City Council

TROY CITY COUNCIL FINANCE COMMITTEE AGENDA February 21, 2019 6:00 P.M. Pledge of Allegiance Roll Call Public Forum LOCAL LAWS 1. A Local Law Amending The Charter Of The City Of Troy §C-48 Authorizing The Payment Of Eligible Delinquent Taxes In Installments (Council President Mantello) (At The Request Of The Administration) ORDINANCES 12. Ordinance Amending The Capital Projects Fund And Debt Service Fund Budgets (Council President Mantello) (At The Request Of The Administration) 13. Ordinance Amending The 2019 General Fund Budget (Council President Mantello) (At The Request Of The Administration) 14. Ordinance Authorizing And Directing Sale By The Proposal Sale Method Of City-Owned Real Property (Council President Mantello) (At The Request Of The Administration) 15. Ordinance Authorizing And Ratifying Employment Contract For The Fire Chief Of The City Of Troy Fire Department (Council President Mantello) (At The Request Of The Administration) RESOLUTIONS 14. Resolution Amending The Appointments Of Members Of The Standing Committees Of The City Council (Council President Mantello) 15. Resolution Authorizing The Deputy Mayor To Execute A Contract With River Street Planning To Conduct Develop A New Zoning Ordinance (Council President Mantello) (At The Request Of The Administration) 16. Resolution Authorizing The Mayor To Execute An Agreement With Heer Realty, Inc. (Council President Mantello) (At The Request Of The Administration) TABLED LEGISLATION 2019 2. Bond Resolution Of The City Of Troy, New York, Authorizing The Issuance Of An Additional $300,000 Serial Bonds To Finance The Rehabilitation Of Powers Park. Tabled 7 ayes, zero nos, Finance Meeting, January 10.  Local Law #1 A LOCAL LAW AMENDING THE CHARTER OF THE CITY OF TROY §C-48 AUTHORIZING THE PAYMENT OF ELIGIBLE DELINQUENT TAXES IN INSTALLMENTS Be It Enacted by the City Council of the City of Troy, as follows: Section 1. §C-48 of the Charter of the City of Troy is amended as follows: (H) Installment Payment Plans for Delinquent Taxes (1) Definitions: a. “Eligible delinquent taxes” means the delinquent taxes, including interest, penalties and charges, which have accrued against a parcel as of the date on which an installment agreement is executed. b. “Eligible owner” means an owner of real property who is eligible to or has entered into an installment agreement. c. “Installment agreement” means a written agreement between an eligible owner and the enforcing officer providing for the payment of eligible delinquent taxes in installments pursuant to the provisions of Section 1184 of the Real Property Tax Law and this Local Law. (2) The Enforcing Officer of the city of Troy or his or her designee is authorized to enter into an installment agreement providing for the payment of eligible delinquent taxes in installments with property owners. Such installment payments of eligible delinquent taxes shall be made available to each eligible owner on a uniform basis pursuant to the provisions of the New York State Real Property Tax Law and this Local Law. Such installment payments of eligible delinquent taxes shall commence immediately upon the signing of the agreement between the Enforcing Officer or his or her designee and the eligible owner. The agreement shall be kept on file in the office of the Comptroller of the City of Troy. The Enforcing Officer shall not be required to notify a potential eligible owner as to their possible eligibility for an installment agreement, nor shall the Enforcing Officer be required to notify the eligible owner when an installment is due. (3) The term of the installment agreement shall be for twenty-four months, the payment schedule shall be monthly, quarterly or semi-annually. The required initial downpayment shall consist of the amount due on the current City and County property tax bill; the amount due on any current school district tax in collection by the City; and ten percent (10%) of the eligible delinquent taxes and eligible properties shall include all properties within the City of Troy. Should an eligible owner pay off the amount owed under the agreement early, there shall be no adjustment of the amount of the payments.  Local Law #1 (4) A property owner shall not be eligible to enter into an agreement pursuant to this section where: a. There is a delinquent tax lien on the same property for which an application is made or on another property owned by such person and such delinquent tax lien is not eligible to be made part of the agreement pursuant to this section; b. Such person is the owner of another parcel within the tax district on which there is a delinquent tax lien, unless such delinquent tax lien is eligible to be and is made part of the agreement pursuant to this section; c. Such person was the owner of property on which there existed a delinquent tax lien and which lien was foreclosed within three (3) years of the date on which an application is made to execute an agreement pursuant to this section; or d. Such person has previously entered into an installment agreement for the payment of delinquent taxes with the City of Troy. e. There is any code violation, unpaid or outstanding fees, payments, fines, penalties, levies with respect to any property owned by the applicant in the City of Troy. (5) The amount due under the an installment agreement shall be the eligible delinquent taxes plus the interest that is to be accrued on each installment payment up to and including the date on which each payment is to be made. The agreement shall provide that the amount due shall be paid, as nearly as possible, in equal amounts on each payment due date. Each installment payment shall be due on the last day of the month in which it is to be paid. (6) Interest and penalties. Interest on the amount of eligible delinquent taxes less the amount of the downpayment made by the eligible owner, shall be that amount as determined pursuant to New York State Real Property Tax Law §924-a. The rate of interest in effect on the date the agreement is signed shall remain constant during the period of the agreement. If an installment is not paid on or before the date it is due, interest shall be added at the rate prescribed by New York State Real Property Tax Law §924-a for each month or portion thereof until paid. In addition, if any installment is not paid by the end of the fifteenth calendar day after the payment due date, a late charge of five percent (5%) of the overdue payment shall be added. (7) Default. a. The eligible owners shall be deemed to be in default of the of the agreement upon: i. Non-payment of any installment within thirty (30) days from the payment due date;  Local Law #1 ii. Non-payment of any tax, special ad valorem levy or special assessment which is levied subsequent to the signing of the agreement by the tax district, and which is not paid prior to the expiration of the warrant of the collecting officer; or iii. Default of the eligible owner on another agreement made and executed pursuant to this section. b. In