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City Council

Regular Meeting

Troy, NY · November 1, 2018

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Minutes

Minutes of the TROY CITY COUNCIL FINANCE COMMITTEE November 1, 2018 6:00 P.M. The meeting was called to order at 6:02 p.m. by Council President Mantello. Pledge of Allegiance Roll Call: The roll being called, the following answered to their names: Council Member Gulli, Council Member McGrath, Council Member Paratore, Council Member Cummings, Council Member Bissember, Council Member Kennedy, Council President Mantello, Chair. In attendance were Mayor Patrick Madden, Deputy Mayor Monica Kurzejeski, Corporation Counsel James Caruso, Deputy Comptroller Andy Piotrowski, Deputy Director of Public Information John Salka, and Commissioner of Planning & Economic Development Steven Strichman. Approximately 4 members of the public attended. Public Forum: No one came forward. Deputy Comptroller Andrew Piotrowski presented the Third Quarter 2018 Financial Reports for the General, Water, and Sewer Funds. 115. Ordinance Authorizing Settlement Of Claim, To Wit: BTP Monument Square, LLC, Plaintiff, vs. City Of Troy, New York, Defendant. (Council President Mantello) (At the Request of the Administration) Ordinance passed 6 ayes, 1 no (Cummings). 116. Ordinance Approving Settlement Of Tax Certiorari Proceedings Instituted By Estate Of Roland F. Kimlin On The Assessment Roll Of The City Of Troy. (Council President Mantello) (At the Request of the Administration) Ordinance voted down 0 ayes, 6 nos, 1 abstention (Kennedy). 117. Ordinance Approving Settlement Of Tax Certiorari Proceedings Instituted By 251 River Street LLC On The Assessment Roll Of The City Of Troy. (Council President Mantello) (At the Request of the Administration) Ordinance passed 5 ayes, 2 nos (Gulli, Kennedy). 118. Ordinance Authorizing Settlement Of Claim, To Wit: William Rigney And Phyllis Rigney, Plaintiffs vs. City Of Troy, New York, Defendant. (Council President Mantello) (At the Request of the Administration) Ordinance passed 7 ayes, 0 nos. 120. Ordinance Transferring Funds Within The 2018 Water Fund Budget. (Council President Mantello) (At the Request of the Administration) Ordinance passed 7 ayes, 0 nos. 121. Ordinance Amending The 2018 General Fund Budget. (Council President Mantello) (At the Request of the Administration) Ordinance amended to add items to Schedule A (see Appendix A, attached). Amended Ordinance passed 7 ayes, 0 nos. 122. Ordinance Amending The Special Grants Fund Budget. (Council President Mantello) (At the Request of the Administration) Ordinance passed 7 ayes, 0 nos. 123. Ordinance To Authorize The City Comptroller, Or In Absence Of One, The Deputy City Comptroller To Waive The Interest On A Bill For Services. (Council President Mantello) (At the Request of the Administration) Ordinance passed 7 ayes, 0 nos. 124. Ordinance Amending The Special Grants Fund Budget. (Council President Mantello) (At the Request of the Administration) Ordinance passed 7 ayes, 0 nos. 108. Authorizing The Mayor To Execute A Contract With 3t Architects For Design Services, Construction Documents And Construction Administration For The Riverfront Access And Improvements Grant. (Council President Mantello) (At the Request of the Administration) At the request of the Council President, a memorandum from the City Auditor has been added to the minutes (see Appendix B). Resolution passed 6 ayes, 0 nos. (Council Member Kennedy was absent for this vote.) 109. Resolution Appointing Additional Members To The Special Committee On The Creation Of A Dog Park. (Council President Mantello) Resolution passed 6 ayes, 0 nos. (Council Member Kennedy was absent for this vote.) 110. Resolution Confirming Heidi Katherine Knoblauch’s Appointment As Chairperson Of The Troy Industrial Development Authority. (Council President Mantello) (At the Request of the Administration) Resolution passed 7 ayes, 0 nos. 111. Resolution Confirming Elbert L. Watson’s Appointment As A Member Of The Troy Industrial Development Authority. (Council President Mantello) (At the Request of the Administration) Resolution passed 7 ayes, 0 nos. Adjournment The meeting adjourned at 7:17 p.m. An audio recording of this meeting is on file at the City Clerk's office. Schedule A November 2018 Budget Amendments – General Fund Amendment Original Change Revised Department Account No. Description Budget* (+/-) Budget Expenditures DPW Garage A.1640.0304.0056.0000 Vehicle Expense - Gas 490,800.00 (51,000.00) 439,800.00 DPW Garage A.1640.0304.0057.0000 Vehicle Expense - Parts 239,743.00 25,000.00 264,743.00 DPW Garage A.1640.0304.0058.0000 Vehicle Expense - Repairs 82,240.00 25,000.00 107,240.00 Corporation Counsel A.1420.0408.0000.0000 Dues 8,500.00 1,000.00 9,500.00 Net Impact On General Fund 0.00 * Or as previously amended From: Jeff.Nesich Sent: Friday, October 26, 2018 2:13 PM To: Carmella Mantello Cc: All City Council Members; James.Quinn; Mara.Drogan Subject: RE: Resolution authorizing a contract with 3t architects for design etc. of Riverfront Trail Good afternoon. I have reviewed the documents provided to me regarding the process utilized by the City to secure state grant funds for the “trail project”. I am very familiar with how the state administers grant funds as I issued RFPs to local governments for services paid through state grant funds . Accordingly I have a strong understanding of the “details ‘ that the State will look for. 1)As required, a Request for proposal ( rfp ) was issued in July 2013 2) a contract was awarded based on a competive review of the 7 proposals received. 3) The contract was agreed to in January 2014 to with ‘3tarchitects “ 4) the score sheets indicate that this firm received the highest level of total points - Please note that the score sheet summary provided actually shows a tie score between “3tarchitects “ and “HM White” and that the Department of State may ask for further documentation pertaining to the final selection. SUMMARY: Based on the documents that I have been provided, I believe that the procurement processed followed by the City in 2013, appears to be appropriate ,competitive and documented. I am available to research further, or discuss with you or the State Officials in that would be helpful Thank you JEFF JEFFREY NESICH-CITY AUDITOR

Agenda

TROY CITY COUNCIL FINANCE COMMITTEE AGENDA November 1, 2018 6:00 P.M. Pledge of Allegiance Roll Call Public Forum Third Quarter 2018 Financial Reports for the General, Water, and Sewer Funds – Deputy Comptroller Andrew Piotrowski LOCAL LAWS ORDINANCES 115. Ordinance Authorizing Settlement Of Claim, To Wit: BTP Monument Square, LLC, Plaintiff, vs. City Of Troy, New York, Defendant. (Council President Mantello) (At the Request of the Administration) 116. Ordinance Approving Settlement Of Tax Certiorari Proceedings Instituted By Estate Of Roland F. Kimlin On The Assessment Roll Of The City Of Troy. (Council President Mantello) (At the Request of the Administration) 117. Ordinance Approving Settlement Of Tax Certiorari Proceedings Instituted By 251 River Street LLC On The Assessment Roll Of The City Of Troy. (Council President Mantello) (At the Request of the Administration) 118. Ordinance Authorizing Settlement Of Claim, To Wit: William Rigney And Phyllis Rigney, Plaintiffs vs. City Of Troy, New York, Defendant. (Council President Mantello) (At the Request of the Administration) 120. Ordinance Transferring Funds Within The 2018 Water Fund Budget. (Council President Mantello) (At the Request of the Administration) 121. Ordinance Amending The 2018 General Fund Budget. (Council President Mantello) (At the Request of the Administration) 122. Ordinance Amending The Special Grants Fund Budget. (Council President Mantello) (At the Request of the Administration) 123. Ordinance To Authorize The City Comptroller, Or In Absence Of One, The Deputy City Comptroller To Waive The Interest On A Bill For Services. (Council President Mantello) (At the Request of the Administration) 124. Ordinance Amending The Special Grants Fund Budget. (Council President Mantello) (At the Request of the Administration) RESOLUTIONS 108. Authorizing The Mayor To Execute A Contract With 3t Architects For Design Services, Construction Documents And Construction Administration For The Riverfront Access And Improvements Grant. (Council President Mantello) (At the Request of the Administration) 109. Resolution Appointing Additional Members To The Special Committee On The Creation Of A Dog Park. (Council President Mantello) 110. Resolution Confirming Heidi Katherine Knoblauch’s Appointment As Chairperson Of The Troy Industrial Development Authority. (Council President Mantello) (At the Request of the