City Council

TROY CITY COUNCIL FINANCE MEETING AGENDA January 21, 2021 6:00 P.M. Pledge of Allegiance Roll Call Approval of Minutes Presentation of Agenda Public Forum (*see end of agenda for instructions) LOCAL LAWS ORDINANCES 2. Ordinance Amending The Capital Projects Fund To Allow For The Closure Of Multiple Capital Projects (Council President Mantello) (At The Request Of The Administration) 3. Ordinance Amending The Capital Projects Fund Budgets (Council President Mantello) (At The Request Of The Administration) 4. 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) 5. Ordinance Authorizing The City Of Troy To Accept Grant Funding From The Northern Borders Regional Commission For Infrastructure Work At And Around One Monument Square And Amending The Capital Projects Fund Budget To Appropriate Funding From Said Grant (Council President Mantello) (At The Request Of The Administration) 6. Ordinance Authorizing Settlement Of Claim, To Wit: Allstate Fire And Casualty Insurance Company A/S/O Kip W. Sheldon, Plaintiff, V. The City Of Troy, Defendant, Troy City Court Case Index No. Cv-2789-18 (Council President Mantello) (At The Request Of The Administration) 7. Ordinance Approving A Grant Of Easement To Niagara Mohawk Power Corporation And Verizon New York Inc. (Council President Mantello) (At The Request Of The Administration) 1 RESOLUTIONS 3. Resolution Proclaiming The Month Of February 2021 As Black History Month In The City Of Troy, New York (Council President Mantello, Council Member Gulli, Council Member Ashe- McPherson, Council Member Steele, Council Member Cummings, Council Member Zalewski, Council Member McDermott) 4. Resolution Appointing Commissioners Of Deeds For The City Of Troy (Council President Mantello) 5. Resolution Authorizing The Mayor To Enter Into A Three (3) Year Agreement With The Bonadio Group To Provide Independent Auditing Services For The Fiscal Years 2020, 2021, And 2022 (Council President Mantello) 7. Resolution Of The City Council Of The City Of Troy Calling On The New York State Legislature To Pass, And The Governor To Sign, A Bill Creating Private Property Tax Abatement For Improvements To Certain Residential And Mixed Use Property (Council Member Cummings) (At The Request Of The Administration) 8. Resolution Of The City Council Of The City Of Troy Calling On The New York State Legislature To Pass, And The Governor To Sign, A Bill To Amend The Troy IDA Enabling Act (Council Member Zalewski) (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. You must register for the meeting by 3 pm on the day of the meeting. 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. 2  ORD2 ORDINANCE AMENDING THE CAPITAL PROJECTS FUND TO ALLOW FOR THE CLOSURE OF MULTIPLE CAPITAL PROJECTS The City of Troy, convened in City Council, ordains as follows: Section 1. The City of Troy budget is herein amended as set forth in Schedule A entitled: 2021 Budget Amendments – Closure of Completed Capital Projects which is attached hereto and made a part hereof Section 2. The City Comptroller’s Office has determined the below listed capital projects within the Capital Projects Fund have been completed and are ready to be closed by the Troy City Council. 1. Spring Avenue Bridge 2. Riverfront Park Access 3. 2015 Police Vehicles 4. 2016 Department of Public Utilities Capital Plan 5. Urban Trails Section 3. The City Comptroller’s Office has reviewed the revenues and expenditures for the projects as set forth in Schedule B: Summary of Revenues & Expenditures which is attached hereto and made a part hereof. Section 4. This ordinance authorizes the City Comptroller to account for the completed capital projects as part of the 2020 year-end reconciliation. Section 5. This Ordinance shall take effect immediately. Approved as to form ____________________, 2021 Richard T. Morrissey, Corporation Counsel  ORD2 MEMO IN SUPPORT The City has completed the capital projects listed within this ordinance. They are ready to be deemed completed and closed by the City Council. All accounting records for each of the respective projects have been reviewed individually. The Schedule A amends the project budgets to bring the remaining balance of revenue and expenditure accounts to $0.00 and the Schedule B provides a recap of the total project revenues and expenditures. Remaining funds are being returned to the originating fund or transferred to the Debt Service Fund to be used for future debt costs pursuant to New York State Finance Law.  