the event of a default, the City shall have the right to require the entire unpaid balance, with interest and late charges, to be paid in full. The City shall also have the right to enforce the collection of the delinquent tax lien pursuant to the applicable sections of law, special tax act, charter or local law. c. Where an eligible owner is in default and the City does not either require the eligible owner to pay in full the balance of the delinquent taxes or elect to institute foreclosure proceedings, the City shall not be deemed to have waived the right to do so. (8) The provisions of this section shall not affect the tax lien against the property except that the lien shall be reduced by the payments made under an installment agreement, and that the lien shall not be foreclosed during the period of installment payments provided that such installment payments are not in default. Section 2. This Local Law shall take effect immediately and be retroactive to July 1, 2016 upon its adoption and filing in accordance with State Law. Approved as to form James A. Caruso, Corporation Counsel  MEMORANDUM IN SUPPORT OF PROPOSED LOCAL LAW NO. 1 From: Daniel G. Vincelette, Deputy Corporation Counsel Proposed Local Law No. 1 would amend the Charter to include §C-48(H) which would authorize Installment Payment Agreements between the City Comptroller and eligible taxpayers with delinquent real property taxes. Such agreements are authorized by New York State Real Property Tax Law §1184. Under the former charter, such agreements were provided for under §C-72 pursuant to Local Law No. 8 of 1995. No such provision was included in the revised Charter. The City Comptroller has offered and administered such installment agreements since 1995. Such agreements allow taxpayers the opportunity to pay delinquent taxes in installments and to avoid foreclosure proceedings. There are currently 74 installment agreements between the City and eligible taxpayers. The proposed Local Law would enhance the ability of the Treasurer’s Office to collect delinquent taxes and allow for more effective revenue collection. Proposed Local Law No. 1 makes the following changes to the previous Charter provisions:  The agreements are between the Treasurer’s office and the taxpayer, and not signed by the Assessor. This streamlines the procedure, as the Assessor’s office has no role in the administration of the agreements.  Previous law stated that a taxpayer could not enter into agreement until 30 days passed after delivery of return of unpaid taxes. This is omitted.  Previous law required Treasurer to provide notice by first class mail to eligible owners. That provision is removed.  Proposed law defines required downpayment as including any current City/County tax bill and any current School tax bill that the Treasurer’s office is collecting, as well as ten (10%) percent of the delinquent amounts.  Ord. 12 ORDINANCE AMENDING THE CAPITAL PROJECTS FUND AND DEBT SERVICE FUND BUDGETS 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: March 2019 Budget Amendments – 2018 BAN/Bond Premium which is attached hereto and made a part hereof Section 2. This act will take effect immediately. Approved as to form February 8, 2019 James A. Caruso, Corporation Counsel  Ord. 12 MEMO IN SUPPORT The City has changed the accounting practice of how a premium from the issuance of serial bonds or bond anticipation notes (BANs) are recognized for revenue purposes on the City’s financial records. The new practice recognizes revenue within the Capital Projects Fund and then transfers the funds to the Debt Service Fund to be used for future debt service payments. Therefore the money can be used to directly pay for the interest costs associated with the issuance where the premium was received. The change to the practice has been reviewed with the New York State Comptroller’s Office and they have told the City Comptroller’s Office that this is acceptable. The amount is representative of the premium that was paid to the City as part of the February 2019 BAN (bond anticipation note) issuance.  ORD12 Schedule A March 2019 Budget Amendments – 2018 BAN/Bond Premium Original Change Revised Department Account No. Description Budget* (+/-) Budget Capital Projects Fund Revenues Capital Projects Fund H.1000.2710.0000.0000 Premium On Obligations 0.00 330,170.00 330,170.00 Expenditures Capital Projects Fund H.9950.0998.0000.0000 Debt Service Fund 0.00 330,170.00 330,170.00 Net Impact On Capital Projects Fund 0.00 Debt Service Fund Revenues Debt Service Fund V.0000.5031.0000.0000 Interfund Transfers 0.00 330,170.00 330,170.00 Expenditures Debt Service Fund V.9901.0904.0000.0000 General Fund 0.00 330,170.00 330,170.00 Net Impact On Debt Service Fund 0.00 * Or as previously amended  Ord. 13 ORDINANCE AMENDING THE 2019 GENERAL FUND BUDGET The City of Troy, convened in City Council, ordains as follows: Section 1. The City of Troy 2019 budget is herein amended as set forth in Schedule A entitled: March 2019 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 February 14, 2019 James A. Caruso, Corporation Counsel  Ord. 13 MEMO IN SUPPORT 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 correct a prior practice of paying expenses out of the revenue line for Parking Fines. By amending the funds the accounting records within the General Fund will now reflect the total gross revenue from Parking Fines and the costs related to the payment software that the City uses. 2. An amendment to reallocate funding within the Police Department for Other Materials & Supplies. 3. An amendment to provide funding for utility accounts within the General Fund.  ORD13 Schedule A March 2019 Budget Amendments – General Fund Original Change Revised Department Account No. Description Budget* (+/-) Budget Reference Revenues Fines A.3000.2610.0421.0000 Parking Fines 525,000.00 75,000.00 600,000.00 1 Expenditures Parking A.3320.0409.0000.0000 Consultant Services 0.00 75,000.00 75,000.00 1 Police A.3120.0303.0000.0000 Other Material & Supplies 152,204.00 (11,500.00) 140,704.00 2 Police A.3120.0303.0103.0000 Other Material & Supplies - ERT 17,300.00 11,500.00 28,800.00 2 Police A.3120.0401.0021.0000 Utilities - Heating Oil 0.00 2,500.00 2,500.00 3 Recreation - Ice Rinks A.7140.0401.0055.0000 Utilities - Water 0.00 900.00 900.00 3 Contingency A.1990.0418.0000.0000 Contingency 881,424.69 (3,400.00) 878,024.69 3 Net Impact On General Fund 0.00 * Or as previously amended  Ord. 14 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 bids at proposal sale on the hereinafter described properties as outlined below. Section 2. The Mayor is hereby authorized and directed to sell and convey the hereinafter described real property to the following named purchasers for the sums below indicated which is hereby determined to be a fair price for the same without the necessity of competitive bidding and upon the terms and conditions set forth below. Section 3. The Mayor is hereby empowered to execute and deliver to the said bidder or bidders a quit claim