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City Council

Regular Meeting

Troy, NY · February 20, 2020

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Minutes

Minutes of the TROY CITY COUNCIL FINANCE COMMITTEE February 20, 2020 6:00 P.M. The meeting was called to order at 6:15 p.m. by Council President Mantello. Pledge of Allegiance Roll Call: The roll being called, the following answered to their names: Council Member Gulli, Council Member Ashe-McPherson, Council Member Steele, Council Member Cummings, Council Member Zalewski, Council Member McDermott, Council President Mantello, Chair. In attendance were Mayor Patrick Madden, Deputy Mayor Monica Kurzejeski, Corporation Counsel James Caruso, Deputy Comptroller Andrew Piotrowski, and Assessor Sharon Martin. Approximately 6 members of the public attended. Council Member Zalewski made a motion to dispense with the reading of the minutes of prior meetings and approve as posted. Public Forum:  Carl Cacciotti, Troy, regarding Ordinance 15  Joe Durkin, Troy, regarding Ordinance 15 1. A Local Law To Add A Section To The General Law Of The City Of Troy, Authorizing The Creation Of A Community Choice Aggregation Program, And Adopting Certain Provisions To Facilitate Program Implementation (Council Member Cummings, Council President Mantello, Council Member Zalewski) For introduction only. 81. (2019) Ordinance Amending The Code Of Troy, Article II Chapter 247 Zoning, Section 247-5-7 “Permits” (Council Member Cummings) (At The Request Of The Administration) Ordinance Passed 5 Ayes, 0 Nos, 2 Absences (Paratore, Kennedy), October 3, 2019 Ordinance amended to replace “City Clerk” with “Commissioner of General Services” in last paragraph, 7 ayes, 0 nos, 0 abstentions. 12. Ordinance Authorizing And Directing Sales By The Proposal Sale Method Of City- Owned Real Property (Council President Mantello, Council Member Steele) (At The Request Of The Administration) Ordinance passed 7 ayes, 0 nos, 0 abstentions. 13. Ordinance Authorizing And Directing The Reconveyance Of 631 Seventh Avenue (Council President Mantello) (At The Request Of The Administration) Ordinance passed 7 ayes, 0 nos, 0 abstentions. 14. Ordinance Authorizing The City To Create A Capital Project And Amending The Capital Projects Fund Budget To Allow Funding For Said Capital Project (Council President Mantello) (At The Request Of The Administration) Ordinance passed 7 ayes, 0 nos, 0 abstentions. 19. 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 7 ayes, 0 nos, 0 abstentions. 15. Ordinance Authorizing And Directing Sales By The Proposal Sale Method Of City- Owned Real Property (Council President Mantello) (At The Request Of The Administration) Ordinance passed 7 ayes, 0 nos, 0 abstentions. 16. Ordinance Authorizing And Directing Sales By The Proposal Sale Method Of City- Owned Real Property (Council President Mantello) (At The Request Of The Administration) Ordinance passed 7 ayes, 0 nos, 0 abstentions. 17. Ordinance Transferring Funds Within The 2020 General Fund Budget (Council President Mantello) (At The Request Of The Administration) Ordinance passed 7 ayes, 0 nos, 0 abstentions. 18. Ordinance Authorizing The City To Create A Capital Project And Amending The Capital Projects Budget To Allow Funding For Said Capital Project (Council President Mantello) (At The Request Of The Administration) Ordinance passed 7 ayes, 0 nos, 0 abstentions. 91. (2019) Authorizing The Implementation, And Funding In The First Instance 100% Of The Federal-Aid And State "Marchiselli" Program-Aid Eligible Costs, Of A Transportation Federal-Aid Project, And Appropriating Funds Therefor (Council President Mantello) (At The Request Of The Administration) Resolution passed 6 ayes, 0 nos, 1 absence (Kennedy), December 5, 2019 Resolution amended to change amount from $3665,257.00 to $366,257.00, 7 ayes, 0 nos, 0 abstentions. 25. Resolution Authorizing The Mayor To Enter Into A Lease Agreement Based On The Terms Provided With Knickerbacker Memorial Playgrounds Association For The Purpose Of Maintaining Private Land Dedicated As Public Park (Council Member Gulli) (At The Request Of The Administration) Resolution amended to remove “the” from title and to change “establish” to “established” in Schedule B, 7 ayes, 0 nos, 0 abstentions. Amended resolution passed 7 ayes, 0 nos, 0 abstentions. 26. Resolution Appointing A Commissioner Of Deeds For The City Of Troy (Council President Mantello) Resolution amended to add McDermott, 7 ayes, 0 nos, 0 abstentions. Amended resolution passed 7 ayes, 0 nos, 0 abstentions. 27. Resolution Amending Chapter 79, Article II, Of The Code Of The City Of Troy (Council President Mantello) Resolution passed 7 ayes, 0 nos, 0 abstentions. 28. Resolution Confirming Justin R. Nadeau’s Appointment As Chairperson Of The Troy Industrial Development Authority (Council President Mantello) (At The Request Of The Administration) Resolution passed 7 ayes, 0 nos, 0 abstentions. 29. Resolution Recognizing March 2020 As Women’s History Month In The City Of Troy (Troy City Council) Resolution passed 7 ayes, 0 nos, 0 abstentions. 30. Resolution Recognizing March 2020 As Developmental Disabilities Awareness Month In The City Of Troy (Troy City Council) Resolution passed 7 ayes, 0 nos, 0 abstentions. Adjournment The meeting adjourned at 7:27 p.m. An audio recording of this meeting is on file at the City Clerk's office.