Schedule A ORD2 2021 Budget Amendments – Closure of Completed Capital Projects Original Change Revised Department Account No. Description Budget* (+/-) Budget Revenues Urban Trails H.1000.2401.0628.0000 Interest 0.00 48.31 48.31 Urban Trails H.7000.3389.0628.0000 State Aid 48,480.00 (782.52) 47,697.48 2016 DPU Capital Plan H.1000.2401.0618.0000 Interest 0.00 338.53 338.53 2015 Police Vehicles H.1000.2401.0616.0000 Interest 116.24 15.78 132.02 Riverfront Park Access H.7000.3889.0614.0000 State Aid 954,000.00 (694,444.04) 259,555.96 Spring Avenue Bridge H.0000.3597.0558.0000 State Aid 576,641.00 (32,840.81) 543,800.19 Spring Avenue Bridge H.0000.4597.0558.0000 Federal Aid 3,247,403.00 (266,374.36) 2,981,028.64 Spring Avenue Bridge H.0000.5031.0558.0000 Interfund Transfers 32,683.55 (20,219.55) 12,464.00 Spring Avenue Bridge H.0000.5710.0558.0000 Serial Bonds 202,525.45 166,166.55 368,692.00 Spring Avenue Bridge H.0000.5731.0558.0000 BANs Redeemed 0.00 165,000.00 165,000.00 Spring Avenue Bridge H.1000.2401.0558.0000 Interest 1,401.07 139.80 1,540.87 Total Capital Projects Fund Budget Revenue Increase (Decrease) (682,952.31) Expenditures Urban Trails H.8020.0409.0628.0000 Consultant Services 48,480.00 (782.52) 47,697.48 Urban Trails H.9950.0998.0000.0000 Interfund Transfers 0.00 48.31 48.31 2016 DPU Capital Plan H.1640.0202.0618.0000 Vehicles 480,000.00 (398.06) 479,601.94 2016 DPU Capital Plan H.9950.0907.0618.0000 Interfund Transfers 0.00 736.59 736.59 2015 Police Vehicles H.9950.0998.0616.0000 Interfund Transfers 6,005.98 15.78 6,021.76 Riverfront Park Access H.7110.0200.0614.0000 Equipment & Capital Outlay 954,000.00 (704,000.00) 250,000.00 Riverfront Park Access H.9950.0998.0614.0000 Interfund Transfers 0.00 9,555.96 9,555.96 Spring Avenue Bridge H.5120.0200.0558.0000 Equipment & Capital Outlay 4,059,259.00 80,232.30 4,139,491.30 Spring Avenue Bridge H.9950.0998.0558.0000 Interfund Transfers 1,401.07 140.78 1,541.85 Total Capital Projects Fund Budget Expenditure Increase (Decrease) (614,450.86) Net Impact On Capital Projects Fund (68,501.45) * Or as previously amended  Schedule B ORD2 Summary of Revenues & Expenditures Spring Avenue Bridge Section 1 - Project Revenues Federal Aid 2,981,028.64 State Aid 543,800.19 Serial Bonds 368,692.00 BANs Redeemed 165,000.00 Project Fund Balance Adjustment 68,507.45 Interest 1,540.87 Interfund Transfer 12,464.00 Total Project Revenues 4,141,033.15 Section 2 - Project Expenditures Interfund Transfer 1,541.85 Equipment & Capital Outlay 4,139,491.30 Total Project Expenditures 4,141,033.15 Section 3 - Project Summary Total Revenues 4,141,033.15 Total Expenditures 4,141,033.15 Net Project Balance 0.00 Riverfront Park Access Section 1 - Project Revenues State Aid 259,555.96 Total Project Revenues 259,555.96 Section 2 - Project Expenditures Interfund Transfer 9,555.96 Equipment & Capital Outlay 250,000.00 Total Project Expenditures 259,555.96 Section 3 - Project Summary Total Revenues 259,555.96 Total Expenditures 259,555.96 Net Project Balance 0.00  2015 Police Vehicles Section 1 - Project Revenues Interest 132.02 BANs Redeemed 375,000.00 Total Project Revenues 375,132.02 Section 2 - Project Expenditures Interfund Transfer 6,021.76 Vehicles 369,110.26 Total Project Expenditures 375,132.02 Section 3 - Project Summary Total Revenues 375,132.02 Total Expenditures 375,132.02 Net Project Balance 0.00 2016 DPU Capital Plan Section 1 - Project Revenues Interest 338.53 Interfund Transfer 480,000.00 Total Project Revenues 480,338.53 Section 2 - Project Expenditures Vehicles 479,601.94 Interfund Transfer 736.59 Total Project Expenditures 480,338.53 Section 3 - Project Summary Total Revenues 480,338.53 Total Expenditures 480,338.53 Net Project Balance 0.00  Urban Trails Section 1 - Project Revenues Interest 48.31 State Aid 47,697.48 Total Project Revenues 47,745.79 Section 2 - Project Expenditures Interfund Transfer 48.31 Consultant Services 47,697.48 Total Project Expenditures 47,745.79 Section 3 - Project Summary Total Revenues 47,745.79 Total Expenditures 47,745.79 Net Project Balance 0.00  ORD3 ORDINANCE AMENDING THE CAPITAL PROJECTS FUND BUDGETS The City of Troy, convened in City Council, ordains as follows: Section 1. The City of Troy 2021 budget is herein amended as set forth in Schedule A entitled: 2021 Budget Amendments - TRF Park Funding which is attached hereto and made a part hereof Section 2. This Ordinance shall take effect immediately. Approved as to form ____________________, 2021 Richard T. Morrissey, Corporation Counsel  ORD3 MEMO IN SUPPORT This ordinance amends the Capital Projects Fund budget to accept funding from the Troy Redevelopment Foundation (“TRF”) in the amount of $75,000 for the specific purpose of making improvements to the 10th Street Park and Old Sixth Avenue Park. Funding is being appropriated within the Park Improvements capital project that was created as part of the 2021 Capital Plan.  Schedule A ORD3 2021 Budget Amendments - TRF Park Funding Original Change Revised Department Account No. Description Budget* (+/-) Budget Revenues Park Improvements H.1000.2705.0675.0000 Gifts & Donations 0.00 75,000.00 75,000.00 Total Capital Projects Fund Budget Revenue Increase 75,000.00 Expenditures Park Improvements H.7110.0204.0675.0000 Facility Upgrades 2,000,000.00 75,000.00 2,075,000.00 Total Capital Projects Fund Budget Expenditure Increase 75,000.00 Net Impact On Capital Projects Fund 0.00 * Or as previously amended  ORD4 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 2021 City of Troy Budget is hereby amended to establish a new Capital Project as set forth in Schedule A entitled: 2021 Budget Amendments – DPW Gas Tank Removal which is attached hereto and made a part hereof Section 2. This Ordinance shall take effect immediately. Approved as to form ____________________, 2021 Richard T. Morrissey, Corporation Counsel  ORD4 MEMO IN SUPPORT This ordinance establishes the budget for the removal and replacement of the gas tanks at the DPW Facility based on the bond resolution that was approved in December 2020 in the amount of $1,000,000.  