City Council

TROY CITY COUNCIL FINANCE COMMITTEE AGENDA April 19, 2018 6:00 P.M. Pledge of Allegiance Roll Call Public Forum Update on the City Garbage Fee and the Status of the Solid Waste Management Plan Update on Tabled Legislation Concerning Upgrades to City Services in Conjunction with the County Update on the Leonard Hospital Site LOCAL LAW 1. A Local Law entitled “Extension of the Real Property Tax Exemption for Cold War Veterans. (Council President Mantello) ORDINANCES 27. Ordinance Amending The Code Of The City Of Troy, Chapter 258 Tax Exemption For First- Time Homebuyers of Newly Constructed Homes Exhibit A §457 (5). (Council President Mantello) (At The Request Of The Administration) 28. Ordinance Approving Settlement Of Tax Certiorari Proceedings Instituted By Estate Of Roland F. Kimlin On The Assessment Roll Of The City Of Troy. (Council President Mantello) (At The Request Of The Administration) 29. Ordinance Authorizing And Approving, The Filing Of The City Of Troy’s Application For Funding Pursuant To The Housing And Community Development Act Of 1974, The Mckinney Act Emergency Shelter Grant Program And The Home Investment Partnership Program Designating The Mayor As The Authorized Representative Of The City For Such Purposes. (Council President Mantello) (At The Request Of The Administration) RESOLUTIONS 59. Resolution Of Troy City Council Authorizing The Scheduling And Conduct Of A Public Hearing In Connection With The Proposed Adoption Of Troy’s Comprehensive Plan. (Council President Mantello) (At The Request Of The Administration) TABLED LEGISLATION 2018 17. Resolution Determining That Proposed Actions Are Type II Actions For Purposes Of The New York State Environmental Quality Review Act. (Council President Mantello) (At The Request Of The Administration) Tabled at Regular Meeting 1-11-18 18. Bond Resolution Of The City Of Troy, New York, Authorizing The Issuance Of $1,315,000 Serial Bonds To Finance The Cost Of Various Capital Improvement And Technology Improvement Projects. (Council President Mantello) (At The Request Of The Administration) Tabled at Regular Meeting 1-11-18 39. Resolution Stating the City's Council's Policy Regarding the Operations of the Troy City Clerk's Office. (Council President Mantello) Tabled at Regular Meeting 2-1-18  Local Law #1 A Local Law entitled “Extension of the Real Property Tax Exemption for Cold War Veterans ________________________________________________________________________________ Section 1. Title: This law shall be known as the Extension of the Real Property Tax Exemption for Cold War Veterans. Section 2. Purpose and Intent: A. The City Council finds and determines that the sacrifices and services provided by veterans in protecting this country should be acknowledged by providing certain tax exemptions. B. By Chapter 290 of the Laws of New York for 2017, the New York State Legislature amended Section 458-b of the Real Property Tax Law authorizing the adoption of a local law to remove the ten-year limitation on receipt of the exemption by Cold War veterans who own qualifying real property and extending the exemption for as long as they remain qualifying owners. C. The purpose of this local law is to remove the ten-year limitation on the exemption on residential real property owned by Cold War veterans and to extend such exemption for as long as a Cold War veteran remains a qualifying owner of qualified residential real property pursuant to Chapter 655 of the Laws of New York for 2007, as amended by Chapter 6 of the Laws of New York for 2008, Chapter 235 of the Laws of New York for 2009, and Chapter 290 of the Laws of New York for 2017, amending Section 458-b of the Real Property Tax Law. Section 3. Authority: This local law is enacted by the City Council of the City of Troy pursuant to its authority to adopt local laws under the New York State Constitution Article IX, the Town Law, Municipal Home Rule Law Section 10, Chapter 290 of the Laws of New York for 2017, and Section 458-b of the Real Property Tax Law. Section 4. Period of Exemption: Section 257-40 of the City Code is hereby amended to read as follows: The exemption provided by this article shall be granted to “Cold War” veterans who are owners of qualifying real property for as long as they remain qualifying owners. The commencement of the exemption shall be governed pursuant to this section. Where a qualified owner owns qualifying residential