City Council

TROY CITY COUNCIL FINANCE COMMITTEE AGENDA May 17, 2018 6:00 P.M. Pledge of Allegiance Roll Call Public Forum LOCAL LAW ORDINANCES 35. Ordinance Approving Settlement Of Tax Certiorari Proceedings Instituted By Stoneledge LLVP LLC On The Assessment Roll Of The City Of Troy. (Council President Mantello) (At The Request Of The Administration) 36. Ordinance Authorizing And Directing Sales By The Proposal Sale Method Of City-Owned Real Properties. (Council President Mantello) (At The Request Of The Administration) 37. 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) 38. Ordinance Amending The Code Of City Of Troy, Article III Chapter 247 Section 8. (Council President Mantello) (At The Request Of The Administration) 39. Ordinance Amending The Code Of The City Of Troy, Article III Chapter 205 Nuisances Section 205-24. (Council President Mantello) (At The Request Of The Administration) 40. Ordinance Transferring Funds Within The 2018 General Fund Budget. (Council President Mantello) (At The Request Of The Administration) RESOLUTIONS 64. Resolution Confirming The Appointment Of William Strang To The Troy Industrial Development Authority (Troy Ida). (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  Ord#35 ORDINANCE APPROVING SETTLEMENT OF TAX CERTIORARI PROCEEDINGS INSTITUTED BY STONELEDGE LLVP LLC 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 Stoneledge LLVP, LLC 80-3-6 18 Stoneledge Drive Section 2. The Corporation Counsel of the City of Troy is hereby authorized to execute the necessary stipulations for the settlement of the proceedings. 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, April 25, 2018 _______________________________ James A. Caruso, Corporation Counsel  MEMORANDUM IN SUPPORT TAXPAYER: Stoneledge LLVP LLC PROPERTY 80-3-6 18 Stoneledge Drive ATTORNEY: Don Hillman, COUCH WHITE LLP, Albany As of taxable status date 2017, the subject property consisted of a 192- unit apartment complex on a 46.54 acre lot. The property also includes a community building with swimming pool. In 2018, 12 additional units were added to the property, which consists of 17 buildings of apartments. Petitioner challenged the $14,600,000 assessment of the subject property. The property did not exist at the time of the 2013 revaluation. The parties have agreed to a settlement in which the 2017 assessed value will remain unchanged for the 2018 assessment roll and the current proceeding will be discontinued without revisions, refunds or costs. With the completion of the additional 12 units for 2018, the assessor could add another $912,000 to the assessment. However, the agreed-upon 2018 value is within the market value range per-unit for similar luxury apartments. As there is no reduction to the assessment, there is no tax impact.  ORD. #36 ORDINANCE AUTHORIZING AND DIRECTING SALES BY THE PROPOSAL SALE METHOD OF CITY-OWNED REAL PROPERTIES The City of Troy, in City Council convened, ordains as follows: Section 1. Pursuant to Section 83-8 of the Troy Code, the Bureau of Surplus Property accepted bids at proposal sale on the hereinafter described properties as outlined below. Section 2. The Mayor is hereby authorized and directed to sell and convey the hereinafter described real property to the following named purchasers for the sums below indicated which is hereby determined to be a fair price for the same without the necessity of competitive bidding and upon the terms and conditions set forth below. Section 3. The Mayor is hereby empowered to execute and deliver to the said bidder or bidders a quit claim deed conveying said premises hereinafter described, but said conveyance is to be made expressly subject to the conditions hereinafter set forth. Section 4. The purchaser, purchase price and terms and conditions of sales are as follows: PROPERTY PURCHASER PRICE 1. 663 Sixth Ave Ernest & Rondene Cannon $10,000.00 2. 3 102nd St James Magur $500.00 3. 1 102nd St Debra Lockrow $500.00 4. 3151 Sixth Ave Troy Community Land Bank $250.00 5. 3240 Sixth Ave Troy Community Land Bank $250.00 6. 3016-3018 Seventh Ave Pawel Paliwoda $2,000.00 7. 410 First St Finelli Development LLC $1,000.00 8. 45 Stow Ave Shannon Webb $300.00 9. Oak St Sean Kiley $500.00 10. 13 Delaware Ave Crystal Burnham $900.00 11. Acres on Route 2 Grafton Quarry LLC $60,000.00 12. Acres on Route 2 Callanan Industries $55,000.00 TERMS AND CONDITIONS: Properties will be conveyed to the prospective purchasers by Quit Claim Deed and be subject to any easement or restriction of record. Further;  ORD. #36 A. Purchaser shall be liable for and pay all closing costs related to this sale including, but not limited to: filing fees, deed stamps, survey, title report, environmental reports & cleanup and attorneys fees. Section 5. This Ordinance shall take effect immediately. Approved as to form, May 4, 2018 ____________________________________ James A. Caruso Esq., Corporation Counsel  Ord# 37 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 May 08, 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. See Attached Outline  U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT AMENDED NOTICE OF PROPOSED PROJECT FUNDING CITY OF TROY 2018-2019 ANNUAL ACTION PLAN – 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 $1,756,812 Community Development Block Grant (CDBG) funding, $146,826 Emergency Solution Grant (ESG) funding and $475,464.80 HOME Investment Partnerships Program funding. A statutory 30-day public comment period will begin on Wednesday, May 9, 2018 and ends on Thursday, June 7, 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 Final approval of the proposed 2018 One Year Annual Action Plan is scheduled for Thursday, June 7, 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. Planning & Administration (CDBG): $316,226 CDBG Planning Administration (Troy Housing Department, $316,226): 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): $ 340,586 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. Recreation (City of Troy Recreation Department, $65,586): 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 $1,110,000: South Troy Target Area Reinvestment (City of Troy Housing Department, $1,010,000): 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). 