City Council
Regular MeetingTroy, NY · March 21, 2019
Minutes
Minutes of the
TROY CITY COUNCIL
FINANCE COMMITTEE
March 21, 2019
6:00 P.M.
The meeting was called to order at 6:04 p.m. by Council President Mantello.
Pledge of Allegiance
Roll Call: The roll being called, the following answered to their names: Council Member
Cummings, Council Member Bissember, Council Member Kennedy, Council President
Mantello, Chair. Council Member Gulli and Council Member Paratore were absent.
In attendance were Mayor Patrick Madden, Deputy Mayor Monica Kurzejeski, Deputy
Corporation Counsel Daniel Vincelette, Deputy Comptroller Andy Piotrowski, Deputy Director
of Public Information John Salka, and Commissioner of Planning & Economic Development
Steven Strichman. Approximately 5 members of the public attended.
Public Forum:
No one came forward.
16. Ordinance Declaring Certain City Owned Property As Surplus And Directing The
Comptroller To Dispose Of Said Property (Council President Mantello) (At The Request Of
The Administration)
Ordinance passed 4 ayes, 0 nos.
17. Ordinance Amending The 2019 General Fund Budget To Allocate Remaining Funds
From The US Department Of Justice Office Of Violence Against Women To The Troy Police
Department (Council President Mantello) (At The Request Of The Administration)
Ordinance passed 4 ayes, 0 nos.
18. Ordinance Approving Settlement Of Tax Certiorari Proceedings Instituted By David
Kirzner On The Assessment Roll Of The City Of Troy (Council President Mantello) (At The
Request Of The Administration)
Ordinance passed 4 ayes, 0 nos.
19. Ordinance Transferring Funds Within The 2019 General Fund Budget (Council President
Mantello) (At The Request Of The Administration)
Ordinance passed 4 ayes, 0 nos.
22. Ordinance Authorizing Settlement Of 8 Workers’ Compensation Claims, To Wit: Antonio
Velazquez vs. City Of Troy, New York (Council President Mantello) (At The Request Of The
Administration)
Ordinance passed 4 ayes, 0 nos.
20. Ordinance Amending The 2019 General Fund Budget To Appropriate Funds From The
Workers Compensation Reserve (Council President Mantello) (At The Request Of The
Administration)
Ordinance passed 4 ayes, 0 nos.
21. Ordinance Amending The City Of Troy, New York Travel Policy (Council President
Mantello) (At The Request Of The Administration)
Ordinance passed 4 ayes, 0 nos.
23. Ordinance Amending The Special Grants Fund Budget (Council Member Cummings) (At
The Request Of The Administration)
Ordinance passed 3 ayes, 1 no (Mantello). Motion to reconsider passed 4 ayes, 0 nos. Ordinance
tabled 4 ayes, 0 nos.
24. Ordinance Declaring Certain City Owned Property As Surplus And Directing The
Comptroller To Dispose Of Said Property (Council President Mantello) (At The Request Of
The Administration)
Ordinance passed 4 ayes, 0 nos.
25. Ordinance Approving Settlement Of Tax Certiorari Proceedings Instituted By 19-25
Second Street LLC On The Assessment Roll Of The City Of Troy (Council President
Mantello) (At The Request Of The Administration)
Ordinance tabled 4 ayes, 0 nos.
22. Resolution Supporting Modification Of The CSX Railroad Crossing On Main Street To
Improve Vehicular, Pedestrian And Bicycle Safety In Conjunction With The South Troy
Industrial Park Road Project (Council President Mantello) (At The Request Of The
Administration)
Ordinance passed 4 ayes, 0 nos.
Adjournment
The meeting adjourned at 6:45 p.m.
An audio recording of this meeting is on file at the City Clerk's office.
Agenda
TROY CITY COUNCIL
FINANCE COMMITTEE AGENDA
March 21, 2019
6:00 P.M.