real property on the effective date of this article, or such other date as may be set forth in Section 458-b (2) (c) of the New York State Real Property Tax Law, such period shall be measured from the assessment roll prepared pursuant to the first taxable status date occurring on or after the effective date of this local law providing for such exemption. Where a qualified owner does not own qualifying residential real property on the effective date of this local law providing for such exemption, the period shall be measured from the assessment roll prepared pursuant to the first taxable status date occurring at least sixty (60) days after the date of purchase of qualifying residential real property: provided, however, that should the veteran apply for and be granted an exemption on the assessment roll prepared pursuant to a taxable status date occurring within sixty (60) days after the date of purchase of qualifying residential real property, the period shall be measured from the first assessment roll in which the exemption occurs.  Local Law #1 Section 5. Severability of Provisions: Should any section or provision of this local law be declared null, void, voidable, or invalid, such finding shall not affect the validity of the remaining portions of this local law. Section 6. Effective Date: This local law shall take effect pursuant to the provisions of Municipal Home Rule Section 27. Approved as to form, February 28, 2018 ____________________________________ James A. Caruso Esq., Corporation Counsel  MEMO IN SUPPORT Local Law 1 Purpose: Governor signed a law allowing any municipality or school district, which has adopted a local law or resolution to grant a Cold War veterans exemption for a ten year period, to adopt another local law or resolution providing the exemption authorized previously shall apply to qualifying owners of qualifying real property for as long as they remain qualifying owners, without regard to the ten year limitation. This local law removes the ten year limitation. Cold War veterans are defined as someone who served from September 2, 1945 to December 26, 1991 (the day the Soviet Union dissolved). These veterans served in the military during the Cold War (a time of high political tension between the US and Soviet Union). These veterans defended our country during a dangerous period and involved many kinds of sacrifices. Our veterans served this country faithfully and deserve our continued support and assistance. Under the City Code, Article XII (Sections 257-40 thru 257-44) is the Exemption for Cold War Veterans. Our city's original local law was effective March 1, 2009. Presently in the 2018 budget (page 206), there are 54 Cold War veterans eligible for this exemption. The fiscal impact does not change for 2018 or 2019. Carmella R. Mantello Council President  ORD#27 ORDINANCE AMENDING THE CODE OF THE CITY OF TROY, CHAPTER 258 TAX EXEMPTION FOR FIRST-TIME HOMEBUYERS OF NEWLY CONSTRUCTED HOMES EXHIBIT A §457 (5) The City of Troy, in City Council, convened, ordains as follows: Section 1. Chapter 258, Exhibit A §457 (5) of the Code of the City of Troy, entitled TAX EXEMPTION FOR FIRST-TIME HOMEBUYERS OF NEWLY CONSTRUCTED HOMES, is amended to provide and read as follows with new matter underlined and deleted matter stricken. § 457. Exemption for first-time homebuyers of newly constructed homes 5. No exemption shall be allowed pursuant to this section for any newly constructed primary residential property purchased by a first-time homebuyer on or after December thirty-first, two thousand twenty-two, unless such purchase is pursuant to a binding written contract entered into prior to December thirty-first, two thousand sixteen two thousand twenty- two. Provided, however, that any first-time homebuyer who is allowed an exemption pursuant to this section prior to such date shall continue to be allowed further exemptions pursuant to subdivision one of this section. Section 2. This Ordinance shall take effect immediately. Approved as to form March 23, 2018 James A. Caruso, Esq., Corporation Counsel  MEMORANDUM IN SUPPORT Title: Ordinance amending the Code of the City of Troy, Chapter 258 Tax Exemption for first-time homebuyers of newly constructed homes, Exhibit A, §457(5) Summary of Provisions: In 2007, the Troy City Council passed Local Law No. 5 which adopted Section 457 of the real Property Tax law (RPTL) providing an exemption for first time