City Council
Regular MeetingTroy, NY · September 10, 2020
Minutes
Minutes of the
TROY CITY COUNCIL
FINANCE COMMITTEE
September 10, 2020
6:00 P.M.
Due to the COVID-19 crisis, this meeting was held remotely via videoconference.
The meeting was called to order at 6:09 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 Richard T. Morrissey, Deputy Comptroller Andrew Piotrowski, and City Engineer
Aaron Vera.
Council Member Zalewski made a motion to dispense with the reading of the minutes of the
prior meeting and approve as posted.
Public Forum:
Mark Russo
Hined Rafeh
Deputy Comptroller Andrew Piotrowski gave an update on the City budget in light of the COVID-
19 crisis.
68. Ordinance Amending Chapter 247 Of Troy City Code (Council Member Cummings,
Council Member Zalewski) (At The Request Of The Administration)
Ordinance passed 6 ayes, 1 no (Mantello), 0 abstentions.
69. Ordinance Authorizing Settlement Of Claims, To Wit: Dominic Comitale, Plaintiff, V.
City Of Troy, Defendant, Rensselaer County Supreme Court Case Index No. Ef2020-265299
(Council President Mantello) (At The Request Of The Administration)
Ordinance passed 7 ayes, 0 nos, 0 abstentions.
92. Resolution Proclaiming September, 2020, As Ovarian Cancer And Prostate Cancer
Awareness Month In The City Of Troy (Council President Mantello, Council Member Gulli,
Council Member Ashe McPherson, Council Member Steele, Council Member Cummings,
Council Member Zalewski, Council Member McDermott)
Resolution passed 7 ayes, 0 nos, 0 abstentions.
93. Resolution Postponing Further Implementation Of The Community Choice Aggregation
Program Authorized By Local Law No. 1 Of 2020 And Opting Not To See Pricing At The
Present Time (Council President Mantello, Council Member Ashe McPherson)
Resolution failed 3 ayes, 4 nos (Steele, Cummings, Zalewski, McDermott), 0 abstentions.
94. Resolution Confirming Appointments To The Troy Industrial Development Authority
(Council President Mantello) (At The Request Of The Administration)
Resolution passed 7 ayes, 0 nos, 0 abstentions.
Adjournment
The meeting adjourned at 7:27 p.m.
A video recording of this meeting is on file at the City Clerk's office.
Agenda
TROY CITY COUNCIL
FINANCE COMMITTEE AGENDA
September 10, 2020
6:00 P.M.
Pledge of Allegiance
Roll Call
Approval of Minutes
Presentation of Agenda
Public Forum (*see end of agenda for instructions)
COVID-19 Budget Update – Deputy Comptroller Andrew Piotrowski
LOCAL LAWS
ORDINANCES
68. Ordinance Amending Chapter 247 Of Troy City Code (Council Member Cummings, Council
Member Zalewski) (At The Request Of The Administration)
69. Ordinance Authorizing Settlement Of Claims, To Wit: Dominic Comitale, Plaintiff, V. City
Of Troy, Defendant, Rensselaer County Supreme Court Case Index No. Ef2020-265299 (Council
President Mantello) (At The Request Of The Administration)
RESOLUTIONS
92. Resolution Proclaiming September, 2020, As Ovarian Cancer And Prostate Cancer Awareness
Month In The City Of Troy (Council President Mantello, Council Member Gulli, Council Member
Ashe McPherson, Council Member Steele, Council Member Cummings, Council Member
Zalewski, Council Member McDermott)
93. Resolution Postponing Further Implementation Of The Community Choice Aggregation
Program Authorized By Local Law No. 1 Of 2020 And Opting Not To See Pricing At The Present
Time (Council President Mantello, Council Member Ashe McPherson)
94. Resolution Confirming Appointments To The Troy Industrial Development Authority (Council
President Mantello) (At The Request Of The Administration)
*PUBLIC FORUM
Due to the current COVID-19 crisis and pursuant to Governor Andrew Cuomo’s Executive
Order No. 202.1, this meeting shall be held remotely via videoconference and live-streamed on
the City Council’s YouTube channel. Troy residents who wish to comment during the public
forum at the beginning of the meeting must have the ability to join the Zoom meeting via
computer or phone and will be required to pre-register for the meeting. The link to register for
the meeting will be posted at least 24 hours before the meeting on the Council Agenda and
Minutes page and sent out through the City Clerk’s public notices email list. You must register
for the meeting by 3 pm on the day of the meeting. Comments for this meeting must be regarding
agenda items.