Pledge of Allegiance
Roll Call
Public Forum
LOCAL LAWS
ORDINANCES
16. Ordinance Declaring Certain City Owned Property As Surplus And Directing The Comptroller
To Dispose Of Said Property (Council President Mantello) (At The Request Of The Administration)
17. Ordinance Amending The 2019 General Fund Budget To Allocate Remaining Funds From The
Us Department Of Justice Office Of Violence Against Women To The Troy Police Department
(Council President Mantello) (At The Request Of The Administration)
18. Ordinance Approving Settlement Of Tax Certiorari Proceedings Instituted By David Kirzner On
The Assessment Roll Of The City Of Troy (Council President Mantello) (At The Request Of The
Administration)
19. Ordinance Transferring Funds Within The 2019 General Fund Budget (Council President
Mantello) (At The Request Of The Administration)
22. Ordinance Authorizing Settlement Of 8 Workers’ Compensation Claims, To Wit: Antonio
Velazquez vs. City Of Troy, New York (Council President Mantello) (At The Request Of The
Administration)
20. Ordinance Amending The 2019 General Fund Budget To Appropriate Funds From The Workers
Compensation Reserve (Council President Mantello) (At The Request Of The Administration)
21. Ordinance Amending The City Of Troy, New York Travel Policy (Council President Mantello)
(At The Request Of The Administration)
23. Ordinance Amending The Special Grants Fund Budget (Council Member Cummings) (At The
Request Of The Administration)
24. Ordinance Declaring Certain City Owned Property As Surplus And Directing The
Comptroller To Dispose Of Said Property (Council President Mantello) (At The Request Of The
Administration)
25. Ordinance Approving Settlement Of Tax Certiorari Proceedings Instituted By 19-25 Second
Street LLC On The Assessment Roll Of The City Of Troy (Council President Mantello) (At The
Request Of The Administration)
RESOLUTIONS
22. Resolution Supporting Modification Of The CSX Railroad Crossing On Main Street To
Improve Vehicular, Pedestrian And Bicycle Safety In Conjunction With The South Troy
Industrial Park Road Project (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.
ORD16
ORDINANCE DECLARING CERTAIN CITY OWNED PROPERTY AS SURPLUS AND
DIRECTING THE COMPTROLLER TO DISPOSE OF SAID PROPERTY
The City of Troy, convened in City Council, ordains as follows:
Section 1. Pursuant to §C-41 (B) (8) of the City Charter, the item of City owned property,
described in the attached memorandum is herein declared to be surplus and the
City Purchasing Agent or a designee, is hereby authorized and directed to sell all
said property.
Section 2. The said property shall be sold “as is” for the highest bid price and on such
additional terms and conditions as shall be set by the City Comptroller.
Section 3. If no bidder or bidders are interested in any or all of said property, the City
Comptroller is hereby authorized to dispose of any such item.
Section 4. This ordinance shall take effect immediately.
Approved as to form February 5, 2019
James A. Caruso, Corporation Counsel
ORD16
MEMO IN SUPPORT
The City Purchasing Agent, or designee, works with the various City departments to identify and
dispose of such no longer useful property on a periodic basis.
