City Council
Regular MeetingTroy, NY · February 20, 2020
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)
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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.
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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.
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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.
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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
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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
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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.
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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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