Administration) 111. Resolution Confirming Elbert L. Watson’s Appointment As A Member Of The Troy Industrial Development Authority. (Council President Mantello) (At the Request of the Administration) TABLED LEGISLATION 2018 Wm. Patrick Madden Andrew Piotrowski Mayor Deputy City Comptroller Monica Kurzejeski Office of the City Comptroller Deputy Mayor City Hall 433 River Street – Suite 5001 Troy, New York 12180-3406 Date: October 31, 2018 To: Honorable Wm. Patrick Madden City Council Members From: Andrew Piotrowski Deputy City Comptroller Re: Third Quarter 2018 Financial Report – General Fund Part I – Revenues General Fund Revenues Revenue 09/30/2018 09/30/2017 $ Change % Change 2018 Actual 2018 Budget $ Diff % Achieved Real Property Taxes 22,465,421 22,883,476 (418,054) -1.83% 22,465,421 23,848,068 (1,382,647) 94.20% Local Sources 10,919,742 10,211,959 707,783 6.93% 10,919,742 19,066,000 (8,146,258) 57.27% General Government Support 212,887 156,965 55,923 35.63% 212,887 373,500 (160,613) 57.00% Public Safety 728,006 469,818 258,188 54.95% 728,006 485,000 243,006 150.10% Health 1,459,409 1,426,182 33,227 2.33% 1,459,409 2,065,000 (605,591) 70.67% Transportation 489,060 451,564 37,496 8.30% 489,060 645,000 (155,940) 75.82% Recreation 670,482 884,293 (213,810) -24.18% 670,482 1,207,000 (536,518) 55.55% Home & Community Services 2,056,004 598,887 1,457,117 243.30% 2,056,004 2,840,120 (784,116) 72.39% Intergovernmental Charges 0 18,565 (18,565) -100.00% 0 250,000 (250,000) 0.00% Use Of Money & Property 23,954 10,710 13,243 123.65% 23,954 59,000 (35,046) 40.60% Licenses & Permits 460,817 666,022 (205,205) -30.81% 460,817 1,062,000 (601,183) 43.39% Fines & Forfeitures 1,284,140 936,082 348,058 37.18% 1,284,140 1,355,000 (70,860) 94.77% Sale Of Property & Compensation For Loss 70,878 92,136 (21,258) -23.07% 70,878 50,478 20,400 140.41% Miscellaneous 974,013 961,792 12,221 1.27% 974,013 1,317,000 (342,987) 73.96% Interfund Revenues 814,906 814,906 0 0.00% 814,906 1,760,782 (945,876) 46.28% State Aid 647,321 1,363,143 (715,822) -52.51% 647,321 14,684,945 (14,037,624) 4.41% Federal Aid 189,996 717,586 (527,591) -73.52% 189,996 685,223 (495,227) 27.73% Intrafund Revenues 0 0 0 - 0 2,222,000 (2,222,000) 0.00% Total 43,467,035 42,664,084 802,950 1.88% 43,467,035 73,976,116 (30,509,082) 58.76% Revenues in the General Fund totaled $43,467,035 as of September 30, 2018, which amounts to 58.76% of the 2018 budgeted total. Total revenues decreased by 1.24%, or approximately $545,747, in comparison to the nine month total of 2017. 2018 General Fund Third Quarter Report – Page 1 Despite this report detailing the results of the first nine month revenue and expenditure totals of the 2018 fiscal year, there is still a significant seasonality component that impacts the General Fund revenues. For example the City’s AIM funding from New York State will not be received and recognized until the fourth quarter, as the City does not receive the principal amount until December 15th of the fiscal year. This revenue alone represents 16.65% of the total 2018 adjusted budget for revenues. Furthermore the City’s sales tax revenues are representative of the first two quarters of collections with the third and fourth quarters recorded in the final three months of the fiscal year. Revenues from real property taxes totaled $22,465,421 as of September 30th of the current fiscal year, amounting to 94.20% of the total 2018 revenue required from property taxes. Total revenues have decreased from 2017 entirely due to the collection rate decreasing from 2017. In the first nine months of 2017 the City had collected 96.80% of the total revenue required. The City Comptroller’s Office has been and will continue to monitor 2018 property tax collections closely and will continue to mail delinquent letters to unpaid property tax property owners. Local source revenues have increased by 6.93% from the nine month total of 2017, with the 2018 total equaling $10,919,742. The primary source of revenue within this category is sales tax which has increased by approximately $500,000. As noted above there is a significant seasonality impact for sales tax where only the first two quarters have been received and recognized as of September 30th; therefore, this is why only 57.27% of the total 2018 budgeted revenues have been recognized. The increase from 2017 to 2018 in revenues pertaining to General Governmental Support relate to the timing of collection of Host Agreement payments made to the City. These agreements derive from PILOT agreements made with the City of Troy IDA. Public safety revenues were $728,006 as of September 30th, far exceeding the amount budgeted for in 2018. The cause for this, along with the significant increase from the nine month total of 2017, is due to the increase in vacant building fees along with increased collections in both current year billing and payment through relevied fees. Recreation revenues totaled $670,482 at the end of the 2018 third quarter, which is only 55.55% of the total 2018 adjusted budget. Revenues have also decreased by $213,810 in comparison to the nine month total of 2017. The primary cause for the decrease and lack of revenues in 2018 is attributed to the closure of the Knickerbacker Ice Rink due to mechanical failures that have been discussed throughout the fiscal year. Revenues from Home & Community Services are made up of collection of garbage fee payments received in the current fiscal year. As of September 30 the City had received $1,907,382 in garbage fee payments, which is approximately $900,000 less than the amount budgeted for. Similar to property tax collection the City Comptroller’s Office has and will continue to monitor collections closely and will also continue to mail out delinquent letters. The decrease of revenues in the Licenses & Permits category from 2017 to 2018derives from a decrease in revenue from Building Permits with revenue in this category totaling $460,817 as of September 30, 2018. Federal and State Aid revenues are significantly under budget for the 2018 fiscal year because of the seasonality impact described above. Federal Aid represents grant reimbursements that are generally submitted in the fourth quarter of the fiscal year. State Aid primarily comes from revenue sharing from New York State that is received on December 15th of the fiscal year. 2018 General Fund Third Quarter Report – Page 2 Part II – Expenditures General Fund Expenditures Expenditure 09/30/2018 09/30/2017 $ Change % Change 2018 Actual 2018 Budget $ Rem % Expended Code 1 - Salaries Permanent Salaries 17,067,179 16,505,718 561,462 3.40% 17,067,179 23,756,471 6,689,292 71.84% Temporary Salaries 354,342 311,934 42,408 13.60% 354,342 601,374 247,032 58.92% Overtime 161,136 107,823 53,312 49.44% 161,136 236,170 75,034 68.23% Overtime - Snow Plowing 151,726 133,124 18,602 13.97% 151,726 155,000 3,274 97.89% Overtime - Police 620,798 447,444 173,354 38.74% 620,798 850,000 229,202 73.04% Overtime - Fire 692,929 802,657 (109,728) -13.67% 692,929 1,145,000 452,071 60.52% Overtime - Public Safety Grants 28,652 311,243 (282,591) -90.79% 28,652 139,306 110,654 20.57% Misc. Other 701,700 633,967 67,733 10.68% 701,700 2,385,675 1,683,975 29.41% Total Code 1 19,778,462 19,253,910 524,552 2.72% 19,778,462 29,268,996 9,490,534 67.57% Code 2 - Equipment 133,161 4,649 128,512 2764.23% 133,161 217,189 84,028 61.31% Code 3 - Materials & Supplies 1,563,827 1,367,926 195,901 14.32% 1,563,827 2,427,236 863,408 64.43% Code 4 - Contractual Services Utilities 1,561,962 1,537,738 24,224 1.58% 1,561,962 2,135,288 573,326 73.15% Postage 15,680 24,363 (8,684) -35.64% 15,680 48,835 33,155 32.11% Printing & Advertising 30,864 33,686 (2,822) -8.38% 30,864 75,343 44,479 40.96% Repairs & Rentals 1,459,522 1,401,873 57,648 4.11% 1,459,522 2,080,903 621,381 70.14% Insurance 323,035 312,022 11,013 3.53% 323,035 332,465 9,430 97.16% Dues 12,297 24,968 (12,672) -50.75% 12,297 33,635 21,338 36.56% Consultant Services 1,329,492 1,288,974 40,518 3.14% 1,329,492 2,331,201 1,001,709 57.03% Training 52,449 87,093 (34,644) -39.78% 52,449 144,380 91,931 36.33% Travel 10,147 4,825 5,322 110.29% 10,147 21,310 11,163 47.62% Judgments & Claims 5,981 75,119 (69,138) -92.04% 5,981 150,000 144,019 3.99% Contingencies 0 0 0 - 0 375,793 375,793 0.00% Uniforms 61,035 70,221 (9,186) -13.08% 61,035 228,606 167,572 26.70% Medical Expenses 29,929 29,022 908 3.13% 29,929 48,000 18,071 62.35% Misc. Other 2,547 8,084 (5,537) -68.49% 2,547 17,500 14,953 14.55% Total Code 4 4,894,938 4,897,988 (3,050) -0.06% 4,894,938 8,023,259 3,128,321 61.01% Code 6/7 - Debt Service 7,639,578 7,285,330 354,248 4.86% 7,639,578 7,670,772 31,194 99.59% Code 8 - Benefits Pension 1,830,220 1,728,563 101,657 5.88% 1,830,220 7,398,940 5,568,720 24.74% Healthcare 9,729,310 9,178,779 550,531 6.00% 9,729,310 14,114,500 4,385,190 68.93% Dental 447,030 435,820 11,210 2.57% 447,030 631,822 184,792 70.75% Social Security 1,443,078 1,415,434 27,644 1.95% 1,443,078 2,229,552 786,474 64.73% Worker's Compensation 245,790 355,991 (110,201) -30.96% 245,790 400,000 154,210 61.45% Total Code 8 13,695,428 13,114,587 580,841 4.43% 13,695,428 24,774,814 11,079,386 55.28% Code 9 - Interfund Transfers 630,852 2,221,942 (1,591,090) -71.61% 630,852 1,739,419 1,108,567 36.27% Grand Total 48,336,247 48,146,332 189,915 0.39% 48,336,247 74,121,686 25,785,439 65.21% The nine month total for expenditures in the General Fund was $48,186,247 which amounts to 65.01% of the total 2018 adjusted budget. The 2018 total is an increase of 0.08% from the nine month total of 2017, or approximately $39,000. 