deed conveying said premises hereinafter described, but said conveyance is to be made expressly subject to the conditions hereinafter set forth. Section 4. The purchaser, purchase price and terms and conditions of sales are as follows: Class Class Tax Map # Location AV Code Description Bidder's Name Bid 70.65-3-10 Roosevelt Ave $25,500 311 Vac Land Aurora Ketchmore $1,500.00 90.39-4-15 147 Fifth Ave $40,000 220 2 Family Tong Chen Zhang $4,300.00 101.71-1-16.2 307 Congress St $6,300 311 Vac Land LPG Capital Group LLC $200.00 111.44-3-24 426 Second St $180,000 482 Det Row Bldg David Publow $5,000.00 111.44-8-19 510 Fourth St $16,000 311 Vac Land Michael Yeomans $750.00 112.45-13-11 Oak Street $34,500 311 Vac Land Dara Silbermann $100.00 TERMS AND CONDITIONS: Properties will be conveyed to the prospective purchasers by Quit Claim Deed and be subject to any easement or restriction of record. Further; 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, February 14, 2019 ____________________________________ James A. Caruso Esq., Corporation Counsel ORD14 ORD14 ORD14 ORD14 ORD14 ORD14 ORD14 ORD14 ORD14 ORD14 ORD14 ORD14 ORD14 ORD14 ORD14 ORD14  ORD. #15 ORDINANCE AUTHORIZING AND RATIFYING EMPLOYMENT CONTRACT FOR THE FIRE CHIEF OF THE CITY OF TROY FIRE DEPARTMENT The City of Troy, convened in City Council, ordains as follows: 1. The City of Troy and the Assistant Fire Chief have successfully negotiated the contract shown as Exhibit A, attached hereto and made a part hereof; 2. The City Council hereby authorizes the Mayor to execute said contract on behalf of the City of Troy and ratifies the terms thereof; 3. This act shall take effect immediately. Approved as to form, February 20, 2019 __________________________________ James A. Caruso, Esq., Corporation Counsel  Ordinance #15 Memo in Support Upon the retirement of Fire Chief Thomas Garrett the position of Fire Chief came out from the UFCA bargaining unit per the terms of the contract. The position became classified as a ‘non-represented’ employee. As we did with the three Chief positions in the Police Department we have negotiated an employment agreement with the incoming Fire Chief. This legislation, calling for the ratification of the employment contract for Fire Chief, sets forth the terms of employment. The terms are written to capture and retain all benefits the incoming Fire Chief had secured as Assistant Chief in the Department. The salary is based on factors including: the pay/benefit scale of comparable positions in the area, the historical rate of pay of these positions in the City of Troy and the spread between these positions and the pay scale of subordinates. This contract is personal to the individual named in the contract and does not inure to the benefit of his successor. The legislation offers the following contract for ratification: 1. Employment Contract for Eric McMahon as Fire Chief for a term to commence upon his appointment following ratification of this contract.  ORD# 15 Employment Agreement 1. Agreement. This employment agreement (“the Agreement”) confirms the terms and conditions of the Fire Chief (the “Chief”), to be employed by the City of Troy (the “City”). The terms of the Agreement are effective upon its approval by the Troy City Council. 2. Duties. The Chief shall work under the supervision and control of the Mayor. 3. Salary. In consideration of the Chief’s services to the City, effective ______________ the Chief will receive an annual base salary of $135,600.00. The Chief is a salaried professional exempt from the payment of overtime. 4. Health Insurance. The City shall offer health insurance to the Chief. The health insurance plan offered shall be the City of Troy health plan as may be amended from time to time. The designation of the City of Troy plan shall not limit the City in providing health insurance benefits through any other carrier or through any other means, including self-insurance, to the Chief. The Chief may select a single or family plan as applicable. a. The Chief, if hired as an employee for the City prior to July 1, 1996, shall be entitled to health insurance in the same plan (Traditional Blue PPO 898 Plan) or a plan that is substantially equivalent without contribution to the cost of the annual health insurance premium. If the Chief was hired as an employee for the City on or after July 1, 1996, he shall contribute by payroll deduction each month twenty (20%) of the annual premium equivalent cost established for either single or family coverage selected in the same plan (Traditional Blue PPO 898 Plan) or a plan that is substantially equivalent. The plan of benefits and respective premium contributions rates, (0% and 20%), set forth in this provision will remain throughout employment and retirement. b. Medical co-payments applicable to the Chief are as follows: i. Emergency Care: Emergency Room visit copay shall be $100. ii. Doctor’s office visit: Copays for office visits; pediatrics; internal medicine; family practice; specialists shall be $25. iii. Out-patient surgery: Out-patient surgery copay shall be $100. iv. Prescription Copays:  Copayments for Generic prescriptions shall be $10.  Copayments for Brand prescriptions shall be $25.  Copayments for non-preferred prescriptions shall be $45. c. Upon retirement from the City and after the completion of fifteen (15) years of service with the City, the Chief will receive health insurance coverage as described herein and in accordance with the Agreement: 1  i. The designation of the City of Troy plan shall not limit the City in providing health insurance benefits through any other carrier or through any other means, including self-insurance, to the Chief if he retires from the City as defined hereinafter. ii. The Chief may select a single or family plan, as may be applicable, prior to enrollment in Medicare. iii. The Chief and his spouse must enroll in Medicare when eligible and shall be responsible for any and all costs associated with enrollment and/or participation in Medicare in order to receive benefits from the City during retirement. iv. The City may enroll the Chief and his spouse in a Medicare Advantage plan or other plan upon his or her enrollment in Medicare. v. “Retirement from the City” shall be defined as and requires that the Chief receive pension benefits from the New York State Police and Fire Retirement System or other New York State retirement system from which he is eligible to receive pension benefits immediately on ceasing City service. vi. The City agrees that it shall pay the monthly premium/premium equivalent cost for health insurance for the spouse of the Chief upon his or her death after retirement or if he is killed in the line of duty with the City. The City’s obligation to provide such continued coverage to the spouse of the Chief shall automatically terminate: (1) upon the spouse’s enrollment in Medicare, which enrollment is required and an essential obligation of the spouse in order to receive this benefit; (2) upon the spouse getting remarried; or (3) upon the spouse otherwise being covered by any other health insurance, whichever is earliest. d. Notwithstanding paragraph 4(c)(iii) of this Agreement, in the event the City agrees in writing to reimburse Medicare Part B premiums paid by former employees above the rank of Captain in the Fire Department, the City agrees to reimburse Medicare Part B premiums paid by the Chief at the same amount and in the same manner. 