Schedule A ORD4 2021 Budget Amedments - DPW Gas Tank Removal Original Change Revised Department Account No. Description Budget* (+/-) Budget Revenues DPW Gas Tank Removal H.0000.5731.0678.0000 BANs Redeemed 0.00 1,000,000.00 1,000,000.00 Total Capital Projects Fund Budget Revenue Increase 1,000,000.00 Expenditures DPW Gas Tank Removal H.1620.0204.0678.0000 Facilities Improvements 0.00 1,000,000.00 1,000,000.00 Total Capital Projects Fund Budget Expenditure Increase 1,000,000.00 Net Impact On Capital Projects Fund 0.00 * Or as previously amended  ORD5 ORDINANCE AUTHORIZING THE CITY OF TROY TO ACCEPT GRANT FUNDING FROM THE NORTHERN BORDERS REGIONAL COMMISSION FOR INFRASTRUCTURE WORK AT AND AROUND ONE MONUMENT SQUARE AND AMENDING THE CAPITAL PROJECTS FUND BUDGET TO APPROPRIATE FUNDING FROM SAID GRANT The City of Troy, convened in City Council, ordains as follows: Section 1. The City of Troy hereby accepts grant funding from the Northern Borders Regional Commission for the purpose of infrastructure work at and around One Monument Square. Section 2. The Mayor of the City of Troy is hereby authorized to execute any and all necessary agreements with the Northern Borders Regional Commission and other entities in order to accept the grant. Section 3. The City of Troy 2021 budget is herein amended as set forth in Schedule A entitled: 2021 Budget Amendments – NBR Grant which is attached hereto and made a part hereof Section 4. This Ordinance shall take effect immediately. Approved as to form ____________________, 2021 Richard T. Morrissey, Corporation Counsel  ORD5 MEMO IN SUPPORT In August 2020, the Northern Borders Regional Commission awarded a grant in the amount of $1,000,000 for infrastructure work at and around One Monument Square. This Ordinance allows the grant to be accepted by the City as the lead applicant with the Troy Local Development Corporation acting as the co-applicant for the grant award. The grant match will come from the City’s existing New York State Department of State grant and in-kind services provided by City staff. This ordinance both accepts the grant funding and appropriates the funding to the One Monument Square Capital Project.  Schedule A ORD5 2021 Budget Amendments – NBR Grant Original Change Revised Department Account No. Description Budget* (+/-) Budget Revenues Redevelopment of One Monument Square H.8000.4997.0550.0000 Federal Aid 0.00 1,000,000.00 1,000,000.00 Total Capital Projects Fund Budget Revenue Increase 1,000,000.00 Expenditures Redevelopment of One Monument Square H.1620.0200.0550.0000 Equipment & Capital Outlay 4,200,000.00 1,000,000.00 5,200,000.00 Total Capital Projects Fund Budget Expenditure Increase 1,000,000.00 Net Impact On Capital Projects Fund 0.00 * Or as previously amended  ORD6 ORDINANCE AUTHORIZING SETTLEMENT OF CLAIM, TO WIT: ALLSTATE FIRE AND CASUALTY INSURANCE COMPANY a/s/o KIP W. SHELDON, PLAINTIFF, V. THE CITY OF TROY, DEFENDANT, TROY CITY COURT CASE INDEX NO. CV-2789-18 The City of Troy, in City Council convened, ordains as follows: Section 1. The above named Plaintiff commenced an action in Troy City Court against the City of Troy, alleging that a City employee driving a City owned vehicle collided with its insured’s automobile causing property damage. 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 Exhibit “A” (Draft of the Release). The Corporation Counsel shall obtain a duly executed Stipulation of Discontinuance and Release in full satisfaction of the claim prior to payment. Section 3. The Comptroller is authorized and directed to make, issue, and countersign the required draft as outlined in the Settlement Release, said sum to be payable out of the Judgments and Claims Account. Section 4. This Ordinance shall take effect immediately. Approved as to form, _________________, 2021 ________________________________________ Richard T. Morrissey, Corporation Counsel  ORD6 MEMORANDUM IN SUPPORT Plaintiff alleges that a City vehicle driven by a City employee struck its insured’s automobile on or about July 6, 2017, at or near the sallyport on the Sixth Avenue side of the Troy Police Station, in the City of Troy. A notice of claim was timely served, and on July 5, 2018, the plaintiff commenced this action sounding in negligence in Troy City Court against the City of Troy. Plaintiff alleged property damage to its insured’s vehicle and rental charges in the total amount of $10,796.24. Document discovery and depositions have concluded in this case. Video evidence showed our police officer slowly backing out of the sallyport onto Sixth Avenue, with his view to the north completely obstructed by a POD storage unit. Plaintiff’s southbound vehicle, which was traveling in excess of the speed limit, then struck the Police SUV in the right rear. Remarkably, there were no significant injuries. Settlement is advisable as a practical business decision. Although Plaintiff’s driver falsely testified that she was slowing down for the light at the time of the collision, and further admitted that she never saw the Police SUV in her lane before the collision, the officer did not deploy his lights or siren before blindly backing his vehicle into the southbound