City Council

TROY CITY COUNCIL FINANCE COMMITTEE AGENDA September 27, 2018 6:00 P.M. Pledge of Allegiance Roll Call Public Forum Audit Presentation From The Bonadio Group LOCAL LAW ORDINANCES 88. Ordinance Authorizing And Directing Sale By The Proposal Sale Method Of City-Owned Real Property. (Council President Mantello) (At The Request Of The Administration) 89. Ordinance Amending The 2018 General Fund Budget To Appropriate Additional Funding From The NYS Governor’s Traffic Safety Committee For The Child Passenger Safety Program. (Council President Mantello) (At The Request Of The Administration) 90. Ordinance Approving Settlement Of Tax Certiorari Proceedings Instituted By Valenti Properties LLC On The Assessment Roll Of The City Of Troy. (Council President Mantello) (At The Request Of The Administration) 91. Ordinance Transferring Funds Within The 2018 Water Fund Budget. (Council President Mantello) (At The Request Of The Administration) 92. Ordinance Amending The Special Grants Fund Budget. (Council President Mantello) (At The Request Of The Administration) 93. Ordinance Transferring Funds Within The 2018 General Fund Budget. (Council President Mantello) (At The Request Of The Administration) RESOLUTIONS 93. Resolution Of The City Council Of The City Of Troy Authorizing The Execution Of A Payment In-Lieu Of Tax (“Pilot”) Agreement By And Among The City Of Troy, MLK 2 Housing Development Fund Company, Inc. And MLK 2 Associates Limited Partnership. (Council Member Cummings) (At The Request Of The Administration) 94. Resolution Accepting The 2017 Financial Audit, Single Audit Of Federal Expenditures, And Single Audit Of New York State Department Of Transportation Expenditures As Prepared By The Bonadio Group. (Council President Mantello) (At The Request Of The Administration) TABLED LEGISLATION 2018 91. Resolution Of The City Council Of The City Of Troy Authorizing The Execution Of A Release Of Reverter. (Council President Mantello) (At The Request Of The Administration) Tabled at Finance Meeting, September 6, 2018  ORD. #88 ORDINANCE AUTHORIZING AND DIRECTING SALE BY THE PROPOSAL SALE METHOD OF CITY-OWNED REAL PROPERTY 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 bid at proposal sale on the hereinafter described property 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 purchaser for the sum 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 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 sale is as follows: Tax Map #: A Portion of 101.37-3-8 (Formerly Known As 101.38-9-18) Location: Abandoned Crooked Alley AV: $31,300 Class Description: 330 – Vacant Commercial Bidder’s Name: Cosmo D. Marfione Bid: $10,000 TERMS AND CONDITIONS: Property will be conveyed to the prospective purchaser by Quit Claim Deed and be subject to any easement or restriction of record. Further; 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, September 27, 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/Sharon Martin Date: September 24, 2018 Re: Sale by Proposal Method - Crooked Alley. The Assessor’s office received only one proposal for the purchase of Crooked Alley from the developer of the vacant land on either side of the alley as attached. Blitman Development Corporation has received Planning Commission approval for a 52 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. A 100 year old water service that flows off King’s road, east onto Laundry Place, then south along Crooked Alley will be relocated to run from 5th Ave. It will serve this new development and the Bier Garden and because there are two water customers, Commissioner Wheland has determined it must be city owned – (not privately as discussed in July) We recommend sale of the property under the conditions attached. City Hall – 433 River Street, Suite 5001, Troy New York 12180 (518) 279-7166 Steven.Strichman@troyny.gov  ORD#89 ORDINANCE AMENDING THE 2018 GENERAL FUND BUDGET TO APPROPRIATE ADDITIONAL FUNDING FROM THE NYS GOVERNOR’S TRAFFIC SAFETY COMMITTEE FOR THE CHILD PASSENGER SAFETY PROGRAM The City of Troy, convened in City Council, ordains as follows: Section 1. The City of Troy 2018 General Fund Budget is herein amended as set forth in Schedule A entitled: Public Safety - Police Child Passenger Safety Program which is attached hereto and made a part hereof. Section 2. This act shall take effect immediately. Approved as to form September 19, 2018 James A. Caruso, Corporation Counsel  ORD#89 MEMO IN SUPPORT To amend the 2018 Police Budget for the receipt of an additional $1,700.00 to participate in the statewide Child Passenger Safety Program in an effort to increase the proper use and installation of child safety seats in NYS. The grant period for this award is October 1, 2018 through September 30, 2019. Should funding remain unspent, such funds and appropriations of the grant will be re-allocated in the Proposed 2019 City Budget.  