City Council

TROY CITY COUNCIL FINANCE COMMITTEE AGENDA July 11, 2019 6:00 P.M. Pledge of Allegiance Roll Call Public Forum LOCAL LAWS ORDINANCES 54. Ordinance Transferring Funds Within The 2019 Garbage Fund Budget (Council President Mantello) (At The Request Of The Administration) 55. Ordinance Amending The General Fund And Capital Projects Fund Budgets (Council President Mantello) (At The Request Of The Administration) 56. Ordinance Transferring Funds Within The 2019 Water Fund Budget (Council President Mantello) (At The Request Of The Administration) 57. Ordinance Transferring Funds Within The 2019 General Fund Budget (Council President Mantello) (At The Request Of The Administration) 58. Ordinance Amending The Code Of The City Of Troy: Section 216-13 (Council President Mantello) (At The Request Of The Administration) 59. Ordinance Authorizing Settlement In Meyers vs. City Of Troy, New York (Council President Mantello) (At The Request Of The Administration) 60. Ordinance Amending The Code Of The City Of Troy: Chapter 39 (Council Member Kennedy) RESOLUTIONS 43. Resolution To Express Interest In A Capital Region Community Choice Aggregation (Energy) Program (Council Member Cummings, Council Member Kennedy) 44. Resolution Authorizing And Ratifying The Memorandum Of Agreement By And Between The City Of Troy And The Civil Services Employees Association (Council President Mantello) (At The Request Of The Administration) 45. Resolution Appointing Members Of The Troy Environmental Protection Commission (Council Member Kennedy, Council Member Cummings, Council Member Bissember) 46. Resolution In Support Of The Troy Public Library Grant Application To Conduct A Historic Structure Report (Council Member Cummings) 47. Resolution Authorizing The Mayor Or Designee To Enter Into A Contract With The Boys And Girls Club Of The Capital Area For The Purpose Administering And Operating The South Troy Pool Facility Until August 31, 2019 (Council President Mantello) (At The Request Of The Administration) 48. Troy City Council Supports Locating An Early Voting Site In The City Of Troy (Council President Mantello) 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. 35. Ordinance Amending The Code Of The City Of Troy: Section 83-5 C (Council President Mantello). Tabled 7 ayes, 0 nos, Finance Meeting, April 18.  ORD54 ORDINANCE TRANSFERRING FUNDS WITHIN THE 2019 GARBAGE 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: July 2019 Budget Transfers – Garbage Fund which is attached hereto and made a part hereof Section 2. This act will take effect immediately. Approved as to form July 1, 2019 James A. Caruso, Corporation Counsel  ORD54 MEMO IN SUPPORT Throughout the fiscal year the Comptroller’s Office works with all departments within the City for necessary budget transfers within the Garbage Fund in the 2019 fiscal year. This ordinance transfers funds within the 2019 Garbage Fund Budget for the following reason(s). 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 $2,000 within Special Recycling for vehicle expenses.  Schedule A ORD54 July 2019 Budget Transfer – Garbage Fund Original Change Revised Department Account No. Description Budget* (+/-) Budget Reference Special Recycling CL.8189.0304.0056.0000 Vehicle Expense - Gas 1,500.00 2,000.00 3,500.00 1 Special Recycling CL.8189.0405.0076.0000 Tipping Fees 45,000.00 (2,000.00) 43,000.00 1 Net Impact On Garbage Fund 0.00 * Or as previously amended  ORD55 ORDINANCE AMENDING THE GENERAL FUND AND CAPITAL PROJECTS FUND BUDGETS 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: July 2019 Budget Amendments – Street Paving Accounting which is attached hereto and made a part hereof Section 2. This act will take effect immediately. Approved as to form, July 11, 2019 ___________________________________ James A. Caruso, Corporation Counsel  ORD55 Memo In Support This ordinance changes the way revenues and expenditures are recognized for the annual street paving program. Historically the reimbursements the City receives from New York State for eligible paving costs are recognized in the General Fund with an Interfund Transfer to the Capital Projects Fund where expenditures are recorded. This ordinance amends the General and Capital Projects Fund budgets to allow for state revenues and corresponding expenditures to be recorded entirely in the Capital Projects Fund.  ORD55 Schedule A July 2019 Budget Amendments – Street Paving Accounting Original Change Revised Department Account No. Description Budget* (+/-) Budget General Fund Revenues State Aid A.5000.3501.0000.0000 CHIPS Program 1,174,676.30 (1,174,676.30) 0.00 Expendituers Interfund Transfer A.9950.0900.0000.0000 Capital Projects Fund 1,254,676.30 (1,174,676.30) 80,000.00 Net Impact On General Fund 0.00 Capital Projects Fund Revenues Interfund Transfer H.0000.5031.0639.0000 General Fund 1,174,676.30 (1,174,676.30) 0.00 State Aid H.5000.3501.0653.0000 CHIPS Program 0.00 1,174,676.30 1,174,676.30 Net Impact On Capital Projects Fund 0.00 * Or as previously amended  ORD56 ORDINANCE TRANSFERRING FUNDS WITHIN THE 2019 WATER 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: July 2019 Budget Transfers – Water Fund which is attached hereto and made a part hereof Section 2. This act will take effect immediately. Approved as to form, July 11, 2019 ___________________________________ James A. Caruso, Corporation Counsel  ORD56 THE CITY OF TROY INTER-OFFICE MEMORANDUM To: Andrew Piotrowski, Deputy Comptroller From: Chris Wheland, Superintendent of Public Utilities Subject: July 2019 Water Transfers Date: June 25, 2019 There are some transfers required for the August 2018 council meeting. These are to cover current expenses and in anticipation of future expenditures. All transfers associated with the Garage are for associated Parts, Supplies, and Repairs for vehicles. These transfers are anticipated to carry the department