City Council

TROY CITY COUNCIL FINANCE COMMITTEE AGENDA April 4, 2019 5:30 P.M. Pledge of Allegiance Roll Call Public Forum Report from the City Council Special Committee on the Creation of a Dog Park Preliminary 4th Quarter Financial Report – Deputy Comptroller Andrew Piotrowski LOCAL LAWS ORDINANCES 26. Ordinance Authorizing And Ratifying The Employment Memorandum Of Agreement By And Between The City Of Troy, New York And The City Of Troy Command Officers Association (COATS) And UPSEU (Council President Mantello) (At The Request Of The Administration) RESOLUTIONS 23. Resolution To Proclaim April 2019 As Autism Awareness Month In The City Of Troy (Council President Mantello) 24. Resolution Appointing Commissioners Of Deeds For The City Of Troy (Council President Mantello) 25. Resolution Authorizing The Deputy Mayor To Execute A Contract With The Chazen Companies To Design Five Riverfront Sites (Council President Mantello) (At The Request Of The Administration) 26. Resolution Of City Council Approving Home Rule Request Regarding Amendment Of New York State Tax Law And Authorizing Forwarding Of Same To New York State Legislature (Council Member Cummings) (At the Request of the Administration) 27. Resolution Appointing Debra Garrett To The Vacant City Council Position (Council Member Cummings) 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, 0 nos, Finance Meeting, January 10. 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. Finance Meeting, March 21. 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. Finance Meeting, March 21.  Ord. 26 ORDINANCE AUTHORIZING AND RATIFYING THE EMPLOYMENT MEMORANDUM OF AGREEMENT BY AND BETWEEN THE CITY OF TROY, NEW YORK AND THE CITY OF TROY COMMAND OFFICERS ASSOCIATION (COATS) AND UPSEU The City of Troy, convened in City Council, ordains as follows: Section 1. The City of Troy, New York and the City of Troy Command Officers Association and UPSEU have successfully negotiated the terms of a “Memorandum of Agreement” extending the Labor Agreement which expired December 31, 2017, which “Memorandum of Agreement” is attached hereto as Exhibit “A” and made a part hereof. Section 2. This act will take effect immediately. Approved as to form March 29, 2019 James A. Caruso, Corporation Counsel  RES23 RESOLUTION TO PROCLAIM APRIL 2019 AS AUTISM AWARENESS MONTH IN THE CITY OF TROY, IN CONJUNCTION WITH NATIONAL AUTISM AWARENESS MONTH AND WORLD AUTISM AWARENESS DAY, APRIL 2, 2019 WHEREAS, each April for the past five decades, National Autism Awareness Month has elevated awareness and educated the public about autism and issues within the autism community; and Whereas, the City Council continues to be committed to the "Think Differently" initiative to encourage more inclusiveness and accessibility for the developmental disabilities and special needs community; and; WHEREAS, one in 68 children in the United States is affected by autism, Asperger's or Pervasive Developmental Disorder Not Otherwise Specified (PDD-NOS), estimated by the Centers for Disease Control and Prevention (CDC); and WHEREAS, parents tend to overlook the early signs of autism spectrum disorders, assuming their child is just going through a phase or having an off day; and WHEREAS, it is important for parents to differentiate these assumptions from the symptoms, which can present in many different forms; and WHEREAS, Autism is a spectrum disorder, meaning there can be great variation in the way it affects people; each child on the autism spectrum possesses unique abilities, symptoms and challenges, according to autism expert Dr. Willis Holloway; and WHEREAS, many children on the spectrum often share common core symptoms which include: impaired social interactions, such as reluctance to join group activities at school, not being aware of the needs of others, impaired communication and other impairments; and WHEREAS, medications are available for some common behavioral symptoms like irritability or anxiety, there are no FDA-approved drugs to treat any of the core symptoms of these conditions; and WHEREAS, Autism is a disease with significant unmet patient needs and is a complex developmental disability that typically appears during the first three years of life and affects a person's ability to communicate and interact with others; and WHEREAS, Autism is defined by a certain set of behaviors and is a spectrum disorder that effects individuals differently and to varying degrees; and WHEREAS, there is no known single cause of autism; in March of 2012, the Centers for Disease Control and Prevention issued their ADDM autism prevalence report which concluded that the prevalence of autism had risen to one in every 68 births in the United States and almost one in 54 boys; and  RES23 WHEREAS, it is imperative that there be greater public awareness of this serious