Per the City Council, written comments will not be read aloud at this meeting but will be added
to the meeting minutes. Written comments to be added to the meeting minutes should be sent to
mara.drogan@troyny.gov and must be received by 3 pm on the day of the meeting. You must
include your full name and residential address, as required by Council rules. Written comments
received after 3 pm shall be treated as correspondence and forwarded to the Council for their
review.
ORD68
ORDINANCE AMENDING CHAPTER 247 OF TROY CITY CODE
_____________________________________________________________________________________
The City of Troy, in City Council convened, ordains as follows:
Section 1. The purpose of this Ordinance is to amend various Sections and Subsections of Chapter
247 of the Troy City Code.
Section 2. Section 247-5 is amended by striking out and adding language as follows:
§ 247-5. Permits required.
No person, firm or corporation, public or private, shall engage in the business of removing solid wastes of
any kind from any building, premises, street or public place in the City, unless he, she or it the hauling
entity shall first have applied to and obtained from the Commissioner of General Services a solid waste
collection permit to do so and shall have agreed to conform to the regulations established by this article
and any other rules or regulations that may be promulgated by the Rensselaer County Department of
Health or the City of Troy Department of General Services of said City concerning the removal of solid
wastes. All permits under this section shall expire on the 31st day of December. Said permit , and shall be
nontransferable. A single hauling company, corporation, business or organization is required to hold one
permit per vehicle every year. A magnetic permit, displaying the permit number and license plate number,
The permit placard must be visibly displayed at all times, on the exterior of each transport vehicle
traveling within the City limits.
Section 3. Section 247-6 is amended by striking out and adding language as follows:
§ 247-6. Applications and fees.
Application for such a solid waste collection permit shall be made upon forms supplied by the
Commissioner of General Services, and shall be accompanied by a fee of $200 per vehicle, payable to the
City of Troy. At the time of making such application, the applicant must furnish to the Commissioner of
General Services a schedule of intended pickup days on the various highways, streets and roads within the
City, the schedule of rates and charges to be paid by the respective customers, together with a list of
vehicles to be used by the applicant and the license plate numbers thereof and a list of locations, with a
contact, to which the material picked up within the City will be brought.
Section 4. Section 247-7 is amended by striking out and repealing the Section and replacing the
entire Section as follows:
§ 247-7. Conditions for issuance of permits.
A.
For an applicant to be issued a permit for his/her vehicle for the collection and transportation of compost,
food waste, garbage, recyclables, rubbish, sewage solids, solid waste and dead animals within the City,
the vehicle shall be enclosed and watertight. For an applicant to be issued a permit for his/her vehicle for
the collection and transportation of all other solid wastes within the City, the vehicle shall be enclosed and
provided with a cover to completely cover the solid wastes.
B.
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Solid waste collection permit.
(1)
A solid waste collection permit shall be accompanied by a fee of between $200 and $250 per vehicle,
payable to the City of Troy, proposed as follows:
(a)
Submit this form and appropriate tiered payment for your annual hauler permit fee:
[1]
$200 if you are a small business with only one hauling vehicle.
[2]
$250 per truck if your business has between two and 10 trucks.
[3]
$225 per truck if your business has between 11 and 25 trucks.
[4]
$200 per truck if your business has over 26 trucks.
C.
A solid waste collection permit may only be issued after the approval of the application by the
Commissioner of General Services.
D.
The vehicles used by collectors and the routes of collection shall be subject to inspection and reasonable
visitation by the Commissioner or duly accredited and authorized agents of the City.
E.
The applicant shall be required to have a copy of the permit within each vehicle operating in the City and
be able to confirm there is a permit on file with the Commissioner of General Services.
F.
All permit holders will be required to fill out quarterly collection reports and file them with the
Commissioner of General Services. These reports include types of materials collected, weight/volume of
material collected and location where the material is disposed of each quarter. If the reports are not filed
within 30 days of the end of the prior quarter, the permit will be revoked. The permit can be reinstated if
the agency provides the required data. A new permit will not be issued the following year until the agency
becomes compliant with data reports.
G.