through the end of the year dependent on weather and emergencies. The transfer associated with Out of Grade Pay in Purification is due to retirements of operators and therefore another operator covering the supervision duties. If you have other questions please let me know. Cc: Patrick Madden, Mayor Monica Kurzejeski, Deputy Mayor  ORD56 Schedule A July 2019 Budget Transfers – Water Fund Original Change Revised Department Account No. Description Budget* (+/-) Budget DPU - Purification F.8330.0303.0000.0000 Other Material & Supplies 940,063.00 (65,000.00) 875,063.00 DPU - Transmission F.8340.0303.0000.0000 Other Material & Supplies 390,000.00 (7,000.00) 383,000.00 DPU - Garage F.1640.0304.0057.0000 Vehicle Expense - Parts 100,000.00 50,000.00 150,000.00 DPU - Garage F.1640.0304.0058.0000 Vehicle Expense - Repairs 40,000.00 20,000.00 60,000.00 DPU - Purification F.8330.0113.0000.0000 Out of Grade Pay 1,000.00 2,000.00 3,000.00 Net Impact On Water Fund 0.00 * Or as previously amended  ORD57 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 2019 budget is herein amended as set forth in Schedule A entitled: July 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, July 11, 2019 ___________________________________ James A. Caruso, Corporation Counsel  ORD57 MEMO IN SUPPORT Throughout the fiscal year the Comptroller’s Office works with all departments within the City for necessary budget transfers within the General Fund in the 2019 fiscal year. This ordinance transfers funds within the 2019 General Fund Budget for the following reason(s). 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 Insurance Recoveries to appropriate funds received from an insurance company for repairs needed to be completed. 2. A transfer from utilities within DPW Facilities to various accounts in DPW and Recreation for additional funding. 3. A transfer from Utilities – Street Lights in DPW Streets to fund additional costs of Other Materials & Supplies in DPW Streets and Utilities – Gas in Recreation – Golf Course. 4. A transfer from various accounts to add additional funding for gas costs related to vehicles in various DPW and Recreation departments. 5. A transfer within the Recreation – Parks department to fund additional necessary costs. 6. A transfer from salary savings in Permanent Salaries within a Recreation Department to Youth Services to fund costs related to the pools.  ORD57 Schedule A July 2019 Budget Amendments – General Fund Original Change Revised Department Account No. Description Budget* (+/-) Budget Reference Revenues Miscellaneous A.1000.2680.0000.0000 Insurance Recoveries 203,000.00 36,000.00 239,000.00 1 Expenditures DPW Traffic A.3310.0303.0000.0000 Other Material & Supplies 24,000.00 36,000.00 60,000.00 1 DPW Facilities A.1620.0303.0000.0000 Other Material & Supplies 41,500.00 5,000.00 46,500.00 2 Recreation - Golf Course A.7180.0304.0056.0000 Vehicle Expense - Gas 15,000.00 3,000.00 18,000.00 2 Recreation - Ice Rink A.7140.0401.0054.0000 Utilities - Gas & Electric 24,000.00 5,000.00 29,000.00 2 DPW Facilities A.1620.0401.0054.0000 Utilities - Gas & Electric 120,000.00 (13,000.00) 107,000.00 2 DPW Streets A.5110.0303.0000.0000 Other Material & Supplies 54,000.00 10,000.00 64,000.00 3 Recreation - Golf Course A.7180.0401.0054.0000 Utilties - Gas 12,000.00 13,000.00 25,000.00 3 DPW Streets A.5110.0401.0074.0000 Utilities - Street Lights 1,153,500.00 (23,000.00) 1,130,500.00 3 DPW Facilities A.1620.0304.0056.0000 Vehicle Expense - Gas 5,438.00 5,000.00 10,438.00 4 DPW Garage A.1640.0304.0056.0000 Vehicle Expense - Gas 15,021.00 8,000.00 23,021.00 4 Recreation - Parks A.7110.0304.0056.0000 Vehicle Expense - Gas 2,000.00 5,000.00 7,000.00 4 DPW Facilities A.1620.0401.0053.0000 Utilities - Telephone 275,000.00 (13,000.00) 262,000.00 4 DPW Traffic A.3310.0401.0072.0000 Utilities - Traffic Signals 70,000.00 (5,000.00) 65,000.00 4 Recreation - Parks A.7110.0404.0068.0000 Repairs - Equipment 7,000.00 4,000.00 11,000.00 5 Recreation - Parks A.7110.0401.0054.0000 Utilties - Gas 34,000.00 (4,000.00) 30,000.00 5 Recreation - Youth Services A.7310.0409.0000.0000 Consultant Services 119,000.00 15,000.00 134,000.00 6 Recreation - Ice Rinks A.7140.0101.0000.0000 Permanent Salaries 78,940.00 (15,000.00) 63,940.00 6 Net Impact On General Fund 0.00 * Or as previously amended  ORD58 ORDINANCE AMENDING THE CODE OF THE CITY OF TROY: SECTION 216-13 The City of Troy, in City Council, convened, ordains as follows: Section 1. Section 216-13 of the Code of the City of Troy is hereby amended as follows: 216-13 Pool use fees and Operating Hours. [Last amended 3-2-2006 by Ord. No. 2] A. The fees for use of the swimming pools located at South Troy and Knickerbacker Park during the public swimming hours, Monday through Sunday, are hereby established as follows: (1) Daily fees: City Residents: Children (under 18): $1; adults (age 13 and up): $2. Non –Resident: Adults (age 13 and up): $5 To determine resident rate acceptable forms of identification include: driver’s license, government-issued identification that includes an address, tax/utility bills, or a cancelled rent check showing a Troy address. A driver’s license showing a P.O. Box address will not be accepted as proof of City residence. (2) Pool Hours of Operation: 1. Monday through Friday – 12:30 p.m. to 6:30 p.m. Saturday and Sunday – 12:30 p.m. to 4:30 p.m. 2. The Commissioner may amend such hours of operation from time to time as he/she deems necessary to provide access to the public swimming facility during special conditions or events. Season pass: Children (under 18): $10. B. The fee for a season pass may be paid in two installments of $5 each. The first installment is payable for the first half of the season and the second installment is payable for the second half of the season. C. The Bureau of Parks and Recreation or its official operator may revoke the season pass of any child who demonstrates unruly behavior or whose actions create a safety risk for other persons using the pool facilities. If the Bureau of Parks and Recreation should revoke the season pass of a child, the child may either be prohibited from using the pool facilities or may be required to pay a daily fee, as the Bureau of Parks and Recreation determines appropriate.  