health issue, and more must be done to increase activity at the local, State and national levels; now, therefore, BE IT RESOLVED, that the Troy City Council proclaims April 2019, as Autism Awareness Month in the City of Troy, in conjunction with National Autism Awareness Month. Approved as to form, April 4, 2019 ______________________________________ James A. Caruso, Esq., Corporation Counsel  RES24 RESOLUTION APPOINTING COMMISSIONERS OF DEEDS FOR THE CITY OF TROY BE IT RESOLVED, that the City Council hereby appoints the following people, as identified in the attached applications hereto and made a part hereof, Commissioners of Deeds for the City of Troy for two-year terms from April 4, 2019 to March 31, 2021. Laura L. Bauer 20 Hawthorne Avenue Troy, New York 12180 Danielle Burns (Business) 547 River Street, 2nd Floor Troy, New York 12180 Philip Gordon (Business) 547 River Street, 2nd Floor Troy, New York 12180 Theresa Russman 54 Parkview Court Troy, New York 12180 Approved as to form, April 4, 2019 ______________________________________ James A. Caruso, Esq., Corporation Counsel RES24 RES24 RES24 RES24  RES25 RESOLUTION AUTHORIZING THE DEPUTY MAYOR TO EXECUTE A CONTRACT WITH THE CHAZEN COMPANIES TO DESIGN FIVE RIVERFRONT SITES WHEREAS, the City solicited proposals from qualified vendors to undertake a design study of five sites including Riverfront Park, Green Island Gateway, Marina North, Lansingburgh Waterfront Park and Ingalls Avenue Shoreline Park; and WHEREAS, 6 submissions were received; and WHEREAS, a team led by The Chazen Companies submitted a proposal in response; and WHEREAS, The Chazen Companies 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 the Chazen Companies, in substantial conformance with the contract attached hereto and made a part hereof. Approved as to form, April 4, 2019 ______________________________________ James A. Caruso Esq., Corporation Counsel  RES25 Steven Strichman Patrick Madden Commissioner Mayor Department of Planning and Economic Development March 8, 2019 To: City Council Re: Comprehensive Plan Implementation: Contractor Selection From: Steven Strichman, Commissioner of Planning and E.D. On April 11, 2017, Grant Agreement C1000683 with the New York State Department of State entitled “Comprehensive Plan Implementation” was approved by the Council through Resolution #44. In addition to supporting a comprehensive zoning update, this grant provides funding for services to develop designs and their respective plans that are ultimately taken to construction. A Request for Proposals was solicited for the production of architectural / engineering drawings and specifications and supporting elements for the following sites:  Riverfront Park Front Street - creation of a plan to repurpose the area around the current Uncle Sam Bus Stop as it relocates into the Uncle Sam parking garage building;  Green Island Bridge Gateway - to serve as the main gateway into the city;  Marina North - extend the Riverfront Park North plan from just north of the Green Island Bridge to the area immediately past Hoosick Street, with the ultimate goal of continuing a pedestrian connection from the downtown area to the planned Ingalls Avenue Boat Launch; and  Lansingburgh Waterfront Park - expansion of the park north of the existing boat dock and launch with a new ribbon park at 123rd Street extending to 126th Street / Waterford Bridge. An alternate in the RFP was the Ingalls Avenue Shoreline Park, a narrow area stretching across the Hudson River shoreline from Middleburgh Street to Ingalls Avenue as an adjunct to the planned Ingalls Avenue Boat Launch.  RES25 The six responses were received as follows: Base Bid Alternate - Joy Kuebler, Landscape Architect $ 321,503 $ 60,382 - NY/CPL Architecture Engineering $ 47,325 $ 5,576 - Weston & Sampson $ 150,800 $ 40,550 - Maser Consulting $ 196,418 $ 38,816 - CHA Consulting, Inc. $ 150,400 $ 44,500 - The Chazen Companies $ 126,000 $ 32,000 An evaluation was performed by Planning Department staff Steve Strichman, James Rath, and Andrew Kreshik. Review elements considered were approach / plan, key personnel, relevant experience / depth, deliverables, cost relative to work required, familiarity with area / travel, and comfort / trust. Cost relative to work required was further reviewed to assess total project hours proposed versus price extended. The eight project elements with time commitment are site recon, schematic design, public meeting, construction requirement analysis, EQ review, draft final designs, final design docs, and permits. An analysis of hours committed to each task by each submitter was undertaken. When compared to similar projects the team felt that the NY/CPL did not provide sufficient hours for Public Outreach, Construction Requirements Analysis and Draft Final Designs. As such, this firm’s proposal was not considered responsible. The overall ranking evaluation was as follows: The second lowest bid was received from the Chazen Companies. Having scored the highest on the response evaluation, and equitably committing almost 1,000 hours toward the work outlined in the grant in the base bid, the team recommends the Chazen Companies be approved for a service contract with the city on this portion of the Comprehensive Plan Implementation grant at the April 4, 2019 City Council meeting.  