2018 General Fund Third Quarter Report – Page 3 Salaries for full-time employees were $17,067,179 as of September 30, 2018 which totals 71.84% of the total 2018 adjusted budget. This is an increase of 3.40%, or $561,462 from the nine month total of 2017. The cause for the increase from year to year is due to the number of union contracts that were settled and the increased salaries. In the last twelve months the City has settled outstanding contracts with the PBA, COATS, UPSEU and CSEA that resulted in increased salaries in the 2018 fiscal year. Overtime – Police was $620,798 as of September 30, 2018 which is 73.04% of the total amount budgeted for in the 2018 fiscal year. The actual 2018 nine month amount has increased by 38.74%, or $173,000, in comparison to the nine month total of 2017 (which was $447,444). The below line graph shows that the 2018 total is comparable to the overtime totals of 2014, 2015 and 2016. There are two main reasons for the significant increase from 20178 to 2018; with the first reason originating from the number of vacancies in the department in 2018. Every month in 2018 there has been multiple vacancies within the Police Department whereas in 2017 there were minimal vacancies with the first five months having no vacancies. The second cause for this increase is due to the settlement of the PBA and COATS contracts, which resulted in wages that were higher than the previous four years. 700,000 676,186 648,763 620,798 600,000 586,181 500,000 447,444 400,000 2014 2015 2016 2017 2018 Fire overtime, as illustrated in the line graph below, totaled $692,929 at the end of the third quarter in 2018. This total is 60.52% of the total 2018 adjusted budget amount. The total overtime costs have decreased from the nine month total of 2017 by $109,728, which is a percentage decrease of 13.67%. The cause for the decrease is due to a decrease in the number of vacancies when comparing to 2018 to 2017 through the end of September. 1,100,000 1,046,832 1,004,650 975,000 850,000 802,657 725,000 692,929 725,799 600,000 2014 2015 2016 2017 2018 Expenditures for equipment have increased from 2017 for purchases within the Police and Fire Departments that were approved to be spent in 2017 but had purchase orders carryover to 2018. This is a standard accounting procedure for the City and part of the accounting process. Costs relating to the purchase of Materials & Supplies totaled $1,563,827 at the end of the 2018 third quarter, amounting to 64.43% of the total amount budgeted for in the current fiscal year. This is an 2018 General Fund Third Quarter Report – Page 4 increase of 14.32% from the nine month total of 2017. The cause for the increase can be traced to an increase in repair costs for the aging fleet of City vehicles, increased costs for the purchase of salt and increased gasoline costs for City vehicles due to rising industry pricing. Consultant Services expenditures were $1,329,492 as of September 30, 2018, which is 57.03% of the total 2018 adjusted budget within this category. This increase can be directly traced to the increase in the 911 contract that City has with the County. Costs have also decreased due to third party snow removal not being used in the first quarter of 2018 when it was used in 2017. Costs have increased, as discussed with the City Council, within the Corporation Counsel’s office for outside counsel to work on the complex legal cases the City is currently faced with. The total for Debt Service expenditures is representative of the material portion of the payments made for the fiscal year at the end of the third quarter with only the fourth quarter installment purchase debt payments left to be made. Health insurance costs were $9,729,310 as of September 30th, which is 68.93% of the total amount budgeted for in 2018. Costs have increased by $500,531, or 6.00%, from the third quarter total of the 2017 fiscal year. The increase is directly caused by the costs the City has incurred in relation to the self- insured Blue Shield health insurance plan offered to employees and former employees under the age of 65. As has been discussed throughout the year, costs in the first quarter were significantly higher than the prior year; however, costs have stabilized over the course of the year. This is taken with caution however within the City Comptroller’s Office because of the plan is self-insured up to the first $150,000 of expenses for subscribers. This means that the City could still be subjected to high claims through the end of the current fiscal year. The cost increase would be higher if it were not for the change in Medicare Advantage Plans where the City changed the provider to Humana and is seeing a monthly savings of approximately $40,000 from the previous provider. There is a significant decrease in the Interfund Transfer category when comparing the last two fiscal years, with a 2018 total of $630,852; as the decrease amounts to approximately $1,591,000. This decrease is due to a change in accounting practice where in the current year costs are recorded as CHIPS expenses are incurred whereas in the prior years the entire allocation of CHIPS funding had been recorded and then an adjustment made at the end of the year for the actual costs. Part III – Conclusion 2018 2017 Difference Revenues 43,467,035 42,664,084 802,951 Expenditures 48,336,247 48,146,332 189,915 Difference (4,869,212) (5,482,248) 613,036 The nine month totals for the 2018 fiscal year in the General Fund show an improved financial position in comparison to the nine month 2017 totals. It should be noted that the significant “deficit” that is currently shown within the General Fund for the fiscal year is caused by seasonality implications within both revenues and expenditures. As the City moves towards December 31st and then the year-end reconciliation it will become clearer as to if and how much any potential surplus will be within the General Fund. If you have any questions regarding the information provided in this report please do not hesitate to contact me for answers. 2018 General Fund Third Quarter Report – Page 5 Wm. Patrick Madden Andrew Piotrowski Mayor Deputy City Comptroller Monica Kurzejeski Office of the City Comptroller Deputy Mayor City Hall 433 River Street – Suite 5001 Troy, New York 12180-3406 Date: October 31, 2018 To: Honorable Wm. Patrick Madden City Council Members From: Andrew Piotrowski Deputy City Comptroller Re: Third Quarter 2018 Financial Report – Water Fund Part I – Revenues Water Fund Revenues Revenue 09/30/2018 09/30/2017 $ Change % Change 2018 Actual 2018 Budget $ Diff % Achieved City Water Sales 3,198,840 3,089,640 109,200 3.53% 3,198,840 4,650,000 (1,451,160) 68.79% Outside Community Water Sales 3,845,120 4,106,358 (261,237) -6.36% 3,845,120 7,587,000 (3,741,880) 50.68% Unmetered Sales 179,164 165,532 13,632 8.24% 179,164 275,000 (95,836) 65.15% Use Of Money & Property 206,206 189,373 16,833 8.89% 206,206 210,000 (3,794) 98.19% Permits 10,790 11,390 (600) -5.27% 10,790 12,000 (1,210) 89.92% Sale Of Property 13,200 45,089 (31,889) -70.72% 13,200 51,000 (37,800) 25.88% Miscellaneous 87,950 72,077 15,873 22.02% 87,950 91,000 (3,050) 96.65% Interfund Revenues 245,250 245,250 0 0.00% 245,250 327,000 (81,750) 75.00% Appropriated Fund Balance 1,635,000 202,000 1,433,000 709.41% 1,635,000 1,635,000 0 100.00% Total 9,421,521 8,126,710 1,294,811 15.93% 9,421,521 14,838,000 (5,416,479) 63.50% Revenues in the Water Fund totaled $9,421,521 at the end of the third quarter of 2018, representative of 63.50% of the 2018 budgeted total. In comparison to the 2017 third quarter results of $8,126,710, the 2018 results have increased by 15.93%. Water Fund revenues to city residents totaled $3,198,840 at the end of the third quarter in 2018, which is 68.79% of the budgeted total. The actual results have shown an increase from the nine month total of 2017 with