lane of Sixth Avenue. Plaintiff may have had the last clear chance to avoid the accident but our driver was not entirely blameless. If the case goes to a jury, a finding of some degree of liability for the damages claimed would not be surprising. Settlement avoids surprises. Under the terms of the proposed Release and Stipulation of Discontinuance, this action will be dismissed. In return, the City shall pay plaintiff $1750.00 in full satisfaction of all damages, an 84% discount. There will be no admission of liability or fault on the part of the Defendant. Additionally, each party will be responsible for its own costs and attorney’s fees. The case will be discontinued in its entirety with prejudice and the City and its employee will be released from all further liability. The recommendation to settle is strictly a business decision taken in full consideration of the available defenses to the claim and to avoid the potential for a significantly higher award of damages, as well as the expenditures of further litigation and trial. Plaintiff understands that the proposed settlement is conditioned upon approval of both the City Council and the Mayor. If the terms of the settlement are not approved and fully executed, then this case will be returned to the trial calendar.  ORD6 RELEASE Know All Men and Women by These Presents: That for and in consideration of the sum of ONE THOUSAND SEVEN HUNDRED AND FIFTY & 00/100ths Dollars ($1750.00), lawful money of the United States of America and other good and valuable consideration, the receipt and sufficiency whereof is hereby acknowledged, the Releasor herein - namely, ALLSTATE FIRE AND CASUALTY INSURANCE COMPANY, an insurance corporation doing business in the State of New York, and acting in this matter as Subrogee of its insured, Kip W. Sheldon, and represented herein by its attorney Robert Adamo, Esq., Law Office of John Trop, 120 White Plains Road, Suite 200, Tarrytown, New York 10591, for itself and for Releasor’s subrogors, employees, members, shareholders, officers, directors, successors, attorneys, agents, heirs and assigns - does hereby remise, release, and forever discharge the Releasees herein - namely, the THE CITY OF TROY, its officers, agents, employees, attorneys, subsidiaries, affiliates, divisions, bureaus, departments (including but not limited to the City of Troy Police Department), successors, heirs and assigns – of and from any and all actions, causes of action, suits, debts, dues, sums of money, accounts, reckonings, bonds, bills, specialties, covenants, contracts, controversies, agreements, promises, variances, trespasses, damages, judgments, extents, executions, claims, demands, rights, and causes, of whatsoever kind and nature, in law, admiralty, or equity, which Releasor, Releasor’s subrogors, employees, members, shareholders, officers, directors, successors, attorneys, agents, heirs, and assigns ever had, now have, or hereafter can, shall, or may have against the Releasees, for, upon, or by reason of any matter, cause, thing, or negligence whatsoever from the beginning of the world to the day of the date of these presents, including any and all claims arising out of or related to a motor vehicle accident that allegedly occurred on or about on or about July 6, 2017, at or near the sallyport on the Sixth Avenue side of the Troy Police Station, in the City of Troy, New York, and thereafter subrogated and sued by the Releasor herein (AllState Fire and Casualty Insurance Company a/s/o Kip W. Sheldon v. The City of Troy, Troy City Court Case Index No. CV-2789-18), and any and all other matters for which the Releasees could be claimed to be legally liable, which liability is hereby expressly denied, disclaimed, and discharged, now and forever. This Release may not be changed orally. The intent of this Release is to release all claims, past, present, and future, known and unknown, arising out of or related to the motor vehicle accident described above. This Release does not apply to any other claim of the Releasor arising out of a different motor vehicle accident or out of another wholly different transaction unrelated to the motor vehicle accident described above. This Release and the consideration therefor represent a negotiated compromise of disputed claims and shall not be construed as an admission of liability or wrongdoing on the part of any party, and shall not be used as evidence in any proceeding except to enforce the terms of the Release. IN WITNESS WHEREOF, I have hereunto set my hand and seal this day of in the year Two Thousand and Twenty-One. 1  ORD6 ALLSTATE FIRE AND CASUALTY INSURANCE COMPANY by: Print Name & Title: Authorized Agent for AllState Fire and Casualty Insurance Company ACKNOWLEDGMENT STATE OF ) COUNTY OF ) ss.: On this __________ day of _______________ 2021, before me, the undersigned, a Notary Public in and for the State of __________________________, personally appeared __________________________________ , authorized agent for the Releasor herein, personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that s/he executed the same in his or her capacity, and that by his or her signature on the instrument, the individual, or the person, or the entity upon behalf of which the