ORD58 Section 2. This Ordinance shall take effect immediately Approved as to form July 11, 2019 _________________________________________ JAMES A. CARUSO, ESQ. Corporation Counsel  ORD58 Monica Kurzejeski Office of the Deputy Mayor Phone: (518) 279-7130 Deputy Mayor, City of Troy City Hall Fax: (518) 270-4546 Monica.kurzejeski@troyny.gov 433 River Street Troy, New York 12180 Support Memo for Legislative Changes to City Code 216 As the city completes the renovation of the South Troy Pool and enters into an arrangement with the Capital District Boys and Girls Club for operation of the pool, revisions to the City Code were necessary to update the fees for the pool. In addition, there is a reference to pool operating hours but none indicated in the current code. We’ve outlined the cost for the resident and non-resident adult use of the pool and also identified the operating hours of the facility. Fees: Resident Adult - $2 (ages 13+) Non Resident Adult - $5 (ages 13+) Operating Hours: Monday through Friday 12:30 p.m. to 6:30 p.m. Saturday and Sunday 12:30 p.m. to 4:30 p.m.  ORD59 ORDINANCE AUTHORIZING SETTLEMENT IN MEYERS VS. CITY OF TROY, NEW YORK The City of Troy, in City Council, convened, ordains as follows: Section 1. In early 2015, the above named Plaintiff commenced legal action stemming from an incident occurring upon illegally entering the premises owned by the City of Troy known as Leonard Hospital on June 14, 2014. Section 2. The City of Troy is represented by the law firm Pattison, Sampson, Ginsberg & Griffin, PLLC. After negotiations, the law firm of Pattison, Sampson, Ginsberg & Griffin, PLLC has reached a tentative agreement with the Plaintiff’s attorney to resolve this lawsuit for a total of $120,000.00. Section 3. The Corporation Counsel is authorized to settle the above litigation in a manner that conforms in all material respects with and in the amount identified in the attached Settlement Agreement and Mutual Release, including a Confidentiality Clause, which is subject to City Council approval, in full satisfaction of the subject claims upon payment. The Corporation Counsel shall also obtain a signed Stipulation of Discontinuing Action. Section 4. The Comptroller is authorized and directed to make, issue and countersign the required drafts as outlined in the Settlement Documents, said sums to be payable out of the Judgments and Claims Account. Approved as to form, July 11, 2019 ___________________________________ James A. Caruso, Corporation Counsel  ORD59 MEMORANDUM IN SUPPORT In the early morning hours of June 14, 2014, Jaclyn Meyers, accompanied by three (3) other persons, including Third-Party Defendant Joseph Gulli, illegally entered the premises owned by the City of Troy known as Leonard Hospital and went up to the roof of that building. While there, Ms. Meyers apparently stepped on, and fell through, a skylight in the surface of the Hospital roof. She sustained serious orthopedic injuries. Plaintiff’s lawsuit, seeking to recover damages for her personal injuries based upon the City of Troy’s alleged negligence, was commenced in early 2015. Discovery has been completed and the case is ready for trial. The City commenced a Third-Party action against Defendant Joseph Gulli and obtained a Default Judgment against him. Pattison, Sampson, Ginsberg & Griffin, PLLC, outside counsel retained by the City of Troy, has advised that, should this case go to a trial, the City’s liability could be extensive, particularly in light of the Plaintiff’s injuries and future economic loss. Outside counsel also advised that, notwithstanding the undeniable fact that Plaintiff was intoxicated on the date in question and that her comparative negligence certainly contributed to this accident and her subsequent injuries, a significantly higher award could be made in favor of the Plaintiff by the trial jury. An agreement was negotiated by outside counsel, with direct and frequent input from the City of Troy, and a tentative agreement has been reached with the Plaintiff’s attorney to finally resolve this lawsuit for a total of $120,000.00 In light of the foregoing factors, it is respectfully recommended that the settlement of this lawsuit be made as a strictly practical business decision taken in full consideration of all of the available facts and circumstances of this case, to avoid the costs and expenses of trial counsel and expert witnesses, and to avoid the potential for a significantly higher award in favor of the Plaintiff.  ORD60 ORDINANCE AMENDING THE CODE OF THE CITY OF TROY: CHAPTER 39 The City of Troy, in City Council, convened, ordains as follows: Section 1. Chapter 39 of the Code of the City of Troy, is hereby amended to replace the words “City of Troy Environmental Protection Commission” with “City of Troy Environmental Conservation Commission” throughout the entirety of the Chapter. Section 2. Section 39-3, paragraph “B” is hereby amended to provide and read as follows: The chair of the City Council’s Planning Committee, the Commissioners of Parks and Recreation, Departments of Public Works and Planning, General Services, as well as the City Solid Waste or Recycling Coordinator shall serve as ex officio members of the Commission and shall be available to the Commission in an advisory capacity upon request. Organizations such as the Rensselaer Land Trust shall have an ex officio seat on the Commission, as available. Section 3. This Ordinance shall take effect immediately. Approved as to form, July 11, 2019 _________________________________ James A. Caruso, Esq., Corporation Counsel  MEMO IN SUPPORT Chapter 39 of the Troy City Code, entitled “Environmental Conservation Commission,” however, it confusingly uses the term “Environmental Protection Commission” interchangeably. This amendment clarifies and unifies the naming. The Rensselaer Land Trust has expressed interest in working with this Commission and its shared goals, which will be mutually beneficial. This amendment creates a formal role for them. 2  RES43 RESOLUTION TO EXPRESS INTEREST IN A CAPITAL REGION COMMUNITY CHOICE AGGREGATION (ENERGY) PROGRAM WHEREAS, The City of Troy has already demonstrated leadership in the area of clean energy and combating climate change by resolving to be a Climate Smart Community and by completing five high impact action items to be designated a Climate Smart Community; and WHEREAS it would benefit the City of Troy to explore opportunities to further reduce energy use and carbon emissions; and WHEREAS the residents and businesses in the City would benefit from lower energy costs, greater price certainty, and a greater choice of energy sources including renewable sources; and WHEREAS Community Choice Aggregation (“CCA”) is a municipal energy procurement model approved by the New York State Energy Resource and Development Authority (NYSERDA) that allows local communities to create an entity that will become the default supplier of electricity for virtually all homes and small businesses within a City’s jurisdiction; and WHEREAS the CCA model puts control of choosing an energy supplier in local hands; and WHEREAS, by pooling demand, CCA enables communities to build the clout necessary to negotiate lower rates with private suppliers and are able to choose cleaner energy; and WHEREAS the CCA model offers increased price certainty over utility pricing; and WHEREAS efforts to establish a Capital Region CCA are underway under the guidance of regional experts, NYSERDA, and the Capital District Regional Planning Commission (CDRPC); and WHEREAS a Steering Committee to explore a Capital Region CCA has been formed to explore the issues surrounding the creation of a Capital Region CCA, interview potential CCA Administrators, and communicate with potential members of a future Capital Region CCA. NOW, THEREFORE BE IT RESOLVED, that the City of Troy seeks further opportunities to expand access of residents and businesses to renewable energy such as wind and solar; and BE IT FURTHER RESOLVED that the City of Troy seeks opportunities to reduce costs for energy to residents and businesses while also reducing greenhouse gas emissions; and BE IT FURTHER RESOLVED that the City of Troy seeks opportunities to increase cost certainty for residents and businesses; and  RES43 BE IT FURTHER RESOLVED, that The Troy City Council supports and encourages the formation of a Capital Region CCA for its potential to offer its residents and businesses lower energy costs and cost certainty while increasing their access to renewable energy and encouraging local economic benefits in the form of new renewable energy generation infrastructure; and BE IT FURTHER RESOLVED, that Michelle Rogat, member of the City of Troy’s Joint Task Force on Sustainability and Climate Smart Practices in Community Planning is hereby appointed by the Troy City Council to be the City’s representative on the Capital Region CCA Steering Committee in order to represent the City of Troy’s interests during this phase of the creation of a Capital Region CCA; and BE IT FURTHER RESOLVED, that the City of Troy’s Joint Task Force on Sustainability and Climate Smart Practices in Community Planning shall be tasked with overseeing and reporting on opportunities for Troy and our residents with regard to CCA. Approved as to form, July 11, 2019 ___________________________________ James A. Caruso, Corporation Counsel  RES43 Memo in Support: Community Choice Aggregation (CCA) can allows local governments to explore the options available in the energy supply service industry for customers to receive better collective rates and distributed energy resources (DER) for eligible energy customers in the community. The customers have the opportunity to opt out of the procurement for alternative supply service, and anyone can maintain their existing transmission and distribution service from a Utility provider. CCA will allow local governments to collaborate through a shared purchasing model to put out a collective bidding opportunity for the total amount of electricity and/or natural gas being purchased by eligible customers within the identified jurisdiction. Benefits for the customers include the opportunity to have more control to lower their overall energy costs, to spur clean energy innovation and investment, to improve customer choice and value, and to protect the environment, thereby fulfilling an important public purpose. There is no perceived negative impact or fiscal impact to the City for exploring CCA.  ORD44 RESOLUTION AUTHORIZING AND RATIFYING THE MEMORANDUM OF AGREEMENT BY AND BETWEEN THE CITY OF TROY AND THE CIVIL SERVICES EMPLOYEES ASSOCIATION ____________________________________________________________________________ The City of Troy, convened in City Council, ordains as follows: Section 1. The City of Troy and CSEA – Troy have successfully negotiated the terms of the “Memorandum of Agreement” dated June 13, 2019 attached hereto as Exhibit “A” and made a part hereof. Section 2. The members of the CSEA – Troy have ratified the proposed “Memorandum of Agreement” found in Exhibit “A” herein, and shall be bound by the terms of that agreement upon ratification of the City Council of The City of Troy and execution by the Mayor. Section 4. This act shall take effect immediately. Approved as to form, July 11, 2019 _____________________________________________ James A Caruso, Esq., Corporation