Schedule A ORD#89 Public Safety - Police Child Passenger Safety Program 2018 Budget Amendment Original * Revised Budget Change Budget General Fund Revenue A.3000.3389.0082 NYS Governor's Traffic Safety Committee $1,500.00 $1,700.00 $3,200.00 Total Revenue Increase $1,700.00 Expenditures A.3120.0303.0082 Other Materials and Supplies - Child Passenger Safety Program $1,500.00 $1,700.00 $3,200.00 Total Expenditures Increase $1,700.00 *Or as previously amended ORD#89 ORD#89 ORD#89 ORD#89 ORD#89  ORD#90 ORDINANCE APPROVING SETTLEMENT OF TAX CERTIORARI PROCEEDINGS INSTITUTED BY VALENTI PROPERTIES, 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 Valenti Properties, LLC 80.47-6-7 600 Second Avenue 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, September 20, 2018 _______________________________ James A. Caruso, Corporation Counsel  ORD#90 MEMORANDUM IN SUPPORT TAXPAYER: Valenti Properties LLC PROPERTY 80.47-6-7 600 Second Avenue ATTORNEY: Patrick Seely, JONES HACKER MURPHY, Troy As of taxable status date 2018, the subject property consisted of a 3,596 square foot former bank building constructed in 1964 on a .21 acre lot. The property was a former HSBC/First Niagara branch, but has been vacant for the past five years. The property was sold by First Niagara to Valenti Properties LLC in 2017 for $50,000. The property is currently listed for $1. Petitioner has challenged the $275,000 assessment of the subject property. The parties have agreed to a settlement in which the 2018 assessed value will be reduced to $135,000. As this settlement would only affect the 2018 assessment, the reduction for the City portion would be reflected on the 2019 property tax bill, with no cash refund. The tax impact is as follows: Assessed Revised Total City Value Value Refund/Liability Liability $275,000 $135,000 $5,811.40 $1,954.40  ORD#91 ORDINANCE TRANSFERRING FUNDS WITHIN THE 2018 WATER 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: October 2018 Budget Transfers – Water Fund which is attached hereto and made a part hereof Section 2. This act will take effect immediately. Approved as to form September 20, 2018 James A. Caruso, Corporation Counsel  Schedule A ORD#91 October 2018 Budget Transfers – Water Fund Original Change Revised Department Account No. Description Budget* (+/-) Budget DPU Administration F.8310.0201.0000.0000 Office Equipment 2,500.00 (1,500.00) 1,000.00 DPU Administration F.8310.0201.0030.0000 Office Equipment - Meter 15,000.00 (10,000.00) 5,000.00 DPU Administration F.8310.0303.0000.0000 Other Material & Supplies 5,000.00 (2,000.00) 3,000.00 DPU Administration F.8310.0404.0068.0000 Repairs - Equipment 5,000.00 (2,000.00) 3,000.00 DPU Administration F.8310.0405.0068.0000 Rentals - Equipment 2,500.00 (1,500.00) 1,000.00 DPU Pumping Stations F.8320.0303.0000.0000 Other Material & Supplies 10,000.00 (7,000.00) 3,000.00 DPU Pumping Stations F.8320.0404.0068.0000 Repairs - Equipment 6,500.00 (4,000.00) 2,500.00 DPU Purification F.8330.0302.0000.0000 Small Tools & Equipment 2,500.00 (1,500.00) 1,000.00 DPU Purification F.8330.0304.0056.0000 Vehicle Expense - Gas 2,500.00 (1,500.00) 1,000.00 DPU Purification F.8330.0401.0021.0000 Utilities - Heating Oil 70,000.00 (5,000.00) 65,000.00 DPU Purification F.8330.0401.0054.0000 Utilities - Gas 135,000.00 (10,000.00) 125,000.00 DPU Purification F.8330.0405.0068.0000 Rentals - Equipment 10,000.00 (4,000.00) 6,000.00 DPU Transmission F.8340.0404.0068.0000 Repairs - Equipment 15,000.00 (5,000.00) 10,000.00 DPU Purification F.8330.0203.0000.0000 Other Equipment 20,000.00 14,500.00 34,500.00 DPU Purification F.8330.0303.0000.0000 Other Material & Supplies 881,594.00 15,500.00 897,094.00 DPU Transmission F.8340.0303.0000.0000 Other Material & Supplies 448,905.00 25,000.00 473,905.00 Net Impact On Water Fund 0.00 * Or as previously amended  THE CITY OF TROY ORD#91 INTER-OFFICE MEMORANDUM To: Andrew Piotrowski, Deputy Comptroller From: Chris Wheland, Superintendent of Public Utilities Subject: October 2018 Water Transfers Date: September 17, 2018 There are some transfers required for the October 2018 council meeting. These are to cover current expenses and in anticipation of future expenditures. Purification has two transfers associated with the October meeting. Other equipment is to purchase handheld radio systems for the Water Treatment Plant to encourage easier communication and provide for safety during lone worker projects. The Other Materials and Supplies line is to support for the water treatment chemicals that are required to treat the water based on the dry summer with periods of torrential downpours and nutrient overloading of the reservoir. Transmission has completed many tasks this year and I am anticipating a few more by the end of the year. At the beginning of every year a large bid is awarded for 70% of materials required. By the end of the year there are still odds and ends that need to be purchased for day to day operations. If you have other questions please let me know. Cc: Patrick Madden, Mayor Monica Kurzejeski, Deputy Mayor  ORD#92 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: October 2018 Budget Amendments – Special Grants Fund which is attached hereto and made a part hereof Section 2. This act will take effect immediately. Approved as to form September 20, 2018 James A. Caruso, Corporation Counsel  ORD#92 Memo In Support This ordinance serves to amend the Special Grants Fund budget for the CDBG and HOME Programs to cleanup remaining budget balances to reconcile the department’s budgetary records. The department has a budget with the federal government for tracking purposes along with the City’s accounting software and this corrects variances that are within the two budgets.  