individual subscriber acted, executed the instrument. Notary Public - State of Co. Comm. Exp. 2  ORD8 ORDINANCE APPROVING A GRANT OF EASEMENT TO NIAGARA MOHAWK POWER CORPORATION AND VERIZON NEW YORK INC. The City of Troy, in City Council convened, ordains as follows: Section 1. Niagara Mohawk Power Corporation has asked the City of Troy to grant a perpetual Easement through City lands commonly identified as 530 Campbell Avenue where Firehouse #3 is located, all as more fully described in the “Grant of Easement” and “Easement Sketch” both of which are attached hereto and made a part hereof as Exhibit 1. Section 2. Niagara Mohawk will use the Easement to construct poles and power lines to relocate service in connection with the Campbell Avenue Bridge Reconstruction . Section 3. The terms, conditions, and covenants of the Easement are stated in the attached Grant of Easement. The planned facilities, as well as the rights to use and maintain them within the Easement area, are reasonably consistent with the current uses of the surface lands. Section 4. The Mayor is authorized to execute on behalf of the City of Troy a Grant of Easement that conforms in all material respects to the attachment hereto. Section 5. This Ordinance shall take effect immediately. Approved as to form, _____________________, 2021 ____________________________________________ Richard T. Morrissey, Corporation Counsel  ORD8 MEMO IN SUPPORT This permanent Easement will transfer certain property rights in City owned lands located at 530 Campbell Avenue (commonly known as Firehouse #3) to Niagara Mohawk and Verizon. The purpose of the Easement is to permit relocation of facilities that currently run along Campbell Avenue and to install a new pole at the east side of the Firehouse lot. Reconstruction of the Campbell Avenue Bridge requires this relocation, which the utilities must accomplish at their own expense. Both the City Engineer and the Troy Fire Department have reviewed the proposed Easement and have concluded it will not interfere with firehouse operations. The planned facilities are consistent with the present uses of the surface lands. Niagara Mohawk will own all of the power facilities it constructs, as well as the rights to use and maintain them within the granted Easement area in perpetuity. ORD8 ORD8 ORD8  RES3 RESOLUTION PROCLAIMING THE MONTH OF FEBRUARY 2021 AS BLACK HISTORY MONTH IN THE CITY OF TROY, NEW YORK ______________________________________________________________________________ WHEREAS, Black History Month was founded by Dr. Carter G. Woodson, and was first celebrated on February 1, 1926; and WHEREAS, since 1976, Black History Month has become a nationally recognized month-long celebration, held each year during the month of February, to acknowledge and pay tribute to African-Americans and their achievements; and WHEREAS, this month-long celebration commemorates the extraordinary efforts, accomplishments, and victories of African-Americans in their long endeavor to develop and promote equal opportunity and social equality throughout the United States; and WHEREAS, Black History Month is a time to celebrate the memory and strength of spirit of those people of color in our nation’s history who triumphed over adversity and rose above their social circumstances to build dignified lives for themselves, and in so doing, left an honorable cultural legacy for those who follow in their paths. NOW, THEREFORE, BE IT RESOLVED, that the Troy City Council commends the African- American community and does hereby proclaim the month of February 2021 as Black History Month in the City of Troy, New York; and BE IT FURTHER RESOLVED, that this month, and throughout the year, we commit ourselves to raising our awareness and appreciation of the histories and cultures of our nation’s people of color, and may their American spirit continue to enrich our daily lives. Approved as to form ________________, 2021 ______________________________________ Richard T. Morrissey, Corporation Counsel  RES4 RESOLUTION APPOINTING COMMISSIONERS OF DEEDS FOR THE CITY OF TROY BE IT RESOLVED, that the City Council hereby appoints the following individuals, as identified in the applications attached hereto and made a part hereof, Commissioners of Deeds for the City of Troy, each for a two-year term beginning on February 5, 2021 and ending on February 4, 2023. John Van Alstyne 266 Pawling Avenue Troy, New York 12180 Catherine I. Conroy 387 3rd Avenue Unit 204 Troy, New York 12180 Approved as to form ________________, 2021 ______________________________________ Richard T. Morrissey, Corporation Counsel RES4 RES4  RES5 RESOLUTION AUTHORIZING THE MAYOR TO ENTER INTO A THREE (3) YEAR AGREEMENT WITH THE BONADIO GROUP TO PROVIDE INDEPENDENT AUDITING SERVICES FOR THE FISCAL YEARS 2020, 2021, AND 2022 WHEREAS, the City of Troy has the need for a third party vendor to provide independent auditing services to the City; and WHEREAS, the selected vendor will perform the City’s financial audit along with any and all required single audits and prepare the City’s financial statements. NOW, THEREFORE, BE IT RESOLVED, that the Troy City Council hereby authorizes the Mayor to enter into an agreement with The Bonadio Group to furnish independent