homebuyers of newly constructed homes that met the purchase price limits defined by the State of New York Mortgage Agency low interest rate mortgage program. Section 475 was scheduled to expire December 31, 2016. The State of New York extended the program through December 31, 2022. By amending Chapter 258, Exhibit A (5) The City continues the exemption program as authorized and provided by the State. Present Law: Code of the City of Troy, Chapter 258, Tax Exemption for first-time homebuyers of newly constructed homes, Exhibit A, §457(5) Fiscal Impact: None Council Committee: Finance  Ord. #28 ORDINANCE APPROVING SETTLEMENT OF TAX CERTIORARI PROCEEDINGS INSTITUTED BY ESTATE OF ROLAND F. KIMLIN ON THE ASSESSMENT ROLL OF THE CITY OF TROY The City of Troy, in City Council, convened, ordains as follows: Section 1. The Corporation Counsel of the City of Troy is hereby authorized to compromise and settle tax certiorari proceeding instituted by the following taxpayer as provided in certain stipulation on file with the office of the Corporation Counsel: PROPERTY OWNER PARCEL NO. ADDRESS Estate of Roland F. Kimlin 112.58-2-1 460 Pawling Ave. Section 2. The Corporation Counsel of the City of Troy is hereby authorized to execute the necessary stipulations for the settlement of the proceedings and the Orders based on said stipulations shall authorize the City Treasurer of the City of Troy to revise the 2017 assessment roll to reflect said changes. Section 3. Upon receipt by the City Treasurer and the City Comptroller of the executed Stipulations and Orders, said tax rolls shall be adjusted accordingly, and the necessary refunds will be made to the property owner, if applicable. Section 4. This Ordinance shall take effect immediately. Approved as to form, March 26, 2018 _______________________________ James A. Caruso, Esq., Corporation Counsel  MEMORANDUM IN SUPPORT TAXPAYER: Estate of Roland F. Kimlin PROPERTY 112.58-2-1 460 Pawling Avenue ATTORNEY: R. Christopher Dempf, Tobin & Dempf, Albany The parcel consists of a 4,269 square foot single family home with four bedrooms and 2.5 bathrooms on a half acre lot. The property was built in 1880. The property is assessed for $329,000. The property was sold by the estate of the owner in 2017 for $200,000. The property was appraised for estate tax purposes for $250,000. The parties have agreed to a settlement in which the assessment would be reduced to $250,000, with refunds waived from the City of Troy. The following is the tax impact of the settlement. Revised Assessed Assessed Total Tax City Value Value refund/impact Impact $329,000 $250,000 $ 3,431.76 $1,092.57  Ord# 29 ORDINANCE AUTHORIZING AND APPROVING, THE FILING OF THE CITY OF TROY’S APPLICATION FOR FUNDING PURSUANT TO THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974, THE MCKINNEY ACT EMERGENCY SHELTER GRANT PROGRAM AND THE HOME INVESTMENT PARTNERSHIP PROGRAM DESIGNATING THE MAYOR AS THE AUTHORIZED REPRESENTATIVE OF THE CITY FOR SUCH PURPOSES The City of Troy, convened in City Council, ordains as follows: Section 1. The City of Troy’s consolidated plan grant funding for the 2018-2019 program year is set forth in the notice of proposed project funding, identified as Schedule “A”, which is attached hereto and made a part hereof. The Mayor on behalf of the City of Troy be and hereby is designated as the authorized representative of the City of Troy to act in connection with the filing of an application for funds pursuant to the United States Housing and Community Development Act of 1974 (CDBG), the McKinney Act Emergency Shelter Grant Program (ESG), and the HOME Investment Partnership Program (HOME). Section 2. The Mayor, on behalf of the City of Troy, is hereby authorized to execute all contracts, documents, and other instruments in furtherance of implementing all projects associated with and described in such application and to use such funds pursuant to such application and described in the attached Public Hearing Notice and undertake other such actions and provide such additional information as may be required in the furtherance thereof. Section 3. This act will take effect immediately. Approved as to form April 12, 2018 James A. Caruso, Corporation Counsel  Memo In Support This legislation outlines the current proposed amounts for the July 1, 2018 – June 30, 2019 program year for the CDBG, ESG and HOME Programs. As indicated throughout this process these amounts will not be final until appropriations have been set forth by the federal government, with a ten percent variance possible in both a positive or negative direction. It is required though under the program guidelines that the annual action plan is passed at this time. Therefore we are using the estimated amounts at this time and then will present legislation with the final amounts upon passage by the federal government.  