Agenda

TROY CITY COUNCIL FINANCE COMMITTEE AGENDA February 20, 2020 6:00 P.M. Pledge of Allegiance Roll Call Approval of Minutes Presentation of Agenda Public Forum LOCAL LAWS 1. A Local Law To Add A Section To The General Law Of The City Of Troy, Authorizing The Creation Of A Community Choice Aggregation Program, And Adopting Certain Provisions To Facilitate Program Implementation (Council Member Cummings, Council President Mantello, Council Member Zalewski) ORDINANCES 81. (2019) Ordinance Amending The Code Of Troy, Article Ii Chapter 247 Zoning, Section 247- 5-7 “Permits” (Council Member Cummings) (At The Request Of The Administration) Ordinance Passed 5 Ayes, 0 Nos, 2 Absences (Paratore, Kennedy), October 3, 2019. **Needs Technical Amendment. 12. Ordinance Authorizing And Directing Sales By The Proposal Sale Method Of City-Owned Real Property (Council President Mantello, Council Member Steele) (At The Request Of The Administration) 13. Ordinance Authorizing And Directing The Reconveyance Of 631 Seventh Avenue (Council President Mantello) (At The Request Of The Administration) 14. Ordinance Authorizing The City To Create A Capital Project And Amending The Capital Projects Fund Budget To Allow Funding For Said Capital Project (Council President Mantello) (At The Request Of The Administration) 15. Ordinance Authorizing And Directing Sales By The Proposal Sale Method Of City-Owned Real Property (Council President Mantello) (At The Request Of The Administration) 16. Ordinance Authorizing And Directing Sales By The Proposal Sale Method Of City-Owned Real Property (Council President Mantello) (At The Request Of The Administration) 17. Ordinance Transferring Funds Within The 2020 General Fund Budget (Council President Mantello) (At The Request Of The Administration) 18. Ordinance Authorizing The City To Create A Capital Project And Amending The Capital Projects Budget To Allow Funding For Said Capital Project (Council President Mantello) (At The Request Of The Administration) 19. 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) RESOLUTIONS 91. (2019) Authorizing The Implementation, And Funding In The First Instance 100% Of The Federal-Aid And State "Marchiselli" Program-Aid Eligible Costs, Of A Transportation Federal- Aid Project, And Appropriating Funds Therefor (Council President Mantello) (At The Request Of The Administration) Resolution passed 6 ayes, 0 nos, 1 absence (Kennedy), December 5, 2019. **Needs technical amendment. 25. Resolution Authorizing The Mayor To Enter Into A Lease Agreement Based On The Terms Provided With Knickerbacker Memorial Playgrounds Association For The Purpose Of The Maintaining Private Land Dedicated As Public Park (Council Member Gulli) (At The Request Of The Administration) 26. Resolution Appointing A Commissioner Of Deeds For The City Of Troy (Council President Mantello) 27. Resolution Amending Chapter 79, Article II, Of The Code Of The City Of Troy (Council President Mantello) 28. Resolution Confirming Justin R. Nadeau’s Appointment As Chairperson Of The Troy Industrial Development Authority (Council President Mantello) (At The Request Of The Administration) 29. Resolution Recognizing March 2020 As Women’s History Month In The City Of Troy (Council President Mantello, Council Member Zalewski, Council Member Steele, Council Member Ashe-McPherson, Council Member McDermott) 30. Resolution Recognizing March 2020 As Developmental Disabilities Awareness Month In The City Of Troy (Council President Mantello, Council Member Zalewski, Council Member Steele, Council Member Ashe-McPherson, Council Member McDermott) LAW#1 A LOCAL LAW TO ADD A SECTION TO THE GENERAL LAW OF THE CITY OF TROY, AUTHORIZING THE CREATION OF A COMMUNITY CHOICE AGGREGATION PROGRAM, AND ADOPTING CERTAIN PROVISIONS TO FACILITATE PROGRAM IMPLEMENTATION Be it enacted by the City Council of the City of Troy as follows: Section 1. Purpose and Intent It is the intent of the City of Troy to establish a Community Choice Aggregation (“CCA”) Program to aggregate the energy supply needs of residents [and small commercial customers], and to negotiate and enter into, or authorize its agent to negotiate and enter into, Energy Supply Agreements (“ESAs”) with Energy Service Companies (“ESCOs”) on behalf of eligible citizens to obtain stable, lower-cost energy prices, as well as environmental benefits and/or a community-based solution to meeting our collective energy needs. The purpose of this Local Law is two-fold: to establish a CCA Program in the City of Troy and to adopt certain provisions relating to the creation and implementation of the CCA Program. Section 2. Findings A. New York State’s energy industry is in the midst of a significant transition; a shift away from the old top-down, utility-centered model toward a cleaner, more affordable, more resilient system in which consumers and communities will have a substantial role to play. The State’s ongoing Reforming the Energy Vision (“REV”) initiative emphasizes the importance of reliability and grid-resilience, distributed energy resources, increased renewable generation, and greater opportunity for citizens to take an active role in helping the State reach its energy goals and in making more informed energy choices in their homes, businesses and communities. B. As part of this REV initiative, the New York State Public Service Commission (“NYSPSC”), on April 21, 2016, adopted an Order authorizing cities, towns and villages within the State to create Community Choice Aggregation Programs, by themselves or in concert with other municipalities (hereinafter “NYSPSC Order Authorizing CCAs”), and/or to retain a CCA Administrator to implement the program and negotiate ESAs. C. CCA Programs allow communities to take control of their energy supply through an open, transparent and competitive electric and/or gas supply procurement process driven by the consumers themselves. D. A successful CCA Program offers citizens cost savings, more stable energy prices, deterrence of deceptive marketing practices by unscrupulous ESCOs, fair contracts negotiated directly with energy suppliers, and/or the opportunity to pursue goals and initiatives important to the community, such as reliability, grid resiliency, supporting renewable energy generation, cutting greenhouse gas emissions, protecting the State’s natural resources, and improving energy efficiency. 1 LAW#1 E. The City of Troy has explored the CCA policy and background, and believes it would provide numerous benefits in this community, enhancing the public welfare and making energy more affordable and costs more predictable for our residents. F. Therefore, the City of Troy authorizes the creation of an opt-out CCA Program pursuant to rules of the NYSPSC in this community for the provision of electric and/or natural gas supply service, as well as other high priority energy related value-added services as may be determined to meet the community’s goals. Section 3. Authority The NYSPSC Order Authorizing CCAs expressly empowers cities, towns and villages in this state to create CCA Programs. Further, the New York Municipal Home Rule Law, Article 2, Section 10, authorizes a municipality to adopt general laws relating to its property, affairs and government, the protection and enhancement of its physical and visual environment, the protection and well-being of persons within the municipality, and for other authorized purposes. Section 4. Definitions AUTOMATICALLY ELIGIBLE CUSTOMERS: shall mean customers' accounts in those utility service classes eligible for inclusion in the CCA Program on an opt-out basis, as set forth in the NYSPSC Order Authorizing CCAs, Appendix C, or as otherwise specified by the Commission. Generally, these classes of customers include those receiving residential electric or gas supply service, including those in multi-family housing, certain types of institutions, and some small commercial customers covered by “small general service” class designations. Automatically Eligible Customers shall not include customers' accounts that have already been enrolled in service through an ESCO, enrolled in utility programs which require them to take supply service from their current utility, or that have a block on their utility account at the time of CCA formation 1; those customers' accounts shall be eligible to participate on an opt-in basis, if they so desire. ELIGIBLE CUSTOMERS: shall mean all automatically eligible customers plus those utility customers eligible for inclusion in the CCA Program on an opt-in basis, as set forth in the NYSPSC Order Authorizing CCAs or otherwise authorized by the Commission. Those customers eligible to participate in the CCA Program on an opt-in basis currently include: those customers already enrolled in service through an ESCO at the time of CCA formation, customers in large commercial, institutional, or industrial utility service classes that cannot be automatically enrolled in the CCA on an opt-out basis, and all other customers not considered “automatically eligible customers.” References to the broader class of “eligible customers” shall signify the entire pool of customers participating in the aggregation, either because they have been 1 Except Assistance Program Participants (“APPs”), customers enrolled in utility low-income assistance programs who may have blocks on their accounts with their existing utility, but who may still be eligible to participate. 