ORD16
Items to be Declared Surplus
Vehicles VIN # Department
Truck 44 2003 Chevrolet S-10 1GCCS19X038179689 DPW
Truck 32 1999 Ford Ranger 1FTYR10C6XTB10598 DPW
Car 76 2000 Ford Crown Victoria 2FAFP71W7YX114632 DPW
Equipment Serial # Department
Vehicle 119 2000 ProPave 780WB paver 30332 DPW
Vehicle 122 1970 Sicard Jr snow blower 10218 DPW
7 weed trimmers, Stihl, Homelite, Echo, Craftsman Elot
2 White Outdoor snow blowers 24” Elot
4 wall-mount lube hose reels Elot
2 Troybilt Tuff-Cut mowers, model number 11363 Elot
4 Troybilt snow blowers DPW
New Holland snow blower, skid steer mount DPW
Snowway plow, skid steer mount DPW
2 Fisher plows, 8ft DPW
6 Meyer plows, 8ft DPW
8 Push lawn mowers 22” DPW
Vertical Band saw DPW
Curtis gas powered air compressor DPW
Plate tamper, gas powered DPW
Transtech fluid exchanger DPW
NAPA HD tire lift DPW
Troybilt brush mower 6hp DPW
Sun VAT33 battery tester DPW
Ammco brake lathe and accessories DPW
2 Weaver hydraulic lift power units DPW
locker set, 5 door DPW
10 Meyer E47 plow motors DPW
11 hydraulic cylinders, assorted DPW
14 beacon lights, light bars assorted DPW
25 obsolete bearings, seals, u joints, assorted DPW
Miscellaneous
6 adding machines Elot
15 printer ink cartridges, assorted Elot
4 Two way radios, chargers, batteries Elot
ORD17
ORDINANCE AMENDING THE 2019 GENERAL FUND BUDGET TO ALLOCATE
REMAINING FUNDS FROM THE US DEPARTMENT OF JUSTICE OFFICE OF
VIOLENCE AGAINST WOMEN TO THE TROY POLICE DEPARTMENT
The City of Troy, convened in City Council, ordains as follows:
Section 1. The City of Troy 2019 General Fund Budget is herein amended as set forth in
Schedule A entitled:
Public Safety – Police
OVW – Improving Criminal Justice Responses Program
which is attached hereto and made a part hereof
Section 2. This act will take effect immediately.
Approved as to form February 25, 2019
James A. Caruso, Corporation Counsel
ORD17
MEMO IN SUPPORT
To amend the 2019 Police Budget to allocate the remaining $154,183.36 from the U.S.
Department of Justice Office of Violence Against Women Improving Criminal Justice
Responses Program. These funds are to be utilized for the purpose ensuring that sexual assault,
domestic violence, dating violence, and stalking are treated as serious violations of criminal law.
The grant period is from October 1, 2016 through September 30, 2019.
ORD17
Schedule A
Public Safety - Police
OVW - Improving Criminal Justice Responses Program
2019 Budget Amendment
Original * Revised
Budget Change Budget
General Fund
Revenue
A.3000.4389.0106
Violence Against Women $0.00 $154,183.36 $154,183.36
Total General Fund Revenue Increase $154,183.36
Expenditures
A.3120.0101
Police - Salaries $9,548,690.00 $28,275.78 $9,576,965.78
A.3120.0103.0106
Police - Overtime Violence Against
Women $0.00 $39,194.97 $39,194.97
A.3120.0411.0106
Police - Overtime Violence Against
Women $0.00 $2,559.00 $2,559.00
A.3120.0203.0106
Police - Other Equipment Violence
Against Women $0.00 $2,000.00 $2,000.00
A.3120.0409.0106
Police - Consultant Services Violence
Against Women $0.00 $82,153.61 $82,153.61
Total General Fund Expenditure Increase $154,183.36
*Or as previously amended
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ORD18
ORDINANCE APPROVING SETTLEMENT OF TAX CERTIORARI
PROCEEDINGS INSTITUTED BY DAVID KIRZNER 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
David Kirzner 90.63-4-9 1 House Avenue
Section 2. The Corporation Counsel of the City of Troy is hereby
authorized to execute the necessary stipulations for the settlement of the
proceedings 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
ORD18
MEMORANDUM IN SUPPORT
TAXPAYER: David Kirzner
PROPERTY 1 House Avenue Parcel No. 90.63-4-9
ATTORNEY: Self represented
The property is a 1,980 sq. ft. two-unit residence at 1 House Avenue. The
property is 128 years old and has six bedrooms and two bathrooms and has an
assessed value of $73,500.
Petitioner is self-represented and owns other rental properties in the City of Troy.
A petition was filed challenging the 2017 assessment only. Three other petitions
were filed by petitioner; one petition was discontinued, the other two are
proceeding to trial on April 11, 2019, as the assessments are defensible.