Ord. 29, Schedule A U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT NOTICE OF PROPOSED PROJECT FUNDING CITY OF TROY 2018-2019 ANNUAL ACTION PLAN NOTICE OF 30-DAY PUBLIC COMMENT PERIOD ____________________________________________________________________ Notice is hereby given that the City of Troy, New York hereby present its proposed 2018 One Year Action Plan budget (OYAP) for the 2018-2019 Consolidated Planning program year that begins July 1, 2018. The Proposed U.S. Department of Housing and Urban Development funding includes $1,630,991 Community Development Block Grant (CDBG) funding, $148,110 Emergency Solution Grant (ESG) funding and $360,958 HOME Investment Partnerships Program funding. Due to the fact that HUD does not yet have final budget numbers from Congress these numbers are as close to what can be expected with a 10% +/- adjustment and there may be slight changes. A statutory 30-day public comment period will begin on Saturday, March 31, 2018 and ends on Monday, April 30, 2018. All residents, property owners, and other stakeholders of the City of Troy are encouraged to submit written comments or questions regarding the draft One Year Annual Action Plan to the Department of Housing & Community Development located at City Hall, 433 River Street Troy, NY 12180 or email to carolin.skriptshak@troyny.gov In addition, a special public hearing by the Troy City Council will be held at City Hall, 433 River Street, Troy on Thursday April 5, 2018 at 6:45 PM. Troy stakeholder and city residents are encouraged to comment on the proposed 2018 Annual Action Plan budget. Final approval of the proposed 2018 One Year Annual Action Plan is scheduled for Thursday, May 3, 2018 at 7:00 PM the regularly scheduled Troy City Council meeting. A copy of the Five Year Strategic Plan of the Consolidated Plan as well as the Annual Action Plan are available for public review weekdays between the hours of 8:30 AM to 4:30 PM at the offices of the Department of Housing and Community Development in Troy City Hall and on the web page “TROYNY.GOV”. Again there could be a 10% adjustment +/- to the funding being proposed for the following projects: Planning & Administration (CDBG): $ 292,624 CDBG Planning Administration (Troy Housing Department, $292,624): Funding is for staff salaries, and to perform the administrative requirements of the Community Development Block Grant program as required under the regulatory statutes of the United States Department of Housing and Urban Development (U.S. Department of HUD). Neighborhood Livability (CDBG): $ 338,367 Code Enforcement (Troy Code Enforcement Department, $ 275,000): funding to conduct code inspections and related program delivery work in low/moderate income census tract areas.  Ord. 29, Schedule A Recreation (City of Troy Recreation Department, $63,367): Recreation improvement projects will consist of project based improvements at various park locations to improve safety conditions, access, and projects that expand recreational opportunities for City residents. SOUTH TROY TARGET AREA REINVESTMENT $1,000,000.00 South Troy Target Area Reinvestment (City of Troy Housing Department, $910,000): The South Troy Target Area Phase 1 will consist of targeted infrastructure improvements, and neighborhood quality of life improvements including, sidewalks and curbing replacement, milling & paving, streetscape improvements, public safety and neighborhood park improvements. Starting on 1st, 2nd, 3rd & 4th Streets at Jackson and heading north. This will be a 2 ½ year Project (2017- 2019) with CDBG funding totaling $2.5 million. Program Delivery Expense (City of Troy Housing Department, $90,000): Direct program expenses related to the South Troy infrastructure project including onsite project management oversight, design and engineering, Davis Bacon compliance and related work and coordination with contractors and homeowners. ESG Homelessness $148,110 ESG Administration, (CARES, $11,105.00): Administrative and related program expenses associated