2 LAW#1 automatically enrolled on an opt-out basis, or because they have affirmatively opted in. CCA ADMINISTRATOR: An agent of the municipality charged with overseeing creation, implementation and operation of a CCA Program, as well as competitively procuring and negotiating Energy Supply Agreements with ESCOs. The CCA Administrator shall be retained by the municipality via a separate CCA Administration Agreement, adopted by Resolution of the municipality's governing board. COMMUNITY CHOICE AGGREGATION (CCA)/CCA PROGRAM: A Program authorized by the New York State Public Service Commission (NYSPSC) to aggregate residential and commercial electric and/or natural gas supply and/or energy related value-added products and services within a given municipality, and/or among multiple municipalities, in order to leverage that energy demand to negotiate favorable Energy Supply Agreements directly with ESCOs. Customers within a CCA Program would no longer purchase their energy supply directly from their utility. However, the utility would continue to deliver energy to these customers, to charge for that delivery, and will retain its transmission and distribution network. The energy supply portion of a customer’s energy service is provided by an ESCO or ESCOs, pursuant to an Energy Supply Agreement competitively procured and negotiated for the CCA Program at large, then delivered to customers via the local utility. ENERGY SUPPLY AGREEMENT (ESA): An agreement between an energy customer and an Energy Services Company (ESCO) to provide electricity or gas service to the customer for a fixed or variable price. For purposes of this Local Law, the CCA Administrator would conduct a competitive procurement on behalf of all eligible customers, and would enter into an Energy Service Agreement(s) with an ESCO to provide power to all such customers in the community. ENERGY SERVICES COMPANY (ESCO): A third-party energy supplier eligible to sell electricity, natural gas and/or energy related value-added services to customers in New York State, utilizing the transmission and distribution systems of existing utilities. ESCOs are regulated by the New York State Department of Public Service and the New York State Public Service Commission, and must comply with the New York State Public Service Law. MUNICIPALITY: Reference to these terms throughout this Local Law indicate the City of Troy, unless otherwise noted. UTILITY: This term refers to traditional electric and/or natural gas utilities regulated by the New York State Department of Public Service and the New York State Public Service Commission and permitted to provide electric and/or gas supply, transmission and distribution services to all customers within their designated service territory. For purposes of this Local Law, the term Utility will refer to NIAGARA MOHAWK POWER CORPORATION d/b/a NATIONAL GRID. 3 LAW#1 Section 5. Establishing Community Choice Aggregation City of Troy hereby establishes a CCA Program for aggregation of electric and/or natural gas supply to serve all eligible customers in its jurisdiction. All automatically eligible customers shall be included in the CCA Program on an opt-out basis, and shall be afforded the opportunity to opt-out of the CCA Program, within a specified period, at no cost. All customers who are not automatically eligible to be included in the CCA Program on an opt-out basis shall be permitted to affirmatively opt into the program in accordance with the terms of the ESA and/or the NYSPSC Order Authorizing CCAs. Section 6. Provisions for Implementing CCA Program Part A. Implementation Plan 1. The City of Troy, with support from its CCA Administrator, will create and follow a CCA Implementation Plan which shall outline the details of how the CCA Program will be created and operated, including how public outreach and education will occur, what rules will apply to the Program, how the procurement process will be implemented, how energy contracts will be selected, and how responsibilities will be divided amongst CCA Administrator, municipality, and eligible customers. 2. In accordance with the NYSPSC Order Authorizing CCAs, the CCA Implementation Plan will be reviewed and approved by the Public Service Commission. Such review may involve NYSPSC approval of a generic CCA Implementation Plan, with the understanding that community-specific Appendices would be submitted later and would outline appropriately tailored local education and outreach efforts. 3. Where a generic CCA Implementation Plan will be used, the City of Troy and the CCA Administrator will make community-specific revisions to the Plan’s Appendices to ensure the Plan is properly tailored to the needs of the City of Troy’s residents. Therefore, prior to or in conjunction with the enactment of this Local Law, and thereafter from time to time, the City of Troy, with support from the CCA Administrator, will create and update a CCA Program Opt-Out Letter, as well as an Education and Outreach Plan, as provided in the Implementation Plan Appendix for this community. 4. The City of Troy Opt-Out Letter and Education and Outreach Plan shall conform to those requirements for public outreach, education, and opt-out procedures set forth in the NYSPSC Order Authorizing CCAs, and in any other applicable laws or regulations, and shall ensure that the City of Troy and its CCA Administrator engage in a robust effort to educate and inform the community about the CCA Program and their options for participating or opting out. 5. Opt-out letters will be provided to all automatically eligible customers no less than 30 days prior to the time at which those customers would be automatically enrolled in the CCA Program. The letters will be printed on the City of Troy letterhead, in official City of Troy envelopes. The logo of the CCA Administrator and selected 4 LAW#1 ESCO may also be included on these letters, so long as it is clear that the letter is official correspondence from the City of Troy. Part B. Public Outreach and Education 1. The City of Troy, together with its CCA Administrator, will provide public notices, presentations, information sheets, and other forms of outreach, as outlined in the Appendix of the Implementation Plan, to ensure residents are informed about the CCA Program and their options for participating or opting out. 2. Once the CCA Program is operating, the City of Troy and its CCA Administrator will continue to engage in public outreach to keep CCA customers informed about any changes to the CCA Program; opportunities for new products or services available through the CCA Program, such as renewable energy buying options; important terms and durations of ESAs; information about the selected ESCOs; and any other matters related to the CCA Program. Part C. Customers Moving into or out of the Community After CCA Adoption Residents and small commercial customers who establish utility accounts in this community after the effective date of this Local Law shall be afforded the opportunity to join the CCA Program within a reasonable time after their utility account is established, in accordance with contractual agreements between the CCA Administrator any ESCO(s) providing service to the Program. Part D. Customer Data Protection The City of Troy, or its CCA Administrator, will create and follow a Customer Data Protection Plan which ensures that any confidential or sensitive personal customer information provided by the utility to the City of Troy, its CCA Administrator, and/or the selected ESCO(s), will be given all privacy protections required by law and regulation, and protected from unauthorized release or use to the greatest extent possible. This Customer Data Protection Plan will ensure that the CCA Program and any selected ESCO(s) handle all confidential or sensitive customer data in keeping those customer data protections already afforded by Utility prior to the enactment of this Local Law. This Plan will also ensure that CCA customer data, such as contact information, is not used for inappropriate purposes, such as solicitation of business unrelated to the CCA Program, its goals and objectives. Section 7. CCA Administrator Part A. CCA Administration Agreement The City of Troy will enter into a CCA Administration Agreement with its CCA Administrator. Such agreement will set forth the various rights and responsibilities of the parties, and will govern the manner in which the CCA Program is run. This Agreement shall 5 LAW#1 also authorize the CCA Administrator to act as the City of Troy’s agent for the purpose of procuring energy supply or other energy related value-added services for CCA Program eligible customers. Part B. Customer Service, Complaints The CCA Administrator will provide the City of Troy with clear, up-to-date contact information for customer questions, concerns or complaints. The CCA Administrator shall, from time to time, and/or at the request of the Troy City Council, report to the City of Troy regarding customer service matters. Section 8. Compliance with Public Service Law and Regulations In accordance with the NYSPSC Order Authorizing CCAs, it shall be the responsibility of the City of Troy, supported by any CCA Administrator