RES26 RESOLUTION OF CITY COUNCIL APPROVING HOME RULE REQUEST REGARDING AMENDMENT OF NEW YORK STATE TAX LAW AND AUTHORIZING FORWARDING OF SAME TO NEW YORK STATE LEGISLATURE WHEREAS, the New York State Tax Law does not contain a provision for a City of Troy Hotel and Motel Tax; and WHEREAS, it is the preference of the City of Troy that there be enacted a City of Troy Hotel and Motel Tax; and WHEREAS, the City of Troy desires that the New York State Tax Law be amended to add a provision establishing a City of Troy Hotel and Motel Tax Law in §1202-ff; and WHEREAS, the City of Troy does not have the legislative authority to amend a State law and, as such, an amendment must be enacted by the New York State Legislature; and WHEREAS, the submission of a Home Rule Request to the State Legislature is a prerequisite to consideration by the State Legislature of such a requested amendment to the New York State Tax Law; WHEREAS, such a Home Rule Request must be supported by a majority vote of the Troy City Council. NOW, THEREFORE, BE IT RESOLVED, that the attached Home Rule Request seeking to amend the New York State Tax Law is hereby approved by the Troy City Council; and BE IT FURTHER RESOLVED, that the Mayor of the City of Troy is hereby authorized to forward the attached Home Rule Request to the State Legislature for its consideration. Approved as to form, April 4, 2019 ________________________________ James A. Caruso, Esq., Corporation Counsel  MEMORANDUM IN SUPPORT Article 9 of the New York Constitution prohibits the State Legislature from passing legislation that affects the property, affairs, and government of a certain specific local governments unless the State Legislature has received a request to pass the legislation from the local government involved. This request is known as a “Home Rule Request” or “Home Rule Message”. The “Resolution of City Council Approving Home Rule Request Regarding Amendment of New York State Tax Law and Authorizing Forwarding Of Same to New York State Legislature”, is a Home Rule Request to the New York State Legislature by the Troy City Council seeking an amendment to Section 1202-ff of the New York State Tax Law authorizing the City of Troy to implement a Hotel and Motel Tax Law, hereinafter simply referred to as the “City of Troy Hotel Tax”. The City of Troy Hotel Tax authorizes the collection of a tax from hotels, motels, bed & breakfast establishments, and the like, that are located in the City of Troy and provides a means to generate more revenue from tourism. There are other municipalities throughout the State of New York that have a similar Hotel Tax and the rate assessed by the City of Troy Hotel Tax is certainly within the parameters of the tax rates imposed by those other municipalities. This particular Legislation has been introduced in the New York State Assembly, A2853 (McDonald), and the New York State Senate, S2622 (Breslin). As the City of Troy will benefit from the tax revenue generated by the Hotel Tax, it is strongly recommended that this Resolution Approving the Home Rule Request be approved by the Troy City Council.  RES27 RESOLUTION APPOINTING DEBRA GARRETT TO THE VACANT CITY COUNCIL POSITION WHEREAS, the Mayor and the City Council received a written notice of resignation from Council Member Mark McGrath, dated February 4, 2019, resigning his position with the City Council; and WHEREAS, on February 7, 2019, the City Council declared the Council Position for District 2 to be vacant as a result of the resignation of Councilmember McGrath; and WHEREAS, under § C-1, Section D of the City Charter, vacancies on the Council are to be filled by appointment by a majority of the incumbent members of the Council; and WHEREAS, under § C-1, Section D of the City Charter, the term of the person appointed shall be for a term expiring on December 31 of the first year at which the vacancy can be filled in a general election, NOW THEREFORE BE IT RESOLVED, that Section 1. The Council hereby appoints Debra Garrett to fill the District 2 Councilmember position for the uncompleted term, commencing immediately and continuing until December 31, 2019. Section 2. The Resolution is effective immediately upon its adoption. Approved as to form, April 4, 2019 ____________________________ James A. Caruso, Esq. City of Troy Corporation Counsel