City Council

TROY CITY COUNCIL FINANCE COMMITTEE AGENDA July 26, 2018 6:00 P.M. Pledge of Allegiance Roll Call Public Forum LOCAL LAW 2. A Local Law To Amend Chapter 37 Of The Code Of The City Of Troy Entitled “Energize NY Benefit Finance Program.” (Council President Mantello) (At The Request Of The Administration) ORDINANCES 65. Ordinance Amending The Special Grants Fund Budget. (Council President Mantello) (At The Request Of The Administration) 66. Ordinance Declaring Certain City Owned Property As Surplus And Directing The Comptroller To Dispose Of Said Property. (Council President Mantello) (At The Request Of The Administration) 67. Ordinance Amending The Special Grants Fund Budget. (Council President Mantello) (At The Request Of The Administration) 68. Ordinance Amending The 2018 General Fund Budget To Accept Funds From The New York State Division Of Criminal Justice Services For The Purpose Of Gun Involved Violence Elimination. (Council President Mantello) (At The Request Of The Administration) 69. Ordinance Declaring A Portion Of Tax Map # 101.37-3-8 (FKA 101.38-9-18) As Surplus And Directing The Comptroller To Dispose Of Said Property. (Council President Mantello) (At The Request Of The Administration) 70. Ordinance Transferring Funds Within The 2018 General Fund Budget. (Council President Mantello) (At The Request Of The Administration) 71. Ordinance Transferring Funds Within The Special Grants Fund Budget. (Council President Mantello) (At The Request Of The Administration) 72. Ordinance Amending Section 270-21 Of Chapter 28 Of The City Code Entitled Vehicles And Traffic - Parking Meters By Adding Section (Q). (Council President Mantello) RESOLUTIONS 79. Resolution Authorizing The Mayor To Execute The “Energy Improvement Corporation Amended Municipal Agreement.” (Council President Mantello) (At The Request Of The Administration) 80. Resolution Of Troy City Council Authorizing The Scheduling And Conduct Of A Public Hearing In Connection With Local Law To Revise Chapter 37-Energize NY Benefit Finance Program. (Council President Mantello) (At The Request Of The Administration) 81. Resolution Appointing Angela Adamo Assistant To The City Clerk. (Council President Mantello) 82. Resolution Appointing Commissioners Of Deeds For The City Of Troy. (Council President Mantello) 83. Endorsing The City Of Troy, NY In Its Joint Application With Watervliet, NY Under The New York State Consolidated Funding Application (CFA) Program And Resolution By The Troy City Council Approving And The New York State Department Of State (DOS) – Local Waterfront Revitalization Program (LWRP). (Council President Mantello) (At The Request Of The Administration) 84. Resolution By The Troy City Council Approving And Endorsing The City Of Troy, NY In Its Application Under The New York State Consolidated Funding Application (CFA) Program And The New York State Department Of Environmental Conservation (NYSDEC) Climate Smart Communities Grant Program. (Council President Mantello) (At The Request Of The Administration) 03/20/2018 LOCAL LAW NO _2___ A LOCAL LAW TO AMMEND CHAPTER 37 OF THE CODE OF THE CITY OF TROY ENTITLED “ENERGIZE NY BENEFIT FINANCE PROGRAM” Be it enacted by the City of Troy, as follows: Section 1. Chapter 37: Energize NY Benefit Finance Program is hereby amended to read as follows: This Local Law shall be known as the “Energize NY Benefit Finance Program,” and shall read as follows: ARTICLE I §37-1. Legislative findings, intent and purpose, authority. A. It is the policy of both the City of Troy and the State of New York to achieve energy efficiency and renewable energy goals, reduce greenhouse gas emissions, mitigate the effect of global climate change, and advance a clean energy economy. The City of Troy finds that it can fulfill this policy by providing property assessed clean energy financing to property owners for the installation of renewable energy systems and energy efficiency measures. This law establishes a program that will allow the Energy Improvement Corporation ("EIC"), a local development corporation, acting on behalf of the City of Troy and EIC pursuant to Article 5-G of the New York General Muncipal Law (the “Municipal Agreement”), to make funds available to qualified property owners that will be repaid by such property owners through charges on the real properties benefited by such funds, thereby fulfilling the purposes of this law and fulfilling an important public purpose. B. The City of Troy is authorized to implement this Energize NY Benefit Financing Program pursuant to the Municipal Home Rule Law and Article 5-L of the New York General Municipal Law. C. This law shall be known and may be cited as the "Energize NY Benefit Financing Program Law of the City of Troy." § 37-2Definitions. For purposes of this law, and unless otherwise expressly stated or unless the context requires, the following terms shall have the meanings indicated: AUTHORITY The New York State Energy Research and Development Authority, as defined by Subdivision 2 of § 1851 of the Public Authorities Law, or its successor. EIC - The Energy Improvement Corporation, a local development corporation, duly organized under § 1411 of the Not-For-Profit Corporation Law, authorized hereby on 1 03/20/2018 LOCAL LAW NO _2___ behalf of the City of Troy to implement the Energize NY Benefit Financing Program by providing funds to qualified property owners (as defined in this law) and providing for repayment of such funds from monies collected by the City of Troy tax collector as a charge to be levied on the real property and collected in the same manner and same form as the City of Troy taxes. ENERGY AUDIT - A formal evaluation or "assessment" of the energy consumption of a permanent building or structural improvement to real property, conducted by a contractor certified by the Authority, or certified by a certifying entity approved by the Authority, for the purpose of identifying appropriate energy efficiency improvements that could be made to the property. Energy Efficiency Improvement – Any renovation or retrofitting of a building to reduce energy consumption, such as window and door replacement, lighting, caulking, weather stripping, air sealing, insulation, and heating and cooling system upgrades, and similar improvements, determined to be cost-effective pursuant to criteria established by the Authority, not including lighting measures or household appliances that are not permanently fixed to real property. Qualified Property Owner – An owner of residential or commercial real property located within the boundaries of the City of Troy that is determined to be eligible to participate in the Energize NY Benefit Financing Program under the procedures for eligibility set forth under this law. Renewable Energy System – An energy generating system for the generation of electric or thermal energy, to be used primarily at such property, except when the Qualified Property Owner is a commercial entity in which case the system may be used for other properties in addition to the subject property, by means of solar thermal, solar photovoltaic, wind, geothermal, anaerobic digester gas-to-electricity systems, fuel cell technologies, or other renewable energy technology approved by the Authority not including the combustion or pyrolysis of solid waste. Renewable Energy System Feasibility Study – A written study, conducted by a contractor certified by the Authority, or certified by a certifying entity approved by the Authority, for the purpose of determining the feasibility of installing a renewable energy system. §37-3. Establishment of an Energize NY Benefit Financing Program 2 03/20/2018 LOCAL LAW NO _2___ § 37-3Establishment of program. A. An Energize NY Benefit Financing Program is hereby established by the City of Troy, whereby EIC, acting on its behalf pursuant to the Municipal Agreement, may provide funds to qualified property owners in accordance with the procedures set forth under this law, to finance the acquisition, construction and installation of renewable energy systems and energy efficiency improvements and the verification of the installation of such systems and improvements. B. The funds provided shall not exceed the lesser of 10% of the appraised value of the real property where the renewable energy systems and/or energy efficiency improvements will be located, or the actual cost of installing the renewable energy systems and/or energy efficiency improvements, including the costs of necessary equipment, materials, and labor and the cost of verification of such systems and improvements. B. For