auditing services for the City of Troy’s fiscal years 2020, 2021 and 2022, in substantial accordance with the terms attached hereto and made a part thereof. Approved as to form ____________________, 2021 Richard T. Morrissey, Corporation Counsel  RES5 MEMO IN SUPPORT The City issued a Request for Proposals (“RFP”) in 2020 for independent auditing services. The prior contract expired upon completion of the 2019 fiscal year audit. After a review of the responses, the review committee determined that the contract should be awarded to The Bonadio Group, who was the independent auditor previously. Under the contract, The Bonadio Group will be responsible for completion of the City’s financial statement audit, federal single audit, and New York State Department of Transportation single audit for fiscal years 2020, 2021, and 2022. RES5 RES5 RES5 RES5 RES5 RES5 RES5 RES5 RES5 RES5  RES7 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TROY CALLING ON THE NEW YORK STATE LEGISLATURE TO PASS, AND THE GOVERNOR TO SIGN, A BILL CREATING PRIVATE PROPERTY TAX ABATEMENT FOR IMPROVEMENTS TO CERTAIN RESIDENTIAL AND MIXED USE PROPERTY BE IT RESOLVED, that the Council of the City of Troy, New York, calls on the New York State Legislature to pass, and the Governor to sign, a bill to create a Property Tax Abatement for improvements to property with 1-4 dwelling units in certain census tracts under Article 4, Title 2 of the Real Property Tax Law of the State of New York, and have the law effective upon the date of signing by the Governor. The proposed bill is attached hereto as Exhibit A. Approved as to form, ________________, 2021 ______________________________________ Richard Morrissey Corporation Counsel  RES7 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 Members January 7, 2021 Fr: Steven Strichman We are preparing to send to the State, legislation for Troy to offer targeted property tax relief for residential and mixed use construction for 1-4 dwelling units, with or without 1 commercial or retail use. The exemption would be under RPT Law 15. The 15 year exemption for phases in as follows: Year Exemption on added value 1 100% 2 100% 3 100% 4 100% 5 75% 6 70% 7 60% 8 50% 9 40% 10 30% 11 25% 12 20% 13 15% 14 10% 15 5% The Exemption will be targeted to non-downtown, qualifying census tracts 401-406 and 409-410 as shown in the map. The School Districts and the County have been contacted to inform them of our intent, in hopes that they will opt in for the legislation prior to introduction to the state. At this point, the School Districts are reviewing the request. If they decide not to participate, the legislation can allow for the County and School Districts to opt in on this legislation in the future. As attached, it anticipates their participation at the onset. The request to the State would require a resolution in support from the City.  RES7 § 485-XX. Residential and Mixed-Use investment exemption; certain cities and school districts. 1. Definitions. As used in this section "Residential and Mixed-Use Construction" means the creation, modernization, rehabilitation, expansion or other improvement of any structure containing 1-4 legal dwelling units with or without 1 unit of commercial or retail use. 2. Residential and Mixed-Use real property constructed on or after the first day of July, two thousand twenty located in a city with a population of not less than fifty thousand and not more than fifty-one thousand, based upon the two thousand ten federal census, shall be exempt from city, county and school taxation as provided in this section. 3. (a) (i) Such real property shall be exempt for a period of four years to the extent of one hundred per centum of the increase in assessed value thereof attributable to such construction and for an additional period of nine years provided, however, that the extent of such exemption shall be decreased by twenty-five per centum in year five, 10 per centum in each year six through year nine, and five per centum each year during such additional period of six years and such exemption shall be computed with respect to the "exemption base". The exemption base shall be the increase in assessed value as determined in the initial year of such fifteen year period following the filing of an original application, except as provided in subparagraph (ii) of this paragraph. (ii) In any year in which a change in level of assessment of fifteen percent or more is certified for a final assessment roll pursuant to the rules of the commissioner, the exemption base shall be multiplied by a fraction, the numerator of which shall be the total assessed value of the parcel on such final assessment roll, excluding any additional value derived from any physical or quantity changes to the parcel since the immediately preceding assessment roll, and the denominator of which shall be the total assessed value of the parcel on the immediately preceding final assessment roll. The result shall be the new exemption base. The exemption shall thereupon be recomputed to take into account the new exemption base, notwithstanding the fact that the assessor receives the certification of the change in level of assessment after the completion, verification and filing of the final