that may be under contract, to ensure the CCA Program is operated in compliance with all applicable provisions of the New York State Public Service Law, regulations of the New York State Public Service Commission and/or the New York State Department of Public Service, the Uniform Business Practices (to the extent applicable), the NYSPSC Order Authorizing CCAs and any other relevant laws or regulations. This provision applies regardless of whether a CCA Administrator is retained to organize and implement the City of Troy’s CCA Program. This shall include, but not be limited to, compliance with any reporting requirements related to the CCA Program. Section 9. Review and/or Dissolution of the CCA Program A. The City of Troy will, from time to time, review the CCA Program and its progress to determine how the program is faring, confirm it is affording benefits to the community, and provide information to the public thereon. B. As the expiration of its ESA(s) approaches, or in the event an ESCO provides notice of its intention to terminate an ESA (where authorized by the terms of that ESA), the City of Troy may consider whether it wishes to discontinue the CCA Program. Dissolution of the CCA Program will require (1) enactment of a Local Law amending or repealing this Local Law, (2) lawful termination of ESAs in accordance with their terms, (3) lawful termination of the CCA Administration Agreement, in accordance with its terms, and (4) at least 60 days’ notice to customers that their energy services will be automatically returned to Utility, an effective date upon which such a change would occur, and information on what other options may be available to those customers, if applicable. Section 10. Conflicts In the event the New York State Public Service Commission, the State Legislature, or other State agency, enacts laws or regulations regarding the operation of CCAs which are in conflict with this Local Law, the state provisions shall govern. 6 LAW#1 Section 11. Liability Nothing in this Local Law shall be read to create liability on the part of the City related to the provision of electric and/or natural gas service to customers. The ESCO selected to provide such service will be ultimately responsible for compliance with all applicable laws, rules and regulations governing retail energy services, and will assume any liability stemming from the provision of such service to retail customers, including any potential liability associated with the service itself, customer data and information, and any other matters which would traditionally fall under the purview of a merchant utility providing the same service to customers prior to the formation of the CCA. This Local Law is meant merely to facilitate the creation of an aggregation program in this community. The City will not assume the role of ESCO or utility in the sale or delivery of energy services. Section 12. Severability Each provision of this Law is severable from the others, so that if any provision is held to be illegal or invalid for any reason whatsoever, such illegal or invalid provision shall be severed from this Law, which shall nonetheless remain in full force and effect. Section 13. Effective Date This Local Law shall take effect upon the filing with the Secretary of State. Approved as to form, February 6, 2020 James A. Caruso, Esq., Corporation Counsel 7 TO: City Council and Mayor Madden FROM: Mara Drogan, City Clerk DATE: February 14, 2020 RE: Ord. 81 (2019) Ordinance 81 was passed last October to update Chapter 247 of the City Code, including changing “City Clerk” to “Commissioner of General Services” throughout. When I was reviewing the changes in eCode, I noticed that the very last “City Clerk” had not been changed. It is the last sentence of the ordinance and will need to be amended. 81. (2019) Ordinance Amending The Code Of Troy, Article Ii Chapter 247 Zoning, Section 247- 5-7 “Permits” (Council Member Cummings) (At The Request Of The Administration) Ordinance Passed 5 Ayes, 0 Nos, 2 Absences (Paratore, Kennedy), October 3, 2019. **Needs Technical Amendment. City Hall, 433 River Street, Troy, New York 12180 Phone: 518-279-7134 | Fax: 518-270-4639 | cityclerk@troyny.gov ORD12 ORDINANCE AUTHORIZING AND DIRECTING SALES BY THE PROPOSAL SALE METHOD OF CITY-OWNED REAL PROPERTY The City of Troy, in City Council convened, ordains as follows: Section 1. Pursuant to Section 83-8 of the Troy Code, the Bureau of Surplus Property accepted bids at proposal sale on the hereinafter described properties as outlined below. Section 2. The Mayor is hereby authorized and directed to sell and convey the hereinafter described real property to the following named purchaser for the sum below indicated which is hereby determined to be a fair price for the same without the necessity of competitive bidding and upon the terms and conditions set forth below. Section 3. The Mayor is hereby empowered to execute and deliver to the said bidder a quit claim deed conveying said premises hereinafter described, but said conveyance is to be made expressly subject to the conditions hereinafter set forth. Section 4. The purchaser, purchase price and terms and conditions of the sale are as follows: The Rensselaer Land Trust(RLT) bid $10 for portions of paper streets adjoining the parcels previously approved by the City Council on December 19, 2019 by Ordinance #136. The $10 bid includes portions of Carlyle Ave, Stanford Ave and Regent Ct (See attached map). The paper streets do not have a tax map number assigned and will be merged by sale contingent on the RLT providing a survey to the City of Troy prior to transfer. The Council agrees to waive the $700 Assessor/Legal fee for this transfer. TERMS AND CONDITIONS: The Property will be conveyed to the prospective purchaser by Quit Claim Deed and be subject to any easement or restriction of record. Further; Purchaser shall be liable for and pay all closing costs related to this sale including, but not limited to: filing fees, deed stamps, survey, title report, environmental reports & cleanup fees. Section 5. This Ordinance shall take effect immediately. Approved as to form, February 20, 2020 ____________________________________ James A. Caruso Esq., Corporation Counsel ORD12 ORD13 ORDINANCE AUTHORIZING AND DIRECTING THE RECONVEYANCE OF 631 SEVENTH AVENUE The City of Troy, in City Council, convened, ordains as follows: Section 1. Pursuant to 11 U.S.C. Section 548, the Adversary Complaint of Andrea E. Celli dated July 29, 2019 seeks avoidance of the transfer of the Debtor, Lynn M.Purcell, real property at 631 Seventh Avenue and identified as Tax Map No. 80.48.-10-11. Section 2. The City, being agreeable to entry of an Order allowing a deed to the Real Property to be held in escrow to provide the debtor to pay the prepetition property tax arrearage through the Debtor’s Chapter 13 plan and regain title to the Real Property. Section 3. The City Council hereby authorizes the City to adhere to the terms of the Stipulation Order from the U.S. Bankruptcy Court, Northern District of New York, attached hereto and made a part hereof Section 4. This Ordinance shall take effect immediately. Approved as to form, February 20, 2020 ______________________________________ James A. Caruso, Esq., Corporation Counsel ORD13 MEMORANDUM IN SUPPORT In 2019, the City of Troy, following proper procedure under New York State law, took title to the property located at 631 Seventh Avenue, Troy, New York, in a tax foreclosure proceeding. Subsequently, the former owner of the property (the “Debtor”) filed for protection under Chapter 13 of the Bankruptcy Law. The Standing Chapter 13 Trustee in Bankruptcy eventually commenced an “Adversary Proceeding” against the City of Troy seeking the return of the subject property to the Bankrupt Estate on the ground that the City had obtained title to the same without paying fair value. Facing the very real possibility that the City of Troy would be compelled by an Order of the Bankruptcy Court to return the subject property to the Bankrupt Estate, outside Bankruptcy counsel for the City negotiated an agreement wherein the property would be conveyed back to the Debtor, Lynn M. Purcell, but that Deed to the subject property would held in escrow by the Chapter 13 Trustee. This agreement is specifically conditioned upon the Debtor’s payment of all taxes, assessments, and charges (including water and trash/recycling bills), due through December 31, 2019, plus interest at the 36% statutory interest rate, and $1,200 in attorney’s fees, through the Chapter 13 Payment Plan. In addition to all of the aforesaid amounts, the Debtor is also required to pay all post-petition taxes, assessments and charges, including water bills and trash/recycling fees, in full, with interest, and to purchase and maintain liability and fire insurance on the subject premises. This agreement was memorialized in a “Stipulated Order Resolving Adversary Proceeding”, dated January 22, 2020, a copy of which is attached hereto and made a part hereof. In the event that the Debtor fails to obtain confirmation of her Chapter 13 plan or defaults on payments to the Trustee under the plan, or “outside” of the Chapter 13 Plan, or fails to obtain the aforementioned insurance on the subject premises, and then fails to cure any said