Appraisal reports were prepared and filed and exchanged by both parties. The
City’s appraisal report, prepared by Jan Colabelli, supports a value of $58,000,
while Petitioner’s appraisal report, prepared by Diane Bryce, supports a market
value of $49,500. Both appraisers used sales and rents from comparable
properties in the City of Troy.
Under the terms of the settlement, the 2017 assessment would be reduced from
$73,500 to $58,000, and Petitioner would be entitled to a refund of excess taxes
paid, waiving statutory interest. This reduction would not affect subsequent
assessments.
The tax impact of the settlement is as follows:
Assessed Revised Total City
Value Value Refund/Liability Liability
$73,500 $58,000 $673.32 $216.38
ORD19
ORDINANCE TRANSFERRING FUNDS WITHIN THE 2019 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:
April 2019 Budget Transfers – General Fund
which is attached hereto and made a part hereof
Section 2. This act will take effect immediately.
Approved as to form March 13, 2019
James A. Caruso, Corporation Counsel
ORD19
MEMO IN SUPPORT
Throughout the fiscal year the Comptroller’s Office works with all departments within the City
for necessary budget transfers within the 2018 General Fund. This ordinance transfers funds
within the 2019 General Fund Budget for the following three reasons. Please note that the
number indicated below references to the name as indicated in the “Reference” column on the
Schedule attached hereto.
1. A transfer of $8,700 within the Recreation – Golf budget for the purchase of new
equipment.
Schedule A ORD19
April 2019 Budget Transfer – General Fund
Original Change Revised
Department Account No. Description Budget* (+/-) Budget Reference
Recreation - Golf A.7180.0200.0000.0000 Equipment 0.00 8,700.00 8,700.00 1
Recreation - Golf A.7180.0405.0068.0000 Rentals - Equipment 115,000.00 (8,700.00) 106,300.00 1
Net Impact On General Fund 0.00
* Or as previously amended
ORD22
ORDINANCE AUTHORIZING SETTLEMENT OF EIGHT SEPARATE WORKERS’
COMPENSATION CLAIMS, TO WIT: ANTONIO VELAZQUEZ vs. CITY OF TROY,
NEW YORK
WCB# 5970 1208, 5020 2088, 5040 7255, 5070 1863, 5081 0015,
G021 4797, G136 4882, G143 6324
The City of Troy, in City Council, convened, ordains as follows:
Section 1. The above named Claimant has commenced eight separate Workers’
Compensation Claims against the City of Troy alleging various job related
injuries between November 20, 1996 and December 2, 2015.
Section 2. Benetech, the City of Troy’s third-party administrator, is represented by the law
firm of Sullivan, Keenan, Oliver & Violando, who is authorized to settle the
above claims in a manner that conforms in all material respects with the New
York State Workers’ Compensation Law. The offices of Sullivan, Keenan, Oliver
& Violando shall obtain a signed Decision of the Workers’ Compensation Board
approving this settlement pursuant to Section 32 of the Workers’ Compensation
Law in full satisfaction of the claims prior to the payment of $120,000.00.
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 City of Troy’s Workers’ Compensation account, A9040.0809.
Section 4. This Ordinance shall take effect immediately.
Approved as to form, __________________________
___________________________________
James A. Caruso, Corporation Counsel
ORD22
MEMORANDUM IN SUPPORT
Antonio Velazquez is a former City of Troy employee who worked for the City for
approximately thirty (30) years. He has eight (8) separate Worker’s Compensation
claims against the City, seven (7) of which have been established, for various injuries
sustained during his employment.
Sullivan, Keenan, Oliver & Violando, LLP, outside counsel retained by Benetech, the
City of Troy’s third-party administrator, which handles Worker’s Compensation claims,
has advised the City of Troy that, should these various claims go to a Hearing before
the Worker’s Compensation Board, the City’s liability could be extensive, particularly in
light of the claimant’s age.