5. Dental Insurance. The City shall offer dental insurance to the Chief. The dental plan offered shall be the City of Troy dental plan as may be amended from time to time. The designation of the City of Troy dental plan shall not limit the City in providing dental insurance benefits through any other carrier or through any other means, including self-insurance, to personnel covered by this Policy. The Chief may select a single or family plan as applicable. a. The Chief shall receive dental insurance coverage at no cost, exclusive of all co-pays, coinsurance or deductible requirements set forth in the plan in which he enrolls. b. There shall be a $2,000.00 annual cap on all dental work.  c. Upon retirement from the City and after the completion of fifteen (15) years of service with the City, the Chief shall receive dental insurance in accordance with the Agreement. i. The dental insurance plan offered shall be the City of Troy dental plan as may be amended from time to time. The designation of the City of Troy dental plan shall not limit the City in providing benefits through any other carrier or through any other means, including self-insurance, to the Chief if he retires from the City as defined hereinafter. ii. The Chief may select a single or family plan as applicable. iii. The City will pay 50% of the premium for dental coverage. iv. The Chief will be responsible for making the coinsurance and deductible requirements set forth in the plan in which the Chief enrolls. v. There shall be a $2,000.00 annual cap on all dental work. vi. “Retirement from the City” shall be defined as and requires that the Chief receive pension benefits from the New York State Police and Fire Retirement System or other New York State retirement system from which he is eligible to receive pension benefits immediately on ceasing City service. 6. Vacation Leave. Vacation leave is authorized absence from duty with pay. Vacation leave shall be earned in accordance with the following schedule. Time Employed with the City Vacation Leave Earned 61 through 120 months 20 work days per year 121 through 180 months 25 work days per year 181 through 240 months 30 work days per year 241 through 300 months 35 work days per year 301 or more months 40 work days per year a. The Chief shall receive credit for a month worked for every month in which he worked or received wages for a minimum of fifteen (15) working days. Time lost by the Chief by reason of absence without pay shall not be considered in computing earned credit for vacation leave. b. All credits for months earned shall be computed from the date of appointment as an employee of the City of Troy. The Chief may accumulate leave credits for future use up to a maximum of forty (40) workdays. c. Vacation leave schedules shall be prepared so as to ensure the continued operation of all City functions without interference. d. The Chief shall be entitled to compensation of unused vacation leave in any of the following instances:  a. The Chief gives at least thirty (30) working days written notice regarding termination of his employment with the City. b. The Chief is placed on indefinite layoff. e. In 2019 only, the Chief may sell back to the City up to twenty five (25) days of unused vacation time. The Chief must notify the City in writing of his intention to do so on or before November 1st. The City shall make payment on or before December 15th of the same year. Thereafter, the Chief may sell back up to ten (10) days of unused vacation time each calendar year in the same manner described hereinbefore. Further, the Chief may transfer up to 5 unused vacation days each year to his bank of Holiday Comp time. 7. Sick Leave. The Chief shall be allowed time off for illness without limitation. The Chief is required to notice the Mayor of any absence and the reason therefor on the first day of the absence. It is expected that such notice shall be given as soon as possible. a. Whenever the Chief is reported sick or disabled, it shall be the duty of the Fire surgeon or other medical professional utilized by the City to inquire into the Chief's condition as soon as possible and, if in his/her judgment, such individual may be unable to perform his duties or may require the attention of a physician, said surgeon or medical professional shall issue a certificate addressed to the Mayor relieving the Chief from duty. b. Nothing in this provision shall limit the City’s exercise or enforcement of its rights under law with respect to the Chief if he is unable to work as a result of illness or injury not caused by the performance of fire duties. c. If the Chief is unable to perform his duties due to a job-related injury or illness shall, during such absence from duty, he shall continue to receive all benefits under the Agreement to which he would otherwise be entitled. 8. Bereavement Leave. The Chief shall be granted five (5) scheduled work days with pay due to death in his immediate family. The term “immediate family” shall include natural parents, foster parents, step parents, grandparents, children, grandchildren, brothers, sisters, spouse, domestic partner, father in law, mother in law, or any relative residing in the individual’s household, which leave shall not be cumulative. 9. Military Leave. The Chief shall be eligible for such benefits or leave as may apply to him in accordance with the provisions of applicable law. 10. Holidays. The Chief shall receive a day’s pay for the following holidays: New Year's Day Independence Day M.L. King Day Labor Day Lincoln's Birthday Columbus Day Washington's Birthday Veteran's Day Election Day Thanksgiving Day Memorial Day Christmas Day  Should the Chief actually work on any of the above-listed holidays, the Chief shall receive up to 8 hours of additional pay, prorated for each hour actually worked. 