Counsel RES44 RES44 RES44 RES44 RES44 RES44 RES44 RES44  RES45 RESOLUTION APPOINTING MEMBERS OF THE TROY ENVIRONMENTAL PROTECTION COMMISSION BE IT RESOLVED, that pursuant to Section 39-3 of the Code of the City of Troy, as amended by Ordinance No. 32, adopted by the City Council on May 2, 2019 and approved by the Mayor on May 10, 2019 (a copy of said Ordinance No. 32 is annexed hereto and made part hereof as Exhibit “A”), the Troy City Council hereby appoints the following members to serve on the Troy Environmental Protection Commission: 1. Charles Menzie 2. Elizabeth Moran 3. Elizabeth Burrichter 4. Emily Lenney 5. Hannah Landy 6. James Hebert 7. Kaleb Winters 8. Mark Russo BE IT FURTHER RESOLVED, that each such appointment shall be for a term of two years and shall take effect immediately. Approved as to form, July 11, 2019 ___________________________________ James A. Caruso, Corporation Counsel  RES45 Memo The City of Troy Environmental Preservation Commission was created by Chapter 39 "Environmental conservation Commission,” amended by the City Council on May 2nd and signed by the mayor on May 10th. § 39-3. Membership; terms of office; vacancies reads as follows: The Commission shall consist of eight members appointed by the City Council. Members shall serve terms of two years. The successors of all initial appointees shall be appointed for two years. Persons residing within the City of Troy who are interested in the improvement and protection of environmental quality shall be eligible for appointment as a member of the Commission. Vacancies on the Commission shall be filled in the same manner as the original appointment, except that a vacancy occurring other than by the expiration of term of office shall be filled only for the remainder of the unexpired term. The City Council Received letters of interest from citizens for over a month, and has selected 8 individuals with a complimentary set of skills, backgrounds, and interests to serve on this commission.  RES46 RESOLUTION IN SUPPORT OF THE TROY PUBLIC LIBRARY GRANT APPLICATION TO CONDUCT A HISTORIC STRUCTURE REPORT WHEREAS, The Troy City Council views the Hart Memorial building as a key element of the downtown cityscape, both for its historic character and for its role as the main branch of the Troy Public Library; and WHEREAS, the Hart building, as a historic structure, is considered to be one of the finest examples of Italian Renaissance style in the US, and features many large Tiffany windows, including the important Aldus window; and WHEREAS, The building attracts tourists and visitors to the downtown area, and is a source of pride for downtown residents. Its location between commercial downtown to the North and the residential areas to the South forms an important gateway between these two areas, in keeping with the Victorian character of the Historic Downtown district of Troy. Accordingly, it is considered a key element of the RiverSpark Heritage Area. Preservation of the Hart Building as a historic structure will clearly help the Downtown area remain a source of visitor/tourist interest as Troy develops further; and WHEREAS, In addition to its importance as a historic structure, the Hart Memorial building is an important resource in making downtown Troy a vibrant, livable, walkable city as the main branch of the Troy Public Library; and WHEREAS, The building provides (at no charge): a safe public space with access to WiFi, the only public restrooms in downtown Troy; public space for meetings and tutoring, educational programs for adults and children, and is a repository for historic artifacts dating to the earliest days of the City of Troy. These resources are all within easy walking distance of a diverse population, where more than 25% of Trojans are below poverty level; and WHEREAS, The planned preservation of the building will ensure that all of Troy’s residents have continued access to these resources in the context of Troy’s storied Victorian past and will ensure this building remains an important element in the built environment of downtown. NOW, THEREFORE BE IT RESOLVED that the Troy City Council supports a detailed evaluation of the building’s current condition as it will lead to a rational, informed strategy for maintaining the building and addressing many decades of deferred maintenance; and BE IT FURTHER RESOLVED THAT the Troy City Council supports the use of this study as a means to explore sensitive installation of modern HVAC systems in the Hart building so the Troy Public Library can serve as a public cooling/heating shelter for our vulnerable residents when weather conditions are extreme; and BE IT FURTHER RESOLVED THAT for all the reasons noted above, the proposed Historic Structure Report is an important step that will benefit all of Troy’s residents; and  RES46 BE IT FURTHER RESOLVED THAT the Troy City Council enthusiastically supports the CFA proposal by the Troy Public Library to the NY State Office of Parks, Recreation & Historic Preservation (OPRHP) Environmental Protection Fund Grants Program for Parks, Preservation and Heritage (EPF) for funding of a Historical Structures Report as a first step in preserving the Hart Memorial Building as a working library for the next 100 years in Troy. Approved as to form, July 11, 2019 ___________________________________ James A. Caruso, Corporation Counsel  RES46 Memo The Troy Public Library is applying to the NY State Office of Parks, Recreation & Historic Preservation (OPRHP) Environmental Protection Fund Grants Program for Parks, Preservation and Heritage (EPF) for funding (estimated to be $65-$75K, pending estimates) which will allow them to conduct a Historical Structures Report. The National Park Service describe a Historic Structures Report as follows: A historic structure report provides documentary, graphic, and physical information about a property's