default within fifteen (15) days after written notice of said default, the Deed being held in escrow by the Trustee in Bankruptcy will be given back to the City of Troy. This negotiated agreement offers the City of Troy the best possible outcome under these circumstances. ORD14 ORDINANCE AUTHORIZING THE CITY TO CREATE A CAPITAL PROJECT AND AMENDING THE CAPITAL PROJECTS FUND BUDGET TO ALLOW FUNDING FOR SAID CAPITAL PROJECT The City of Troy, convened in City Council, ordains as follows: Section 1. The establishment of a Capital project entitled “CHIPS Street Paving Program” Section 2. The City of Troy 2020 budget is herein amended as set forth in Schedule A entitled: 2020 Budget Amendments – CHIPS Street Paving Program which is attached hereto and made a part hereof Section 3. This act will take effect immediately. Approved as to form February 20, 2020 James A. Caruso, Corporation Counsel ORD14 MEMO IN SUPPORT Annually the City of Troy has a street paving program funded through the New York State CHIPS Program (Consolidated Local Street and Highway Improvement Program) via the City’s General Fund. The funding at this time is established at the 2020 current year appropriation. At a later date the amount will be amended with an increase with the final amount rolled over from prior years. Moving forward this will be the capital project for all CHIPS related street paving that will be amended on an annual basis for the purpose of the current year appropriation only. Schedule A ORD14 2020 Budget Amendments – CHIPS Street Paving Program Original Change Revised Department Account No. Description Budget* (+/-) Budget Revenues CHIPS Street Paving Program H.5000.3501.0670.0000 State Aid 0.00 1,103,935.46 1,103,935.46 Total Capital Projects Fund Budget Revenue Increase 1,103,935.46 Expenditures CHIPS Street Paving Program H.5197.0200.0670.0000 Equipment & Capital Outlay 0.00 1,103,935.46 1,103,935.46 Total Capital Projects Fund Budget Expenditure Increase 1,103,935.46 Net Impact On Capital Projects Fund 0.00 * Or as previously amended ORD14 ORD15 ORDINANCE AUTHORIZING AND DIRECTING SALES BY THE PROPOSAL SALE METHOD OF CITY-OWNED REAL PROPERTY The City of Troy, in City Council convened, ordains as follows: Section 1. Pursuant to Section 83-8 of the Troy Code, the Bureau of Surplus Property accepted bids at proposal sale on the hereinafter described properties as outlined below. Section 2. The Mayor is hereby authorized and directed to sell and convey the hereinafter described real property to the following named purchasers for the sums below indicated which is hereby determined to be a fair price for the same without the necessity of competitive bidding and upon the terms and conditions set forth below. Section 3. The Mayor is hereby empowered to execute and deliver to the said bidder or bidders a quit claim deed conveying said premises hereinafter described, but said conveyance is to be made expressly subject to the conditions hereinafter set forth. Section 4. The purchasers, purchase prices and terms and conditions of sales are as follows: Class Class Tax Map # Location AV Code Description Bidder's Name Bid 80.63-7-24 492 Second Ave $86,000 210 1 Family Diamond Ackerman $750.00 Kirk Edwards & Micardo 80.72-11-12 413 Seventh Ave $80,000 210 1 Family Edwards $2,500.00 90.71-8-8 403 Ninth St $20,000 220 2 Family Farmell Miller-Hall $500.00 101.22-3-14 2619 Sixth Ave $40,000 220 2 Family John Mulinio $500.00 101.22-3-21 74 Jay St $4,500 311 Vacant Land John Mulinio $50.00 101.67-4-5 South Lake Ave $28,000 311 Vacant Land Joseph Plouffe $100.00 112.22-4-19.1 St Vincents Ave $27,500 311 Vacant Land Michael Yeomans $3,100.00 112.23-2-2 Linden Ave $23,000 311 Vacant Land Scott Townsend $200.00 112.45-13-5 65 Mann Ave $16,000 311 Vacant Land Dara Silbermann $100.00 112.45-18-2 84 Lincoln Ave $95,000 210 1 Family Melvin Jackson Jr $500.00 None A portion of Carlyle Avenue 311 Vacant Land Carl Cacciotti $2,000.00 TERMS AND CONDITIONS: Properties will be conveyed to the prospective purchasers by Quit Claim Deed and be subject to any easement or restriction of record. Further; Purchaser shall be liable for and pay all closing costs related to this sale including, but not limited to: filing fees, deed stamps, survey, title report, environmental reports & cleanup and attorneys fees. Section 5. This Ordinance shall take effect immediately. Approved as to form, February 20, 2020 ____________________________________ James A. Caruso Esq., Corporation Counsel ORD16 ORDINANCE AUTHORIZING AND DIRECTING SALES BY THE PROPOSAL SALE METHOD OF CITY-OWNED REAL PROPERTY The City of Troy, in City Council convened, ordains as follows: Section 1. Pursuant to Section 83-8 of the Troy Code, the Bureau of Surplus Property accepted bids at proposal sale on the hereinafter described properties as outlined below. Section 2. The Mayor is hereby authorized and directed to swap and convey the hereinafter described real property to the following named purchaser for the sum below indicated which is hereby determined to be a fair price for the same without the necessity of competitive bidding and upon the terms and conditions set forth below. Section 3. The Mayor is hereby empowered to execute and deliver to the said bidder a quit claim deed conveying said premises hereinafter described, but said conveyance is to be made expressly subject to the conditions hereinafter set forth. Section 4. The purchasers, purchase prices and terms and conditions of sales are as follows: Class TAX MAP # Location AV Code Description Bidder Bid 22 Douw 111.52-7-4 541 Second Street $63,000 210 One Family Stephen Bourdages St TERMS AND CONDITIONS: Properties will be conveyed to the prospective purchaser by Quit Claim Deed and be subject to any easement or restriction of record. Further; Purchaser shall be liable for and pay all closing costs related to this sale including, but not limited to: filing fees, deed stamps, survey, title report, environmental reports & cleanup and attorneys fees. Section 5. This Ordinance shall take effect immediately. Approved as to form, February 20,2020 ____________________________________ James A. Caruso Esq., Corporation Counsel ORD17 ORDINANCE TRANSFERRING FUNDS WITHIN THE 2020 GENERAL FUND BUDGET The City of Troy, convened in City Council, ordains as follows: Section 1. The City of Troy 2020 budget is herein amended as set forth in Schedule A entitled: 2020 Budget Transfer(s) – General Fund which is attached hereto and made a part hereof Section 2. This act will take effect immediately. Approved as to form February 20, 2020 James A. Caruso, Corporation Counsel ORD17 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 2020 fiscal year. This ordinance transfers funds within the 2020 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. A transfer within the Police Department for the purchase of a new vehicle outside of the Capital Plan and the addition of a temporary position that will handle the discovery documentation under the New York State laws. 2. A transfer from the Corporation Counsel’s Office to the City Clerk for items related to eCode as the City Clerk has assumed these responsibilities. Schedule A ORD17 2020 Budget Transfer(s) – General Fund Original Change Revised Department Account No. Description Budget* (+/-) Budget Reference Police A.3120.0101.0000.0000 Permanent Salaries 9,810,243.00 (70,000.00) 9,740,243.00 1 Police A.3120.0102.0000.0000 Temporary Salaries 212,077.00 35,000.00 247,077.00 1 Police A.3120.0202.0000.0000 Vehicles 19,500.00 35,000.00 54,500.00 1 Corporation Counsel A.1420.0408.0000.0000 Dues & Subscriptions 8,500.00 (8,500.00) 0.00 2 City Clerk A.1410.0408.0000.0000 Dues & Subscriptions 0.00 8,500.00 8,500.00 2 Net Impact On General Fund 0.00 * Or as previously amended ORD18 ORDINANCE AUTHORIZING THE CITY TO CREATE A CAPITAL PROJECT AND AMENDING THE CAPITAL PROJECTS BUDGET TO ALLOW FUNDING FOR SAID CAPITAL PROJECT The City of Troy, convened in City Council, ordains as follows: Section 1. The establishment of a Capital Project entitled “7th & Ingalls Park” Section 2. The City of Troy 2020 budget is herein amended as set forth in Schedule A entitled: 2020 Budget Amendments – 7th & Ingalls Park which is attached hereto and made a part hereof Section 3. This act will take effect immediately. Approved as to form February 20, 2020 James A. Caruso, Corporation Counsel ORD18 MEMO IN SUPPORT This ordinance establishes the capital project for the improvements to the 7th and Ingalls Park. Funding for this project is coming from four sources: 1. Gifts and donations from local non-for-profit entities 2. Bond resolutions previously passed by the City Council 3. General Fund transfer 4. SAM grants from New York State The project has been bid and is ready for construction; however the budget needed to be amended to establish the accounts related to some of the revenue sources. The project, given the cost and scope, also merited having its own capital project established. Schedule A ORD18 2020 Budget Amendments – 7th & Ingalls Park Original Change Revised Department Account No. Description Budget* (+/-) Budget Revenues 7th & Ingalls Park H.0000.5731.0643.0000 BANs Redeemed 300,000.00 (300,000.00) 0.00 7th & Ingalls Park H.0000.5731.0668.0000 BANs Redeemed 300,000.00 (200,000.00) 100,000.00 7th & Ingalls