assessment roll. In the event the assessor does not have custody of the roll when such certification is received, the assessor shall certify the recomputed exemption to the local officers having custody and control of the roll, and such local officers are hereby directed and authorized to enter the recomputed exemption certified by the assessor on the roll. The assessor shall give written notice of such recomputed exemption to the property owner, who may, if he or she believes that the exemption was recomputed incorrectly, apply for a correction in the manner provided by title three of article five of this chapter for the correction of clerical errors. (iii) The following table shall illustrate the computation of the city, county and school district tax exemption: Year of exemption Percentage of exemption 1 100% 2 100  RES7 3 100 4 100 5 75 6 65 7 55 8 45 9 35 10 30 11 25 12 20 13 15 14 10 15 5 (b) No such exemption shall be granted unless: (i) such construction was commenced on or after the first day of July, two thousand twenty-one or such later date as may be specified by resolution; (ii) the residential real property is situate in a city with a population of not less than fifty thousand and not more than fifty-one thousand, based upon the two thousand ten federal census; (iii) the cost of such construction exceeds the sum of seventy thousand dollars; (iv) the property is located within the eligibility area, as designated by being located within the following U.S. Census Tracts: a. Tract 401 b. Tract 402 c. Tract 403 d. Tract 404 e. Tract 405 f. Tract 406 g. Tract 409 h. Tract 410 (v) such construction is completed as may be evidenced by a certificate of occupancy or other appropriate documentation as provided by the owner. (c) For purposes of this section the term construction shall not include ordinary maintenance and repairs. 4. Such exemption shall be granted only upon application by the owner of such real property on a form prescribed by the commissioner. Such application shall be filed with the assessor of a city with a population of not less than fifty thousand and not more than fifty-one thousand, based upon the two thousand ten federal census, on or before the appropriate taxable status date of such city and within one year from the date of completion of such construction. 5. If the assessor is satisfied that the applicant is entitled to an exemption pursuant to this section, he or she shall approve the application and such real property shall thereafter be exempt from taxation by the city, the County in which such city is located, and by any school district which serves such city. Exemptions shall be as provided in this section commencing with the assessment roll prepared after the taxable status date referred to in paragraph two of this section. The assessed value of any exemption granted pursuant to this section shall be entered by the assessor on the assessment roll with the taxable property, with the amount of the exemption shown in a separate column.  RES7 6. The provisions of this section shall apply to real property containing no greater than 4 total units, of which one may contain a commercial occupancy and the remainder being occupied as residences. 7. In the event that real property granted an exemption pursuant to this section ceases to be used primarily for eligible purposes, the exemption granted pursuant to this section shall cease to be applied to the property commencing on the immediately following assessment role. 8. In the event that the real property is sold or the deed is transferred to a new owner or ownership entity differing in ownership or members, the exemption granted pursuant to this section shall cease to be applied to the property commencing on the immediately following assessment role. 9. The exemption does not apply to special assessments or special ad valorem levies on the property. § 485-XX. Residential and Mixed-Use investment exemption; certain cities and school districts. 1. Definitions. As used in this section "Residential and Mixed-Use Construction" means the creation, modernization, rehabilitation, expansion or other improvement of any structure containing 1-4 legal dwelling units with or without 1 unit of commercial or retail use. 2. Residential and Mixed-Use real property constructed on or after the first day of July, two thousand twenty located in a city with a population of not less than fifty thousand and not more than fifty-one thousand, based upon the two thousand ten federal census, shall be exempt from city, county and school taxation as provided in this section. 