The applicant shall file with his/her application a certificate or affidavit of insurance, executed by
representatives of a duly qualified insurance company, evidencing that said insurance company has issued
liability and property damage insurance policies covering the following:
(1)
All operations of the applicant or any other person, firm or corporation employed by him/her in solid
waste collection within the corporate limits of the City.
(2)
Protecting the public and any person from injuries or damages sustained by reason of carrying on the
work of solid waste collection and disposal.
(3)
Recommendation per all parties is to include insurance as required per standard language in City-issued
contracts as follows:
(a)
Applicants and permittees must carry insurance as outlined below which identifies the City of Troy as an
additional named insured. Applicants and permittees shall keep and hold harmless the City, its agents and
employees for any and all claims, damages and liability of any kind whatsoever relative to the operations
covered by the permit.
[1]
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Commercial general liability and contractual liability on an occurrence basis with the following limits of
coverage: bodily injury, property damage and personal injury: $1,000,000 each occurrence/$2,000,000
general aggregate.
[2]
Professional liability/errors and omissions of at least $1,000,000 each occurrence/$2,000,000 aggregate
(if applicable).
[3]
Workers' compensation insurance as required by law and including employer's liability insurance;
statutory disability benefits insurance as may be required by law.
[4]
Comprehensive automobile liability coverage on owned, hired, leased, or nonowned autos with limits not
less than $1,000,000 combined for each accident because of bodily injury, sickness, or disease, sustained
by any person, caused by accident, and arising out of the ownership, maintenance or use of any
automobile for damage because of injury to or destruction of property, including the loss of use thereof,
caused by accident and arising out of the ownership, maintenance or use of any automobile.
[5]
Commercial umbrella coverage of $5,000,000.
(4)
Each policy of insurance required shall be in form and content satisfactory to the City Corporation
Counsel, and shall provide that:
(a)
The insurance policies shall not be changed or canceled until the expiration of 30 days after written notice
to the City of Troy Commissioner of General Services.
(b)
The insurance policies shall be automatically renewed upon expiration and continued in force unless the
City of Troy Commissioner of General Services is given 60 days' written notice to the contrary.
(5)
No work shall be commenced under the permit until the applicant has delivered to the Commissioner of
General Services proof of issuance of all policies of insurance required by the permit. If, at any time, any
of said policies shall be or become unsatisfactory to the City, the applicant shall promptly obtain a new
policy and submit proof of insurance of the same to the Commissioner of General Services for approval.
Upon failure of the applicant to furnish, deliver and maintain such insurance as above provided, this
permit may, at the election of the City, be forthwith declared suspended, discontinued or terminated.
Failure of the applicant to procure and maintain any required insurance shall not relieve the applicant
from any liability under the permit, nor shall the insurance requirements be constructed to conflict with
the obligations of the applicant concerning indemnification.
H.
A permit may be refused or revoked if the applicant shall have been convicted of a misdemeanor or
felony which in the judgment of the Commissioner renders the applicant an unfit or undesirable person or
if the applicant shall fail to meet and/or demonstrate the ability to meet the requirements of this article to
the satisfaction of the Commissioner, and from such a determination such permit may be refused or
revoked by the Commissioner of General Services.
§ 247-7. Conditions for issuance of permits.
A. A solid waste collection permit may only be issued after approval of the application by the
Commissioner of General Services.
B. A vehicle used for the collection and transportation of compost, food waste, garbage, recyclables,
rubbish, sewage solids, solid waste, and dead animals within the City shall be enclosed and watertight.
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A vehicle used for the collection and transportation of all other solid wastes within the City shall be
enclosed and provided with a cover to completely cover the solid wastes.
C. The vehicles used by collectors and the routes of collection shall be subject to inspection and
reasonable visitation by the Commissioner or duly accredited and authorized agents of the City.
D. A permit holder shall keep a copy of the current year’s permit within each solid waste collection
vehicle operating in the City.
E. All permit holders shall complete quarterly collection reports and file them with the Commissioner of
General Services. These quarterly reports shall include types of materials collected, weight/volume of
materials collected, and locations where the materials have been disposed of. Collection reports must be
filed within 30 days of the end of the prior quarter, or the Commissioner may revoke the permit. A
revoked permit may not be reinstated until the hauler provides the required data. A new permit will not be
issued for the following year if the hauler has not complied with the Commissioner’s data reporting
requirements.