11. Accrued Time. Compensatory time may not be earned by the Chief. If the Chief has previously accrued unused compensatory, holiday compensatory and/or bonus time he may cash it out at any time, at the pay rate the Chief receives at the time of cash out. Any previously accrued unused compensatory, holiday compensatory and/or bonus time will be cashed out upon separation of employment if the Chief gives at least one (1) month written notice regarding termination of his employment with the City. 12. Longevity. The City will pay a longevity allowance to the Chief as follows: Length of Service Completed Amount Ten (10) years $1,000.00 Fifteen (15) years $1,200.00 Nineteen (19) years $1,400.00 Twenty-Five (25) years $1,600.00 Twenty-Nine (29) years $2,000.00 Such allowance shall become effective as of the first day of the year when the anniversary date occurs within that year. All longevity payments shall be made in a lump sum on the first day of December each year. 13. Legislative Approvals. The term of the Agreement is from _______________ to December 31, 2019 and is subject to approval by the Troy City Council. The Agreement is intended to be read in pari materia with the Troy City Charter and Code with respect to any and all terms in the Charter and Code which reference those positions. a. The Agreement does not amend, limit or otherwise change the rights of the City under the City Charter, Code or any other applicable rule, regulation, statute or other authority with respect to the positions referenced herein. The City retains all rights, duties and powers under all applicable law with respect to the positions referenced herein. FOR THE EMPLOYEE FOR THE CITY OF TROY By:__________________________ By:______________________________ Eric McMahon Wm. Patrick Madden Mayor Dated: February ______, 2019 Dated: February ______, 2019  Res. 14 RESOLUTION AMENDING THE APPOINTMENTS OF MEMBERS OF THE STANDING COMMITTEES OF THE CITY COUNCIL BE IT RESOLVED, pursuant to Sec. C-9 of the City Charter the President shall be the presiding officer of the council; shall be the chairman of the standing committee on finance; and shall be, ex officio, a nonvoting member of all other standing committees. FINANCE: Membership on this committee shall include the Comptroller, Budget Officer, Auditor, Treasurer, Assessor, Purchasing Agent, President of the Council as Chairperson, and all other members of the Council. LAW: Membership on this committee shall include the Corporation Counsel, his staff as the Corporation Counsel desires, and at least three (3) Council Members as follows: 1.Coleen Murtagh Paratore- Chair 2.TJ Kennedy 3.Jim Gulli GENERAL SERVICES: Membership on this committee shall include the Commissioner of General Services, City Engineer, Director of Parks and Recreation and at least three (3) Council Members as follows: 1.David Bissember-Chair 2.Anasha Cummings 3.Jim Gulli PLANNING: Membership on this committee shall include the Commissioner of Planning and Economic Development, any assistant commissioners, and at least three (3) Council Members as follows: 1.TJ Kennedy-Chair 2.Anasha Cummings 3.Jim Gulli PUBLIC SAFETY: Membership on this committee shall include the Commissioner of Public Safety, if any, Police Chief, Fire Chief and at least three (3) Council Members as follows: 1.David Bissember-Chair 2.Coleen Murtagh Paratore 3.Jim Gulli PUBLIC UTILITIES: Membership on this committee shall include the Superintendent of Public Utilities, Chief Water Plant Operator, Supervisor of Water, Supervisor of Sewers and at least three (3) Council Members as follows: 1.TJ Kennedy-Chair 2.Anasha Cummings 3.Jim Gulli  Res. 14 SCIENCE AND TECHNOLOGY: Membership on this committee shall include the Director of Operations, the Deputy Mayor, and/or a representative of the bureau if Information Services and at least three (3) City Council Members as follows: 1.Anasha Cummings- Chair 2.David Bissember 3.Jim Gulli Approved as to form February 14, 2018 ____________________________________ James A. Caruso, Esq., Corporation Counsel  RES. 15 RESOLUTION AUTHORIZING THE DEPUTY MAYOR TO EXECUTE A CONTRACT WITH RIVER STREET PLANNING TO CONDUCT DEVELOP A NEW ZONING ORDINANCE WHEREAS, the City solicited proposals from qualified vendors to undertake a full review and revision of the City’s Zoning Ordinance and received three responses; and WHEREAS, a team led by River Street Planning submitted a proposal in response; and WHEREAS, River Street Planning was deemed by a review committee to be the most qualified bidder with the most realistic plan and capacity to perform this task in a timely manner; NOW THEREFORE BE IT RESOLVED, that the City Council hereby authorizes the Deputy Mayor to execute a contract with River Street Planning, in substantial conformance with the contract attached hereto and made a part hereof. Approved as to form, March 7, 2019 ______________________________________ James P. Caruso Esq., Corporation Counsel  RES15 Steven Strichman Patrick Madden Commissioner Mayor Department of Planning and Economic Development To: City Council February 15, 2019 Re: Implementation Grant Consultant Selection - Zoning Ordinance From: Steven Strichman, Commissioner of Planning and E.D. An RFP was issued for consultant services to review and rewrite the City’s Zoning Ordinance. Funding for the undertaking will be provided 50% by New York State Department of State and 50% from the TRF. Three responses were received and two were under the budgeted $200,000. A 5 member review committee led by Assistant Planner James Rath selected the team lead by River Street Planning. Submissions: Lead Firm Cost Score River Street Planning $199,450 1 Cycle Arch & Planning $231,988 2 AKRF/E3 $195,360 3 I would like to recommend approval of River Street at the March 7th City Council meeting. This will allow us to commence with the Zoning process immediately and ensure that initial meetings may be held prior to the summer.  RES15 DRAFT AGREEMENT Made this ___ th day of February 2019 by and between River Street Planning and Development, LLC (hereinafter “River Street”), a Limited Liability Company with offices at 4 Ridge Road, Troy, New York 12180 and The City of Troy, a municipality with offices at City Hall, 433 River Street, suite 5001, Troy, NY 12180 (hereinafter “City"). WITNESSETH: WHEREAS, The City is updating its Zoning Ordinance with support from the New York State Department of State, and; WHEREAS, Professional consulting services are required to complete the project and River Street possesses the technical expertise to assist the City and lead a team to accomplish the tasks outlined in Appendix A; and WHEREAS, the parties hereto are desirous of entering into an agreement to complete the scope of work in Appendix A; NOW, THEREFORE, the parties do hereby agree as follows: SCOPE OF SERVICES 1. River Street will complete, to the satisfaction of the City and New York State Department of State (NYS DOS) hereinafter collectively described as the “Planning Partners”, all services and tasks and provide all deliverables and other materials, covered by this contract as outlined in the scope of services in Appendix A. 2. River Street will comply with all applicable terms, conditions and tasks contained in the Agreement between the City and NYS Department of State (#C1000683). In the event of a conflict between this agreement and the State Assistance Agreement or the Memorandum of Agreement, the terms of the State Assistance Agreement will control. REMUNERATION 1. Contract documents will consist of this written agreement and two written Appendices (A and B), which are attached and incorporated by reference into this agreement. Appendix A contains the contracted scope of services. Appendix B contains the schedule of values assigned to the tasks outlined in the scope of services, which forms the basis for all payment requests submitted by River Street. 