Park H.7000.3897.0000.0000 State Aid - Other Culture / Recreation 0.00 375,000.00 375,000.00 7th & Ingalls Park H.7000.2705.0000.0000 Gifts & Donations 0.00 230,000.00 230,000.00 7th & Ingalls Park H.0000.5731.0670.0000 BANs Redeemed 0.00 500,000.00 500,000.00 7th & Ingalls Park H.0000.5031.0670.0000 Interfund Transfers 0.00 150,000.00 150,000.00 Total Capital Projects Fund Budget Revenue Increase 755,000.00 Expenditures 2019 General Fund Capital Plan - DPW/Rec H.7110.02040.643.0000 Facilities Upgrades/Improvements 300,000.00 (300,000.00) 0.00 2020 General Fund Capital Plan - Recreation H.7110.02040.668.0000 Facilities Upgrades/Improvements 300,000.00 (200,000.00) 100,000.00 7th & Ingalls Park H.7110.0204.0670.0000 Facilities Upgrades/Improvements 0.00 1,255,000.00 1,255,000.00 Total Capital Projects Fund Budget Expenditure Increase 755,000.00 Net Impact On Capital Projects Fund 0.00 * Or as previously amended ORD19 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 items 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 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 said property, the City Comptroller is hereby authorized to dispose of such item. Section 4. This ordinance shall take effect immediately. Approved as to form, February 20, 2020 ____________________________________ James A. Caruso Esq., Corporation Counsel ORD19 ORD19 ORD19 ORD19 TO: City Council and Mayor Madden FROM: Mara Drogan, City Clerk DATE: February 14, 2020 RE: Res. 91 (2019) Deborah D. Lolik from the New York State Department of Transportation contacted me to say that when she supplied the draft of the resolution listed below, it included a typographical error. The resolution states it is for $3665,257.00; the correct amount is $366,257.00. (The backup material was correct.) Resolution will need to be amended. 91. (2019) Authorizing The Implementation, And Funding In The First Instance 100% Of The Federal-Aid And State "Marchiselli" Program-Aid Eligible Costs, Of A Transportation Federal-Aid Project, And Appropriating Funds Therefor (Council President Mantello) (At The Request Of The Administration) Resolution passed 6 ayes, 0 nos, 1 absence (Kennedy), December 5, 2019. City Hall, 433 River Street, Troy, New York 12180 Phone: 518-279-7134 | Fax: 518-270-4639 | cityclerk@troyny.gov RES25 RESOLUTION AUTHORIZING THE MAYOR TO ENTER INTO A LEASE AGREEMENT BASED ON THE TERMS PROVIDED WITH KNICKERBACKER MEMORIAL PLAYGROUNDS ASSOCIATION FOR THE PURPOSE OF THE MAINTAINING PRIVATE LAND DEDICATED AS PUBLIC PARK WHEREAS, The City of Troy and the Knickerbacker Memorial Playgrounds Association have had a long standing relationship of providing land for public use; and WHEREAS, The City of Troy and the Knickerbacker Memorial Playgrounds Association are desirous of refining the terms of the lease agreement; and WHEREAS, the terms outlined in this agreement shall set forth the language of the lease to be created; and NOW, THEREFORE, BE IT RESOLVED, that the City Council authorizes the Mayor to enter into a contract with Knickerbacker Memorial Playgrounds Association for twenty five (25) years. Approved as to form February 20, 2020 James A. Caruso, Corporation Counsel RES25 MEMO IN SUPPORT The Administration of the City of Troy has been working with the Board of the Knickerbacker Memorial Playgrounds Association on the terms for a new lease agreement that extends the lease term; provides for additional investment into the park through a lease payment, and outlines the future large improvements to be completed by the City of Troy. Thomas A. Knickerbacker & Helen L. Knickerbacker Memorial Playgrounds, Inc. February 14, 2020 City of Troy City Hall Troy, New York 12180 Attn: _____________ Dear ____________: The purpose of this Offer sheet is to set forth the agreement of terms relating to a lease by and between the Thomas A. Knickerbacker and Helen L. Knickerbacker Memorial Playgrounds, Inc. (“Knickerbacker Memorial Playgrounds” or “Landlord”) and the City of Troy (the “City”) for the property and improvements located at the real property commonly referred to as the “Knickerbacker Ice Arena and Recreation Facility and Knickerbacker Playgrounds” (the “Park”)(the “Lease”), subject to the conditions precedent set forth herein, and the execution of a definitive lease agreement between Knickerbacker Memorial Playgrounds and the City consistent with this term sheet and reasonable provisions customary to the Lease transactions contemplated hereby. Upon its execution, the Lease shall supersede and replace any and all prior leases between the parties. The parties agree to the following terms: 1) Lease Terms: (a) Leased Premises. The Lease shall be for the entire property and improvements for the Park and shall include the real property at which the existing pool in the Park is located (the “Existing Pool Property”). The parties agree to use their best efforts to work cooperatively to determine how title to the Existing Pool Property is held and to correct any title deficiencies which may be present with respect to the ownership of the Existing Pool Property, so that ownership is in the name of the Knickerbacker Memorial Playgrounds. Such efforts may include, without limitation, the execution and filing of a corrective or quitclaim deed and accompanying documentation. Any transfer of property by the City of Troy will be subject to the applicable provisions of New York State Law and the City of Troy Charter. (b) Lease Term. The term of the Lease shall be for a period of twenty-five (25) years. (c) Construction of New Pool Facility. The City shall be entitled to construct a new pool facility on the Park, to be located at a site mutually agreeable to the parties (the “New Pool”). The parties shall mutually agree upon the plans, budget and timeframes for the New Pool. It is intended that the New Pool shall be financed through the issuance of tax-exempt bond financing; the Lease shall include terms as may be reasonably necessary in order to provide the bond issuer/lender with protective notice, default and related provisions. At the expiration of the term of the Lease, the New Pool improvements will be transferred to the Landlord subject to the applicable provisions of New York State law and the City of Troy Charter. (d) Demolition of Existing Pool Property. Prior to or simultaneous with the construction of the New Pool, the City will demolish and clear any facilities or structures located on the Existing Pool Property, including without limitation the existing pool, will provide Phase 1 or similar testing of the soil on the Existing Pool Property (as is reasonably acceptable to Landlord) to ascertain whether any environmental conditions are present, will report and remediate any environmental conditions that may be found, and will properly fill in, grade and seed the Existing Pool Property. (e) Rent and Grants. Consistent with the charitable mission of the Knickerbacker Memorial Playgrounds and the historical operation of the Park by the City, the rent paid for the Park shall consist of the following: (i) Monthly Fees. The City will pay to Knickerbacker Memorial Playgrounds monthly fees in the amount of five thousand dollars ($5,000.00), payable on the first day of each month to the Knickerbacker Memorial Playgrounds. (ii) Expenditures of Monthly Fees. Knickerbacker Memorial Playgrounds shall be required to expend the monthly fees it receives on the purchase of equipment for, or upkeep, maintenance, repair, or improvement of, the Park, as determined in the sole, but reasonable, discretion of a committee comprised of five (5) members (hereinafter the “Expenditure Committee”), with one member of the committee being selected by the City of Troy, and the remaining members selected by the Knickerbacker Memorial Playgrounds. Nothing herein shall prevent any member of the Knickerbacker Memorial Playgrounds Board of Directors from simultaneously sitting as a member of the Expenditure Committee. The City may request certain expenditures be made from the monthly fees received by Knickerbacker Memorial Playgrounds for the purpose of purchasing equipment necessary solely for use within the Park to fulfill the City’s obligations pursuant to this Lease, but the determination as to the recommendations of said expenditures will remain with the aforesaid five- member committee. (iii) Meeting of the Expenditure Committee. The Expenditure Committee shall meet no less than six times per year to discuss, propose, and make recommendations to the Knickerbacker Memorial Playgrounds Board of Directors. (iii) Grant Funding. The City will pursue and apply for grant funding opportunities that have the potential to improve, maintain, or repair the Park grounds, facilities and/or make available public events, on a continuous basis. The City shall provide an annual accounting of all grant funding opportunities applied for on behalf of the Park, and upon reasonable request of the Knickerbacker Memorial Playgrounds Board. The Knickerbacker Memorial Playgrounds Board shall in the event that written approval or authorization is required for a potential grant funding opportunity, the Knickerbacker Memorial Playgrounds Board shall not hinder the request as to delay or nullify the opportunity presented. (f) Staffing. The City shall be required to staff, at