F. Insurance. To be accepted for filing, every application for a solid waste collection permit must be
accompanied by a certificate or affidavit of insurance, executed by representatives of a duly qualified
insurance company, evidencing that the insurance company has issued liability and property damage
insurance policies covering all operations of the applicant and of any other person, firm, corporation, or
contractor employed or engaged by the applicant, and protecting the public and any and all persons and
property from injuries and damages arising out of or in consequence of the applicant’s operations. In
addition:
(1) The City of Troy shall be named additional insured on a primary and non-contributing basis
with coverage for any and all claims arising from the operations of the applicant or permittee or
any subcontractor.
(2) Applicants and permittees must carry insurance as specified below:
(a) Commercial general liability and contractual liability on an occurrence basis for all
personal and bodily injuries and property damage, with minimum coverage limits of
$1,000,000 each occurrence/$2,000,000 general aggregate.
(b) Workers' compensation insurance as required by law and including employer's
liability insurance. Statutory disability benefits insurance as may be required by law.
(c) Comprehensive motor vehicle liability coverage on owned, hired, leased, or non-
owned motor vehicles with coverage limits of not less than $1,000,000 combined for
each accident for damage because of bodily injury, sickness, or disease, sustained by any
person, caused by accident, and arising out of the ownership, maintenance, or use of any
motor vehicle, as well as for damage because of injury to or destruction of property,
including the loss of use thereof, caused by accident and arising out of the ownership,
maintenance, or use of any motor vehicle.
(d) Commercial umbrella coverage of $2,000,000.
(3) Each policy of insurance must be in form and content satisfactory to the Commissioner of
General Services and/or the City Corporation Counsel, and shall provide that:
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(a) The insurance policies shall not be changed or canceled until the expiration of 30 days
after written notice to the City of Troy Commissioner of General Services.
(b) The insurance policies shall be automatically renewed upon expiration and continued
in force unless the City of Troy Commissioner of General Services is given 60 days
written notice to the contrary.
(4) No work shall be commenced under the permit until the applicant has delivered to the
Commissioner of General Services proof of issuance of all policies of insurance required by the
permit. Actual policies of insurance shall be provided to the Commissioner upon demand
therefor. If, at any time, any of said policies shall be or become unsatisfactory to the City, the
applicant or permittee shall promptly obtain a new policy and submit new proof of insurance to
the Commissioner for approval. Upon failure of the applicant or permittee to furnish any requisite
item, or to deliver and maintain the insurance as above provided, the Commissioner shall suspend
or revoke the permit. Failure of the applicant or permittee to procure and maintain any required
insurance shall not relieve the applicant from liability under the permit, nor shall the insurance
requirements be constructed to conflict with or to satisfy or replace the separate obligations
concerning indemnification set forth below.
G. Indemnification. Separate and apart from the obligation to obtain the insurance required above,
applicants and permittees shall keep and hold harmless the City of Troy, its agents and employees, from
and against any and all liability, losses, or other claims for damages for death, bodily injury, or property
damage, or of any other kind or nature, arising out of or in consequence of the operations of the applicant
or permittee or any agent, servant, employee, or subcontractor of the applicant or permittee, all to the
fullest extent allowed by law, and they shall defend and indemnify the City of Troy, its agents and
employees, for any and all claims, damages and liability of any kind whatsoever, including all litigation
expenses and reasonable attorney fees, arising out of or in consequence of the operations of the applicant
or permittee.
H. A permit may be refused or revoked if the applicant has been convicted of a misdemeanor or felony
which in the judgment of the Commissioner renders the applicant unfit to hold a permit, or if the applicant
otherwise fails to meet the requirements of this article to the satisfaction of the Commissioner.
Section 5. Section 247-8 (C) (5) is amended by striking out and adding language as follows:
Solid waste management fees. The owner and/or occupant of each residential unit will pay an annual fee
in the amount of $164 per unit for the public solid waste collection services listed above provided by the
City. The solid waste management fee shall be set in the annual budget process and the fees will fund the
City's garbage fund. The solid waste management fee is subject to annual review and adjustments in
accordance with Subsection C (6) below. The number of units subject to the solid waste management fee
shall be based on the records maintained by the Office of the Tax Assessor.