2. For the provision of the total scope of services under contract number C1000683 outlined in Appendix A for, River Street will be paid the sum of One Hundred Ninety Nine Thousand Four Hundred and Fifty Dollars ($199,450.00) and such sum will become due and payable as described below. It is understood that the final appendices will be updated following a scoping session with the City and River Street and modified to the satisfaction of both parties as appropriate. 1  RES15 3. River Street will have earned upon satisfactory completion of work described in Appendix A, the value ascribed to each work item in accordance with the attached Appendix B. 4. Amounts earned by River Street will become due and payable within thirty (30) days of the submission of a complete invoice for approved services presented by River Street to the City in a monthly voucher for payment including a description of the work completed and the amounts earned for such work on a percentage completion basis. 5. Under no circumstances will any payment to River Street or its subcontractors, in whole or in part, be contingent upon the timing or availability of payment to the City for reimbursement of their claims, payment requests or invoices by the NYSDOS or any other funding source. 6. The contracted fee is based on the distribution of work outlined in the scope of work and does not include costs related to electronic data storage, technical web-site related services or maintenance, paid publicity and advertising, components of surveys (including printing, distribution or postage), refreshments or the additional reproduction of written documents, maps or graphics beyond the quantity contracted. 7. This is a labor only contract. The total amount payable of One Hundred Ninety Nine Thousand Four Hundred and Fifty Dollars ($199,450.00) under contract C1000683 includes any and all customary expenses. No expenses will be invoiced, and no expense documentation will be maintained by River Street or any of its subcontractors. TERM OF AGREEMENT 1. This Agreement will become effective as of the date first written above. 2. No changes, modifications, or amendments to the terms and conditions of this agreement will be effective unless mutually agreeable and reduced to writing in hard copy, numbered, signed and dated by the duly authorized representative of River Street and the City. 3. Either party may terminate this agreement with thirty (30) days’ written notice sent by certified mail. 4. If the need arises, a reasonable extension of time for completing any aspects of the work described in the Appendix A may be granted by mutual agreement of River Street and the City. 5. This agreement may not be subcontracted, assumed, or assigned to any entity, apart from identified team members, without the prior written approval of the City. 6. Upon termination of this agreement, all finished and unfinished materials prepared by River Street under this agreement will become the property of the City and the NYS DOS. River Street and its subcontractors may retain and use copies of these documents as reference materials for future projects or as examples of work performed in the solicitation of business with prospective clients. If this agreement results in any copyrighted material, River Street or its subcontractors are free to copyright the work, but the City reserves a royalty-free, non-exclusive, and irrevocable license to reproduce, publish, or otherwise use, and to 2  RES15 authorize others to use, all copyrightable material produced under this agreement. 7. This Agreement will terminate no later than December 31, 2020. At contract execution, it is estimated that River Street’s work will be substantially complete by April 1,2020. ACCESS AND MAINTENANCE OF RECORDS 1. Access will be granted to the City and the NYSDOS or any of their duly authorized representatives at all reasonable times during the period of this contract and to any components, including but not limited to books, documents, papers, and related materials which are directly pertinent to this agreement for the purpose of making audit, examination, excerpts and transcriptions. 2. River Street will retain all of the required records for three years after final payment is received and all other pending matters are closed or for such longer period if any is required by applicable New York State statutes. 3. River Street will make a good faith effort to comply with the NYS Freedom of Information Law (FOIL) as required for a project of this nature. Under no circumstances will deliberative materials or communications ordered by and contracted to the City that are exchanged for discussion purposes not constituting final policy decisions including interim work products generated by River Street (Public Officers Law §87(2)(g), and/or privileged, pre-decisional draft documents (Pubic Officers Law § 87(2)(g), Fed. R. Civ. Proc. 26(b)(3); F.R.E. Rule 501, 40 CFR § 300.810 (c) and (d), be released by River Street without specific written direction by the City. 4. River Street will make a good faith effort to meet or exceed goals established by the City and NYS DOS regarding utilization of Minority and Women Business Enterprises. EMPLOYMENT STANDARDS 1. River Street will not discriminate against any employee, for employment because of race, color, sex, religion, sexual orientation, gender identity, national origin, age, or disability. INSURANCE 1. River Street will purchase from, and maintain in, a company or companies lawfully authorized to do business in New York State, insurance for a term through the completion of the agreement. Upon request by the City, insurance will be evidenced by the furnishing of certificates of insurance for coverage of the extent of the limits of River Street’s existing policies or the following limits, whichever is greater, but at a minimum the following coverage: General Liability Insurance of not less than $1.0 million for liability and medical coverage; personal injury of $1.0 million; automotive insurance in the amount of $500,000.00. 2. Subcontractors to River Street engaged in any technical trades including engineering, surveying, geotechnical analysis, preparation of bids and specifications, landscape architecture, architecture, urban 3  RES15 design or any related fields will maintain a Professional Liability Insurance Policy, including coverage for errors and omissions, negligence and consequential damages, will be maintained in the amount of one million dollars ($1.0 million). Each subcontractor will warrant that it will maintain continuous, equivalent coverage until completion of work and for at least three years after contract completion. If necessary, modifications to coverage limits may be negotiated subject to approval of both parties. 