funds provided to a Qualified Property Owner which is a commercial entity, not- for-profit organization, or entity other than an individual, EIC shall have the authority to impose requirements on the maximum amount of funds to be provided, which may consider factors including but not limited to the property value, projected savings, project cost, and existing indebtedness secured by such property. C. For financings made to a Qualified Property Owner who is an individual, the funds provided shall not exceed the lesser of: (i) ten percent of the appraised value of the real property where the Renewable Energy Systems and/or Energy Efficiency Improvements will be located, or (ii) the actual cost of installing the Renewable Energy Systems and/or Energy Efficiency Improvements, including the costs of necessary equipment, materials, and labor and the cost of verification of such systems and improvements. §37-4. Procedures for eligibility A. Any property owner in the City of Troy may submit an application to EIC on such forms as have been prepared by EIC and made available to property owners on the website of EIC and at the City Assessor offices. B. Every application submitted by a property owner shall be reviewed by EIC acting on behalf of the City of Troy, which shall make a positive or negative determination on such application based upon the criteria for making a financing enumerated in section § 37-5 of this law. EIC may also request further information from the property owner where necessary to aid in its determination. C. If a positive determination on an application is made by EIC acting on behalf of the City of Troy, the property owner shall be deemed a Qualified Property Owner and shall be eligible to participate in the Energize NY Benefit Financing Program in accordance with the procedure set forth under section 37.6 of this law; provided that 3 03/20/2018 LOCAL LAW NO _2___ in no case shall a property owner that has received funds from another municipal corporation for the acquisition, construction and installation of Energy Efficiency Improvements and/or Renewable Energy Systems be deemed a Qualified Property Owner. §37-5. Application criteria Upon the submission of an application, EIC acting on behalf of the City of Troy, shall make a positive or negative determination on such application based upon the following criteria for the making of a financing: A. The proposed Energy Efficiency Improvements and/or Renewable Energy Systems are determined to be cost effective based on guidelines issued by the Authority; The proposed energy efficiency improvements and/or renewable energy systems will generate an estimated annual cost savings greater than the annual charge payments; B. The property owner may not be in bankruptcy and the property may not constitute property subject to any pending bankruptcy proceeding; C. The amount financed under the Energize NY Benefit Financing Program shall be repaid over a term not to exceed the weighted average of the useful life of Renewable Energy Systems and Energy Efficiency Improvements to be installed on the property as determined by EIC; D. Sufficient funds are available from EIC to provide financing to the property owner; E. The property owner is current in payments on any existing mortgage; F. The property owner is current in payments on any existing real property taxes and has been current on real property taxes for the previous three years; and G. Such additional criteria, not inconsistent with the criteria set forth above, as the City of Troy, or EIC acting on its behalf, may set from time to time. §37-6. Opt-in, Energize NY Finance Agreement A. A Qualified Property Owner may participate in the Energize NY Benefit Financing Program through the execution of an energize NY finance agreement made by and between the Qualified Property Owner and EIC, acting on the behalf of the City of Troy(the “Energize NY Finance Agreement”). B. Upon execution of the Energize NY Finance Agreement, the Qualified Property Owner shall be eligible to receive funds from EIC acting on behalf of the City of Troy, for the acquisition, construction, and installation of qualifying Renewable Energy Systems and Energy Efficiency Improvements; provided the requirements of Section §37-7 of this law have been met. 4 03/20/2018 LOCAL LAW NO _2___ C. The Energize NY Finance Agreement shall include the terms and conditions of repayment set forth under section §37-8 of this law. §37-7. Energy audit, renewable energy system feasibility study A. No funds shall be made available for Energy Efficiency Improvements unless determined to be appropriate through an Energy Audit as defined in Section §37-2. B. No funds shall be made available for a Renewable Energy System unless determined to be feasible through a Renewable Energy System Feasibility Study as defined in Section §37-2. C. The cost of such Energy Audit and/or Renewable Energy System Feasibility Study shall be borne solely by the property owner but may be included in the financed amount if the work is approved. §37-8. Terms and conditions of repayment The Energize NY Finance Agreement between the Qualified Property Owner and EIC acting on behalf of the City of Troy, shall set forth the terms and conditions of repayment in accordance with the following: A. The principal amount of the funds paid to the Qualified Property Owner hereunder, together with the interest thereon, shall be paid by the property owner as a charge on their City of Troy tax bill and shall be levied and collected at the same time and in the same manner as City of Troy property taxes, provided that such charge shall be separately listed on the tax bill. The City of Troy shall make payment to EIC or its designee in the amount of all such separately listed charges within 30 days of the date the payment is due to be made to the City of Troy. B. The term of such repayment shall be determined at the time the Energize NY Finance Agreement is executed by the property owner and EIC, provided that in no case shall the term exceed the weighted average of the useful life of the systems and improvements as determined by EIC acting on behalf of the City of Troy. C. The rate of interest for the charge shall be fixed by EIC acting on behalf of the City of Troy at the time the Energize NY Finance Agreement is executed by the property owner and EIC. D. The charge shall constitute a lien upon the real property benefited by the Energize NY Benefit Financing Program as set forth in Article 5-L of the General Municipal Law and shall run with the land. A transferee of title to the benefited real property shall be required to pay any future installments, including interest thereon. §37-9. Verification and report 5 03/20/2018 LOCAL LAW NO _2___ A. EIC shall be responsible for verifying and reporting to the City of Troy on the installation and performance of Renewable Energy Systems and Energy Efficiency Improvements financed by such Program. B. The City of Troy shall verify and report on the installation and performance of Renewable Energy Systems and Energy Efficiency Improvements financed by the Energize NY Benefit Financing Program in such form and manner as the Authority may establish. Section 2. This local law shall take effect upon filing with the Secretary of State. 