Schedule A ORD#92 October 2018 Budget Amendments – Special Grants Fund Original Change Revised Department Account No. Description Budget* (+/-) Budget Revenues CDBG CD.8000.4910.2000.0000 Federal Aid 6,684,207.00 (43,238.49) 6,640,968.51 HOME CD.8000.4910.5000.0000 Federal Aid 2,072,548.70 (6,587.58) 2,065,961.12 Expenditures CDBG CD.2004.0400.2000.2906 Street Improvements 449,932.59 (25,491.70) 424,440.89 CDBG CD.2005.0400.2000.2901 CDBG Admin 460,885.96 (0.50) 460,885.46 CDBG CD.2007.0400.2000.2908 Code Enforcement Admin 357,800.00 (0.01) 357,799.99 CDBG CD.2007.0400.2000.2980 Redevelopment Opportunity 50,000.00 (1,733.62) 48,266.38 CDBG CD.2009.0400.2000.2908 Code Enforcement Admin 450,000.00 (10,872.64) 439,127.36 CDBG CD.2014.0400.2000.3019 North Central Reinvestment 905,471.00 0.32 905,471.32 CDBG CD.2015.0400.2000.3021 Lansingburgh Reinvestment 1,053,870.45 (5,140.32) 1,048,730.13 CDBG CD.2013.0400.2000.3019 North Central Reinvestment 1,016,197.50 (0.02) 1,016,197.48 HOME CD.2005.0400.5000.5173 CHDO Admin 31,696.26 (49.58) 31,646.68 HOME CD.2009.0400.5000.5176 HIP 18,564.48 (7,050.00) 11,514.48 HOME CD.2011.0400.5000.5170 Home Admin 67,940.00 46.00 67,986.00 HOME CD.2011.0400.5000.5172 CEO Housing Rehab 464,481.14 (26.00) 464,455.14 HOME CD.2012.0400.5000.5170 Home Admin 42,996.00 27.00 43,023.00 HOME CD.2012.0400.5000.5175 HIP 180,000.00 23.00 180,023.00 HOME CD.2012.0400.5000.5179 CDDO Housing Project 186,970.00 442.00 187,412.00 Net Impact On Special Grants Fund 0.00 * Or as previously amended  ORD#93 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: October 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 September 20, 2018 James A. Caruso, Corporation Counsel  ORD#93 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 within DPW Facilities to provide additional funding for supplies for the remainder of the fiscal year. 2. A transfer within DPW Facilities for repairs within the department. 3. A transfer within DPW Garage for necessary parts to repair the City’s fleet of vehicles. 4. A transfer within DPW Garage for necessary repairs to the City’s fleet of vehicles. 5. A transfer within DPW Streets to provide additional funding for tree removal. 6. A transfer within the Fire Department for repairs to fire apparatus. 7. A transfer within the Fire Department to replace and improve one of the firehouses. 8. A transfer from Contingency to the Treasurer’s Office for the purchase of a new coin sorter. The current coin sorter is aging and is need of consistent repair work. 9. Various transfers within the Golf Department to provide adequate funding for the remainder of the fiscal year.  Schedule A ORD#93 October 2018 Budget Transfers – General Fund Original Change Revised Department Account No. Description Budget* (+/-) Budget Reference DPW Facilities A.1620.0303.0000.0000 Other Material & Supplies 41,862.00 10,000.00 51,862.00 1 DPW Facilities A.1620.0401.0053.0000 Utilities - Telephone 227,500.00 (10,000.00) 217,500.00 1 DPW Facilities A.1620.0404.0068.0000 Repairs - Equipment 42,179.00 10,000.00 52,179.00 2 DPW Facilities A.1620.0401.0053.0000 Utilities - Telephone 227,500.00 (10,000.00) 217,500.00 2 DPW Garage A.1640.0304.0057.0000 Vehicle Expense - Parts 209,743.00 30,000.00 239,743.00 3 DPW Garage A.1640.0304.0056.0000 Vehicle Expense - Gas 540,800.00 (30,000.00) 510,800.00 3 DPW Garage A.1640.0304.0058.0000 Vehicle Expense - Repairs 62,240.00 20,000.00 82,240.00 4 DPW Garage A.1640.0304.0056.0000 Vehicle Expense - Gas 540,800.00 (20,000.00) 520,800.00 4 DPW Streets A.5110.0409.0000.0000 Consultant Services 80,000.00 10,000.00 90,000.00 5 DPW Streets A.5110.0303.0000.0000 Other Material & Supplies 65,144.00 (10,000.00) 55,144.00 5 Fire A.3410.0304.0058.0000 Vehicle Expense - Repairs 70,000.00 28,000.00 98,000.00 6 Fire A.3410.0304.0057.0000 Vehicle Expense - Parts 58,208.00 (28,000.00) 30,208.00 6 Fire A.3410.0204.0000.0000 Facilities Improvements 0.00 29,000.00 29,000.00 7 Fire A.3410.0410.0000.0000 Training 60,000.00 (29,000.00) 31,000.00 7 Treasurer's Office A.1325.0201.0000.0000 Office Equipment 0.00 7,000.00 7,000.00 8 Contingency A.1990.0418.0000.0000 Contingency 375,793.00 (7,000.00) 368,793.00 8 Recreation - Golf A.7180.0304.0056.0000 Vehicle Expense - Gas 12,000.00 5,000.00 17,000.00 9 Recreation - Golf A.7180.0303.2420.0000 Other Material & Supplies - Golf Course 91,625.00 8,500.00 100,125.00 9 Recreation - Golf A.7180.0405.0068.0000 Rentals - Equipment 108,500.00 2,000.00 110,500.00 9 Recreation - Golf A.7180.0200.0000.0000 Equipment 12,750.00 1,500.00 14,250.00 9 Recreation - Golf A.7180.0403.0000.0000 Printing & Advertising 2,000.00 (1,800.00) 200.00 9 Recreation - Golf A.7180.0303.2430.0000 Other Material & Supplies - Pro Shop 12,000.00 (6,000.00) 6,000.00 9 Recreation - Golf A.7180.0404.0068.0000 Repairs - Equipment 47,725.00 (9,200.00) 38,525.00 9 Net Impact On General Fund 0.00 * Or as previously amended  ORD#94 ORDINANCE AMENDING THE 2018 GENERAL FUND BUDGET TO APPROPRIATE ADDITIONAL FUNDING FROM THE U.S. DEPARTMENT OF JUSTICE - FY17 EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT The City of Troy, convened in City Council, ordains as follows: Section 1. The City of Troy 2018 General Fund Budget is herein amended as set forth in Schedule A entitled: Public Safety - Police FY17 Edward Byrne Memorial Justice Assistance Grant (JAG) Program 2018 Expenses which is attached hereto and made a part hereof. Section 2. This act shall take effect immediately. Approved as to form September 19, 2018 James A. Caruso, Corporation Counsel MEMO IN SUPPORT  ORD#94 To amend the 2018 Police Budget for the receipt of an additional $31,717 from the U.S. Department of Justice JAG Program for the purpose of activities as defined in the attached grant agreement. The grant period is from October 1, 2016 through September 30, 2020. The expenditures allocated in this budget amendment reflect those expenses anticipated in fiscal year 2018. Should funding remain unspent, such funds and appropriations of the grant will be re- allocated in the Proposed 2019 City Budget.  