a percent increase of 3.53%, or approximately $109,000. The increase is due to an increase in the amount of water consumed within the current fiscal year. Revenue from outside communities decreased by 6.36% from 2017, with a nine month total in 2018 of $3,845,120, or 50.68% of the total amount budgeted. Only fifty percent of the budgeted total has been 2018 Water Fund Third Quarter Report – Page 1 recognized in part because of the billing periods and the number of outside communities that are only billed twice per year. The decrease from year to year in revenues from outside communities has been caused by a decrease in the amount of gallons consumed by three different communities. The Comptroller’s Office monitors these billings closely. The revenues budgeted from Appropriated Fund Balance are primarily for the 2018 Water Fund Capital Plan and is offset by corresponding expenditures within the fund. 2018 Water Fund Third Quarter Report – Page 2 Part II - Expenditures Water Fund Expenditures Expenditure 09/30/2018 09/30/2017 $ Change % Change 2018 Actual 2018 Budget $ Rem % Expended Code 1 - Salaries Permanent Salaries 1,969,958 1,920,011 49,947 2.60% 1,969,958 3,019,034 1,049,076 65.25% Temporary Salaries 0 20,760 (20,760) -100.00% 0 62,500 62,500 0.00% Overtime 139,009 103,456 35,553 34.37% 139,009 205,500 66,491 67.64% Misc Other 10,463 14,868 (4,404) -29.62% 10,463 77,832 67,369 13.44% Total Code 1 2,119,430 2,059,095 60,335 2.93% 2,119,430 3,364,866 1,245,436 62.99% Code 2 - Equipment 2,810 23,630 (20,821) -88.11% 2,810 46,310 43,500 6.07% Code 3 - Materials & Supplies 1,403,208 1,294,971 108,236 8.36% 1,403,208 2,085,779 682,571 67.27% Code 4 - Contractual Services Utilities 256,340 209,841 46,499 22.16% 256,340 408,265 151,925 62.79% Postage 21,619 20,413 1,205 5.90% 21,619 31,500 9,881 68.63% Printing & Advertising 5,232 3,893 1,339 34.39% 5,232 7,000 1,768 74.75% Repairs & Rentals 27,484 52,252 (24,768) -47.40% 27,484 74,000 46,516 37.14% Insurance 61,363 60,333 1,030 1.71% 61,363 67,491 6,128 90.92% Dues 0 363 (363) -100.00% 0 6,000 6,000 0.00% Consultant Services 179,786 78,132 101,654 130.11% 179,786 251,042 71,256 71.62% Training 5,061 3,976 1,085 27.28% 5,061 14,600 9,539 34.66% Travel 355 974 (619) - 355 2,250 1,895 15.78% Uniforms 21,197 21,813 (616) -2.82% 21,197 37,500 16,303 56.53% Misc Other 1,821,801 1,823,426 (1,625) -0.09% 1,821,801 4,517,575 2,695,774 40.33% Total Code 4 2,400,238 2,275,416 124,823 5.49% 2,400,238 5,417,223 3,016,985 44.31% Code 6/7 - Debt Service 299,328 301,329 (2,001) -0.66% 299,328 563,745 264,417 53.10% Code 8 - Benefits Pension 143,969 161,004 (17,034) -10.58% 143,969 558,503 414,534 25.78% Healthcare 671,969 689,042 (17,073) -2.48% 671,969 981,342 309,373 68.47% Dental 33,835 35,093 (1,259) -3.59% 33,835 47,791 13,956 70.80% Social Security 155,760 152,402 3,358 2.20% 155,760 257,298 101,538 60.54% Workers' Compensation 19,953 43,803 (23,850) -54.45% 19,953 28,000 8,047 71.26% Total Code 8 1,025,487 1,081,344 (55,857) -5.17% 1,025,487 1,872,934 847,447 54.75% Code 9 - Interfund Transfers 1,495,000 202,000 1,293,000 640.10% 1,495,000 1,495,000 0 100.00% Grand Total 8,745,500 7,237,785 1,507,715 20.83% 8,745,500 14,845,857 6,100,357 58.91% Expenditures in the Water Fund totaled $8,745,500 as of September 30, 2018, representative of 58.91% of the total amount budgeted in 2018. This 2018 total is an increase of 20.83%, or approximately $1,507,715 from the nine month total of 2017. The primary cause for the increase in operating expenditures from 2017 to 2018 is within the Consultant Services line which increased approximately $101,000. The increase and reason why is that $147,545 has been expended due to the repairs needed for the water main break under the Poestenkill. 2018 Water Fund Third Quarter Report – Page 3 The increase in overtime is caused by the number of water main breaks that have occurred within the first nine months of the 2018 fiscal year and the time needed to make the necessary repairs. The increase in Material & Supplies of 8.36% is attributable to the purchase of supplies within the Transmission department for the repair of broken water mains. The significant increase in Interfund Transfers is for the 2018 Water Capital Plan funding. In reviewing the other expenditures within the Water Fund all activity has marginal increases or remained the same as the first six months of 2017. Part III – Conclusion 2018 2017 Difference Revenues 9,421,521 8,126,710 1,294,811 Expenditures 8,745,500 7,237,785 1,507,715 Difference 676,021 888,925 (212,904) As of September 30, 2018 the Water Fund has a surplus of $676,021 whereas in 2017 the nine month surplus was $888,925. The decrease in current surplus is primarily caused by the decrease in revenues from outside communities. While there is a decrease in current surplus the City Comptroller’s Office is still optimistic that the Water Fund will end the year with a healthy surplus based on historical trends of activity within the final three months of the fiscal year; especially given the number of billings to residents and outside communities that will occur. If you have any questions regarding the information provided in this report please do not hesitate to contact me for answers. 2018 Water Fund Third Quarter Report – Page 4 Wm. Patrick Madden Andrew Piotrowski Mayor Deputy City Comptroller Monica Kurzejeski Office of the City Comptroller Deputy Mayor City Hall 433 River Street – Suite 5001 Troy, New York 12180-3406 Date: October 31, 2018 To: Honorable Wm. Patrick Madden City Council Members From: Andrew Piotrowski Deputy City Comptroller Re: Third Quarter 2018 Financial Report – Sewer Fund Part I – Revenues Sewer Fund Revenues Revenue 09/30/2018 09/30/2017 $ Change % Change 2018 Actual 2018 Budget $ Diff % Achieved Sewer Rents 3,173,528 2,796,798 376,730 13.47% 3,173,528 4,650,000 (1,476,472) 68.25% Sewer Charges 263,043 122,793 140,250 114.22% 263,043 286,852 (23,809) 91.70% Use Of Money & Property 1,044 255 789 310.09% 1,044 500 544 208.75% Miscellaneous 21,737 15,818 5,918 37.42% 21,737 26,600 (4,863) 81.72% Total 3,459,351 2,935,664 523,688 17.84% 3,459,351 4,963,952 (1,504,601) 69.69% Revenues in the Sewer Fund totaled $3,459,351 at the end of the third quarter in 2018, which is 69.69% of the budgeted total. In comparison the 2017 revenues totaled $2,935,664; therefore the revenues in 2018 have increased by 17.84%. The primary source of revenue in the Sewer Fund comes from sewer rents charged to city residents, with revenue from this source totaling $3,173,528 as of September 30th, or 68.25% of the total 2018 budgeted amount. This is an increase of $376,730, or 13.47% from the nine month total of 2017. The cause for the increase is similar to the first and second quarters of 2018 where the city sewer rate was increased in the beginning of 2017; therefore, the entire 2018 fiscal year is based on the new rate of 100% of the city water rate whereas the 2017 revenues were split between the two rates. 2018 Sewer Fund Third Quarter Report – Page 1 Part II – Expenditures Sewer Fund Expenditures Expenditure 09/30/2018 09/30/2017 $ Change % Change 2018 Actual 2018 Budget $ Rem % Expended Code 1 - Salaries Permanent Salaries 514,292 489,198 25,094 5.13% 514,292 813,258 298,966 63.24% Temporary Salaries 17,520 13,560 3,960 29.20% 17,520 32,500 14,980 53.91% Overtime 54,674 46,082 8,591 18.64% 54,674 90,000 35,326 60.75% Misc. Other 4,900 1,538 3,363 218.70% 4,900 17,500 12,600 28.00% Total Code 1 591,386 550,377 41,008 7.45% 591,386 953,258 361,873 62.04% Code 2 - Equipment 0 21,390 (21,390) - 0 33,888 33,888 0.00% Code 3 - Materials & Supplies 90,862 117,835 (26,973) -22.89% 90,862 264,457 173,595 34.36% Code 4 - Contractual Services Utilities 5,303 6,782 (1,479) -21.81% 5,303 15,860 10,557 33.43% Repairs & Rentals 16,867 7,111 9,756 137.19% 16,867 77,058 60,190 21.89% Insurance 15,341 15,083 257 1.71% 15,341 16,623 1,282 92.29% Consultant Services 240,426 31,839 208,588 655.14% 240,426 314,820 74,394 76.37% Training 0 0 0 - 0 10,000 10,000 0.00% Judgments & Claims 0 1,230 (1,230) - 0 50,296 50,296 0.00% Uniforms 4,207 3,075 1,132 36.82% 4,207 8,500 4,293 49.50% Due To Other Funds 359,499 359,499 0 0.00% 359,499 479,332 119,833 75.00% Total Code 4 641,643 424,619 217,024 51.11% 641,643 972,489 330,846 65.98% Code 6/7 - Debt Service 62,764 62,086 678 1.09% 0 74,763 74,763 0.00% Code 8 - Benefits Pension 40,159 45,303 (5,144) -11.35% 40,159 155,791 115,632 25.78% Healthcare 196,509 225,048 (28,539) -12.68% 196,509 286,981 90,472 68.47% Dental 10,346 11,115 (768) -6.91% 10,346 14,614 4,268 70.80% Social Security 43,712 40,922 2,790 6.82% 43,712 72,924 29,212 59.94% Worker's Compensation 31,383 29,716 1,667 5.61% 31,383 