history and existing condition. Broadly recognized as an effective part of preservation planning, a historic structure report also addresses management or owner goals for the use or re-use of the property. It provides a thoughtfully considered argument for selecting the most appropriate approach to treatment, prior to the commencement of work, and outlines a scope of recommended work. The report serves as an important guide for all changes made to a historic property during a project-repair, rehabilitation, or restoration-and can also provide information for maintenance procedures. Finally, it records the findings of research and investigation, as well as the processes of physical work, for future researchers. Read more here: https://www.nps.gov/tps/how-to-preserve/briefs/43-historic-structure- reports.htm  RES47 RESOLUTION AUTHORIZING THE MAYOR OR DESIGNEE TO ENTER INTO A CONTRACT WITH THE BOYS AND GIRLS CLUB OF THE CAPITAL AREA FOR THE PURPOSE ADMINISTERING AND OPERATING THE SOUTH TROY POOL FACILITY UNTIL AUGUST 31, 2019 ______________________________________________________________________________ WHEREAS, it is the desire of the parties defined herein to enter into this agreement, attached hereto and made a part herein, and WHEREAS, the City Council desires to formalize this relationship by allowing the execution of the contract between the City of Troy and The Boys and Girls Club of the Capital Area, NOW, THEREFORE BE IT RESOLVED, the City Council of the City of Troy hereby authorizes the Mayor or designee to enter into a contract with The Boys and Girls Club of the Capital Area to administer and operate its South Troy Pool Facility until August 31, 2019, effective immediately. Approved as to form, July 11, 2019 ______________________________________ James A. Caruso, Esq., Corporation Counsel  RES47 Monica Kurzejeski Office of the Deputy Mayor Phone: (518) 279-7130 Deputy Mayor, City of Troy City Hall Fax: (518) 270-4546 Monica.kurzejeski@troyny.gov 433 River Street Troy, New York 12180 Memo of Support for Operating Agreement with the Capital District Boys and Girls Club for the South Troy Pool The City is looking to enter into an operating agreement with the Capital District Boys and Girls Club for the operation of the South Troy Pool. This agreement is a similar agreement that is currently being done in Schenectady for the operation of their pools. The benefits of working with the Boys and Girls Club include their connection to the youth of the City and the neighborhoods; they currently own and operate a swimming facility and are trained and equipped to operate ours; their ability to hire and train the staff to operate the facility; and finally their ability to provide lunch and snack on the site for youth. The cost of this operation will be covered through the Troy Redevelopment Foundation and an additional budget transfer to the General Fund – Youth Services that has been added to the agenda. The cost associated in the document is an estimate as the pool operating hours might flex due to weather conditions whether bad weather comes and we have to close the facility or when extreme weather occurs and we extend operating hours for the facility.  RES47 The City of Troy, New York Operating Agreement South Troy Pool This agreement is made by and Between the City of Troy, New York (the “City”) and the Boys and Girls Club of the Capital Area, hereinafter referred to as the “Operator”. WHEREAS, the Operator desires to enter into an agreement with the City for the operation of the City- owned and controlled swimming pool and associated facilities beginning the ___ day of July, 2019 and ending the 31st day of August, 2019 at the South Troy Pool. Now, therefore, in consideration of the foregoing and other valuable consideration, the receipt of which is hereby acknowledged, the parties agree as follows: 1. The City agrees to allow the Operator to administer and operate the South Troy Pool facility, for the duration of the contract term. 2. The Operator agrees to comply with the attached Terms and Conditions. Executed in duplicate this ____ day of ______, 2019. By: __________________________________ By: __________________________________ Wm. Patrick Madden, Mayor Operator Representative City of Troy, New York Boys and Girls Club of the Capital Area 433 River Street, Suite 5000 1700 7th Avenue Troy, New York 12180 Troy, New York 12180 1  RES47 Terms and Conditions SECTION 1: CONTRACT TERM For the purposes of this agreement, the term of the contract begins on June 1, 2019 and ends on December 31, 2019. For the 2019 Summer Season, the Operator agrees to operate the City’s pools from July ___, 2019 to August 31, 2019. SECTION II: REQUEST FOR FACILITIES Prior to completion and enforcement of this Agreement, the Operator must submit the following: 1. Proof of the Operator’s status as a not-for-profit 501 C-3 organization 2. Contact information for the Operator, specifically for those people who will be involved in carrying out the terms of the Agreement. 3. Proof of public liability insurance, the requirements of which are outlined in Section V. Additionally, a representative of the Operator must have a meeting with the Commissioner of General Services to discuss terms of maintenance. These terms will become a part of the final operating agreement. SECTION III: PERSONNEL AND BACKGROUND CHECKS A. The City is committed to maintaining a safe and secure environment for the users of its facilities. As such, all Operators are required to conduct a background check for each of its employees who are over the age eighteen (18) and who will come into direct contact with patrons under the age of eighteen (18) at a City-owned facility as part of a City-sponsored activity program, including programs funded in any amount by City funds. B. The minimum background check process shall include, but not be limited to, the following checks 1. Social Security Number (SSN) Validation and Address History; 2. National Criminal Database; 3. County Felony and Misdemeanor for the past seven years of residence history; and 4. National Sexual Offender Registry Search. C. The City retains the right to request Background Check information on any employee of the operator and at any time. Additionally, the City reserves the right to audit an Operator’s background check process. D. A failure to comply with the terms of this section is grounds for the immediate termination of this Contract, without notice. SECTION IV: TERMS OF OPERATION A. Hours: The Operator hereby agrees to open the premises to the General Public, for the duration of the agreement, a minimum of four hours per day, Monday through Saturday. 