Schedule A ORD#94 Public Safety - Police FY 17 Edward Byrne Memorial Justice Assistance Grant (JAG) Program 2018 Expenses 2018 Budget Amendment Original * Revised Budget Change Budget General Fund Revenue A.3000.4389.0107 U.S. Department of Justice $29,806.00 $31,717.00 $61,523.00 JAG Program Total Revenue Increase $31,717.00 Expenditures A.3120.0103.0107 Overtime - JAG Program $29,806.00 $31,717.00 $61,523.00 Total Expenditures Increase $31,717.00 *Or as previously amended ORD#94 ORD#94 ORD#94 ORD#94 ORD#94 ORD#94 ORD#94 ORD#94 ORD#94 ORD#94 ORD#94 ORD#94 ORD#94 ORD#94 ORD#94 ORD#94 ORD#94 ORD#94 ORD#94 ORD#94 ORD#94 ORD#94  ORD#95 ORDINANCE AMENDING THE 2018 GENERAL FUND BUDGET TO APPROPRIATE ADDITIONAL FUNDING FROM THE NYS GOVERNOR’S TRAFFIC SAFETY COMMITTEE FOR PEDESTRIAN/BICYCLIST EDUCATION AND ENFORCEMENT The City of Troy, convened in City Council, ordains as follows: Section 1. The City of Troy 2018 General Fund Budget is herein amended as set forth in Schedule A entitled: Public Safety - Police Pedestrian/Bicyclist Education and Enforcement which is attached hereto and made a part hereof. Section 2. This act shall take effect immediately. Approved as to form September 19, 2018 James A. Caruso, Corporation Counsel  ORD#95 MEMO IN SUPPORT To amend the 2018 Police Budget for the receipt of an additional $6,000.00 to participate in the NYS Highway Safety Program in an effort to reduce the number of crashes, injuries and deaths on NY roads. The grant period for this award is October 1, 2018 through September 30, 2019. Should funding remain unspent, such funds and appropriations of the grant will be re-allocated in the Proposed 2019 City Budget.  Schedule A ORD#95 Public Safety - Police Pedestrian/Bicyclist Education and Enforcement 2018 Budget Amendment Original * Revised Budget Change Budget General Fund Revenue A.3000.3389.0418 NYS Governor's Traffic Safety Committee $6,000.00 $6,000.00 $12,000.00 Total Revenue Increase $6,000.00 Expenditures A.3120.0103.0418 Pedestrain Education & Safety Overtime $6,000.00 $6,000.00 $12,000.00 Total Expenditures Increase $6,000.00 *Or as previously amended ORD#95 ORD#95 ORD#95  ORD#96 ORDINANCE AMENDING THE 2018 GENERAL FUND BUDGET TO APPROPRIATE ADDITIONAL FUNDING FROM THE NYS GOVERNOR’S TRAFFIC SAFETY COMMITTEE FOR POLICE TRAFFIC SERVICES The City of Troy, convened in City Council, ordains as follows: Section 1. The City of Troy 2018 General Fund Budget is herein amended as set forth in Schedule A entitled: Public Safety - Police Police Traffic Services which is attached hereto and made a part hereof. Section 2. This act shall take effect immediately. Approved as to form September 19, 2018 James A. Caruso, Corporation Counsel  ORD#96 MEMO IN SUPPORT To amend the 2018 Police Budget for the receipt of an additional $17,400 to participate in the statewide Police Traffic Services Program with a goal to increase seat belt usage and reduce dangerous driving behaviors in an effort to reduce serious injury and death from traffic crashes. The grant period for this award is October 1, 2018 through September 30, 2019. Should funding remain unspent, such funds and appropriations of the grant will be re-allocated in the Proposed 2019 City Budget.  Schedule A ORD#96 Public Safety - Police Police Traffic Services 2018 Budget Amendment Original * Revised Budget Change Budget General Fund Revenue A.3000.3389.0088 NYS Governor's Traffic Safety Committee $16,900.00 $17,400.00 $34,300.00 Total Revenue Increase $17,400.00 Expenditures A.3120.0103.0088 Police Traffic Services Overtime $16,500.00 $16,800.00 $33,300.00 A.3120.0410.0088 Police Traffic Services Training $400.00 $600.00 $1,000.00 Total Expenditures Increase $17,400.00 *Or as previously amended ORD#96 ORD#96 ORD#96  ORD#97 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 September 19, 2018 James A. Caruso, Corporation Counsel  ORD#97 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 Public Utilities. 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#97 Vehicles VIN # Department Truck #130 2004 GMC EXT. CAB PICKUP 1GTHK29U64E115547 DPU Truck #106 2004 GMC UTILITY TRUCK 1GTHK24U04E117494 DPU Truck #129 2003 GMC UTILITY TRUCK 1GTHK24UX4E116983 DPU Truck #33 2010 FORD F-350 1FTWF3BY4AEB01014 DPU Other Department Shop Grinder DPU Floor Mounted Grinder DPU 4 sets of uniform lockers DPU Transmission Flusher DPU 2 Leaf Boxes DPU 1 Plastic and 1 Aluminum bulk container DPU 1 Dump Truck mounted salter DPU 3 Truck mounted tool boxes DPU Sewer machine buckets DPU 2 Truck bed slide outs DPU 1 Truck Caps DPU  RES#93 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TROY AUTHORIZING THE EXECUTION OF A PAYMENT IN-LIEU OF TAX (“PILOT”) AGREEMENT BY AND AMONG THE CITY OF TROY, MLK 2 HOUSING DEVELOPMENT FUND