An agreement was negotiated by Sullivan, Keenan, Oliver & Violando, LLP, with direct
input from the City of Troy, and a tentative agreement has been reached with the
Claimant’s attorney to finally resolve all pending claims in one (1) Settlement. All of
these matters are being settled for a total of 120,000.00, in full satisfaction of all of the
Claimant’s claims. The City has been advised by outside counsel that there is a very real
and distinct possibility that a significantly higher award could be made in favor of the
Claimant by the Worker’s Compensation Board.
Thus, the recommendation to settle is strictly a practical business decision taken in full
consideration of the available facts and circumstances of these cases and to avoid the
potential for a significantly higher award in favor of the Claimant.
ORD20
ORDINANCE AMENDING THE 2019 GENERAL FUND BUDGET TO APPROPRIATE
FUNDS FROM THE WORKERS COMPENSATION RESERVE
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:
April 2019 Budget Amendment – Workers Compensation
which is attached hereto and made a part hereof
Section 2. This act will take effect immediately.
Approved as to form March 13, 2019
James A. Caruso, Corporation Counsel
ORD20
MEMO IN SUPPORT
This ordinance amends the 2019 General Fund Budget to appropriate funding from the City’s
Workers Compensation Reserve in the General Fund for the settlement of an outstanding
workers compensation case.
By using the reserve it allows for the City to use a one-time “revenue” source as a funding source
for a non-recurring expenditure.
The amount being transferred from the reserve is $110,000.
Schedule A ORD20
April 2019 Budget Amendment – Workers Compensation
Original Change Revised
Department Account No. Description Budget* (+/-) Budget
Revenues
Appropriated Fund Balance A.1000.8018.0000.0000 Appropriated Fund Balance 0.00 110,000.00 110,000.00
Expenditures
Workers Compensation A.9040.0809.0000.0000 Workers Compensation 400,000.00 110,000.00 510,000.00
Net Impact On General Fund 0.00
* Or as previously amended
ORD21
ORDINANCE AMENDING THE CITY OF TROY, NEW YORK TRAVEL POLICY
The City of Troy, convened in City Council, ordains as follows:
Section 1. The City of Troy, New York Travel Policy adopted January, 1997 and previously
amended May 1, 2006 is herein amended as set forth in attached entitled:
City of Troy, New York Travel Policy
which is attached hereto and made a part hereof
Section 2. This act will take effect immediately.
Approved as to form March 14, 2019
James A. Caruso, Corporation Counsel
ORD21
MEMO IN SUPPORT
This ordinance amends the City’s travel policy which was last amended on May 1, 2006 by the
then Troy City Council. The changes presented herein are based on what is used by New York
State along with guidelines provided from the State.
Some of the changes include:
1. An increased level of approval for travel within the City to now include both the Mayor
and the City Auditor.
2. Clarification on the reimbursement of meal expenses.
3. Additional forms to be completed which provides support for the travel reimbursements
being made by the City.
4. Clarifying the requirement that receipts must be submitted for all reimbursements within
specific thresholds.
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ORD23
ORDINANCE AMENDING THE SPECIAL GRANTS 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:
April 2019 Budget Amendments – Zoning Ordinance
which is attached hereto and made a part hereof
Section 2. This act will take effect immediately.
Approved as to form March 15, 2019
James A. Caruso, Corporation Counsel
ORD23
Memo In Support
This ordinance establishes the revenue and expenditure accounts within the Special Grants Fund
(CD Fund) for the Zoning Ordinance project. The contract for this project was awarded at the
March 2019 City Council meeting.
Funding is to be provided from a state grant with the remaining balance coming from the Troy
Redevelopment Foundation.