6 To: City Council From: Mara Drogan, City Clerk Date: July 20, 2018 Re: Local Law #2 The Council President has requested that representatives of the Energy Improvement Corporation attend the July 26 Finance meeting. City Hall, 433 River Street, Troy, New York 12180 Phone: 518-279-7134. Email: cityclerk@troyny.gov  ORD# 65 ORDINANCE AMENDING THE SPECIAL GRANTS 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: August 2018 Budget Transfers – Home which is attached hereto and made a part hereof Section 2. This act will take effect immediately. Approved as to form July 16, 2018 James A. Caruso, Corporation Counsel  Schedule A Ord#65 August 2018 Budget Transfers – Home Original Change Revised Department Account No. Description Budget* (+/-) Budget Home CD.2016.0400.5000.5175 HIP 250,000.00 (120,000.00) 130,000.00 Home CD.2016.0400.5000.5179 CDDO 371,165.00 120,000.00 491,165.00 Net Impact On Special Grants Fund 0.00 * Or as previously amended  Department of Housing & Community Development Account Transfers (HOME PROGRAM) CURRENT REVISED ACCOUNT Account Type ACCOUNT # ACTIVITY NAME ACCOUNT TRANSFER OUT TRANSFER IN DESCRIPTION APPROPRIATION APPROPRIATION CONTRACTUAL EXPENSE.HOME Funds Moved to a LIKE ACCOUNT, Same HOME CD.2016.0400.5000.5175 PARTNERSHIP.HOMEOWNERS $250,000.00 ($120,000.00) $130,000.00 Purpose INCENTIVE PROGRAM (HIP) CONTRACTUAL EXPENSE.HOME HOME CD.2016.0400.5000.5179 PARTNERSHIP.CHDO HOUSING $371,165.00 $120,000.00 $491,165.00 PROJECT  ORD# 66 ORDINANCE DECLARING CERTAIN CITY OWNED PROPERTY AS SURPLUS AND DIRECTING THE COMPTROLLER TO DISPOSE OF SAID PROPERTY The City of Troy, convened in City Council, ordains as follows: Section 1. Pursuant to §C-41 (13) (8) 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. Approved as to form July 11, 2018 James A. Caruso, Corporation Counsel  ORD# 66 MEMO IN SUPPORT In June of 2016 the City entered into an agreement with Collar City Auctions & Realty, Inc. to sell items declared surplus by the City. The City Purchasing Agent, or a designee, works with the various City departments to identify and dispose of such no longer useful property on a periodic basis to hopefully obtain some value for such property through Collar City Auctions & Realty, Inc. This ordinance declares certain items and/or property surplus as identified by the Department of General services and Police Department. These property items no longer serve any useful function for the City and the sale of these items may yield some value. It is recommended that the City Council declare them to be surplus property so that Collar City Auctions & Realty, Inc. may market and sell them to the extent possible.  Items to be Declared Surplus ORD# 66 Vehicles VIN # Department Truck #31 2002 GMC 2500 Utility 1GTHK24UX2E190109 DPW Car #74 2000 Chevrolet Lumina 2G1WL52J6Y1242594 DPW Car #61 2008 Chevrolet Impala 2G1WB58N081334961 DPW Truck #2 2003 GMC 2500HD Pickup 1GTHK29U44E118673 DPW Car #2 2002 Ford Crown Victoria 2FAFP71W52X103328 DPW Truck #21 2002 GMC 2500HD Pickup 1GTHK24U42E188551 DPW Truck #29 2002 GMC 2500HD Pickup 1GTHK24UX2E187663 DPW Truck #54 1999 Chevrolet 3500 Pickup 1GCHK34R9XR702914 DPW Truck #41 2000 GMC 2500 Utility 1GTGK24R1YR153197 DPW Car #75 2000 Chevrolet Lumina 2G1WL52J9Y1244453 DPW Car #85 1998 Chevrolet Lumina 2G1WL52K8W9327749 DPW Car #86 1998 Chevrolet Lumina 2G1WL52K4W9324072 DPW Car #89 2001 Ford Taurus 1FAFP53U41G127222 DPW Truck #25 2003 GMC Sierra 1500 1GTEC14V44E114942 DPW Truck #8 2001 International 4900 Garbage Truck 1HTSDADR41H396774 DPW Truck #6 2000 GMC 3500 Utility 1GTHK34R3YR153244 DPW Truck #38 2000 GMC 3500 1GTHK34R3YR153342 DPW Truck #45 2003 Chevrolet S-10 Pickup 1GCCS14HX38177092 DPW Truck #50 2000 Chevrolet S-10 Pickup 1GCCS1450YK274804 DPW 2006 Jepp cherokee 1J4GR48K96C176841 Police Other Serial # Department Jacobsen Greens King mower 6228700002219 DPW Jacobsen HR5111 691166299 DPW Toro 455D Model: 30455 80151 DPW Toro zero turn mower Model: 74171 990204 DPW CheTech golf course utility cart, gas powered DPW 2 engine lifts, industrial sand blaster, engine stand, transmission jack DPW 220 volt industrial air compressor DPW Whelan Edge Freedom Light Bar with wire harness 45759 Police Whelan Edge Freedom Light Bar none Police Whalen Liberty Light Bar 85935 Police Whalen Liberty Light Bar 91400 Police Whalen Liberty Light Bar 91389 Police Whalen Liberty Light Bar 85579 Police Whalen Liberty Light Bar with wire harness 91396 Police Whalen Liberty Light Bar with wire harness 85576 Police Whalen Liberty Light Bar 91395 Police Whalen Liberty Light Bar with wire harness 85575 Police Whalen Liberty Light Bar 88949 Police Whalen Liberty Light Bar with wire harness 91390 Police Whalen Liberty Light Bar with wire harness 91397 Police Location Bucket Loader E-Lot Building Leaf Sucker Trailer E-Lot Building 2 DPU Portable Lights Trailer E-Lot Building Haul Mark Box Trailer E-Lot Building Portable Shower Trailer E-Lot Building 3 Tow Trailers E-Lot Building 4 Portable Stop Signs E-Lot Building 26 Propane Tanks E-Lot Building Air Compressor E-Lot Building Jordan Fridge E-Lot Building Super Blast Empire E-Lot Building 5 Copier Machines E-Lot Building 3 Printers E-Lot Building 2 Fax Machines E-Lot Building 25 Computer Towers E-Lot Building 9 Computer Monitors E-Lot Building 20 Desks E-Lot Building 6 Filing Cabinets E-Lot Building Dock Ramp E-Lot Building Custom Made Tree Carrier E-Lot Building 3 Big Lifts E-Lot Building Stage Trailer E-Lot Building 4 Traffic Boxes E-Lot Building  ORD # 67 ORDINANCE AMENDING THE SPECIAL GRANTS 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: August 2018 Budget Amendments – 2018/19 Grant Year Account Setup which is attached hereto and made a part hereof Section 2. This act will take effect immediately. Approved as to form July 16, 2018 James A. Caruso, Corporation Counsel  Schedule A ORD # 67 August 2018 Budget Amendments – 2018/19 Grant Year Account Setup Original Change Revised Department Account No. Description Budget* (+/-) Budget CDBG Revenues CDBG CD.8000.4910.2000.0000 Federal Aid 4,927,395.00 1,756,812.00 6,684,207.00 Expenditures CDBG CD.2018.0400.2000.2901 CDBG Admin 0.00 316,226.00 316,226.00 CDBG CD.2018.0400.2000.2908 Code Enforcement Admin 0.00 275,000.00 275,000.00 CDBG CD.2018.0400.2000.3014 South Troy Reinvestment Area 0.00 1,100,000.00 1,100,000.00 CDBG CD.2018.0400.2000.3023 Recreation 0.00 65,586.00 65,586.00 Net Impact On Special Grants Fund 0.00 ESG Revenues ESG CD.8000.4910.4000.0000 Federal Aid 445,914.00 146,826.00 592,740.00 Expenditures ESG CD.2018.0400.4000.4131 Homeless Prevention 0.00 37,069.00 37,069.00 ESG CD.2018.0400.4000.4132 Homeless Shelter 0.00 77,729.00 77,729.00 ESG CD.2018.0400.4000.4133 Rapid Rehousing 0.00 11,017.00 11,017.00 ESG CD.2018.0400.4000.4134 Homeless Management Information System 0.00 10,000.00 10,000.00 ESG CD.2018.0400.4000.4135 ESG Admin 0.00 11,011.00 11,011.00 Net Impact On Special Grants Fund 0.00 HOME Revenues HOME CD.8000.4910.5000.0000 Federal Aid 1,597,083.90 475,464.80 2,072,548.70 Expenditures HOME CD.2018.0400.5000.5170 HOME Admin 0.00 47,546.48 47,546.48 HOME CD.2018.0400.5000.5175 Homeowners Incentive Program (HIP) 0.00 227,918.32 227,918.32 HOME CD.2018.0400.5000.5179 CDDO Housing Project 0.00 200,000.00 200,000.00 Net Impact On Special Grants Fund 0.00 * Or as previously amended CDBG Acct # Project Description Current Authorization CD.2018.0400.2000.2901 CONTRACTUAL EXPENSE.CDBG PROG.CDBG ADMIN $316,226.00 CD.2018.0400.2000.2908 CONTRACTUAL EXPENSE.CDBG PROG.CODE ENFORCE ADMIN $275,000.00 CD.2018.0400.2000.3014 CONTRACTUAL EXPENSE.CDBG PROG.SO TROY REINVESTMENT AREA $1,100,000.00 CD.2018.0400.2000.3023 CONTRACTUAL EXPENSE.CDBG PROG.RECREATION $65,586.00 $1,756,812.00 ESG Acct # Project Description Current Authorization CD.2018.0400.4000.4131 CONTRACTUAL EXPENSE.ESG PROG.HOMELESS PREVENTION $37,069.00 CD.2018.0400.4000.4132 CONTRACTUAL EXPENSE.ESG PROG.HOMELESS SHELTER $77,729.00 CD.2018.0400.4000.4133 CONTRACTUAL EXPENSE.ESG PROG.RAPID REHOUSING $11,017.00 CD.2018.0400.4000.4134 CONTRACTUAL EXPENSE.ESG PROG.HOMELESS MGT INFO SYSTEM $10,000.00 CD.2018.0400.4000.4135 CONTRACTUAL EXPENSE.ESG PROG.ADMINISTRATION $11,011.00 $146,826.00 HOME Acct # Project Description Current Authorization CD.2018.0400.5000.5170 CONTRACTUAL EXPENSE.HOME PARTNERSHIP.CITY HOME ADMIN $47,546.48 CD.2018.0400.5000.5175 CONTRACTUAL EXPENSE.HOME PARTNERSHIP.HOMEOWNERS INCENTIVE PROGRAM (HIP) $227,918.32 CD.2018.0400.5000.5179 CONTRACTUAL EXPENSE.HOME PARTNERSHIP.CDDO HOUSING PROJECT $200,000.00 $475,464.80  Ord# 67 MEMO IN SUPPORT This ordinance establishes the budgetary accounts for the 2018-19 funding for the CDBG, ESG and HOME Programs as previously passed by the Troy City Council.  ORD# 68 ORDINANCE AMENDING THE 2018 GENERAL FUND BUDGET TO ACCEPT FUNDS FROM THE NEW YORK STATE DIVISION OF CRIMINAL JUSTICE SERVICES FOR THE PURPOSE OF GUN INVOLVED VIOLENCE ELIMINATION 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: Gun Involved Violence Elimination (GIVE) Grant which is attached hereto and made a part hereof Section 2. This act will take effect immediately. Approved as to form July 11, 2018 James A. Caruso, Corporation Counsel  ORD# 68 MEMO IN SUPPORT The Police Department will receive grant funding from the NYS Division of Criminal Justice Services for the purpose of Gun Involved Violence Elimination (GIVE). The GIVE initiative is the elimination of shootings and homicides, or aggravated assaults where applicable, through the integrated use of evidence-based strategies that are incorporated into the four core elements of GIVE. The grant period is from July 1, 2018 through June 30, 2019. Any unused funds and appropriations of this grant during 2018 will be allocated in the proposed 2018 City Budget.  