Robertson for the years of service she rendered in the best interests of the residents of the City of Troy; and BE IT FURTHER RESOLVED, that the Troy City Council transmit a copy of this resolution, suitably engrossed, to Anastasia Robertson as a token of appreciation. Approved as to form, November 18, 2015 Ian H. Silverman, Esq., Corporation Counsel  RES.#82 RESOLUTION COMMENDING RODNEY WILTSHIRE JR. FOR DISTINGUISHED SERVICE TO THE CITY OF TROY WHEREAS, on the 31st day of December, 2015, Rodney Wiltshire, Jr. will be leaving the Troy City Council; and WHEREAS, Rodney Wiltshire served the citizens of Troy for the past four years; NOW, THEREFORE, BE IT RESOLVED, that the Troy City Council does hereby pause in its deliberations to honor and commend Rodney Wiltshire, Jr. for the years of service he rendered in the best interests of the residents of the City of Troy; and BE IT FURTHER RESOLVED, that the Troy City Council transmit a copy ofthis resolution, suitably engrossed, to Rodney Wiltshire, Jr. as a token of appreciation. Approved as to form, November 18,2015 Ian H. Silverman, Esq., Corporation Counsel