Schedule A ORD23
April 2019 Budget Amendments – Zoning Ordinance
Original Change Revised
Department Account No. Description Budget* (+/-) Budget
Revenues
Zoning Ordinance CD.1000.2705.8000.8342 Gifts & Donations 0.00 100,000.00 100,000.00
Zoning Ordinance CD.8000.3389.8000.8342 State Grant 0.00 100,000.00 100,000.00
Expenditures
Zoning Ordinance CD.8020.0409.8000.8342 Consultant Services 0.00 200,000.00 200,000.00
Net Impact On Special Grants Fund 0.00
* Or as previously amended
ORD24
ORDINANCE DECLARING CERTAIN CITY OWNED PROPERTY AS SURPLUS AND
DIRECTING THE COMPTROLLER TO DISPOSE OF SAID PROPERTY
The City of Troy, convened in City Council, ordains as follows:
Section 1. Pursuant to §C-41 (B) (8) of the City Charter, the item of City owned property,
described in the attached memorandum is herein declared to be surplus and the
City Purchasing Agent or a designee, is hereby authorized and directed to sell all
said property.
Section 2. The said property shall be sold “as is” for the highest bid price and on such
additional terms and conditions as shall be set by the City Comptroller.
Section 3. If no bidder or bidders are interested in any or all of said property, the City
Comptroller is hereby authorized to dispose of any such item.
Section 4. This ordinance shall take effect immediately.
Approved as to form March 15, 2019
James A. Caruso, Corporation Counsel
ORD24
MEMO IN SUPPORT
The City Purchasing Agent, or designee, works with the various City departments to identify and
dispose of such no longer useful property on a periodic basis.
ORD24
From: Eric.Mcmahon
Sent: Friday, March 15, 2019 2:38 PM
To: Selena.Skiba
Cc: Thomas.Scorsone
Subject: Surplus Equipment
Hi Selena,
We are looking to place a Fire Engine Out-of-Service/ Surplus. It has a broken frame rail at the
spring perch and cannot be repaired.
* Year: 1993
* Make: Sutphen
* VIN: 1S9A1BFD0P3003065
* Miles: 98,390
Let me know if you need anything further.
Thank you.
E.
Eric McMahon
Chief
Troy Fire Department
2175 6th Ave
Troy, NY 12180
518-270-4471 (Office)
518-331-3432 (Cell)
518-271-8193 (Fax)
Items to be Declared Surplus ORD24
Vehicles VIN # Department
1993 Sutphen Fire Engine 1S9A1BFD0P3003065 Fire
ORD25
ORDINANCE APPROVING SETTLEMENT OF TAX CERTIORARI
PROCEEDINGS INSTITUTED BY 19-25 SECOND 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
19-25 Second Street LLC 101.53-7-4 21 Second Street
101.53-7-5 25 Second Street
101.53-7-15 First Street
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
ORD25
MEMORANDUM IN SUPPORT
TAXPAYER: 19-25 Second Street LLC
PROPERTY 21 Second Street, 101.53-7-4 21 Second Street
ATTORNEY: Cathy Drobny, Esq., Albany
The property is the Pioneer Bank building at 21 Second Street. After Pioneer
moved its headquarters from the building, the property was sold to 19-25 Second
Street LLC in 2016 for $875,000. The first floor is still leased by Pioneer Bank;
the second floor and third floor are vacant, with the exception of two residential
apartments, one of which is occupied by the principal of the corporation.
The annual rent received by the owner from the bank and residential tenant is
$36,400. The property is assessed for $1,880,000. The owner has filed
proceedings challenging the assessment of the building at 21 Second Street for
2017 and 2018m as well as the assessment of two other adjacent lots.
After protracted negotiations, the owner has agreed to accept an assessment of
$900,000 for the property at 21 Second Street and will discontinue the
proceedings as to the two adjacent lots at 25 Second Street and First Street. As
part of the settlement, the owner will waive all refunds due from the City of Troy.