SCHEDULE A ORD# 68 Gun Involved Violence Elimination (GIVE) Grant Current Change Revised Department Account No. Description Budget (+/-) Budget General Fund - Expenditures A960 Police Department A3120-0103-0037 GIVE (Formerly IMPACT )Overtime $9,000 50,000 $59,000 Consultant Services - Finn Institute (Crime Police Department A3120-0409-0416 Analyst) $39,400 $44,000 $83,400 Police Department A3120-0411-0416 GIVE Travel/Training Expenses $0 $2,500 $2,500 Total Expenditure Increase $96,500 General Fund - Revenue A510 State Aid A3000-4389-0000 New York State GIVE (Formerly IMPACT) Grant $89,770 $96,500 $186,270 Division of Criminal Justice Services Total Revenue Increase $96,500  ORD. #_69___ ORDINANCE DECLARING A PORTION OF TAX MAP # 101.37-3-8 (FKA 101.38-9-18) 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-50 of the City Charter, the item of City owned property, described in the attached appraisal report, is herein declared to be surplus and the City Purchasing Agent, or a designee, is hereby authorized and directed to sell all said property. The portion of tax parcel 101.37-3-8 known as Crooked Alley/Laundry Place Section 2. The said property shall be sold “as is” for the highest bid price with the requirement that:  The existing water line to 2 King Street that runs off Laundry Place, under Crooked Alley, be replaced with a new service connected to 5th Avenue and deeded to the owner of 2 King Street, as approved by the City of Troy Commissioner of Public Works;  The subdivision of said property will be performed by the successful bidder.  Subject to any Easements, ROW or Restrictions, of record.  Such additional terms and conditions shall be set by the City Comptroller. Section 3. This ordinance shall take effect immediately. Approved as to form August 2, 2018 ________________________________________ James A. Caruso, Esq., Corporation Counsel  Steven Strichman Patrick Madden Commissioner Mayor Department of Planning and Economic Development To: City Council From: Steven Strichman Date: July 10, 2018 Re: Declare surplus property - Crooked Alley. Biltman Development Corporation has received Planning Commission approval for a 55 unit apartment building on King Street, on the vacant lots north and east of the Bier Garden, contingent on the abandonment of Crooked Alley and sale to the developer for use of the project.  Crooked alley formerly served as an alley between King Street and Laundry Place.  A water service that flows off King’s road, east onto Laundry Place, then south along Crooked Alley formerly serviced multiple buildings, and now only supplies the Bier Garden.  Commissioner Wheland has agreed that that the street may be abandoned when the developer relocates the water service to come off 5th Avenue, run under the sidewalk, connect directly to the bier garden, and must be owned by the bier garden.  This relocation will remove a 100 year old liability from the city, and replace it with a brand new privately owned water line.  Laundry Place and Crooked Alley, are currently on the same tax parcel 101.37-3-8  (fka 101.38-9-18) with a description “ROW formerly Crooked Alley &LP” Connecting Kings to Federal, east of the Green Island Bridge I recommend that the city declare as surplus, the portion of 101.37-3-8 formerly known as Crooked Alley, contingent on the completion of water line relocation in the manner prescribed by Corporation Counsel. City Hall – 433 River Street, Suite 5001, Troy New York 12180 (518) 279-7166 Steven.Strichman@troyny.gov  ORD. # 70 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: August 2018 Budget Transfers – General Fund which is attached hereto and made a part hereof Section 2. This act will take effect immediately. Approved as to form June 26, 2018 James A. Caruso, Corporation Counsel  ORD. # 70 MEMO IN SUPPORT Throughout the fiscal year the Comptroller’s Office works with all departments within the City for necessary budget transfers within the 2018 General Fund. This ordinance transfers funds within the 2018 General Fund Budget for the following three reasons. Please note that the number indicated below references to the name as indicated in the “Reference” column on the Schedule attached hereto. 1. A transfer to provide funding for employees who have worked out of grade in the Comptroller’s Office during 2018 and also for an employee who received a stipend in the beginning of the fiscal year that was a historical practice that ended. 2. A transfer within the BIS department to fund a stipend an employee has received historically. 3. A transfer in the Police Department between Uniforms and Clothing Allowance to adjust for the number of officers who elected the clothing allowance in the 2018 fiscal year. 4. A transfer from Contingency to the Mayor’s Office to fund a study that the previous administration engaged in and to the Frear Park Golf Course for the purchase of additional materials needed. 5. A transfer for the costs of telephone bills as the City has begun to separate out departmental phone costs as opposed to having one bill with all departments comingled. 6. A transfer of an unused budgeted salary position in the Sanitation Department to the Treasurer’s Office to fund the addition of a new Cashier position as approved by the Civil Service Commission. 7. A transfer from Permanent Salaries to Temporary Salaries to fund the hiring of an additional part-time employee. 8. A transfer for the repair of vehicles funded in the DPW Garage.  Schedule A August 2018 Budget Transfers – General Fund Original Change Revised Department Account No. Description Budget* (+/-) Budget Reference Comptroller's Office A.1315.0112.0000.0000 Premium Pay 0.00 231.00 231.00 1 Comptroller's Office A.1315.0113.0000.0000 Out of Grade Pay 0.00 8,322.00 8,322.00 1 Comptroller's Office A.1315.0101.0000.0000 Permanent Salaries 608,596.00 (665.00) 607,931.00 1 Purchasing A.1345.0101.0000.0000 Permanent Salaries 70,110.00 (7,888.00) 62,222.00 1 BIS A.1680.0112.0000.0000 Premium Pay 0.00 2,000.00 2,000.00 2 BIS A.1680.0101.0000.0000 Permanent Salaries 341,494.00 (2,000.00) 339,494.00 2 Police A.3120.0107.0000.0000 Clothing Allowance 63,750.00 6,750.00 70,500.00 3 Police A.3120.0423.0000.0000 Uniforms 65,000.00 (6,750.00) 58,250.00 3 Contingency A.1990.0418.0000.0000 Contingency 474,228.00 (38,335.00) 435,893.00 4 Recreation - Golf A.7180.0304.2420.0000 Other Material & Supplies 61,625.00 30,000.00 91,625.00 4 Mayor's Office A.1210.0409.0000.0000 Consultant Services 0.00 8,335.00 8,335.00 4 Police A.3120.0303.0017.0000 Other Material & Supplies 45,000.00 35,000.00 80,000.00 5 DPW Facilities A.1620.0401.0053.0000 Utilities - Telephone 275,000.00 (35,000.00) 240,000.00 5 DPW Sanitation A.8160.0101.0000.0000 Permanent Salaries 1,332,568.00 (18,000.00) 1,314,568.00 6 Treasurer's Office A.1325.0101.0000.0000 Permanent Salaries 125,399.00 18,000.00 143,399.00 6 DPW Sanitation A.8160.0806.0000.0000 Social Security 107,718.00 (1,377.00) 106,341.00 6 Treasurer's Office A.1325.0806.0000.0000 Social Security 9,592.00 1,377.00 10,969.00 6 Police A.3120.0101.0000.0000 Permanent Salaries 8,680,830.00 (17,500.00) 8,663,330.00 7 Police A.3120.0102.0000.0000 Temporary Salaries 180,000.00 17,500.00 197,500.00 7 DPW Streets A.5110.0303.0000.0000 Other Material & Supplies 114,244.00 (10,000.00) 104,244.00 8 DPW Garage A.1640.0304.0058.0000 Vehicle Expense - Repairs 82,240.00 (20,000.00) 62,240.00 8 DPW Garage A.1640.0304.0057.0000 Vehicle Expense - Parts 179,743.00 30,000.00 209,743.00 8 Net Impact On General Fund 0.00 * Or as previously amended  ORD# 71 ORDINANCE TRANSFERRING FUNDS WITHIN THE SPECIAL GRANTS 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: August 2018 Budget Transfers – Homeland Security Grant which is attached hereto and made a part hereof Section 2. This act will take effect immediately. Approved as to form July 20, 2018 James A. Caruso, Corporation Counsel  ORD# 71 MEMO IN SUPPORT This ordnance amends the grant funding budget as requested by the Troy Police Department for the purchase of equipment with unused grant funding.  