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 $146,826 ESG Administration, (CARES, $11,011.00): Administrative and related program expenses associated with the implementation of the Emergency Solutions Homeless Grant Program. Unity House Emergency Shelter Operating Expense, (Unity House, $30,202.00): 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, $6,747.00): 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, $11,017.00): Provides free Furniture to households obtaining permanent housing after homelessness. TAUM Furniture Program – Homeless Prevention (Troy Area United Ministries, $3,066.00): Provides free Furniture to households obtaining permanent housing after homelessness. Roarke Center Connections Homeless Prevention Program (Catholic Charities, $11,197.00): 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. Joseph’s House Emergency Shelter Operating Expense (Joseph’s House, $47,527.00): Operating funds: this service provides shelter and support, advocacy and re-housing services to City of Troy homeless residents. YWCA Homeless Prevention (Troy YWCA, $16,059.00): 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) $475,464.80 HOME Administration Costs (City of Troy, $47,546.48): 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, $227,918.32): 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, $200,000): 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 Thursday, June 7, 2018. After receipt of public comments from the April 6, 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, June 7, 2018. Thereafter, the City of Troy will submit its formal application for funding to HUD by June 15, 2018.  Ord# 38 ORDINANCE AMENDING THE CODE OF CITY OF TROY, ARTICLE III CHAPTER 247 SECTION 8 The City of Troy, convened in City Council, ordains as follows: Section 1. Article III Chapter 247 Section of the Code of the City of Troy is amended and reads as follows with matter underlined and deleted matter stricken: Article III. Municipal Collection §247-8. Public Services L. Late Payment Interest Charges. A monthly interest charge of three (3) percent shall be added to any delinquent installment. The City Comptroller, or in absence of one the Deputy City Comptroller, shall have the authority to not charge interest in a given month for extenuating circumstances. The interest will not be charged in entirety and shall not be eligible for individual accounts. Section 2. This act will take effect immediately. Approved as to form May 9, 2018 James A. Caruso, Corporation Counsel  Ord# 38 MEMO IN SUPPORT In reviewing Ordinance 134 passed December 29, 2017 the legislation did not include any language on interest charges for unpaid refuse bills which this ordinance now incorporates in to the City Code. The language on the refuse bills that were sent out said that interest would be charged at a rate of five (5) percent monthly; however, after further review the City Comptroller’s Office felt that the rate should be three (3) percent per month to have the rate be equal to that of delinquent property taxes. While the City recognizes any interest paid on delinquent bills as revenue the intent is more to increase collections in a given year. When delinquent mailings are sent the interest is shown separately to show the property owner how much in principal, interest and the total amount due. The section also includes language allowing for the City Comptroller, or in absence of one the Deputy City Comptroller, to not charge interest in a given month for extenuating circumstances. An example of extenuating circumstance would be May 2018. Even if interest had been included in the original iteration of the legislation, it still would not have been charged to the bills because of the number of exemptions that still needed to be processed. Again the intent of interest is not to generate additional revenue for the City but rather to encourage bills to be paid. By using an interest rate of three (3) percent monthly it historically has increased collection of property taxes and that is why the same rate is being recommended for use on refuse bills.  ORD. #39 ORDINANCE AMENDING THE CODE OF THE CITY OF TROY, ARTICLE III CHAPTER 205 NUISANCES SECTION 205-24 The City of Troy, in City Council, convened, ordains as follows: Section 1. Article III Chapter 205, Section 205-24 ; is amended to provide and read as follows with new matter underlined and deleted matter stricken. Article III: Mayor's Powers; Assignment of Points for Offenses § 205-24 Opportunity for hearing. An opportunity for a hearing shall be within 60 days 120 days after the occurrence of the most recent violation cited in the notice. Section 2. This Ordinance shall take effect immediately. Approved as to form, May 9, 2018 _________________________________________ James A. Caruso, Esq., Corporation Counsel  Ord#40 ORDINANCE TRANSFERRING FUNDS WITHIN THE 2018 GENERAL FUND BUDGET The City of Troy, convened in City Council, ordains as follows: Section 1. The City of Troy 2018 budget is herein amended as set forth in Schedule A entitled: June 2018 Budget Transfers – Employee Incentive Program which is attached hereto and made a part hereof Section 2. This act will take effect immediately. Approved as to form May 9, 2018 James A. Caruso, Corporation Counsel  Schedule A June 2018 Budget Transfers – Employee Incentive Program Original Change Revised Department Account No. Description Budget* (+/-) Budget Mayor's Office A.1210.0409.0091.0000 Employee Incentive Program 0.00 2,500.00 2,500.00 Contingency A.1990.0418.0000.0000 Contingency 940,840.00 (2,500.00) 938,340.00 Net Impact On General Fund 0.00 * Or as previously amended  RES. #64 RESOLUTION CONFIRMING THE APPOINTMENT OF WILLIAM STRANG TO THE TROY INDUSTRIAL DEVELOPMENT AUTHORITY (TROY IDA) WHEREAS, Chapter 43-A of the Consolidated Laws of New York State, “Public Authorities Law”, created and established the Troy Industrial Development Authority, hereinafter, “the Troy IDA”, and WHEREAS, the Troy IDA consist of a chairman and eight other members, all of whom are appointed by the Mayor of the City, subject to confirmation by the City Council, for a term of three (3) years, and shall include: two (2) members of the City Council of the City of Troy; one (1) representative of the school board; and one (1) representative from each of the fields of business, industry and labor, and WHEREAS, a vacancy exists on the Troy IDA; and NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Troy hereby confirms William Strang to the Troy IDA to serve a 3 year term which commences immediately. Approved as to form, May 9, 2018 ______________________________________ James A. Caruso, Esq., Corporation Counsel