Section 6. Section 247-9 (G) is amended by adding language as follows:
The owners of premises in the City that have alleys to the rear of their premises shall indicate the street
number of their premises at the rear of the premises by means of permanent sign, placard or metal
numbers affixed to a structure, fence or post with numbers at least three inches in height. All solid waste
containers shall be marked for identification by the owner, either by name or street number.
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Section 7. The City Council hereby enacts the foregoing amendments to Chapter 247 of the Troy
City Code, and authorizes the codification of these Sections and Subsections, with the elimination of the
words herein struck out and the addition of the underlined words, including the deletion of current Section
247-7 and the addition of new Section 247-7, all as delineated in this Ordinance.
Section 8. This Ordinance shall take effect immediately.
Approved as to form, ____________________ , 2020
___________________________________________
Richard T. Morrissey, Corporation Counsel
ORD68
MEMO IN SUPPORT
The purpose of these amendments is to clarify confusing language, modify the insurance
requirements for private haulers, strengthen the indemnity obligation, and equalize and reduce
permit fees. In addition, the amount of the annual solid waste management fee is no longer
referenced in the Code since the legislation already provides for annual adjustment of that fee in
the budget process. The requirement to place street numbers at the rear of premises adjoining
alleys is also spelled out.
ORD69
ORDINANCE AUTHORIZING SETTLEMENT OF CLAIMS, TO WIT:
DOMINIC COMITALE, PLAINTIFF, V. CITY OF TROY, DEFENDANT,
RENSSELAER COUNTY SUPREME COURT CASE INDEX NO. EF2020-265299
The City of Troy, in City Council convened, ordains as follows:
Section 1. The above named plaintiff commenced an action in Rensselaer County Supreme
Court against the City of Troy, alleging that the City violated the terms of a
Resignation and Release Agreement dated January 2, 2019, by not paying him the
value of certain accruals upon his resignation.
Section 2. The Corporation Counsel is authorized to settle the above litigation in a manner
that conforms in all material respects with and in the amount identified in the
attached Release and Settlement Agreement dated July 24, 2020. The
Corporation Counsel shall obtain a duly executed Stipulation of Discontinuance
and Release in full satisfaction of the claims prior to payment.
Section 3. The Comptroller is authorized and directed to make, issue, and countersign the
required drafts as outlined in the Release and Settlement Agreement, said sums to be
payable out of the Judgments and Claims Account.
Section 4. This Ordinance shall take effect immediately.
Approved as to form, ____________________ , 2020
___________________________________________
Richard T. Morrissey, Corporation Counsel
ORD69
MEMORANDUM IN SUPPORT
After a somewhat checkered career as a Troy police officer, plaintiff resigned his
position effective January 2, 2019, rather than face disciplinary termination. The City
accepted the resignation, but a dispute soon arose regarding the terms of a Resignation
and Release Agreement and the payment of accruals. By way of both a grievance (which
the City moved to stay arbitration of under Index No. 2019-262718) and a separate
Supreme Court action, plaintiff claimed that the City had failed to pay him $19,460.88,
that he alleged was due. The City maintained it had paid him everything that was owed
under the Resignation Agreement, and disclaimed all further liability. Earlier this year, at
a Civil Appeals Settlement Program conference for the stay of arbitration matter, the
parties reached a global settlement, whereby the City would pay plaintiff $10,000.00 00
in full satisfaction of all claims in return for discontinuance of both the civil action and
the grievance arbitration. The settlement is expressly subject to City Council approval.
Plaintiff has now executed the Release and Settlement Agreement, attached hereto.
By its terms, all of his claims will be withdrawn and the two proceedings will be
dismissed with prejudice upon payment of the agreed sum, which is approximately 50%
less than the original claim. There will be no admission of liability or fault on the part of
the City. Additionally, each party will be responsible for its own costs and attorney’s
fees. These cases will be discontinued in their entirety with prejudice and the City will
be released from all further liability. In general, arbitrators and courts look unkindly
upon forfeitures of accrued benefits. The recommendation to settle this case is strictly a
business decision taken in full consideration of the available defenses to the claim and to
avoid the potential for a substantially higher award of damages, as well as the
expenditures of further litigation, trial, and arbitration. Plaintiff understands that the
proposed settlement is conditioned upon approval of the City Council and the Mayor. If
the terms of the settlement are not approved and fully executed, then the cases will be
returned to the trial and appeal calendars.