Schedule A ORD#71 August 2018 Budget Transfers – Homeland Security Grant Original Change Revised Department Account No. Description Budget* (+/-) Budget Homeland Security Grant CD.2016.0203.8000.8334 Equipment 1,250.00 721.86 1,971.86 Homeland Security Grant CD.2016.0410.8000.8334 Training 7,000.00 (4,018.53) 2,981.47 Homeland Security Grant CD.2016.0303.8000.8334 Other Material & Supplies 8,700.00 (1,700.00) 7,000.00 Homeland Security Grant CD.2016.0202.8000.8334 Equipment 43,000.00 4,996.67 47,996.67 Net Impact On Special Grants Fund 0.00 * Or as previously amended To: City Council From: Carmella R. Mantello, Council President Date: July 24, 2018 Re: Ordinance 72 Per Section 2-26 (A) (1) of the City Code (see last sentence, “Any local law, ordinance and/or resolution may be drafted by said Council Member (s) or any other person at said Council Member's direction.”), the attached ordinance is added to the July 26, 2018, 6 pm Finance Committee Meeting. City Hall, 433 River Street, Troy, New York 12180 Phone: 518-279-7134. Email: cityclerk@troyny.gov  ORD# 72 ORDINANCE AMENDING SECTION 270-21 OF CHAPTER 28 OF THE CITY CODE ENTITLED VEHICLES AND TRAFFIC - PARKING METERS BY ADDING SECTION (Q) The City of Troy, in City Council, ordains as follows: Section 1. Ordinance Amending Section 270-21 of Chapter 28 of the City Code Entitled Vehicles and Traffic - Parking Meters by adding Section (Q): The Traffic Engineer is hereby authorized and directed to issue Veterans Only Parking Permits allowing veterans, veterans widows, or veterans widowers to park in designated spaces in each parking meter zone and municipal parking facilities. A city issued permit shall be provided to each veteran, veteran widow or veteran widower and displayed on the front windshield of the permit issued vehicle. Section 2: This act shall take effect Monday, November 12, 2018 (Veterans Day). To: City Council From: Carmella R. Mantello, Council President Date: July 24, 2018 Re: Ordinance 72 The purpose of this legislation is to honor our veterans every day for their service to our city and country. This legislation will have a minimal cost to the city and be far outweighed by the benefits provided to veterans. There are many other examples where spaces are reserved for different classes of individuals; including but not limited to, disabled, colleges, churches, bike lanes, restaurants, car-sharing, and most recently enacted parking permits for private individuals on publicly-owned property adjacent to the Hedley Building. This ordinance shall take effect Monday, November 12, 2018 (Veterans Day). City Hall, 433 River Street, Troy, New York 12180 Phone: 518-279-7134. Email: cityclerk@troyny.gov  RES # 79 RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE THE “ENERGY IMPROVEMENT CORPORATION AMENDED MUNICIPAL ARGREEMENT” ________________________________________________________________________ WHEREAS, the City and The Property Assessed Clean Energy (PACE) desires to amend Chapter 37 - Energize NY Benefit Finance Program as adopted by the City Council on October 1, 2015 by Local Law No. 1-2015. THEREFORE BE IT RESOLVED, that the City Council hereby authorizes the Mayor to execute the amended Energy Improvement Corporation Municipal Agreement for said Agreement will be in substantial compliance with the Agreement attached hereto and made a part hereof. Approved as to form, August 2, 2018 _________________________________ James A. Caruso, Esq., Corporation Counsel 12/27/17 RES # 79 ENERGY IMPROVEMENT CORPORATION AMENDED MUNICIPAL AGREEMENT This Agreement made as of this __ day of ______, 2018 (the “Agreement”), by and between the City of Troy (the “Municipality”) and the Energy Improvement Corporation (“EIC”) (both the Municipality and EIC may hereinafter be referred to individually as a “Party” and collectively as the “Parties”), sets forth the duties and obligations of each Party in connection with the Municipality’s participation in the Energize New YorkNY Benefit Finance Program (the “Program”). WHEREAS, EIC is a local development corporation duly formed under Section 1411 of the Not-For-Profit Corporation Law of the State of New York, for the purpose of promoting, facilitating and financing energy audits and renewable energy system feasibility studies, energy efficiency improvements and alternative or renewable energy generating systems (as such terms are defined in Section 119-ff of the General Municipal Law of the State of New York) (collectively, the “Energy Improvements”) on properties within its Participating Municipalities (as defined below), thereby promoting the public good by reducing greenhouse gas emissions, mitigating the effect of global climate change and lessening the burdens of government; and WHEREAS, Participating Municipalities are those municipalities within the State of New York that have: (1) established by local law, pursuant to Municipal Home Rule Law and Article 5-L of the General Municipal Law of the State of New York, a sustainable energy loan program for the issuanceprovision of financing to the owners of real property located within the Participating Municipality to financefor Energy Improvements, (2) by virtue of signing this Agreement with EIC and have authorizedpursuant to Article 5-G of the New York State General Municipal Law, authorizes EIC to act on behalf of the Participating Municipality and other Participating Municipalities to carry out the Program through which, among other things, the issuance of financing is provided to property owners within such Participating Municipality, and have met (3) satisfied the minimum criteria established by EIC to admit new Participating Municipalities; and WHEREAS, the Municipality previously executed the EIC Municipal Agreement on Formatted: Normal November 5, 2015, and that amendments to that previously executed Municipal Agreement are outlined below and the Municipality previously adopted Local Law #1 on October 5, 2015, and has adopted the amended the Local Law on ________ __, 2018 pursuant to Article 5-L of the General Municipal Law of the State of New York, which Local Law also authorized EIC to act on its behalf in carrying out its Program; and WHEREAS, EIC and the Municipality now desire to enter into this Amended Municipal Agreement to reflect amendments to the Program.  Now, THEREFORE, in consideration of the mutual promises contained in this Agreement, the Parties agree as follows: 1. Duties of EIC It is understood by the Parties that EIC will be responsible for the performance of the following duties: a) a) The development of finance products for the financing of Energy Improvements (each a “Product”) that will further the purposes of the local laws adopted by the Participating Municipalities and of EIC, which Products shall be submitted to the governing Board of EIC for its consideration and review. b) The establishment of one or more Products that, among other things, provide financing to property owners within such Participating Municipality in order to promote, facilitate and finance energy audits and renewable energy system feasibility studies, energy efficiency improvements and alternative or renewable energy generating systems. EIC has currently established two Products, the Energize NY PACE Finance 1.0 (ENY PACE 1.0) and the Energize NY PACE Finance 2.0 (ENY PACE 2.0), which are described in Attachments 1 and 2. a)c) Receive and review applications submitted by property owners within the Municipality for financing of Energy Improvements (“Property Owner(s)”), and approvethe approval or disapprovedisapproval of such applications in accordance with underwriting procedures and requirements established by EIC. bd) Review the applications, energy assessments and scopes of work prepared for and by the Property Owners to establish the amount of financingseach financing to be approved pursuant to the requirements of the Program.Products. The governing Board of EIC reserves the right to reject an application for financing for any reason. ce) Execute finance agreements (the “Energize NY Finance AgreementAgreements” or “Finance Agreements”) by and between EIC (on behalf of the Municipality) and the Property Owners for financing of Energy Improvements, which. The Finance Agreements shall set forth the terms and conditions for the disbursement and repayment of financing and the duties and obligations of each Property Owner and EIC with respect to the acquisition, construction and installation of Energy Improvements (upon. Upon execution of the Finance Agreement by the Property Owner and EIC, the property that is the subject of the Finance Agreement shall be deemed a “Benefited Property”)..” Copies of all executed Finance Agreements for all Benefited 2  Properties within the Municipality shall be provided to the Municipality by EIC upon execution. df) Receive and review the certificates of completion submitted by the Property Owners of Benefited Properties (or the contractor hired by the owner of a Benefited Property) during or following installation or construction of Energy Improvements on such Benefited Property, and disburse funds to the Property Owner of the Benefited Property or his/her/its agent upon