3. River Street will purchase from and maintain in a company or companies lawfully authorized to do business in New York State, Workers' Compensation and Disability Benefits Law including Family Leave Coverage consistent with the New York State requirements and such other forms of insurance, which the firm is required by law to provide. 4. River Street acknowledges and agrees that neither River Street nor its agents, subcontractors, officers, or employees will be covered by any Worker’s Compensation Insurance policy or Disability Insurance policy maintained by the City, and that River Street will be solely responsible for maintaining such coverage to the extent required by law. INDEMNIFICATION 1. To the fullest extent permitted by law, River Street and the City will agree to mutually hold harmless, and indemnify the other party and its directors, officers, agents and employees, anyone employed directly or indirectly by any of them, affiliates or successors against any and all claims, loss, liability, liens, damage, or expense, including any direct, indirect or consequential loss, liability, damage, or expense caused by or resulting from either party’s negligent acts whether actual or alleged. Both River Street and the City are mutually obligated to inform the other immediately when a covered claim arises by e-mail and in hard copy writing by certified mail. Failure to give proper notice does not relieve the party of its defense obligations. DISPUTES 1. With the mutual and voluntary agreement of River Street and the City, mediation by a neutral professional mediator may be pursued as the primary form of dispute resolution as an alternative to formal litigation. The venue for dispute resolution will be Rensselaer County, New York, unless mutually agreed otherwise. Disputes relating to negligence, gross negligence, recklessness and willful and wanton conduct or other actions excepted under the indemnification clause above, on the part of River Street or the City are explicitly excluded from mediation and will be pursued in a Court of competent jurisdiction. MISCELLANEOUS 1. River Street agrees that none of its agents, officers or employees will hold themselves out as, nor claim to be, an officer or employee of the City, and that neither River Street, nor any of its agents, officers or employees will by reason therefore, make any claim, demand, or application to or for any right or privilege applicable to an officer or employee of the City. 2. River Street’s failure to perform any term or condition of this Agreement as a result of conditions beyond its control such as, but not limited to, war, strikes, fires, flood, other disasters, acts of God, governmental 4  RES15 restrictions, power failures, illness, damage or destruction of any network facilities or servers, failure of suppliers, subcontractors, and carriers, or party to substantially meet its performance obligations will not be deemed a breach of this Agreement. 3. River Street will submit electronic copies of each draft product and each final product. In addition, final documents will be provided in Microsoft Word and Adobe PDF formats at 300 DPI. GIS products will be provided in ArcGIS format and comply with NYSDOS standards. All pictures and photos will credit the photographer. River Street will submit to the City and NYSDOS all required products, clearly labeled with the Comptrollers Contract Number (#C1000683) and where applicable the related task number from the Work Program. All final products will be submitted on a USB drive labeled with City of Troy, the NYS DOS contract #, and project title. Electronic data for all designs, drawings, and plans will be submitted in the original software upon request as well as in JPEG or GIF format. 4. River Street will ensure that all materials, printed, constructed, and or produced as part of this project will contain the following acknowledgement: “This report [or document or map or etc.] was prepared with funding provided by the New York State Department of State under Title 11 of the Environmental Protection Fund.” The contributions of all State agencies will be acknowledged in all community press releases or other notices and in public meetings related to the project including digital forms of communications. ENFORCEMENT 1. This Agreement has been executed in New York State and all rights, duties, and obligations hereunder will be governed by the laws of the State of New York. 2. In the case that any one or more provisions contained in this Agreement will for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability will not affect any other provision hereof, and this Agreement will be construed as if such provision had never been contained herein. EXECUTION 1. This contract will be executed in two counterparts, with each party hereto retaining a fully executed original. AGREED TO: For the City of Troy For River Street Planning & Development By: _______________________________ By: __________________________________ Monica Kurzejeski, Deputy Mayor Margaret Irwin, Principal 5  RES15 ATTACHMENT A: SCOPE OF WORK C1000683 COORDINATION This component includes three tasks:  Second Project Meeting (Task A6): River Street, the City, the Department and other project partners as appropriate, will meet to review project requirements, site conditions, and roles and responsibilities; identify new information needs and next steps; and transfer any information to the River Street Team which would assist in completion of the project. River Street will prepare and distribute a brief meeting summary clearly indicating the agreements/understandings reached at the meeting. Work on subsequent tasks shall not proceed prior to Department approval of the proposed approach as outlined in the meeting summary.  Staff Coordination Meetings (Task A6) This task also includes periodic coordination with City Staff and the Department.  PAC Meetings (Task 2): River Street will plan, attended and document PAC meetings. Six meetings of the PAC are planned. Products: Second Project Meeting, coordination and PAC Meetings held with appropriate parties. Written meeting summary outlining agreements/understandings reached for all meetings. COMPREHENSIVE AUDIT AND SCANS This component includes one task:  Background Review and Assessment of Current Ordinance (Diagnostic Audit) (Task A8): River Street will confirm the public engagement strategy and undertake a comprehensive review and assessment of the existing zoning ordinance. The review and assessment will highlight gaps, areas of over regulation, as well as areas of misinterpretation and incompatibility. This phase will include a review of implementation projects to understand how zoning can be misapplied and how to safeguard against this. A review of other ordinances/form-based codes will also be undertaken to suggest the range of zone types, code and form considerations that could be developed within a new zoning ordinance. This phase of work will result in a full assessment of the existing zoning ordinance, variance application analysis where data is available and will provide a set of points of departure for an updated ordinance. It will also