2  RES47 B. Rules: All persons entering and using the pool facility shall comply with all applicable rules, regulations and ordinances of the City of Troy and such reasonable rules and regulations imposed by the Operator. C. Staff: The Operator shall hire, train, provide, and supervise adequate lifeguards, and such other staff and personnel as shall be necessary and/or required to provide adequate water safety and a safe recreational environment for the public. D. Private Use by Operator: The Operator may offer the use of the pool facility to its members and invitees at all times when the facility is not open to the general public, provided it continues compliance with the terms set forth in Section II Sub-Section A E. Payment Schedule: The total value of this contract is $_________ to be disbursed from the City’s Operating Budget; the City agrees to make payment as follows: 1. ________ will be paid at the time the Agreement is signed by all parties and upon receipt of an invoice from the Operator; and 2. ________ will be paid upon receipt of an invoice and within 30 days of the end of the operating season: September _____, 2019. SECTION V: FACILITY MAINTENANCE A. The Operator will keep and maintain the premises in good condition: clean, sanitary, and suitable for public pool operation, and shall bear the expense thereof. The purpose of this clause it to promote enhanced cleanliness and tidiness at all City-owned facilities. B. The City will remain responsible for the maintenance of public restrooms at the facility governed by the agreement. C. The City will purchase and provide chlorine as may be required to satisfy public health and safety requirements imposed by any federal, state, or local law. D. The Operator must allow the City to enter the premises to repair, inspect, install, or work upon any fixture or equipment at said premise, and to perform such other work that the City deems necessary. E. The Operator will promptly notify the City of any fire, accident involving the premise, and dangerous and/or defective conditions. F. The Operator will maintain a log, listing reported injuries of members of the general public while the Operator opens the facility to the public under the terms of this Agreement. G. The manner of use of the premises shall be subject, at all time, to the rules and regulations of the City’s Commissioner of General Services and/or his/her designee, who shall have the right, upon reasonable notice, to inspect the premises. SECTION VI: RELATIONSHIP BETWEEN THE CITY AND OPERATOR A. No member, officer, or employee of the City, its designees or agents; or member of the City Council of the City of Troy; and no other public official of the City who exercises any functions or responsibilities with respect to the program curing his/her tenure and for one (1) year thereafter, shall have any interest, direct or indirect, in any contract, sub-contract and the proceeds thereof, for work to be performed under this agreement. B. The Operating Organization, its employees, volunteers, designees, and agents are deemed independent contractors and, therefore, are not considered agents or employees of the City. As such, they shall not attain any rights or benefits under the Civil Service or Pension Ordinance of the City, or any rights generally afforded to neither a classified or unclassified employee nor any 3  RES47 health insurance benefits. Furthermore, they are not entitled to Worker’ Compensation Benefits as an employee of the City of Troy. SECTION VII: INSURANCE REQUIREMENTS A. The Operator agrees to provide and maintain insurance throughout the term of this agreement and in the following insurance amounts: 1. Commercial General Liability: Limits of Insurance of not less than $1,000,000 each occurrence and $2,000,000 annual aggregate; and 2. Commercial Umbrella Liability: Limits of Insurance of not less than $1,000,000; and 3. Sexual Abuse Molestation Liability: Limits of Insurance of not less than $1,000,000; and 4. Workers Compensation and Employers Liability with limits of not less than $100,000 each accident for bodily injury by accident and $100,000 each employee for injury by disease. B. Operating organization agrees that with respect to the required insurance: 1. Said coverage will be in an insurance policy from an A.M. best rated “Excellent” or better insurer, licensed in New York State. 2. Said policy shall state that the organization’s General Liability and Umbrella coverage shall be primary and non-contributory coverage for the Municipality, its Council, employees, and volunteers. 3. The City will be named as additional insured on organization’s General Liability and Umbrella policy by using endorsement CG 2026 or an equivalent thereof; 4. The Operator will have a Waiver of Subrogation issued favoring the City on the General Liability Policy, Automobile Policy, Workers Compensation, Employee’s Liability and Umbrella insurance maintained per the requirements. 