approval of such certificatecertificates in accordance with the terms of the Finance Agreement and the Programapplicable Product. eg) Deliver to the Municipality an annual report (the “Annual Report”) three months prior to when Municipal Taxesmunicipal taxes are due which shall contain information related to each Benefited Property within the Municipality through the end of the immediately preceding calendar year, including: i. A list of each newly approved Benefited Property for which the Property Owner or previous Property Owner of the Benefited Property executed a Finance Agreement within the annual time period covered by such report (for which a charge shall be added by the Municipality to its tax rolls in accordance with Paragraph 2b below). All Benefited Properties shall be identified in the Annual Report by address and Tax Map Identification (i.e. section, block and lot); ii. A list of each existing Benefited Property for which the Property Owner or previous Property Owner of such Benefited Property executed a Finance Agreement. All Benefited Properties shall be identified in the Annual Report by address and Tax Map Identification (i.e. section, block and lot); iii. A list of each Benefited Property within the Municipality where all obligations under the Finance Agreement have been satisfied or paid in full during the calendar year including the satisfaction date and a copy of the notice of satisfaction; iv. For each non-satisfied Benefited Property (including each newly approved Benefited Property):) for which payments remain due under the Financing Agreement: a. the date of the FinancingFinance Agreement, b. the notionaloriginal principal amount of the financing, c. the total principal balance and accrued interest outstanding, and d. the annual payment due to EIC (which shall include principal and accrued interest) associated with such Benefited Property (including the amount of accrued interest on the initial payment, 3  if different);. v. the total annual payment due to EIC from all Benefited Properties in the Participating Municipality (which shall include principal and accrued interest), which amount shall be paid by the Municipality within thirty (30) days of the date upon which payment is due to be made to the Municipality as partpayment of the municipal tax bill in accordance with Paragraph 2(c) and the balance of any delinquent charge payment reported by the Municipality during the term of the Financing Agreement pursuant to Paragraph 2(d) and; vi. All other information EIC may deem to be relevant to each Benefited Property within the Municipality. fh) Create an accountaccounts (the “EIC Trust Account”)Accounts”) to be held by a trustee that will acceptunder the applicable trust indenture authorized by EIC for the purpose of accepting payments from the Municipality made in accordance with Paragraph 2(cd) below, and create a separate account (the “EIC Administrative FeeProgram Administration Fund Account”) to receive the transfer of those funds deposited within the EIC Trust AccountAccounts that constitute payment of EIC administrative fees; gi) Provide customer service by telephone to the Municipality during the hours of 9:00 a.m. through 5:00 p.m. Monday through Friday, Eastern Standard Time, excluding state and federal holidays; hj) Upon EIC’s receipt of payment in full under a particular Finance Agreement, send a letter of satisfaction by email to the Municipality notifying it that such Property Owner or subsequent owner of the Benefited Property has satisfied his/her/its obligations under the terms of the FinancingFinance Agreement.; 2. Duties of the Municipality It is understood by the Parties that the Municipality will be responsible for the performance of the following duties: a) Maintain copies received from EIC of each Finance Agreement for a Benefited Property throughout the term of the Finance Agreement relating to such Benefited Property, which shall be maintained until all obligations of the owner of such Benefited Property that are set forth in the Finance Agreement have been satisfied. b) Within thirty (30) days of receipt of the Annual Report, add a charge to its tax rolls for each newly approved Benefited Property listed therein, and include such charge in the next ensuing tax levy so that such charge shall be included on and due in the same manner and at the same time and in the same 4  installments as the municipal taxes on real property are due within the Municipality and shall become delinquent at the same times, shall bear the same penalties and interest after delinquency, and shall be subject to the same provisions for redemption and sale as the general municipal taxes on real property of the Municipality. c) Within thirty (30) days of the due date payment of the municipal taxes, is due to be made to ______________, including the charge pursuant to a Finance Agreement, remit payment to the EIC Trust AccountAccounts in the amount equaling the total annual payments due to EIC from each Benefited Property within the Municipality, regardless of whether the Municipality actually has received such payments from the owner of the Benefited Property. Failure by the Municipality to deliver payments to EIC wouldshall be considered an event of default hereunder. d) Deliver to EIC an annual delinquency report (the “Delinquency Report”) no later than (90) days after the due date for the municipal taxes, including the charge, which shall: (i) list each Benefited Property that is delinquent in charge payments owed for such Benefited Property, (ii) provide the amount owed to the Municipality by the owner of such Benefited Property (including penalties and interest on delinquent charge payments), and (iii) outline the steps taken or to be taken and progress made in recovering delinquent charge payments from the owner of such Benefited Property. e) Make all reasonable efforts to assist EIC in carrying out the Program within the Municipality. 3. Program Modification 3. Alternative Products and Modifications (a) A Municipality that became a Participating Municipality prior to March 1, 2018 may choose to participate in either ENY PACE 1.0 or ENY PACE 2.0 through written notice to EIC of its election. Until such time as the Municipality provides written notice of its choice to participate in ENY PACE 2.0, it shall be deemed to have chosen to remain in ENY PACE 1.0 and financings within the Municipality will be made only under the terms of PACE 1.0. Municipalities that become Participating Municipalities after March 1, 2018 shall participate in PACE 2.0 only. Should EIC develop new Products in the future, participation in the offering of such Products shall be subject to the eligibility and other requirements of any such new Product, and require written notice from the Municipality that it wishes to participate in such Product. (a)(b) The Municipality may at any time modify the Program by limiting the types of properties which may receive financing for Energy Improvements and/or the amount of financing available within the Municipality. and, if the Municipality is offering PACE 2.0, whether construction financing shall be 5  permitted in the Municipality. The Municipality shall provide written notice to EIC of such proposed modification. The proposed modification shall only become effective upon written approval from EIC provided to the Municipality, which shall not be unreasonably withheld. Such approval shall have no effect on the duties and obligations owed by each Party hereto in connection with this Agreement and any Benefited Property for which a Finance Agreement was executed prior thereto. 4. Non – Payment a) Failure of a Participatingthe Municipality to deliver payments to EIC within thirty (30) days of when due to the Municipality, shall be considered an event of default and EIC shall be entitled to pursue any one or more of the remedies set forth below. b) No Participating Municipality shall be responsible for the deficient payment of another Participating Municipality. 5. Terms of Membership The Municipality understands and agrees that membership in EIC is at the discretion of the Board of Directors of EIC and is conditional upon satisfying the membership criteria established by the EIC Board, as may be amended from time to time at the sole discretion of the Board, as well as compliance with the terms of the By-Laws of EIC. If a Participating Municipality’sIf the Municipality participates in PACE 1.0 and its bond credit rating drops below “A” as rated by Standard and Poors and/or “A2” as rated by Moodys and/or “A” by Fitch Ratings Service, EIC will no longer provide financings to Properties within such Municipality. If the Municipality participates in PACE 2.0 and its bond credit rating drops below “BBB-“ as rated by Standard and Poors and/or “Baa3” as rated by Moodys and/or “BBB-” by Fitch Ratings Service, EIC will no longer provide financings to Properties within such Municipality, unless a capital provider to EIC agrees to provide credit to financings in that Municipality. 