COMPANY, INC. AND MLK 2 ASSOCIATES LIMITED PARTNERSHIP WHEREAS, the City of Troy (the “City”) desires to encourage a sufficient supply of adequate, safe and sanitary dwelling accommodations properly planned for persons with low income; and WHEREAS, MLK 2 Housing Development Fund Company, Inc., a to-be-formed Article XI New York private housing finance law corporation and a New York not-for-profit corporation (the “HDFC”), and MLK 2 Associates Limited Partnership, a New York limited partnership (the “Partnership”), have identified property located at Eddy’s Lane (Section 90.55 Block 7 Lot 1.2) and Oakwood Avenue (Section 90.56 Block 1 Lot 1), City of Troy, County of Rensselaer, State of New York, as described on Exhibit A attached hereto and made a part hereof (the “Land”), for the purpose of rehabilitating certain existing improvements on the Land and constructing additional improvements on the land to be collectively used as a housing project for persons of low income, said project to consist of: (i) the acquisition of the Land; (ii) the rehabilitation and construction thereon of fifty-eight (58) units of housing for persons of low income, to be known as Martin Luther King Revitalization – Phase 2 (the “Improvements”); and (iii) the acquisition and installation therein and thereon of certain machinery, equipment, furniture, fixtures and other tangible personal property (the “Equipment”, and collectively with the Land and the Improvements, the “Project”); and WHEREAS, the Partnership has been, and the HDFC will be, formed for the purpose of providing residential rental accommodations for families and persons of low-income; and WHEREAS, the HDFC will acquire fee title to the Land, as nominee for the Partnership, and will convey its equitable and beneficial interests in the Land to the Partnership in furtherance of the development of the Project; and WHEREAS, the HDFC’s and the Partnership’s plan for the use of the Land constitutes a “housing project” as that term is defined in the Private Housing Finance Law of the State of New York (“PHFL”); and WHEREAS, the HDFC is a “housing development fund company” as the term is defined in Section 572 of the PHFL and Section 577 of the PHFL authorizes the City Council to exempt the Project from real property taxes; and WHEREAS, the HDFC is, or will be, on the commencement date of the PILOT Agreement contemplated herein, a co-general partner of the Partnership; and WHEREAS, the Partnership and the HDFC will be willing to enter into a PILOT Agreement whereby they will make annual payments in lieu of taxes to the City as set forth in the PILOT Agreement presented to the City Council for approval; NOW THEREFORE, BE IT RESOLVED that the City Council hereby exempts the Project from real property taxes to the extent authorized by Section 577 of the PHFL and approves the proposed PILOT Agreement by and among the City, the Partnership and the HDFC, in substantially the form presented at this meeting, providing for annual payments as set forth in such agreement; and it is FURTHER RESOLVED, that the Mayor of the City is hereby authorized to execute and deliver the foregoing PILOT Agreement on behalf of the City; and it is FURTHER RESOLVED, that this resolution shall take effect immediately. CERTIFICATION The undersigned, being the duly elected Clerk of the City of Troy, hereby certifies that the attached is a true, correct and complete copy of certain resolutions unanimously adopted by the City Council of the City of Troy on ___________, 2018 and such resolutions have not been modified, amended or repealed and are in full force and effect as of the date hereof. ____________________________________ Name: Title: Clerk 2  EXHIBIT A Description of the Land 3  RES#93 AGREEMENT FOR PAYMENT IN LIEU OF TAXES (PILOT) BY AND AMONG THE CITY OF TROY, MLK 2 HOUSING DEVELOPMENT FUND COMPANY, INC. AND MLK 2 ASSOCIATES LIMITED PARTNERSHIP THIS AGREEMENT FOR PAYMENT IN LIEU OF TAXES (the “Agreement”), dated _____________, 2018, by and among the CITY OF TROY, NEW YORK, a New York incorporated municipality, having its principal office located at 433 River Street, Troy, New York 12180 (the “City”) and MLK 2 HOUSING DEVELOPMENT FUND COMPANY, INC., a New York not-for-profit corporation formed pursuant to Article XI of the Private Housing Finance Law (the “PHFL”), having its principal office located at c/o Troy Housing Authority, One Eddy’s Lane, Troy, New York 12180 (the “HDFC”), which HDFC will hold title to the Property (as hereinafter defined) for the benefit of MLK 2 ASSOCIATES LIMITED PARTNERSHIP, a New York limited partnership, having its principal office located at c/o Beacon Communities LLC, Two Center Plaza, Suite 700, Boston, Massachusetts 02108 (the “Partnership”). WHEREAS, the HDFC is, or will become, the bare legal or record owner, and the Partnership is, or will become, the beneficial and equitable owner, of certain real property located in the City of Troy, County of Rensselaer, State of New York, as more particularly described in Exhibit A attached hereto and incorporated herein by reference (the “Property”); and WHEREAS, the HDFC is a corporation established pursuant to Section 402 of the Not- For-Profit Corporation Law and Article XI of the PHFL; and WHEREAS, the HDFC is, or will be, the co-general partner of the Partnership; and WHEREAS, the HDFC and the Partnership