5. The Operator will provide thirty (30) days advance written notice of cancellation or material change and; 6. The Operator will provide the City with Certificates of Insurance evidencing that the insurance requirements have been met prior to the commencement of the Agreement and, thereafter, with certificates evidencing renewals or replacements of said policies of insurance at least fifteen (15) days prior to the expiration or cancellation of any such policies. 7. The Operator agrees to indemnify the City for any applicable deductibles and self-insured retentions. 8. The Operator acknowledges that failure to obtain such insurance on behalf of the City constitutes a material breach of contract and subjects it to liability for damages, indemnification, and all other legal remedies available to the City. The Operator is to provide the City with a certificate of insurance evidencing the requirements laid out in Section Five, Sub-Section A have been met, prior to the commencement of work or use of its facilities. ** It is strongly recommended that each operator have a supplemental accident policy for participants** C. Notices and Certificates of Insurance will be provided to the Commissioner of General Services, City of Troy, 433 River Street, Troy, New York 12180. 4  RES47 SECTION VIII: MISCELLANEOUS 1. Indemnification: The using organization agrees to indemnify and hold harmless the City, its officers, agents, and employees from and against any and all claims, demands, actions, damages, losses, costs, liabilities, expenses, and judgments including death claims recovered from or asserted against the City, for personal injury court costs or damage to persons or property incidental to, arising out of, or caused directly or indirectly in whole or in part by an act, omission, negligence, or misconduct by the Operating organization or any of its agents, servants, employees, contractors, patrons, guests, or invitees whether based upon the alleged joint and or concurrent negligence of the City and Operating organization arising out of the incident to using organization’s use of the facilities covered by the Agreement. 2. Force Majeure: If City facilities, or any portion thereof, are destroyed or damaged by fire or other calamity so as to prevent the use of the facility for the purposes intended and during periods specified by this Agreement or if the use of the Facility by the Operating Organization will be prevented by an act of God, strike, lockout, material or labor restrictions by any governmental authority, civil riot, flood or any other cause beyond the control of the City then this Agreement will terminate. The City will not be liable or responsible to the Operating Organization for any damages caused thereby and the Operating Organization hereby waives any claim against the City for damages by reason of such termination. 3. Governing Law: The validity of this Agreement and any of its terms and provisions, as well as the rights and duties of the parties, shall be governed by the laws of the State of New York and venue for any action concerning this Agreement shall be in the Rensselaer County Supreme Court of Troy, New York. 4. Compliance: The Operator covenants and warrants that it will comply with all applicable laws, ordinances, codes, rules, and regulations of the local, state, and federal governments. The Operator agrees to comply with all law, orders, rules, requests, and directions made by governmental authorities and insurance groups. This includes, but is not limited to: The City of Troy Office of General Services, the Fire and Police Departments, the City Building Inspector and/or his designee, and the Rensselaer County Department of Health. 5. Termination: This agreement may be terminated by either party by providing the other Party with thirty (30) days prior written notice. Should this agreement be terminated during the 2019 Summer Season the City shall remit monies to the Operator to cover the expenses for the operation of the pools during the season. Documentation for the expenses shall include paid receipts and certified payroll reports. 6. Notice: Any notice required or permitted to be delivered hereunder shall be deemed received when sent in the United States Mail Postage Prepaid Certified Mail Return Receipt Requested or by hand delivery or addressed to the respective party at the address set forth opposite the signature of the party. 7. Severability: In the event that any section, subsection, paragraph, sentence, phrase, or word herein is held invalid, illegal, or unconstitutional, the balance of the Agreement shall stand, shall be enforceable, and shall be read as if the parties intended at all times to delete said invalid section, subsection, paragraph, sentence, phrase, or word. 8. Assignment: This Agreement may not be assigned by the Operating organization. 5  RES48 TROY CITY COUNCIL SUPPORTS LOCATING AN EARLY VOTING SITE IN THE CITY OF TROY ______________________________________________________________________________ WHEREAS, NYS passed an early voting law; and WHEREAS, this law takes effect on the 2019 general election; and WHEREAS, Troy should be included as an early voting site for the 2019 general election; and WHEREAS, Rensselaer County Board of Elections has selected two early voting sites outside the City; and WHEREAS, Troy is the largest voting municipality in the county and should provide citizens an opportunity for early voting in the city; and WHEREAS, an early voting site in Troy will make it easier for all residents to participate in the 2019 general election for voting on candidates and issues, such as Sanctuary City; and WHEREAS, the legislation upon being adopted should be sent forthwith to the Rensselaer County Board of Elections; and THEREFORE BE IT RESOLVED, that the Troy City Council supports locating an early voting site in the City of Troy for the 2019 general election. Approved as to form, July 11, 2019 ______________________________________ James A. Caruso, Esq., Corporation Counsel