6. Reserve Funds and Permanent Loss (a) EIC shall maintainmaintains one or more reserve funds (each a “Reserve Fund”, collectively, the “Reserve Funds”) to protect and compensate EIC, Participating Municipalities, lenders of funds to EIC, and other third parties approved by EIC against potential losses, including without limitation losses suffered by a Participating Municipality resulting from defaulted charge payments only in the event of a Permanent Loss (defined below) with respect to a Benefited Property. under ENY PACE 1.0. Certain Reserve Funds may be restricted in that they may only be used in conjunction with financings made to properties located within one or more designated Participating Municipalities. Reserve Funds designated for ENY PACE 1.0 and ENY PACE 2.0 shall be held separate and apart from 6  each other and any reserves established for ENY PACE 1.0 and ENY PACE 2.0 may contain additional restrictions regarding their purposes and uses as required by the applicable Products and indenture. Additional Reserve Funds may be established in the future in connection with new Products implemented by EIC. All Reserve Funds will be held at a bank or trust company located and authorized to do business in NYS.New York State and if applicable, held by the trustee under the applicable indenture. Reserve Funds will be invested in accordance with the investment guidelines approved by EIC (the “Investment Guidelines”) as may be amended from time to time. (b) EIC reserves the right to refuse to make a financing to a property located within a Memberthe Municipality in the event EIC determines, in its sole discretion, that there are inadequate reserve funds. (c) A loss shall not be deemed a permanent loss until the Participating Municipality has exhausted all remedies at law in an effort to collect the defaulted charge payments, including but not limited to the redemption and sale of the Benefited Property where the proceeds are not sufficient to recover all amounts paid by the Municipality to EIC after the proceeds of such sale have been proportionately applied to all amounts owed to the Municipality at the time of such sale as a result of the non-payment of taxes (“Permanent Loss”) . In order to collect from the Reserve Fund in the event of a Permanent Loss, the Municipality must provide EIC with all documentation as may be reasonably requested by EIC to document such Permanent Loss and must not be in default to EIC, including having made all payments to EIC when due. 7. Remedies Upon Default Should the Municipality default in any of its obligations hereunder, including but not limited to failure to make payments to EIC as required hereunder, EIC shall be entitled to any remedy it may have at law and as set forth below. EIC may utilize any one or all of these remedies at EIC’s sole discretion.: a) If the Municipality fails to make a required payment to EIC and the Municipality collects penalties or interest from the Property Owner for late payment, the Municipality shall pay to EIC all such penalties or interest attributable to the charge collected by the Municipality on behalf of EIC. b) EIC shall have the right to discontinue providing any new financings to Properties located within the Municipality. c) EIC may suspend the Municipality’s membership in EIC. This Agreement does not create a debt of the Municipality and the payments by the Municipality payable hereunder are contractual obligations of the Municipality that are subject to and dependent upon appropriations being made from time to time by the Municipality for such purpose and the performance by EIC of its obligations hereunder. 7 The Municipality agrees that its failure to appropriate funds sufficient to make payments due hereunder shall constitute a default under this Agreement. The Municipality agrees that its failure to include appropriations in its annual budget sufficient to make payments due hereunder shall constitute a default under this Agreement. 8. Formation; Authority Each Party represents and warrants to the other that it has complied with all laws and regulations concerning its organization, its existence and the transaction of its business and that all necessary steps have been taken to authorize it to execute, deliver and perform its respective obligations under this Agreement, and no consent or approval of any third party is required for either Party’s execution of this Agreement or the performance of its obligations contained herein. The individual executing this Agreement on behalf of each Party has been and is duly authorized to bind his/her respective Party. 9 No Violation or Litigation The performance by each Party of its respective obligations contained in this Agreement will not and do not conflict with or result in a breach of or a default under any of the terms or provisions of any other agreement, contract, covenant or security instrument or any law, regulation or ordinance by which the Party is bound. There is no litigation, action, proceeding, investigation or other dispute pending or threatened against either Party which may impair its ability to perform its respective duties and obligations hereunder. 10. Notices Any and all notices, demands, or other communications required or desired to be given hereunder by either Party shall be delivered electronically and in writing by certified mail, return receipt requested as follows: EIC: Thomas Bregman Mark Thielking Executive Director Energy Improvement Corporation 321 Bedford Rd, 425 Cherry Street Bedford Hills, NY 1053610507 Joseph Del Sindaco E-mail: mark@energizeny.org Kim KowlaskiKowalski Secretary 8  Energy Improvement Corporation 321 Bedford Rd, 425 Cherry Street Bedford Hills, NY 1053610507 Attention: Tom Bregman Joseph Del Sindaco E-mail: tom@energizeny.org Treasurer secretary@energizeny.org With a copy to: James Staudt, Esq. McCullough, Goldberger & Staudt, LLP 1311 Mamaroneck Avenue, Suite 340 White Plains, N.Y. 10605 E-mail: jstaudt@mgslawyers.com MUNICIPALITY: ______________ With a copy to: Either Party hereto may change its address for purposes of this paragraph by providing written notice to the other party in the manner provided above. 11. Governing Law. This Agreement shall be construed and governed in accordance with the laws of the State of New York. Any legal action to be brought under this Agreement must be instituted in State or Federal Courts having jurisdiction located in Westchester County, New York. 9  IN WITNESS WHEREOF, the undersigned have executed this Agreement as of the day and year first written above. The Parties hereto agree that facsimile signatures shall be as effective as if originals. Date: _____________, 20__ Energy Improvement Corporation By:_____________________ PRINT NAME: ________________________ Date: ______________, 20__ Municipality Name: ___________________________ By:______________________________ By:__________________________ PRINT NAME: 10  ATTACHMENT 12 EIC MUNICIPAL AGREEMENT - Attachment 1 ENERGIZE NY PACE 1.0 PRODUCT DESCRIPTION MAXIIMUM AMOUNT OF FINANCING AVAILABLE 10% of Appraised Value MINIMUM FINANCE AMOUNT $5,000 LENGTH OF FINANCING TERM Minimum term of 5 years and Maximum term of 20 Years ELIGIBLE MUNICIPALITIES Municipalities with a Credit Rating Above "A" Energy efficiency and renewable energy projects that comply with NYSERDA and investor owned ELIGIBLE PROJECTS utility programs including certain Remote Net Meter Projects Existing buildings owned by an entity, other than an individual, including substantial renovations and ELIGIBLE PROPERTIES new construction in the case of renewable energy projects ELIGIBLE PROPERTY OWNERS Not in bankruptcy; current on mortgage and property taxes for the past three years Property's total amount of land secured loans is less than or equal to 90%, including the requested LOAN TO VALUE (LTV) LIMITATION PACE financing ANNUAL CASH FLOW REQUIREMENT Estimated Annual Savings must be greater than estimated Annual Finance Charge COST EFFECTIVENESS/SIR TEST Estimated Savings must be greater than total cost of improvments EIC MEMBER OBLIGATED TO PAY DURING Yes DELINQUENCY ABILITY