no expense to the Landlord, all facilities and events in the Park consistent with the following specifications: (i) Pool Staffing. The City or its approved contractor must provide specific and exclusive staffing for the Pool Facility and assist in the promotion and management on behalf of the Pool of lifeguards and/or maintenance for the new pool facility during the entire pool season. (ii) Park Staffing. The City must provide staffing for prescheduled, permitted athletic games utilizing the formal fields during normal park hours (sunrise to sunset)..In addition, the city will provide staffing to maintain the park amenities as determined by seasons and facilities available for use. (iii) Knickerbacker Ice Rink. The operational hours and staffing for the Knickerbacker Ice Arena or its replacement as determined after the feasibility review and project timelines as shown on Exhibit B, shall be mutually agreed upon by the Knickerbacker Memorial Playgrounds and the City of Troy and shall be memorialized in an amendment to the lease. (iv) Public Events. The City shall allow the Knickerbacker Memorial Playgrounds reasonable authority in scheduling, administering, promoting, and hosting public events in the Park so long as they do not interfere with the City’s obligations. The Knickerbacker Memorial Playgrounds shall require the host of any public event within the Park to include the Knickerbacker Memorial Playgrounds as well as the City of Troy as additional insured on a primary and non-contributing basis. Limits of insurance required by the event shall be determined by the type of event and specified in the permit application. The City shall require any events outside of city sponsored events to complete the permit process to utilize and reserve the facilities. If additional staffing is required by permit or requested by the event, the event shall cover the cost of the staffing required. This staffing may include based on the nature of the event, but isn’t limited to Parks and Recreation Staff, General Services Staff and Public Safety Departments. (g) Maintenance/Repairs. The Lease shall provide that Knickerbacker Memorial Playgrounds shall not be responsible for providing any utilities or services of any kind, nor for the use, operation, upkeep, improvements, maintenance, public safety, cleaning, repairs, equipment or alteration of the Park, except as expressly provided for herein. The City shall be responsible for any utilities, charges or expenses related to the use, operation, upkeep, improvements, maintenance, public safety, cleaning, repairs (structural or otherwise), equipment and/or alterations to the Park (which shall include, for the sake of clarity, the Existing Pool Property, the New Pool, the Knickerbacker Ice Arena and Recreation Facility and all fields, grounds, access roads, sidewalks and other improvements or green space areas. Any alterations to the Property must be approved in writing in advance by Knickerbacker Memorial Playgrounds, which approval shall not be unreasonably withheld or delayed. 2) Conditions Precedent: The following shall be conditions precedent to the Lease: (a) Repairs to Knickerbacker Ice Arena. The City shall be entitled to renovate the Knickerbacker Ice Arena and Recreation Facility. The parties shall mutually agree upon the plans, budget and timeframes for such repairs as outlined in Exhibit ____. (b) Maintenance and Operation of the Knickerbacker Ice Arena. Provided the Knickerbacker Ice Arena is reopened, the City shall maintain and operate the Knickerbacker Ice Arena and Recreational Facility with a maintenance schedule and hours of operation as indicated in Schedule B herein. (c) Completion of Outstanding Repairs. The City shall complete the repairs set forth on Schedule A to this term sheet. (d) Material Adverse Change: There shall have been no material adverse change in the condition of the Park as of the date of this term sheet, and the parties shall immediately notify each other of any material changes to the organization and the facilities or operations. (e) Documentation: The parties shall have agreed upon acceptable documentation necessary for closing the transaction, which shall include, at a minimum and in addition to the terms outlined in this term sheet, the following terms: (i) Rent Acceleration/Default. In addition to the customary remedies available to a Landlord for a default, the Landlord shall be entitled to declare the rent or any sum payable under the Lease for the balance of the term due upon written notice of a default by the City and a period of 30 days to cure in its material obligations under the Lease, or in the event that the City becomes insolvent, bankrupt or if a receiver is appointed. (ii) Insurance. The City shall put in place and maintain commercial general liability insurance with coverage for bodily injury and property damage liability with a combined single occurrence limit of not less than $5,000,000 (which coverage may be provided by a single policy or a policy with umbrella coverage); hazard insurance coverage to keep any improvements insured against loss by fire and extended coverage perils in an amount not less than full replacement cost; and, comprehensive automobile liability coverage. (iii) Environmental. The City shall be solely responsible for the removal and disposal of any hazardous waste and materials, in compliance with all applicable legal requirements if such hazardous waste and materials or conditions were created by the City. The City shall indemnify the Landlord for such obligations pursuant to New York Law. Any unforeseen environmental hazard, proven not to be created by the City, shall not be the responsibility of the City nor shall the City be required to indemnify the Landlord for such obligations. The parties as of the date of this agreement agree that they have no knowledge of any environmental concerns, hazardous waste of materials on the grounds of the Knickerbacker Memorial Playgrounds or its facilities. (iv) The Lease shall supersede and replace any and all prior leases between the parties. 3) Expiration: It is the combined intent of the parties to use best efforts to complete the Lease within one hundred twenty (120) days after the execution of this term sheet. Unless extended by mutual agreement of the parties, this term sheet shall expire on the earlier of (i) one hundred twenty (120) days after the execution of this term sheet by the City or (ii) the execution and delivery of the Lease (the “Expiration Date”). On the Expiration Date, all rights and obligations of both the Knickerbacker Memorial Playgrounds and the City contained in this term sheet shall be extinguished. 4) Legal Effect: This term sheet is intended to be a statement of the mutual agreement of the parties with respect to the transaction and shall constitute a binding commitment of the parties hereto. 5) Forum Selection Clause. This Agreement shall be construed and controlled by the laws of the State of New York and both parties consent to exclusive jurisdiction and venue in the federal and state courts located in or nearest to Rensselaer County, New York. Both parties waive all defenses of lack of personal jurisdiction and forum non conveniens. 6) Severability. If, but only to the extent that, any provision of this Agreement is found to be illegal, unenforceable, or void, then both Parties shall be relieved of all obligations arising under such provision, it being the intent and agreement of the Parties that this Agreement shall be deemed amended by modifying such provision to the extent necessary to make it legal and enforceable while preserving its intent. If that is not possible, another provision that is legal and enforceable and achieves the same objective shall be substituted. [SIGNATURE PAGE FOLLOWS] This OFFER sheet must be accepted by the authorized representative of City prior to _______________________, 2020 at 5 o’clock p.m. unless it is agreed in writing to extend the deadline. Absent such extension, this OFFER shall terminate. Very truly yours, THOMAS A. KNICKERBACKER and HELEN L. KNICKERBACKER MEMORIAL PLAYGROUNDS, INC. By: ____________________________________ _________________, President Accepted this term sheet on __________________, 2019: CITY OF TROY, NEW YORK By: ________________________________________ Its Authorized Representative SCHEDULE A Outstanding Repairs to be Completed Fencing Remove all trees, shrubs, overgrowth from standing fence and fence lines. Nuisance growth within the fence and fence lines compromises the structural integrity of the fence. The fence represents a deeded boundary and secures the premises. Trees All trees on park premises to be trimmed to a minimum of six feet from the base (Liability). All dead limbs, branches, twigs be removed from the park. This includes those that are tree-bound and pose danger to the users of the park. All dead trees be removed from the park. The tree that over hangs the warming shed poses immediate danger to the adjoining structure. The tree shall be removed immediately. Trees that are starting to uproot in the entrance to the softball fields must be removed along with their roots. The walkway to the softball fields is bumpy and dangerous. Resurface. Basketball courts- resurface-future use The Warming Shed Building Roof