have each been formed for the purpose of providing residential rental accommodations for persons of low-income; and WHEREAS, the Partnership will develop, own, rehabilitate, construct, maintain and operate a housing project for persons of low income at the Property, anticipated to consist of 58 residential rental units for persons of low income, and commonly known as Martin Luther King Revitalization – Phase 2 (the “Project”); and WHEREAS, the HDFC’s and the Partnership’s plan for the use of the Property constitutes a “housing project” as that term is defined in the PHFL; and WHEREAS, the HDFC is a “housing development fund company” as the term is defined in Section 572 of the PHFL; and WHEREAS, pursuant to PHFL Section 577, the local legislative body of a municipality may exempt the real property of a housing project of a housing development fund company from local and municipal taxes, including school taxes, other than assessments for local improvements, to the extent of all or a part of the value of the property included in the completed project; and  WHEREAS, the City Council of the City of Troy, New York, by Resolution No. ____________________ adopted ________________, 2018, approved and authorized the execution of this Agreement, NOW, THEREFORE, it is agreed as follows: 1. Pursuant to Section 577 of the PHFL, the City hereby exempts from local and municipal taxes, other than assessments for local improvements, one hundred percent (100%) of the value of the Property, including both the land and the improvements included in the Project. “Local and Municipal Taxes” shall mean any and all real estate taxes levied by Rensselaer County (“County”), the City of Troy (“City”), the Troy City School District (“School District”) or other affected taxing jurisdiction (as defined in Subdivision 1(b) of Section 577 of the PHFL) which has jurisdiction over the Property (collectively, the “Taxing Jurisdictions”), and intending to bind the applicable Taxing Jurisdictions to the fullest extent provided under Section 577 of the PHFL. 2. This tax exemption will commence on the date of the HDFC’s acquisition of the fee title interest in the Property and shall continue for a period of thirty (30) years from the Partnership’s completion of the Project, as evidenced by the City’s issuance of a certificate of occupancy for the Project. This Agreement shall not limit or restrict the HDFC’s or the Partnership’s right to apply for or obtain any other tax exemption to which it might be entitled upon the expiration of this Agreement. The parties understand that the exemption extended pursuant to Section 577 of the PHFL and this Agreement does not include exemption from special assessments and special ad valorem levies. During the period of this Agreement, the Partnership shall pay any service charges, special ad valorem levies, special assessments and improvement district charges or similar tax equivalents which are or would be levied upon or with respect to the Project by the Taxing Jurisdictions or any other taxing authority. 3. Commencing in the first full year after the issuance of a certificate of occupancy for the Project, and continuing for so long as the exemption hereunder continues, the Partnership shall make annual payments in lieu of taxes (“PILOT”) in the amount set forth in this section, which payments shall cover all Local and Municipal Taxes owed in connection with the Property and the Project, and which payments shall be shared by the Taxing Jurisdictions on the same basis as property taxes would be shared if the Property and the Project were fully taxed. The PILOT shall be in the initial amount of Four Hundred and 00/100 Dollars ($400.00) per dwelling unit per year (prorated for the year of acquisition by the HDFC), and shall increase annually by two percent (2%). 4. The tax exemption provided by this Agreement will continue for the term described above provided that the Property and the Project continue to be used as housing facilities for persons of low income and (i) the HDFC and the Partnership own and operate the Property and the Project in conformance with Article XI of the PHFL; or (ii) the HDFC assumes sole legal and beneficial ownership of the Property and the Project and operates the Property and the Project in conformance with Article XI of the PHFL; or (iii) in the event an action is brought to foreclose a mortgage upon the HDFC, and the legal and beneficial interest in the Property and the Project shall be acquired at the foreclosure sale or from the mortgagee, or by a conveyance in lieu of such sale, by a housing development fund corporation organized pursuant to Article XI of the PHFL, or by the Federal government or an instrumentality thereof, or by a corporation which 2 is, or by agreement has become subject to the supervision of the superintendent of banks or the superintendent of insurance, and such successor in interest operates the Property and the Project in conformance with Article XI of the PHFL. 5. The failure to make the required payment will be treated as failure to make payment of taxes and will be governed by the same provisions of law as apply to the failure to make payment of taxes, including but not limited to enforcement and collection of taxes to the extent permitted by law. 6. All notices and other communications hereunder shall be in writing and shall be sufficiently given when delivered to the applicable address stated above (or such other address as the party to whom notice is given shall have specified to the party giving notice) by registered or certified mail, return receipt requested or by such other means as shall provide the sender with documentary evidence of such delivery. 