60,000 28,617 52.30% Total Code 8 322,109 352,104 (29,995) -8.52% 322,109 590,310 268,201 54.57% Code 9 - Interfund Transfers 0 0 0 - 0 2,142,863 2,142,863 0.00% Grand Total 1,708,764 1,528,410 180,353 11.80% 1,646,000 5,032,028 3,386,028 32.71% Sewer Fund expenditures totaled $1,708,764 at the end of the third quarter in the 2018 fiscal year, which is 32.71% of the total fund budget. Costs have increased by $180,353 in comparison to the same time period of 2017, which is a percent increase of 11.80%. There have been two areas that have increased significantly in the 2018 fiscal year when comparing the nine months totals to the three quarter result of 2017. The first increase is Permanent Salaries in the Sewer Fund which is primarily caused by the wage increase included in the settlement of the outstanding CSEA union contract. The second increase is within Consultant Services which totaled $240,426 in 2018. This is from the costs to install two new pumping stations in the 2018 fiscal year. 2018 Sewer Fund Third Quarter Report – Page 2 The Interfund Transfer category is the largest expense in the Sewer Fund which is the transfer to the Capital Projects Fund for the Combined Sewer Overflow (CSO) Project. This amount will be recorded in the fourth quarter of the fiscal year. Part III – Conclusion 2018 2017 Difference Revenues 3,459,351 2,935,664 523,687 Expenditures 1,708,764 1,528,410 180,354 Difference 1,750,587 1,407,254 343,333 The Sewer Fund has a surplus of $1,750,587 as of September 30th, an increase of approximately $340,000 from 2017. The cause of this increase is attributable to the increase in sewer rents to city residents and the rate increase passed in 2017. It is important to note that the Sewer Fund will show a surplus throughout the fiscal year because the transfer to the Capital Projects Fund will not occur until the 2018 year-end reconciliation. If you have any questions regarding the information provided in this report please do not hesitate to contact me for answers. 2018 Sewer Fund Third Quarter Report – Page 3 Ord#115 ORDINANCE AUTHORIZING SETTLEMENT OF CLAIM, TO WIT: BTP MONUMENT SQUARE, LLC, PLAINTIFF, vs. CITY OF TROY, NEW YORK, DEFENDANT RENSSELAER COUNTY SUPREME COURT INDEX NO. 257923-17 The City of Troy, in City Council, convened, ordains as follows: Section 1. The above named plaintiff commenced an action in Rensselaer County Supreme Court against the City of Troy, New York, alleging that the City breached its Land Development Agreement with License and Exclusive Option, dated July 25, 2017, with the plaintiff regarding the construction of the Bow Tie Theaters in the Monument Square Project site. Section 2. The Mayor of the City of Troy, New York is hereby authorized to settle the above litigation in a manner that conforms in all material respects with and in the amounts identified in the attached Settlement Agreement in full satisfaction of the plaintiff’s claim. A signed Stipulation of Discontinuance shall be obtained dismissing this action, with prejudice. Section 3. The Comptroller is authorized and directed to make, issue, and countersign the required draft as outlined in the Settlement Agreement, said sums to be payable out of the Trust Agency Account and the Capital Account. Section 4. This Ordinance shall take effect immediately. Approved as to form, October , 2018 ___________________________________ James A. Caruso, Esq., Corporation Counsel Ord#115 MEMORANDUM IN SUPPORT On or about September 26, 2017, Plaintiff and the City of Troy entered into a Land Development Agreement with License and Exclusive Option (hereinafter “Land Development Agreement”), dated July 25, 2017, relative to the construction of Bow Tie Cinemas movie theaters at the Monument Square Project site in Troy, New York. Upon entering into said Land Development Agreement, the plaintiff paid the City of Troy the sum of $60,000.00 as and for an initial payment and/or deposit. Subsequently, as a result of repeated litigation commenced by an entity known as 251 River Street, LLC and 225 River Street, LLC, the plaintiff, on or about September 26, 2017, provided a Termination Notice to the City of Troy and terminated the subject Land Development Agreement. On or about November 15, 2017, the plaintiff commenced the instant action against the City of Troy, based upon a breach of contract claim, and demanded damages in the amount of $246,065.79, together with interest from July 25, 2017, plus the costs and disbursements of this action, as well as its attorney’s fees incurred therein. Settlement negotiations ensued and a tentative agreement resolving this controversy was reached. The litigation is being settled for a total of 71,000.00 in full satisfaction of all of the plaintiff’s claims. It is very important to note that $60,000.00 of those monies represent the plaintiff’s initial payment and/or deposit and that the remaining $11,000.00 of the settlement amount represent the cost of certain geotechnical reports that were prepared relative to the Monument Square Project site and, thus, are useful to any future construction projects at that site. Those reports will be provided to the City of Troy upon payment of the settlement amount in full. The Settlement Agreement provides that this case will be discontinued in its entirety with prejudice. As with any litigation that actually goes to trial, there is the possibility of a finding of liability against the City of Troy for some, or all, of the damages sought by the plaintiff. Obviously, settlement controls that liability. The recommendation to settle is strictly a practical business decision taken in full consideration of the available defenses to the claim and to avoid the potential for a significantly higher award of damages plus substantial interest, as well as to avoid the expenditure of further attorney’s fees and costs incurred in preparing for and actually going to trial in this lawsuit. ORD#116 ORDINANCE APPROVING SETTLEMENT OF TAX CERTIORARI PROCEEDINGS INSTITUTED BY ESTATE OF ROLAND F. KIMLIN ON THE ASSESSMENT ROLL OF THE CITY OF TROY The City of Troy, in City Council, convened, ordains as follows: Section 1. The Corporation Counsel of the City of Troy is hereby authorized to compromise and settle tax certiorari proceeding instituted by the following taxpayer as provided in certain stipulation on file with the office of the Corporation Counsel: PROPERTY OWNER PARCEL NO. ADDRESS Estate of Roland F. Kimlin 112.58-2-1 460 Pawling Ave. Section 2. The Corporation Counsel of the City of Troy is hereby authorized to execute the necessary stipulations for the settlement of the proceedings and the Orders based on said stipulations shall authorize the City Treasurer of the City of Troy to revise the 2017 assessment roll to reflect said changes. Section 3. Upon receipt by the City Treasurer and the City Comptroller of the executed Stipulations and Orders, said tax rolls shall be adjusted accordingly, and the necessary refunds will be made to the property owner, if applicable. Section 4. This Ordinance shall take effect immediately. Approved as to form, _______________________________ James A. Caruso, Corporation Counsel ORD#116 MEMORANDUM IN SUPPORT TAXPAYER: Estate of Roland F. Kimlin PROPERTY 112.58-2-1 460 Pawling Avenue ATTORNEY: R. Christopher Dempf, Tobin & Dempf, Albany The City Council approved settlement of this proceeding in May 2018. Under the terms of the approved settlement, the $329,000 assessment would be reduced to $250,000, with refunds waived from the City. Following the Council approval, proposed settlement documents were provided to Petitioner’s attorney Christopher Dempf, who advised that he did not have the necessary testamentary letters from the estate to sign the settlement papers. In addition, he said he did not agree to waiving refunds from the City, which was discussed during the conference with Judge McNally when the terms were reviewed. As a result, the City pulled the settlement and requested a trial date, which was set for October 24, 2018. At a pretrial conference with Judge McNally on October 10, 2018, these issues were discussed, and Judge McNally recommended a settlement in which the assessment would be reduced to $225,000 with refunds waived from the City. The trial was adjourned, and a conference is scheduled for November 14, 2018. The parcel consists of a 4,269 square foot single family home with four bedrooms and 2.5 bathrooms on a half acre lot. The property was built in 1880. After the property was sold by the Estate of Roland Kimlin, the purchaser engaged in significant construction at the house. The purchaser filed a grievance with the Board of Assessment Review, and the 2017 assessment was reduced to $253,000, which was the amount