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RES92
RESOLUTION PROCLAIMING SEPTEMBER, 2020, AS OVARIAN CANCER AND
PROSTATE CANCER AWARENESS MONTH IN THE CITY OF TROY
WHEREAS, it is the custom of this Legislative Body to recognize official months that are set
aside to increase awareness of serious issues that affect the lives of the citizens of Troy; and
WHEREAS, ovarian cancer is the fifth leading cause of cancer-related deaths in women
between the ages of 35 and 74, and an estimated one out of 71 women will develop ovarian
cancer in her lifetime; and
WHEREAS, a family history of ovarian cancer increases the risk for the disease, as well as a
history of any type of cancer due to an inherited gene mutation; and
WHEREAS, the American Cancer Society has estimated that there are approximately 1,500 new
cases of ovarian cancer in New York State each year, and that nearly 1,000 New Yorkers die
from the disease annually; and
WHEREAS, the symptoms of ovarian cancer can be masked, often presenting as more common
and less lethal conditions such as digestive and bladder problems, nausea, bloating, and lack of
appetite, thus reducing the concern for immediate medical attention; and
WHEREAS, there are a multitude of risk factors associated with ovarian cancer, such as age,
obesity, reproductive history, hormone therapy, and diet; and
WHEREAS, treatment for all stages of ovarian cancer can involve the removal of the uterus,
ovaries, and fallopian tubes, followed by chemotherapy and regular physical exams; and
WHEREAS, screening for ovarian cancer is instrumental in detecting the disease and saving
lives, because early detection is a vital measure for manageable treatment, while late detection
can result in the spread of the cancer; and
WHEREAS, the American Cancer Society has estimated that, in 2019, there were 174,650 new
cases and 31,620 deaths due to prostate cancer in the United States; and
WHEREAS, each year in New York State there are about 14,000 new cases and 1,700 deaths
due to prostate cancer; and
WHEREAS, one out of every seven American men will be diagnosed with prostate cancer in his
lifetime and prostate cancer remains the second leading cause of cancer-related deaths amongst
American men (conversely, Asian men who live in Asia have the lowest risk); and
WHEREAS, the most clearly established risk factors for prostate cancer are age, race, family
history, and high-fat diets; and
RES92
WHEREAS, in the United States, more than 65 percent of all prostate cancers are diagnosed in
men over the age of 65, and in 2016, black men had 70% more new cases of prostate cancer than
white men and were nearly 2.4 times more likely to die from the disease; and
WHEREAS, prostate cancer can be symptomless for years and there is often no way to detect
prostate cancer in its early stages except through specific tests performed by a trained medical
professional, making regular screening critical; and
WHEREAS, screening by both a digital rectal examination (DRE) and a prostate specific
antigen (PSA) blood test can help diagnose the disease in its early stages, increasing the chances
of surviving more than five years to nearly 100 percent, while only 33 percent of men survive
more than five years if diagnosed during the late stages of the disease; and
WHEREAS, Ovarian Cancer Awareness Month and Prostate Cancer Awareness Month are
dedicated to educating people in the United States, including health care providers, about ovarian
and prostate cancer and the early detection strategies that have proven to be essential to saving
the lives of those battling these cancers; and
WHEREAS, the Troy City Council continues its commitment to educate the public in the
importance of early detection and prevention, to support institutions that further research and
knowledge in the treatment of ovarian cancer and prostate cancer, and to promote a City
environment in which a healthy lifestyle will result in healthy minds and bodies.
NOW, THEREFORE, BE IT RESOLVED, that the Troy City Council pause in its
deliberations to proclaim September, 2020, as Ovarian Cancer and Prostate Cancer Awareness
Month in the City of Troy.