The tax impact of the settlement is as follows:
Assessed Revised Total City
Year Value Value Refund/Liability Liability
2017 $1,880,000 $900,000 $42,345.80 $13,553.40
2018 $1,880,000 $900,000 $42,571.20 $13,680.80
TOTAL $84,917.00 $27,234.20
RES. 22
RESOLUTION SUPPORTING MODIFICATION OF THE CSX RAILROAD
CROSSING ON MAIN STREET TO IMPROVE VEHICULAR, PEDESTRIAN
AND BICYCLE SAFETY IN CONJUNCTION WITH THE SOUTH TROY
INDUSTRIAL PARK ROAD PROJECT
Whereas, the City Council of the City of Troy, at a regular City Council meeting held on
February 1, 2001, passed Resolution #6 by a vote of 9 – 0, thus approving the project for the
construction of the South Troy Industrial Park Road between Main Street and Adams Street; and
Whereas, in conjunction with this project, the at-grade railroad crossing on Main Street by the
tracks of CSX Railroad (#508667S) was identified as deficient in providing a safe means of
crossing for vehicular, pedestrian and bicycle traffic; and
Whereas, on January 23, 2019, Mayor Patrick Madden sent a letter to New York State
Department of Transportation (NYSDOT) Commissioner Paul Karas requesting an
administrative hearing regarding the alteration of the aforementioned Main Street/CSX at-grade
railroad crossing pursuant to Section 90 of the Railroad Law; and
Whereas, pursuant to Section 91 of the Railroad Law, a resolution of the City Council
supporting this request is needed by the NYSDOT’s Office of Proceedings prior to a hearing
being convened to determine what actions should be taken on Mayor Madden’s request; and
Whereas, further, as part of the City’s support for this project, a local fiscal commitment of
$80,000 to support design, engineering, and construction components for crossing improvements
is required by the NYSDOT. This requisite local financial support toward improvements,
estimated to have a total cost of $600,000 to $800,000, is fixed, and anticipated to be required no
earlier than the 2020 calendar year;
NOW THEREFORE BE IT RESOLVED, that the City Council hereby supports the Mayor’s
request to alter the Main Street/CSX at-grade railroad crossing pursuant to Section 90 of the
Railroad Law, and commits to providing $80,000.00 to support design, engineering, and
construction components of said alterations, and hereby requests the NYSDOT’s Office of
Proceedings to schedule an administrative hearing to determine what actions shall be taken
concerning said request.
Approved as to form, April 4, 2019
______________________________________
James P. Caruso Esq., Corporation Counsel
RES22
Steven Strichman Patrick Madden
Commissioner Mayor
Department of Planning and
Economic Development
March 8, 2019
To: City Council
Re: South Troy Industrial Park Road
Alteration of the CSX at-grade railroad crossing (#508667S) on Main Street
From: Steven Strichman
Troy’s construction of the South Troy Industrial Park Road will result in increased vehicular,
pedestrian and bicycle traffic on Main Street and across Main Street’s CSX at-grade railroad
crossing. The CSX crossing will need to be upgraded because of our work. In order to keep this
year’s construction start on track, NYS must hold an administrative hearing on funding for the
rail upgrade.
On January 23, 2019, after discussion with the NYS NYSDOT Region 1 Rail Representative, the
NYSDOT Main Office Grade Crossing Safety and Regulation Section (Grade Crossing Section),
and CSX, Mayor Madden requested an Administrative Hearing be scheduled regarding the
alteration and improvement of the Main Street/CSX at-grade railroad crossing.
DOT has an annual allocation of funding for this project through the Section 130 Rail Safety
Program. The project is estimated to cost $600,000-$800,000 which will be paid for by New York
State with available funding. This is not a reimbursement grant and will be paid for by NYS as
expenses are incurred, however pedestrian enhancements are not eligible and the City is being
asked to provide $80,000 for this. This is routine practice for railroad improvement projects.
To keep the project on track, the following are needed:
1) Resolution from the City Council in support of amending the at-grade crossing to meet
current and future use and safety needs
2) Commitment of a fixed local share of project cost totaling $80,000
(total project cost estimated to be $600,000-$800,000).
I request approval of this needed Resolution and funding commitment at the April 4, 2019 City
Council meeting. A positive decision on this project from the Administrative Hearing would then
move the project into design, engineering, and construction of needed safety improvements to this
deficient at-grade railroad crossing.
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