with the implementation of the Emergency Solutions Homeless Grant Program. Unity House Emergency Shelter Operating Expense, (Unity House, $30,488.00): Emergency shelter operating funds: this service provides emergency shelter and support for domestic violence victims and their children who are faced with homelessness as a result of domestic violence. Unity House Homeless Prevention, (Unity House, $6,811.00): The Unity House Prevention program provides emergency rental assistance and security deposits for residents that are at risk of becoming homeless. TAUM Furniture Program – Rapid Rehousing (Troy Area United Ministries, $11,121.00): Provides free Furniture to households obtaining permanent housing after homelessness. TAUM Furniture Program – Homeless Prevention (Troy Area United Ministries, $3,095.00): Provides free Furniture to households obtaining permanent housing after homelessness. Roarke Center Connections Homeless Prevention Program (Catholic Charities, $11,303.00): The Roake Center Prevention program provides case management and rental assistance for residents that are at risk of becoming homeless. As a means to keep residents from becoming homeless clients are provided on-going services related to education, rehabilitation, job search, mental health and maintaining permanent housing.  Ord. 29, Schedule A Joseph’s House Emergency Shelter Operating Expense (Joseph’s House, $47,976.00): Operating funds: this service provides shelter and support, advocacy and re-housing services to City of Troy homeless residents. YWCA Homeless Prevention (Troy YWCA, $16,211.00): Program serves more than 50 homeless women and women with children to work towards becoming self sufficient. Homelessness Planning and Assistance Services (Corporation for AIDS Research, Education and Services, Inc. (CARES), $10,000): Funds to provide updates and maintenance of the Homeless Management Information Services System (HMIS) database required by United States Department of Housing and Urban Development (USDHUD). (HOME) $360,958.00 HOME Administration Costs (City of Troy, $36,095.00): Perform the administrative requirements of the HOME program as requested by the City of Troy and by the United States Department of Housing and Urban Development (USHUD). CHDO Set-Aside Project (TBD, $224,863.00): A certified CHDO will undertake new construction projects or perform rehabilitation on city owned property that will be sold to low and moderate income persons either in the Troy Housing Authority’s Self- Sufficiency program, the City’s Homebuyer Incentive Program, or Habitat for Humanity homebuyers. Homeowners Incentive Program (TRIP, $100,000): Grants for City of Troy first time homebuyers. Grant provides down payments, closing costs, and mortgage reductions for low/moderate income first time homebuyers. All Troy residents and taxpayers, as well as neighborhood organizations, businesses, and other stakeholders in Troy are invited to review this spending plan and comment on it in writing, until 4:30 PM on Monday April 30, 2018. After receipt of public comments from the April 5, 2018 public hearing, and 30-day public comment period the City Council will move to approve the One Year Annual Action Plan at its regular meeting at 7:00 PM on Thursday, May 3, 2018. Thereafter, the City of Troy will submit its formal application for funding to HUD by May 17, 2018.  RES. #59 RESOLUTION OF TROY CITY COUNCIL AUTHORIZING THE SCHEDULING AND CONDUCT OF A PUBLIC HEARING IN CONNECTION WITH THE PROPOSED ADOPTION OF TROY’S COMPREHENSIVE PLAN RESOLVED that the City Council of the City of Troy will conduct a Public Hearing in relation to: Adoption of Troy’s Comprehensive Plan; Public Hearing shall be held on May 17th, 2018 at 5:30 p.m. at Council Chambers, Troy City Hall, 433 River Street, Troy, New York. RESOLVED, that the City Clerk shall have the following notice published in the appropriate manner: NOTICE OF PUBLIC HEARING Adoption of Troy’s Comprehensive Plan; Said Public Hearing shall be held on May 17th, 2018 at 5:30 p.m. at Council Chambers, Troy City Hall, 433 River Street, Troy, New York. All interested parties may be heard and complete copies of proposed Local Law shall be made available online at Realizetroy.com and at the City Clerk’s office for public inspection beginning May 3rd, 2018 Approved as to form, April 11, 2018 ___________________________________ James A. Caruso, Esq., Corporation Counsel