Approved as to form, ____________________ , 2020
___________________________________________
Richard T. Morrissey, Corporation Counsel
RES93
RESOLUTION POSTPONING FURTHER IMPLEMENTATION OF THE
COMMUNITY CHOICE AGGREGATION PROGRAM AUTHORIZED BY LOCAL
LAW NO. 1 OF 2020 AND OPTING NOT TO SEE PRICING AT THE PRESENT TIME
WHEREAS, Local Law No. 1 of 2020 was adopted in March of 2020, establishing a
Community Choice Aggregation Program (CCAP) to aggregate the energy supply purchases of
community residents and small commercial customers; and
WHEREAS, the purpose of the CCAP is to foster bulk rate electricity buying that can result in
new choices for purchasing renewable electricity and potentially cheaper rates for consumers;
and
WHEREAS, implementation of the CCAP, as well as the continuing and necessary education of
the rate payers, has been delayed and otherwise adversely affected by the COVID-19 pandemic
and ensuing public health emergency; and
WHEREAS, the CCAP Oversight Board, authorized by Section 143-6 of Local Law No. 1 of
2020, has not been established yet due to COVID-19, further delaying the appropriate
implementation of the CCAP; and
WHEREAS, the New York State mandated “opt-out” decision requires extensive public
education that has been compromised by COVID-19; and
WHEREAS, the local municipalities of Albany, Schenectady, and Bethlehem, who also are part
of the CCAP, have decided not to move forward with further implementation at this time.
NOW, THEREFORE, BE IT RESOLVED, that the implementation of the CCAP be
postponed due to COVID-19 until the rate payers have had a full and fair opportunity to be
educated about the CCAP and the required decision to “opt-out” or not; and
BE IT FURTHER RESOLVED, that the Troy City Council hereby opts not to see pricing at
the present time.
Approved as to form, ____________________ , 2020
___________________________________________
Richard T. Morrissey, Corporation Counsel
RES94
RESOLUTION CONFIRMING APPOINTMENTS TO THE
TROY INDUSTRIAL DEVELOPMENT AUTHORITY
WHEREAS, Article 8, Title 11, Section 1952 of the Public Authorities Law of the State of New
York created and established the board known as the Troy Industrial Development Authority
(hereinafter “Troy IDA”); and
WHEREAS, the board of the Troy IDA consists of a Chairperson and eight other members, all
of whom are appointed by the Mayor of the City for a term of three years, subject to
confirmation by the City Council; and
WHEREAS, the Troy IDA must include two members of the City Council, one representative
of the school board, and one representative from each of the fields of business, industry, and
labor; and
WHEREAS, the resignation of Paul Carrol, representing Labor, and the expiration of the term of
Tina Urzan have created two vacancies on the board of the Troy IDA; and
WHEREAS, the Mayor has appointed Latasha Gardner to fill the vacancy created by the
resignation of Paul Carrol, and has appointed Joshua Chiappone to fill the vacancy created by the
expiration of the term of Tina Urzan.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Troy hereby
confirms the appointment to the Troy IDA of Latasha Gardner to serve the remainder of the term
ending April 8, 2021, as a representative of Labor, and hereby confirms the appointment to the
Troy IDA of Joshua Chiappone for a term of three years, the terms of each appointee to
commence upon passage of this Resolution and approval by the Mayor; and
BE IT FURTHER RESOLVED, that the Council hereby thanks Tina Urzan for her dedication
and service.
Approved as to form, ____________________ , 2020
___________________________________________
Richard T. Morrissey, Corporation Counsel
RES94
WM. Patrick Madden Steven Strichman
Mayor Commissioner of Planning &
Economic Development
Monica Kurzejeski
Deputy Mayor Department of Phone: (518) 279-7166
Planning & Economic Development Fax: (518) 268-1690
Steven.Strichman@troyny.gov
City Hall
433 River Street
Troy, New York 12180
To: City Council
From: Steven Strichman
Date: September 1, 2020
Re: IDA Appointments
The Mayor is forwarding for City Council confirmation the names of two candidates to serve on the Troy
Industrial Development Authority Board.
Latasha Gardner is being appointed to fill the vacancy created by Paul Carrol’s resignation. Her
term will run through April 8, 2021, the original end of Mr. Carrol’s term.
Josh Chiappone is being appointed for a full three year term as he is replacing Tina Urzan, whose
term has expired.
Under New York State Public Authorities Law Article 8, Title 11, Section 1952, the Troy IDA shall
consist of a Chairman and eight other members, all of whom shall be appointed by the Mayor of the City
for a term of three years, and shall include two members of the City Council, one representative of the
city school board, and one representative from each of the fields of business, industry, and labor. Each
appointment to the board shall be subject to confirmation by the City Council. The Chairman and each
member shall continue to serve until the appointment and confirmation of his or her successor. Vacancies
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.
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