of an appraisal prepared by the estate. The tax impact of the previous settlement is as follows: Revised Assessed Assessed Total Tax City Value Value refund/impact Impact $329,000 $250,000 $ 3,431.76 $1,092.57 Under the terms of the revised settlement, in which refunds are waived from the City, the impact is as follows: Assessed Revised Total City Value Value Refund/Liability Liability $329,000 $225,000 $4,493.84 $1,438.32 ORD#117 ORDINANCE APPROVING SETTLEMENT OF TAX CERTIORARI PROCEEDINGS INSTITUTED BY 251 RIVER STREET 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 251 River Street LLC 101.45-5-4.2 251 River Stret Section 2. The Corporation Counsel of the City of Troy is hereby authorized to execute the necessary stipulations for the settlement of the proceedings and the Orders based on said stipulations shall authorize the City Treasurer of the City of Troy to revise the 2017 and 2018 assessment rolls to reflect said changes. Section 3. Upon receipt by the City Treasurer and the City Comptroller of the executed Stipulations and Orders, said tax rolls shall be adjusted accordingly, and the necessary refunds will be made to the property owner, if applicable. Section 4. This Ordinance shall take effect immediately. Approved as to form, _______________________________ James A. Caruso, Corporation Counsel ORD#117 MEMORANDUM IN SUPPORT TAXPAYER: 251 River Street LLC PROPERTY 101.45-5-4.2 251 River Street ATTORNEY: Paul Goldman, Esq., Albany The parcel, formerly known as the Burdett Building, consists of a 35,712 square foot office and apartment building The building was in average condition and was 44 percent vacant in 2017. Appraisal reports have been filed and exchanged, and a trial is scheduled for November 7, 2018. The subject property is assessed for $1,850,000. The City’s appraisal was prepared by Empire State Appraisal Consultants and concluded a value of $1,200,000 for the 2017 and 2018 tax years. Petitioner’s appraisal was prepared by DeL Palmer and Associates and concluded a $950,000 value for 2017 and 2018. After protracted negotiations at a settlement conference with Judge Zwack on October 18, 2018, the following proposal was made: The 2017 assessment would be reduced to the City’s value of $1,200,000 and the refund from the City for that year would be waived. The 2018 assessment would be reduced to $1,000,000. If the settlement is approved and the Court issues a settlement order prior to the end of the year, there would be no refund from the City; the reduction would be reflected in the revised tax bill in January 2019. The tax impact of the settlement is as follows: Assessed Revised Total City Value Value Refund/Liability Liability 2017 $1,850,000 $1,200,000 $28,236.00 $9,074.00 2018 $1,850,000 $1,000,000 $36,924.00 $11,866.00 ORD#118 ORDINANCE AUTHORIZING SETTLEMENT OF CLAIM, TO WIT: WILLIAM RIGNEY AND PHYLLIS RIGNEY, PLAINTIFFS vs. CITY OF TROY, NEW YORK, DEFENDANT RENSSELAER COUNTY SUPREME COURT INDEX NO. 257887 The City of Troy, in City Council, convened, ordains as follows: Section 1. The above named plaintiffs allege that they were both injured when they were struck by falling tree branches at a concert held at Powers Park on August 13, 2016. They commenced an action in Rensselaer County Supreme Court against the City of Troy, alleging among other things that the City breached its duty to maintain its park facilities in a reasonably safe condition for the general public to use. Section 2. The Corporation Counsel is authorized to settle the above litigation in a manner that conforms in all material respects with and in the amount identified in the attached draft of the General Release with Indemnification and Confidentiality Provisions. The Corporation Counsel shall obtain a signed Stipulation of Discontinuance and General Release with Indemnification and Confidentiality Provisions in full satisfaction of the claims prior to payment. Section 3. The Comptroller is authorized and directed to make, issue and countersign the required drafts as outlined in the Settlement Documents, said sums to be payable out of the Judgments and Claims Account. Section 4. This Ordinance shall take effect immediately. Approved as to form, __________________________ ___________________________________ James A. Caruso, Corporation Counsel ORD#118 MEMORANDUM IN SUPPORT Plaintiffs William Rigney and Phyllis Rigney commenced this action against the City of Troy on November 9, 2017, by filing a summons and complaint in Rensselaer County Supreme Court. Plaintiffs allege that that they were both injured when they were struck by falling tree branches at a concert held at Powers Park on August 13, 2016. Among other things, they allege that the City breached its duty to maintain its park facilities in a reasonably safe condition for the general public to use, and breached its duty to warn the public of a hazardous condition, namely, numerous dead tree branches overhanging the area where spectators were sitting. Plaintiffs further allege that they were both rendered unconscious by the limbs that struck them. Immediately after the incident, they were transported to hospital and treated for concussions. Each claims a number of further consequential injuries. Most discovery in this case has been completed. Settlement is advisable as a practical business decision. Summary judgment favorable to the City appears unlikely. There is a substantial question of the duty owed to the public in this case and whether the City should have known of the hazard posed by the dead tree limbs, especially when it appears the City was aware that thunderstorms had been predicted in the area for the time of the concert. The evidence of the plaintiffs’ consequential damages is not overwhelming but the proof that they were both struck and required emergency medical care is compelling. Given that there are two plaintiffs and each has a separate independent claim for damages, the total amount of the settlement is reasonable. Also, the settlement preserves the City’s broad prior notice law intact to be tested in a more substantial case and hopefully under more favorable facts. If a jury were to find liability in this case, the City would lose control of the amount of compensatory damages to be awarded, and could find itself saddled with a substantial and disproportionate liability. Under the terms of the proposed Stipulation of Discontinuance and General Release with Indemnification and Confidentiality Provisions, Plaintiffs will discontinue this action with prejudice. In return, the City shall pay them a total of $9,600.00 in full satisfaction of all of their claims. The settlement will be absolute and final, encompassing all claims the plaintiffs have or may have against the City up to the date of the Release. There will be no admission of liability or fault on the part of the City. Each party will be responsible for its own costs and attorney’s fees. The plaintiffs will hold the City harmless for any and all liens and not discuss the settlement except as legally required. The case will be discontinued in its entirety with prejudice. The decision to settle is strictly a business decision taken for legal and economic reasons, including the potential for a disproportionate award of damages, as well as the costs of further litigation and trial. The effectiveness of the proposed Stipulation of Discontinuance and General Release with Indemnification and Confidentiality Provisions are conditioned upon approval of the settlement by both the City Council and the Mayor. If the terms of the settlement are not fully executed, then this case will be set down for further discovery and trial. ORD#120 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: November 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 October 24, 2018 James A. Caruso, Corporation Counsel Schedule A ORD#120 November 2018 Budget Transfers – Water Fund Original Change Revised Department Account No. Description Budget* (+/-) Budget DPU Administration F.8310.0413.0046.0000 Taxes On Property - Other Governments 715,366.00 (75,000.00) 640,366.00 DPU Purification F.8330.0203.0000.0000 Other Equipment 23,000.00 (23,000.00) 0.00 DPU Garage F.1640.0304.0056.0000 Vehicle Expense - Gas 175,000.00 20,000.00 195,000.00 DPU Garage F.1640.0304.0057.0000 Vehicle Expense - Parts 160,000.00 45,000.00 205,000.00 DPU Administration F.8310.0409.0000.0000 Consultant Services 25,000.00 6,000.00 31,000.00 DPU Purification F.8330.0303.0000.0000 Other Material & Supplies 897,094.00 27,000.00 924,094.00 Net Impact On Water Fund 0.00 * Or as previously amended ORD#120 THE CITY OF TROY INTER-OFFICE MEMORANDUM To: Andrew Piotrowski, Deputy Comptroller From: Chris Wheland, Superintendent of Public Utilities Subject: November 2018 Water Transfers Date: October 22, 2018 There are some transfers required for the November 2018 council meeting. These are to cover current expenses and in anticipation of future expenditures. All transfers associated with the Garage are for associated Parts, Supplies, and Gas and Oil. These transfers are anticipated to carry the department through the end of the year dependent on weather and emergencies. The transfer into Consultant Services of Administration is to purchase computer software service contracts for the Water Treatment Plants Supervisory Control and Data Acquisition (SCADA) system. This is the main control system for the Water Plant that was recently updated, but service contracts are required. Purification had two transfers in October, one transfer into other equipment that was to purchase handheld radio systems for the Water Treatment Plant. This is to encourage easier communication and provide for safety during lone worker projects. Rather than using the other equipment line it is required to use the other material and supplies line. So the other equipment budget line is requested to be transferred into other materials and supplies line. There is also a need to increase the other materials and supplies line slightly for chemicals, which was the second transfer in September. If you have other questions please let me know. Cc: Patrick Madden, Mayor Monica Kurzejeski, Deputy Mayor ORD#121 ORDINANCE AMENDING 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: November 2018 Budget Amendments – General Fund which is attached hereto and made a part hereof Section 2. This act will take effect immediately. Approved as to form October 24, 2018 James A. Caruso, Corporation Counsel ORD#121 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 amends the 2018 General Fund Budget for the following reasons. Please note that the number indicated below references to the name as indicated in the “Reference” column on the Schedule attached hereto. 1. An amendment to six (6) General Fund revenue accounts to better reflect the anticipated actual revenues in the 2018 fiscal year. 2. Additional funding as requested by a member of the City Council for additional monies for Temporary Salaries within the City Clerk’s department budget. 3. Additional funding for snow plowing overtime in anticipation of potential winter storms before December 31, 2018. 4. Additional funding for the various accounts at Frear Park Golf Course. 5. A transfer between like health insurance accounts for the correct allocation of plan enrollment. 6. Additional funding for DPW Admin specifically for the purchase of new garbage cans and recycling bins. 7. Additional funding for repairs needed at City facilities. 8. Additional funding for overtime in the DPW Garage and office supplies 9. Additional funding for Police Department utilities. 10. Additional funding for utilities for traffic signals within DPW Traffic. 11. Additional funding for DPW Streets, primarily for the utility cost of street lights. 12. Additional funding for overtime in Recreation Admin. The account was never adjusted for correctly when departments were reallocated in the 2018 fiscal year. 13. Additional funding for various accounts within the Fire Department 14. A transfer from the Contingency account to fund the above budget amendments. Schedule A ORD#121 November 2018 Budget Amendments – General Fund Original Change Revised Department Account No. Description Budget* (+/-) Budget Reference Revenues Local Sources A.1490.0303.0000.0000 Sales Tax 15,750,000.00 250,000.00 16,000,000.00 1 Miscellaneous A.1000.2709.0000.0000 Employee Contribution To Health Insurance 885,000.00 75,000.00 960,000.00 1 Fines & Forfeitures A.3000.2610.0421.0000 Parking Fines 400,000.00 175,000.00 575,000.00 1 Public Safety A.3000.1589.0400.0000 Vacant Building Fees 450,000.00 230,000.00 680,000.00 1 Licenses & Permits A.3000.2555.0000.0000 Building Permits 950,000.00 (300,000.00) 650,000.00 1 Recreation A.7000.2065.0402.0000 Skating Rink Fees 275,000.00 (247,000.00) 28,000.00 1 Expenditures City Council A.1010.0203.0000.0000 Other Equipment 3,607.93 (500.00) 3,107.93 2 City Council A.1010.0301.0000.0000 Office Supplies 800.00 (300.00) 500.00 2 City Council A.1010.0303.0000.0000 Other Material & Supplies 900.00 (400.00) 500.00 2 City Council A.1010.0402.0000.0000 Postage 500.00 (465.00) 35.00 2 City Council A.1010.0403.0000.0000 Printing & Advertising 1,000.00 (400.00) 600.00 2 City Council A.1010.0410.0000.0000 Training 300.00 (300.00) 0.00 2 City Clerk A.1410.0102.0000.0000 Temporary Salaries 20,073.85 2,365.00 22,438.85 2 DPW Snow Plowing A.5142.0103.0000.0000 Overtime 155,000.00 25,000.00 180,000.00 3 DPW Snow Plowing A.5142.0806.0000.0000 Social Security 11,475.00 1,913.00 13,388.00 3 Recreation Golf A.7180.0102.0000.0000 Temporary Salaries 145,000.00 15,000.00 160,000.00 4 Recreation Golf A.7180.0103.0000.0000 Overtime 42,132.00 2,000.00 44,132.00 4 Recreation Golf A.7180.0304.2420.0000 Other Material & Supplies - Golf Course 100,125.00 10,000.00 110,125.00 4 Recreation Golf A.7180.0304.2430.0000 Other Material & Supplies - Pro Shop 6,000.00 (900.00) 5,100.00 4 Recreation Golf A.7180.0404.0068.0000 Repairs - Equipment 38,525.00 1,500.00 40,025.00 4 Recreation Golf A.7180.0806.0000.0000 Social Security 30,875.00 1,301.00 32,176.00 4 Police A.3120.0805.0029.0000 Health Insurance - CDPHP 46,950.00 38,500.00 85,450.00 5 Retiree Health Insurance A.9060.0805.0029.0000 Health Insurance - CDPHP 126,764.00 (38,500.00) 88,264.00 5 DPW Admin A.1490.0301.0000.0000 Office Supplies 500.00 100.00 600.00 6 DPW Admin A.1490.0303.0000.0000 Other Material & Supplies 39,714.00 25,000.00 64,714.00 6 DPW Facilities A.1620.0303.0000.0000 Other Material & Supplies 51,862.00 (800.00) 51,062.00 7 DPW Facilities A.1620.0404.0068.0000 Repairs - Equipment 52,179.00 6,000.00 58,179.00 7 DPW Garage A.1640.0103.0000.0000 Overtime 11,200.00 4,000.00 15,200.00 8 DPW Garage A.1640.0301.0000.0000 Office Supplies 500.00 150.00 650.00 8 DPW Garage A.1640.0806.0000.0000 Social Security 28,916.00 306.00 29,222.00 8 Police A.3120.0401.0054.0000 Utilities - Gas & Electric 97,250.00 15,000.00 112,250.00 9 Police A.3120.0401.0055.0000 Utilities - Water 2,500.00 250.00 2,750.00 9 DPW Traffic A.3310.0401.0072.0000 Utilities - Traffic Signals 75,000.00 20,000.00 95,000.00 10 DPW Streets A.5110.0102.0000.0000 Temporary Salaries 28,000.00 18,000.00 46,000.00 11 DPW Streets A.5110.0401.0074.0000 Utilities - Street Lights 1,253,500.00 200,000.00 1,453,500.00 11 DPW Streets A.5110.0806.0000.0000 Social Security 81,099.00 1,377.00 82,476.00 11 Recreation Admin A.7020.0103.0000.0000 Overtime 0.00 5,000.00 5,000.00 12 Recreation Admin A.7020.0806.0000.0000 Social Security 7,115.00 383.00 7,498.00 12 Fire Department A.3410.0103.0000.0000 Overtime 800,000.00 (68,500.00) 731,500.00 13 Fire Department A.3410.0113.0000.0000 Out Of Grade Pay 25,000.00 25,000.00 50,000.00 13 Fire Department A.3410.0303.0000.0000 Other Material & Supplies 130,135.00 10,000.00 140,135.00 13 Fire Department A.3410.0304.0058.0000 Vehicle Expense - Repairs 98,000.00 15,000.00 113,000.00 13 Fire Department A.3410.0401.0055.0000 Utilities - Water 7,500.00 3,500.00 11,000.00 13 Fire Department A.3410.0410.0000.0000 Training 31,000.00 15,000.00 46,000.00 13 Contingency A.1990.0418.0000.0000 Contingency 368,793.00 (167,580.00) 201,213.00 14 Net Impact On General Fund 0.00 * Or as previously amended ORD#122 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: November 2018 Budget Amendments – Land Bank Demolitions which is attached hereto and made a part hereof Section 2. This act will take effect immediately. Approved as to form October 24, 2018 James A. Caruso, Corporation Counsel ORD#122 MEMO IN SUPPORT This ordinance establishes the accounting records for the demolition of properties that will be reimbursed by the City. The amount established is pursuant to the actual bid results for the demoltions. Schedule A ORD#122 November 2018 Budget Amendments – Land Bank Demolitions Original Change Revised Department Account No. Description Budget* (+/-) Budget Revenues Gifts & Donations CD.1000.2705.8000.8315 Gifts & Donations 500,000.00 189,000.00 689,000.00 Expenditures Building Demolitions CD.2018.0200.8000.8315 Building Demolitions 0.00 189,000.00 189,000.00 Net Impact On Special Grants Fund 0.00 * Or as previously amended Ord. 123 ORDINANCE TO AUTHORIZE THE CITY COMPTROLLER, OR IN ABSENCE OF ONE THE DEPUTY CITY COMPTROLLER TO WAIVE THE INTEREST ON A BILL FOR SERVICES WHEREAS, The City Council adopted an amendment to the Code of the City of Troy, Article III chapter 247 Section 8 on June 7, 2018. Article III. Municipal Collection §247-8. Public Services L. Late Payment