7. This Agreement shall inure to the benefit of and shall be binding upon the City, the Partnership, the HDFC and their respective successors and assigns, including the successors in interest of the Partnership and the HDFC. There shall be no assignment of this Agreement except with consent of the other party, which consent shall not be unreasonably withheld. 8. If any provision of this Agreement or its application is held invalid or unenforceable to any extent, the remainder of this Agreement and the application of that provision to other persons or circumstances shall be enforced to the greatest extent permitted by law. 9. This Agreement may be executed in any number of counterparts with the same effect as if all the signing parties had signed the same document. All counterparts shall be construed together and shall constitute the same instrument. 10. This Agreement constitutes the entire agreement of the parties relating to payments in lieu of taxes with respect to the Property and supersedes all prior contracts, or agreements, whether oral or written, with respect thereto. 11. Each of the parties individually represents and warrants that the execution, delivery and performance of this Agreement, (i) has been duly authorized and does not require any other consent or approval, (ii) does not violate any article, by-law or organizational document or any law, rule, regulation, order, writ, judgment or decree by which it is bound, and (iii) will not result in or constitute a default under any indenture, credit agreement, or any other agreement or instrument to which any of them is a party. Each party represents that this Agreement shall constitute the legal, valid and binding agreement of the parties enforceable in accordance with its terms. 12. This Agreement shall be governed by and construed in accordance with the laws of the State of New York. 13. Any litigation arising out of this agreement shall be venued in Rensselaer County Supreme Court or the appropriate federal district court exercising jurisdiction over Rensselaer County. 3  IN WITNESS WHEREOF, the City, the HDFC and the Partnership have caused this Agreement to be executed in their respective names by their duly authorized representatives and their respective seals to be hereunder affixed, all as of the date above-written. CITY OF TROY, NEW YORK DATED: _________________, 2018 By:_______________________________________ Name: Patrick Madden Title: Mayor MLK 2 HOUSING DEVELOPMENT FUND COMPANY, INC. DATED: _________________, 2018 By:_______________________________________ Name: Susan Steele Title: President MLK 2 ASSOCIATES LIMITED PARTNERSHIP By: Beacon MLK 2 LLC, its Managing General Partner By: Beacon Communities Corp., its Managing Member DATED: _________________, 2018 By:____________________________________ Name: Duncan Barrett Title: Authorized Signatory STATE OF NEW YORK ) ) SS.: COUNTY OF RENSSELAER ) On the ____ day of _____________ in the year 2018, before me personally appeared _____________________, personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that s/he executed the same in her/his capacity, and that by her/his signature on the instrument, the individual, or person upon behalf of which the individual acted, executed the instrument. ______________________________ NOTARY PUBLIC 4 STATE OF NEW YORK ) ) SS.: COUNTY OF __________ ) On the _____ day of ____________ in the year 2018, before me personally appeared Susan Steele, personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that s/he executed the same in her/his capacity, and that by her/his signature on the instrument, the individual, or person upon behalf of which the individual acted, executed the instrument. ______________________________ NOTARY PUBLIC STATE OF NEW YORK ) ) SS.: COUNTY OF __________ ) On the _____ day of ____________ in the year 2018, before me personally appeared Duncan Barrett, personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity, and that by his signature on the instrument, the individual, or person upon behalf of which the individual acted, executed the instrument. ______________________________ NOTARY PUBLIC 5  EXHIBIT A Description of the Property 6  Steven Strichman Patrick Madden Commissioner Mayor Department of Planning and Economic Development To: City Council From: Steven Strichman - to be addressed at meeting by Deb Witkowski and Duncan Barrett Date: September 22, 2018 Re: P.I.L.O.T. (Article XI) – Martin Luther King Apartments Revitalization – Phase 2 Eddy’s Lane (90.55, Block 7, Lot 1 and 90.56, Block 1, Lot 1) As part of the continuing the revitalization and HUD RAD conversion of the Martin Luther King Apartments on Eddy’s Lane, the THA is seeking a PILOT from the Troy City Council under Article XI of the New York State Private Housing Finance Law. THA is requesting that the City of Troy provides this relief which will allow the project to proceed with their financing, further density reduction units, and to preserve this affordable housing resource for families in the City