TO ADD PACE TAX CHARGE TO BILL No DURING CONSTRUCTION MUNICIPAL RESERVE POOLS Yes LINK TO ENERGIZE NY PACE 1.0 UNDERWRITING STANDARDS http://energizeny.org/images/uploads/ENY_PACE_1dot0_Standards.pdf 11 ATTACHMENT 2 Formatted: Font: 14 pt EIC MUNICIPAL AGREEMENT - Attachment 2 ENERGIZE NY PACE 2.0 PRODUCT DESCRIPTION MAXIIMUM AMOUNT OF FINANCING 35% of the property's appraised value AVAILABLE MINIMUM FINANCE AMOUNT $10,000 LENGTH OF FINANCING TERM Minimum term of 5 years and Maximum term of 20 Years Municipalities with a Credit Rating Above Investment Grade, provided that municipalities rated A or ELIGIBLE MUNICIPALITIES better will have access to reserve pools that are separate from those for Below A rated municipalities Energy efficiency and renewable energy projects, including remote net metering, that comply with NYSERDA and investor owned utility programs or otherwise meet NYSERDA's Commercial PACE ELIGIBLE PROJECTS Guidelines; renewable energy projects on new construction and substantial renovations are eligible Existing buildings owned by an entity, other than an individual, including new construction and ELIGIBLE PROPERTIES substantial renovations in the case of renewable energy projects ELIGIBLE PROPERTY OWNERS Not in bankruptcy; current on mortgage and property taxes for the past three years Property's total amount of land secured loans is less than or equal to 90%, including the requested PACE LOAN TO VALUE (LTV) LIMITATION financing ANNUAL CASH FLOW REQUIREMENT No Yes, must satisfy NYSERDA's cost effectiveness test, where the cumulative estimated savings must COST EFFECTIVENESS/SIR TEST exceed the total cost of the project EIC MEMBER OBLIGATED TO PAY DURING Yes DELINQUENCY ABILITY TO ADD PACE TAX CHARGE TO BILL Yes DURING CONSTRUCTION MUNICIPAL RESERVE POOLS Yes Link to NYSERDA C-PACE Guidelines https://www.nyserda.ny.gov/cpace-guidelines Link to Energize NY PACE 2.0 Underwriting http://energizeny.org/images/uploads/ENY_PACE_2dot0_Standards.pdf Standards 12  RES. #_80__ RESOLUTION OF TROY CITY COUNCIL AUTHORIZING THE SCHEDULING AND CONDUCT OF A PUBLIC HEARING IN CONNECTION WITH LOCAL LAW TO REVISE CHAPTER 37 – ENERGIZE NY BENEFIT FINANCE PROGRAM RESOLVED that the City Council of the City of Troy will conduct a Public Hearing in relation to: Proposed Amendment to Chapter 37 – Energize NY Benefit Finance Program. Public Hearing shall be held on Thursday August 16th, 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 Proposed Amendment to Chapter 37 – Energize NY Benefit Finance Program. Said Public Hearing shall be held on Thursday August 16th, 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 Ordinance shall be made available at the City Clerk’s office for public inspection beginning August 3, 2018. The foregoing Resolution was thereupon declared duly adopted. Approved as to form, August 2, 2018 ___________________________________ James A. Caruso, Esq., Corporation Counsel  RES. # 81 RESOLUTION APPOINTING ANGELA ADAMO ASSISTANT TO THE CITY CLERK BE IT RESOLVED, that the City Clerk’s appointment of Angela Adamo as Assistant to the City Clerk is hereby confirmed and she shall receive the salary of $16/hour, for a 3-month term, starting August 1, 2018. Approved as to form, July 23, 2018 _________________________________ James A, Caruso Esq., Corporation Counsel  RES. #82 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. Angela Adamo - 08/24/2018 to 08/24/2020 433 River Street, Suite 5000 Troy, New York 12180 -Employment Cindy Barclay – 8/24/18 to 8/24/2020 2507 Fifth Avenue Troy, New York 12180 Approved as to form, July 24, 2018 ______________________________________ James A. Caruso, Esq., Corporation Counsel  Res. # 83 ENDORSING THE CITY OF TROY, NY IN ITS JOINT APPLICATION WITH WATERVLIET, NY UNDER THE NEW YORK STATE CONSOLIDATED FUNDING APPLICATION (CFA) PROGRAM AND RESOLUTION BY THE TROY CITY COUNCIL APPROVING AND THE NEW YORK STATE DEPARTMENT OF STATE (DOS) – LOCAL WATERFRONT REVITALIZATION PROGRAM (LWRP) WHEREAS, New York State’s approach to managing waterfront areas recognizes that while State government can promote development and provide protection for critical resources and environments, municipalities are in the best position to determine their own waterfront objectives and to adapt statewide approaches to specific local needs. Accordingly, the Department of State, pursuant to the State Waterfront Revitalization and Coastal Resources Act, has encouraged waterfront communities to prepare Local Waterfront Revitalization Programs (LWRP’s); and WHEREAS, the DOS is soliciting applications through the CFA under Title 11 of the Environmental Protection Fund Local Waterfront Revitalization Program (EPF LWRP) from municipalities located along New York’s coasts or designated inland waterways to advance the preparation or implementation of strategies for community and waterfront revitalization. WHEREAS, the City of Troy, NY and the City of Watervliet, NY are looking to work cooperatively on the planning and feasibility study relative to the Congress Street Bridge and its interaction between the two cities for their respective waterfront connectivity and the intra-municipal connectivity from one side of the river to the other. WHEREAS, State assistance awarded and paid shall not exceed 75% of the total eligible cost for the project, except where the proposed project is located in an environmental justice community, in which case state assistance awarded and paid shall not exceed 85% of the total eligible cost for the project. Local match must be outlined in the application for consideration. State assistance payments will be made to Grant recipients based on actual expenditures for eligible costs up to the amount of the Grant awarded. NOW, THEREFORE, BE IT RESOLVED that the Troy City Council of the City of Troy, NY approves and endorses the application for a Grant and affirms public and community support for the 2018 application for a feasibility study for improvements at the foot of Congress Street Bridge and River Street to be submitted jointly by the City of Watervliet, NY and to provide the match required for the City of Troy portion of the Grant, and, upon such approval of said application, to authorized the Mayor to enter into and execute a project agreement with the City of Watervliet, NY and/or with the New York State Department of State, or the applicable party for such financial assistance to the City of Troy, NY. Approved as to form, July 23, 2018 ____________________________________ James Caruso, Esq., Corporation Counsel  Res. #84 RESOLUTION BY THE TROY CITY COUNCIL APPROVING AND ENDORSING THE CITY OF TROY, NY IN ITS APPLICATION UNDER THE NEW YORK STATE CONSOLIDATED FUNDING APPLICATION (CFA) PROGRAM AND THE NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION (NYSDEC) CLIMATE SMART COMMUNITIES GRANT PROGRAM WHEREAS, NYS Dec is looking for projects that reduce HFC emissions from refrigeration, chillers, and A/C equipment including replacement or retrofit, enhanced monitoring and disposal, or adoption of measures enabling alternative refrigerant use. WHEREAS, the City of Troy, NY is looking to replace and upgrade the equipment and facility at the Knickerbacker Ice Rink to adopt an alternative refrigerant equipment that will comply with current regulations and provide a safer alternative for our environment. WHEREAS, The City of Troy, NY has requested authorization from the Knickerbacker Association to submit for the Grant to offset costs to improve upon the facility and in adherence to the lease agreement; WHEREAS, State assistance awarded and paid shall not exceed 50% of the total eligible cost for the project. The city portion of the match as required by the Grant will be available through municipal bonding. State assistance payments will be made to Grant recipients based on actual expenditures for eligible costs up to the amount of the Grant awarded. NOW, THEREFORE, BE IT RESOLVED that the Troy City Council of the City of Troy, NY approves and endorses the application for a Grant and affirms public and community support for the 2018 application for the replacement of the Knickerbacker Ice Rink facility and equipment and to provide the match required for the City of Troy portion of the Grant, and, upon such approval of said application, to authorized the Mayor to enter into and execute a project agreement with New York State, or the applicable party for such financial assistance to the City of Troy, NY. Approved as to form, July 24, 2018 ____________________________________ James Caruso, Esq., Corporation Counsel