repairs as necessary to the northwest portion Lights on the Softball Field All lights and associated wiring shall be brought into compliance so the lights are working and wiring meets code SCHEDULE B Knickerbacker Ice Arena and the New Knickerbacker Pool Project Timeline Knickerbacker Ice Arena: Financial Analysis to determine financial feasibility for renovation of the Arena – by March 2, 2020 Decision to Open Arena or to seek an alternate Use – April 1, 2020 Once a final determination is made a project timeline for completion of work will be establish based on any engineering reviews, bidding requirements and/or budget constraints involved in the determined use. New Knickerbacker Pool: Conceptual Design and preliminary estimates: May 2020 City Council bonding authorization: June 4, 2020 Construction Drawings Completed: January 29, 2021 Bidding Start: February 2021 Bidding Responses Due: February/March 2021 Contract Award: March/April 2021 Substantial Completion of Project: October/November 2021 RES26 RESOLUTION APPOINTING A COMMISSIONER OF DEEDS FOR THE CITY OF TROY BE IT RESOLVED, that the City Council hereby appoints the following person, as identified in the attached application hereto and made a part hereof, Commissioner of Deeds for the City of Troy for a two-year term from February 21, 2020 to February 20, 2022. Rosemarie Karame 35 Ballina Street Troy, New York 12180 Approved as to form, February 20, 2020 ______________________________________ James A. Caruso, Esq., Corporation Counsel RES26 RES27 RESOLUTION AMENDING CHAPTER 79, ARTICLE II, OF THE CODE OF THE CITY OF TROY WHEREAS, pursuant to Chapter 79, entitled “Police Department”, in Article II. of the Code of the City of Troy, adopted June 5, 1997, the Troy City Council created the “Police Objective Review Committee”; WHEREAS, the City Council wishes to rename the Police Objective Review Committee and, in its place and stead, name it as the Police Objective Review Board, effectively immediately; NOW, THEREFORE, BE IT RESOLVED that, effective immediately, the City of Troy Police Objective Review Committee shall hereinafter be known as the Police Objective Review Board and, further, that the word “Committee”, wherever it appears throughout Chapter 79, Article II, of the Code of the City of Troy, shall be replaced with the word “Board”. Approved as to form, February 20, 2020 ______________________________________ James A. Caruso, Esq., Corporation Counsel RES28 RESOLUTION CONFIRMING JUSTIN R. NADEAU’S APPOINTMENT AS CHAIRPERSON OF THE TROY INDUSTRIAL DEVELOPMENT AUTHORITY (TROY IDA) WHEREAS, Article 8, Title 11 of the “Public Authorities Law” of the State of New York, created and established the Troy Industrial Development Authority, hereinafter, “the Troy IDA”; and, WHEREAS, the Troy IDA consists of a Chairperson and eight other members, all of whom are appointed by the Mayor of the City, subject to confirmation by the City Council, for a term of three (3) years, and shall include: two (2) members of the City Council of the City of Troy; one (1) representative of the school board; and one representative from each of the fields of business, industry and labor; and, WHEREAS, a vacancy exists on the Troy IDA, by virtue of the resignation of the current Chairperson, Heidi Knoblauch, such term expiring on December 31, 2021; and, WHEREAS, Vacancies in such board occurring otherwise than by expiration of term shall be filled by the Mayor by appointment for the unexpired term subject to confirmation of the City Council; NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Troy hereby confirms the appointment of Justin Nadeau as the Chairperson of the Troy IDA for a term commencing with the passage of this resolution and expiring on December 31, 2021. Approved as to form, February 14, 2020 _____________________________________ James A. Caruso, Corporation Council Res. 29 RESOLUTION RECOGNIZING MARCH 2020 AS WOMEN’S HISTORY MONTH IN THE CITY OF TROY WHEREAS, It is the sense of the Troy City Council to acknowledge and celebrate individuals and events of historic significance which add vitality, sensitivity, understanding and inspiration to the diversity and value of the people of this great City of Troy; and WHEREAS, This year is the 100th Anniversary of the ratification of the 19th amendment to the US Constitution giving women the right to vote; and WHEREAS, Women of every economic, ethnic and religious background have made significant contributions that are reflected in our cultural, social, educational, industrial and economic diversity, and have contributed in many ways, including as writers, educators, scientists, heads of state, politicians, civil rights crusaders, artists, entertainers, businesswomen, military personnel, aviators, entrepreneurs, philanthropists, health professionals, engineers, religious leaders, judges, lawyers, law enforcement personnel, athletes, mothers, nurturers and the building blocks of our communities; and WHEREAS, Women who have become part of New York's lasting heritage by fighting against stereotypes, prejudice and seemingly insurmountable obstacles, include: Sojourner Truth (1797- 1883), former slave and famous activist; Harriet Tubman (1820-1913), best-known "conductor" of the Underground Railroad and promoter of black education and women's rights; suffragettes Susan B. Anthony (1820-1906) and Elizabeth Cady Stanton (1815-1902); world renowned folk artist Grandma Moses (1860-1961); famed reporter Nellie Bly (1867-1922); Sybil Ludington (1761-1839), known as the "female Paul Revere"; Barbara McClintock (1901-1992), Nobel Prize-winning genetic scientist; and "First Lady of the World," Eleanor Roosevelt (1884-1962); and WHEREAS, the City of Troy and New York State have been, and continues to be, the home to many distinguished women who have made their mark in history as the first in their field to succeed; representative of these "firsts" are contributions by women such as: Lady Deborah Moody (1586-1659), first woman grantee for land ownership in the New World; Kate Mullany (1845-1906), an Irish immigrant, in February of 1864 at age 25, organized along with her fellow workers, the first women's labor union in the country, the Collar Laundry Union to improve working conditions and wages through successful direct actions; Elizabeth Blackwell (1821- 1910), first female physician; America's first trained nurse Linda Richards (1841-1930); Emma Willard (1787-1870), founder of the first endowed institution of education for women; hairdressing entrepreneur Madam C.J. Walker (1867-1919), Harlem leader and first self-made female millionaire in the U.S.; Buffalonian Louise Blanchard Bethune (1856-1913), first professional female architect in the Nation; Lucille Ball (1911-1989), actor and president of Desilu Productions, the first woman to lead a major Hollywood production company; Katharine Bement Davis (1860-1935), New York City Correction Commissioner, first woman to head a major City agency; Winifred Edgerton Merrill (1862-1951), the first American woman to receive a Ph.D. in Mathematics; Dr. Mary Edwards Walker (1832-1919), the first and only woman to be Res. 29 presented with the Congressional Medal of Honor; and Belva Lockwood (1830-1917), the first woman to practice law before the United States Supreme Court; and WHEREAS, The Troy City Council recognizes that the City of Troy and New York State are the home to countless women who are strong and colorful threads, vital to the fabric of our rich heritage, who have contributed, and continue to add to the advancement of our culture through their traditional and non-traditional roles in society; NOW, THEREFORE, BE IT RESOLVED, That the Troy City Council pause in its deliberations to recognize March 2020 as Women’s History Month. Approved as to form, February 18, 2020, ______________________________________ James A. Caruso, Esq., Corporation Counsel Res. 30 RESOLUTION RECOGNIZING MARCH 2020 AS DEVELOPMENTAL DISABILITIES AWARENESS MONTH IN THE CITY OF TROY WHEREAS, individuals with developmental disabilities, their families, friends, neighbors, and co-workers encourage everyone to focus on the abilities of all people; 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, the most effective way to increase this awareness is through everyone's active participation in community activities and openness to learn and acknowledge each individual's contributions; and WHEREAS, opportunities for citizens with developmental disabilities to function as independently and productively as possible must be fostered in our community; and WHEREAS, we encourage all citizens to support opportunities for individuals with developmental disabilities in our community that include full access to education, housing, employment, and recreational activities; and WHEREAS, communities are stronger when everyone participates. Please take time to get to know someone with a disability, and recognize that a person with a developmental disability can do like you; NOW, THEREFORE, BE IT RESOLVED that the Troy City Council hereby designates and proclaims March 2020 as Developmental Disabilities Awareness Month. Approved as to form, February 18, 2020, ______________________________________ James A. Caruso, Esq., Corporation Counsel

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