for another 30 years. Over the past several years, the Troy Housing Authority (THA) and Beacon Communities have been redeveloping the Martin Luther King Apartments (MLK) complex on Eddy’s Lane. MLK was built in 1971 and is a community of the THA. The project will preserve this affordable housing resource in the community. MLK Apartments requires a major revitalization to correct deficiencies of the original design; to correct the physical deterioration which is ongoing; and to replace functionally obsolete systems. The plan includes the preservation of 104 affordable housing units. The density of the MLK site will be reduced to 83 apartment units. City Hall – 433 River Street, Suite 5001, Troy New York 12180 (518) 279-7166 Steven.Strichman@troyny.gov The MLK project consists of two phases. Phase 1 is currently nearing construction completion and included the gut rehabilitation of 6 apartment buildings resulting in 46 dwelling units. Phase 2 (the second and final phase) involves the selective demolition and moderate rehabilitation of 5 existing building and the new construction of 11 two-story townhouses; resulting in 37 rehab units and 21 new units – totaling 58 dwelling units. I recommend in favor of Article XI PILOT which allows the Housing Authority to undertake a major quality of life upgrade at the Martin Luther King Apartments. City Hall – 433 River Street, Suite 5001, Troy New York 12180 (518) 279-7166 Steven.Strichman@troyny.gov  PROPOSED DESCRIPTION OF A PORTION OF THE LANDS OF THE TROY HOUSING AUTHORITY EDDY LANE CITY OF TROY "PHASE # 2 - 8.809 +/- ACRE PARCEL" ALL THAT TRACT OR PARCEL OF LAND SITUATE IN THE CITY OF TROY, COUNTY OF RENSSELAER AND STATE OF NEW YORK, BOUNDED AND DESCRIBED AS FOLLOWS: Beginning at a point standing at the southeasterly corner of lands conveyed by N E S Associates, Inc. to The Troy Housing Authority by a Bargain and Sale Deed dated July 1, 1971 and filed in the Rensselaer County Clerk's Office in Liber 1227 of Deeds at Page 969, said point standing at the intersection of the southwesterly boundary of the lands of The Troy Housing Authority with the northwesterly boundary of the lands of the City of Troy (Eddy Lane) (Now or Formerly), as described in a Quit Claim Deed dated March 27, 1974 and filed in the Rensselaer County Clerk's Office in Liber 1259 of Deeds at Page 527; thence S34°21'00"W 20.81 feet along the northwesterly boundary of the lands of the City of Troy (Eddy Lane) to a point standing at the southwesterly corner of the lands of the City of Troy (Eddy Lane) and on the northeasterly boundary of Yonna Realty, Inc (Now or Formerly); thence N41°23'36"W 3.32 feet along the northeasterly boundary of Yonna Realty, Inc. to a point standing on the northerly boundary of Yonna Realty, Inc.; thence S83°58'00"W 136.45 feet along the northerly boundary of Yonna Realty, Inc. to a point standing on the northeasterly boundary of House Avenue, LLC (Now or Formerly); thence N49°32'00"W 402.35 feet along the northeasterly boundary of House Avenue, LLC to a point; thence N12°21'34"E 374.84 feet to a point; thence S70°01'36"E 152.02 feet to a point; thence N27°56'42"E 204.92 feet to a point; thence S52°33'35"E 168.00 feet to a point; thence S84°36'29"E 57.16 feet to a point; thence N81°12'38"E 418.53 feet to a point standing on the northwesterly boundary of Yonna Realty, Inc. (Now or Formerly); thence S34°21'00"W 828.22 feet along the northwesterly boundary of Yonna Realty, Inc. and then along the northwesterly boundary of the lands of the City of Troy (Eddy Lane) to the point and place of beginning. The above described parcel containing 8.809 acres (383,710.4 sq.ft.) of land, more or less. Subject to any easements, covenants or restrictions of record.  RES#94 RESOLUTION ACCEPTING THE 2017 FINANCIAL AUDIT, SINGLE AUDIT OF FEDERAL EXPENDITURES, AND SINGLE AUDIT OF NEW YORK STATE DEPARTMENT OF TRANSPORTATION EXPENDITURES AS PREPARED BY THE BONADIO GROUP WHEREAS, on July 12, 2018 the Troy City Council authorized the Mayor to enter into an agreement with The Bonadio Group to provide auditing services for the fiscal years 2017, 2018, and 2019; and WHEREAS, the financial statement audit for the 2017 fiscal year has been completed and draft copies have been provided to the Troy City Council; and WHEREAS, the single audit of federal expenditures for the 2017 fiscal year has been completed and draft copies have been provided to the Troy City Council; and WHEREAS, the single audit of New York State Department of Transportation expenditures for the 2017 fiscal year has been completed and draft copies have been provided to the Troy City Council; and WHEREAS, the Bonadio Group has audited and certified the results of the 2017 fiscal year; and WHEREAS, all draft documents have been reviewed before the Troy City Council; and NOW THEREFORE BE IT RESOLVED, the Troy City Council hereby accepts the 2017 audits as prepared by the Bonadio Group. Approved as to form, September 20, 2018 ___________________________________ James A. Caruso, Corporation Counsel  RES#94 Memo In Support This resolution accepts the three audits prepared by the Bonadio Group for the City of Troy’s 2017 fiscal year. The City is required to have a financial audit completed along with two single audits, one for federal expenditures and the other for New York State Department of Transportation expenditures.