Interest Charges. A monthly interest charge of three (3) percent shall be added to any delinquent installment. The City Comptroller, or in absence of one the Deputy City Comptroller, shall have the authority to not charge interest in a given month for extenuating circumstances. The interest will not be charged in entirety and shall not be eligible for individual accounts. No interest shall be charged for the month of May 2018. WHEREAS, the City Council in adopting this amendment eliminates the authority of the City Comptroller, or in the absence of one the Deputy City Comptroller, the ability to waive interest. WHEREAS, a property owner is seeking relief from interest from a bill due to a delay in processing an exemption request form determining a reduction in units from the property. WHEREAS, the City Council hereby authorizes the City Comptroller, or in absence of one the Deputy City Comptroller, to waive the interest from the bill specific to the collection of solid waste for this property. This act shall take effect immediately. Approved as to form, November 1, 2018 ________________________________________ James Caruso, Esq., Corporation Counsel Ord. 123 MEMO IN SUPPORT The property owner applied for an exemption for the property. The process was delayed and notification wasn’t given until after the due date of the bill. Notice of the concern was sent to the city past the deadline and there was miscommunication that the Mayor or the Deputy Mayor had the authority to waive the interest. 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: November 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 November 1, 2018 James A. Caruso, Corporation Counsel Memo In Support This ordinance reallocates funds within the HOME project accounts as requested by the department. Schedule A November 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 Home CD.2018.0400.5000.5175 HIP 227,918.32 (27,918.32) 200,000.00 Home CD.2018.0400.5000.5179 CDDO 200,000.00 27,918.32 227,918.32 Net Impact On Special Grants Fund 0.00 * Or as previously amended RES#108 RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT WITH 3t ARCHITECTS FOR DESIGN SERVICES, CONSTRUCTION DOCUMENTS AND CONSTRUCTION ADMINISTRATION FOR THE RIVERFRONT ACCESS AND IMPROVEMENTS GRANT WHEREAS, the City solicited proposals from qualified vendors to prepare a design for the Riverfront Park Access Improvements and connections grant from New York State Department of State, and received seven responses; and WHEREAS, 3t architects, Inc. submitted a proposal in response; and WHEREAS, 3t architects was selected by the review committee based upon an evaluation of experience in similar urban waterfront projects, staffing and price as the most qualified bidder; NOW THEREFORE BE IT RESOLVED, that the City Council hereby authorizes the Mayor to execute a contract with 3t architects as attached hereto and made a part hereof. Approved as to form, November 1, 2018 ______________________________________ James P. Caruso Esq., Corporation Counsel RES#108 Steven Strichman Patrick Madden Commissioner Mayor Department of Planning and Economic Development To: City Council From: Steven Strichman Date: October 19, 2018 Re: C1000264 Riverfront Access and Improvement Grant – hire consultant The Riverfront Access and Improvements grant went to contract with NYS in 2013 and an RFP was issued in July of that year. The $562,803 grant is for the design and construction of the riverfront trail/esplanade that connects Riverfront Park to the Hedley Parking lot, along the river, under the GIB, and behind Ryan’s and Browns. At the area of the Dinosaur Grill, the trail runs on the east/parking lot side of the restaurant. With the seawall now nearing completion, it is time to finish the design and issue a construction RFP that allows for construction in the summer of 2018. In reporting to the Department of State on this grant which has been delayed by seawall construction, they have asked for an attestation that we followed our procurement guidelines. The City followed the RFP and review steps, however I am unable to find a resolution from the Council authorizing the Mayor to enter into an agreement with the selected consultant 3t architects to perform the design work. I have been unable to find such resolution or any reference to this item in the minutes. A contract was executed in January of 2014 and work has been performed. A tally sheet of the RFP respondents is attached showing the three highest reviewed consultants. Of note, the City Council authorized bonding for this project by resolution 2014-22. In order to be in compliance with our procurement guidelines for professional services, a City Council resolution authorizing this contract is needed, and I recommend in support. City Hall – 433 River Street, Suite 5001, Troy New York 12180 (518) 279-7166 Steven.Strichman@troyny.gov RES#108 RES#108 RES#108 RES#108 RES#108 RES#108 RES#108 RES#109 Resolution Appointing Additional Members to the Special Committee on the Creation of a Dog Park WHEREAS, the Troy City Charter Section C-12 authorizes the City Council to appoint a special committee; and, WHEREAS, it is in the public interest to explore the need and/or viability of a Dog Park within the City of Troy; NOW, THEREFORE, BE IT RESOLVED, that the City Council hereby appoints the following to the special committee: Steve Strichman, Planning & Economic Development Commissioner Chuck Wojton, General Services Commissioner James Rath, Assistant Planner Michele Heyward Cooper, City of Troy Resident Jason Fenton, Collar City Canines and City of Troy Resident Sara McDermott, City of Troy Resident Laura Rabinow, City of Troy Resident Ann Parsons Jim Gulli, Council Member TJ Kennedy, Council Member Christine Nealon, TRIP BE IT FURTHER RESOLVED, that the committee shall review all reasonable options while considering the creation of a Dog Park, including but not limited to: Location Recommendations, Development, Maintenance, Ongoing Maintenance, Management, Public Input and Next Steps; and, BE IT FURTHER RESOLVED, the committee shall issue a report to the City Council President and City Council regarding the most effective options for establishing a Dog Park no later than December 31, 2018. Approved as to form, _________________ ________________________________ James A. Caruso Res#110 RESOLUTION CONFIRMING HEIDI KATHERINE KNOBLAUCH’S APPOINTMENT AS CHAIRPERSON OF THE TROY INDUSTRIAL DEVELOPMENT AUTHORITY (TROY IDA) WHEREAS, Chapter 43 –A of the Consolidated Laws of the State of New York, “Public Authorities Law”, created and established the Troy Industrial Development Authority, hereinafter, “the Troy IDA”; and, WHEREAS, the Troy IDA consists of a Chairperson and eight other members, all of whom are appointed by the Mayor of the City, subject to confirmation by the City Council, for a term of three (3) years, and shall include: two (2) members of the City Council of the City of Troy; one (1) representative of the school board; and one representative from each of the fields of business, industry and labor; and, WHEREAS, a vacancy will exist on the Troy IDA, by virtue of the resignation of the current Chairperson, Kevin O’Bryan; NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Troy hereby confirms the appointment of Heidi Katherine Knobluach as the Chairperson of the Troy IDA for a three year term commencing January 1, 2019. Approved as to form, October 26, 2018 _____________________________________ James A. Caruso, Corporation Council RES#110 RES#110 RES #111 RESOLUTION CONFIRMING ELBERT L. WATSON’S APPOINTMENT AS A MEMBER OF THE TROY INDUSTRIAL DEVELOPMENT AUTHORITY (TROY IDA) WHEREAS, Chapter 43 –A of the Consolidated Laws of the State of New York, “Public Authorities Law”, created and established the Troy Industrial Development Authority, hereinafter, “the Troy IDA”; and, WHEREAS, the Troy IDA consists of a Chairperson and eight other members, all of whom are appointed by the Mayor of the City, subject to confirmation by the City Council, for a term of three (3) years, and shall include: two (2) members of the City Council of the City of Troy; one (1) representative of the school board; and one representative from each of the fields of business, industry and labor; and, WHEREAS, a vacancy will exist on the Troy IDA, by virtue of the resignation of member Brian Carroll; NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Troy hereby confirms the appointment of Elbert L. Watson as a Board Member of the Troy IDA for a three year term commencing January 1, 2019. Approved as to form, October _______, 2018 _____________________________________ James A. Caruso, Corporation Council RES#111 RES#111

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