include scans of neighborhoods, downtown and corridor scans examining market, commercial viability, climate change risk, etc. Products: Full diagnostic audit and assessment of existing zoning ordinance, implementation projects, other ordinances, and form-based code options. in order to provide departure points for the updated ordinance. DRAFT CODE PREPARATION This component includes three tasks: 6  RES15  Recommended Zoning Structure (Task A8): River Street will develop a simplified zoning structure based on the general parameters of the City’s existing built environment and future direction provided in the City’s Comprehensive Plan and through consultation with the City staff, the PAC. The public and NYSDOS. It will categorize differences in built form related to density, scale, architecture, and integration with the public realm. The recommended zoning structure will aim to ensure a greater mix of compatible uses and provide direction for future land use and development along transportation and utility corridor. It will also address special conditions including hazards, flood prone areas and known or perceived brownfield areas. This system will be the foundation for the zoning districts, any overlays and the zoning map. Products: Completed recommended zoning structure submitted to the Department for review and approval.  Development of Draft Zones and Map (Task A9): River Street will develop a series of district and corridor zones based on an understanding of the Comprehensive Plan, areas of change, gradual change, stability, and reinvestment as well as the land use structure and classification system. A description of permitted built form characteristics will be provided in each zone utilizing tables, narrative and graphic illustrations when practical to present information. This description will include but not be limited to: building location and orientation; setbacks; height; density; architectural elements, public realm components; and green infrastructure. Products: Report, describing district and corridor zones using text, tables and a range of supporting maps and preliminary illustrative drawings.  Development of Draft Zoning Ordinance (Task A11): River Street h will prepare a comprehensive new zoning ordinance. The document will be organized into a series of sections which covering all aspects of a modern New York State zoning code and reflecting the current City regulations related to enabling, approvals, administration and enforcement legislation. Products: Draft Zoning Ordinance and Map using text, supporting maps and illustrative drawings. COMMUNITY ENGAGEMENT This component included three tasks:  Public Consultation (Task 10A): A high level of community, stakeholder and administrative engagement is anticipated during each phase of the creation of the new zoning ordinance. A community engagement plan will be developed. A range of engagement techniques will be employed such as public information sessions and open houses, stakeholder and small group work sessions, a project webpage, and presentations and updates to City Council. The intent of the consultation activities will be to solicit public review and feedback on the work created in each phase and, subsequently, to refine project directions and work tasks. In addition to the first and second public meetings up to two additional meetings may be conducted.  First Public Meeting (Task A10): In consultation with the Department, a public information meeting shall be conducted to solicit public input on the draft zoning report. A written summary of public input obtained at this meeting will be prepared and provided to the Department for review and comment. 7  RES15  Second Public Meeting (Task A12): In consultation with the Department, a public information meeting will be conducted to solicit public input on the draft zoning ordinance. A written summary of public input obtained at this meeting shall be prepared and provided to the Department for review and comment. Products: Public information meeting held. Minutes/Summary of meeting prepared and submitted to the Department. FINAL CODE PREPARATION, SEQR AND ADOPTION  Approval of the Zoning Ordinance (Task A13): Based on input and feedback following City administrative, public, stakeholder and Department review and after completion of the State Environmental Quality Review process, the ordinance will be refined to best meet the needs of the City. The cumulative environmental impact of adopting the new zoning ordinance will be evaluated using the proper SEQR process. A public review period will provide the public with an opportunity to submit official comments prior to finalization and adoption of the ordinance by City Council. Products: Updated Zoning Ordinance with SEQR compliance approved by City Council 8  RES15 ATTACHMENT B: C1000683 SCHEDULE OF VALUES RIVER STREET PLANNING TEAM - CITY OF TROY ZONING ORDINANCE SCHEDULE OF VALUES COMPARISON TO PROPOSAL BASE NYS DOS TASK VALUE SCOPE OF WORK TASKS COORDINATION PAC Meetings (Task 2), Zoning $25,000.00 PAC & Planning Commission & Staff Mtgs. Project Meetings (Task A6) COMPREHENSIVE DIAGNOSIS/SCANS Current Zoning Evaluation Background and Current $52,000.00 Review of Comp. Plan & Other Strategies Ordinance Review (Task A7) Nbhds., Downtown & Corridors Scans COMMUNITY ENGAGEMENT $3,000.00 Outreach, PR and Website Public Consultation and First Focus groups, interviews & additional meetings Public Meeting (Task A 10) and Second Public Meeting (Task A12) $28,500.00 Community Workshop 1: Code Concepts Review Community Workshop 2: Present Draft Code DRAFT CODE PREPARATION Prepare Draft Zoning (Task A11) $78,450.00 Draft Code Development FINAL CODE, SEQR & ADOPTION $7,500.00 Final Code Revision Prepare Final Zoning, Complete SEQR and Adopt the Code SEQR (Long Form EAF) $5,000.00 Adoption Public Hearings $199,450.00 SUBTOTAL BASE BID OTHER RECOMMENDED TASKS $6,500.00 Climate Adaptation Scan $7,500.00 Brown Bag Lunch Talks $13,000.00 Nbhd. Open Houses (8) $3,000.00 City Officials Summit $30,000.00 SUBTOTAL RECOMMENDED TASKS 9  RES16 RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH HEER REALTY, INC. _______________________________________________________________________________ BE IT RESOLVED, that the City Council hereby authorizes the Mayor to execute an Agreement with Heer Realty, Inc. to list the following City owned Property: Class Tax Map # AV Description Bidder's Name Bid TBD* Merged 112.30-6-2 $30,000 Vacant Res. parcel list price is 112.30-6-3 $25,300 Vacant Res. TBD* $19,000.00 * The two parcels will be merged by the Assessor and listed by Heer Realty, Inc. as one parcel. Refer to the Listing Agreement affixed as Support. TERMS AND CONDITIONS: After City Council approval, property will be conveyed to the prospective purchasers 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 attorney’s fees. Approved as to form, February , 2019 _________________________________ James A. Caruso, Corporation Counsel RES16 RES16 RES16 RES16 RES16 RES16 RES16 RES16 RES16