3. (a) (i) Such real property shall be exempt for a period of four years to the extent of one hundred per centum of the increase in assessed value thereof attributable to such construction and for an additional period of nine years provided, however, that the extent of such exemption shall be decreased by twenty-five per centum in year five, 10 per centum in each year six through year nine, and five per centum each year during such additional period of six years and such exemption shall be computed with respect to the "exemption base". The exemption base shall be the increase in assessed value as determined in the initial year of such fifteen year period following the filing of an original application, except as provided in subparagraph (ii) of this paragraph. (ii) In any year in which a change in level of assessment of fifteen percent or more is certified for a final assessment roll pursuant to the rules of the commissioner, the exemption base shall be multiplied by a fraction, the numerator of which shall be the total assessed value of the parcel on such final assessment roll, excluding any additional value derived from any physical or quantity changes to the parcel since the immediately preceding assessment roll, and the denominator of which shall be the total assessed value of the parcel on the immediately preceding final assessment roll. The result shall be the new exemption base. The exemption shall thereupon be recomputed to take into account the new exemption base, notwithstanding the fact that the assessor receives the certification of the change in level of assessment after the completion, verification and filing of the final assessment roll. In the event the assessor does not have custody of the roll when such certification is received, the assessor shall certify the recomputed exemption to the local officers having custody and control of the roll,  RES7 and such local officers are hereby directed and authorized to enter the recomputed exemption certified by the assessor on the roll. The assessor shall give written notice of such recomputed exemption to the property owner, who may, if he or she believes that the exemption was recomputed incorrectly, apply for a correction in the manner provided by title three of article five of this chapter for the correction of clerical errors. (iii) The following table shall illustrate the computation of the city, county and school district tax exemption: Year of exemption Percentage of exemption 1 100% 2 100 3 100 4 100 5 75 6 65 7 55 8 45 9 35 10 30 11 25 12 20 13 15 14 10 15 5 (b) No such exemption shall be granted unless: (i) such construction was commenced on or after the first day of July, two thousand twenty-one or such later date as may be specified by resolution; (ii) the residential real property is situate in a city with a population of not less than fifty thousand and not more than fifty-one thousand, based upon the two thousand ten federal census; (iii) the cost of such construction exceeds the sum of seventy thousand dollars; (iv) the property is located within the eligibility area, as designated by being located within the following U.S. Census Tracts: a. Tract 401 b. Tract 402 c. Tract 403 d. Tract 404 e. Tract 405 f. Tract 406 g. Tract 409 h. Tract 410 (v) such construction is completed as may be evidenced by a certificate of occupancy or other appropriate documentation as provided by the owner. (c) For purposes of this section the term construction shall not include ordinary maintenance and repairs. 4. Such exemption shall be granted only upon application by the owner of such real property on a form prescribed by the commissioner. Such application shall be filed with the assessor of a city with a population of not less than fifty thousand and not more than fifty-one thousand, based upon the two thousand ten federal census, on or before the appropriate taxable  RES7 status date of such city and within one year from the date of completion of such construction. 5. If the assessor is satisfied that the applicant is entitled to an exemption pursuant to this section, he or she shall approve the application and such real property shall thereafter be exempt from taxation by the city, the County in which such city is located, and by any school district which serves such city. Exemptions shall be as provided in this section commencing with the assessment roll prepared after the taxable status date referred to in paragraph two of this section. The assessed value of any exemption granted pursuant to this section shall be entered by the assessor on the assessment roll with the taxable property, with the amount of the exemption shown in a separate column. 6. The provisions of this section shall apply to real property containing no greater than 4 total units, of which one may contain a commercial occupancy and the remainder being occupied as residences. 7. In the event that real property granted an exemption pursuant to this section ceases to be used primarily for eligible purposes, the exemption granted pursuant to this section shall cease to be applied to the property commencing on the immediately following assessment role. 8. In the event that the real property is sold or the deed is transferred to a new owner or ownership entity differing in ownership or members, the exemption granted pursuant to this section shall cease to be applied to the property commencing on the immediately following assessment role. 9. The exemption does not apply to special assessments or special ad valorem levies on the property.  RES8 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TROY CALLING ON THE NEW YORK STATE LEGISLATURE TO PASS, AND THE GOVERNOR TO SIGN, A BILL TO AMEND THE TROY IDA ENABLING ACT BE IT RESOLVED, that the Council of the City of Troy, New York, calls on the New York State Legislature to pass, and the Governor to sign, a bill to amend Article 8, Title 11 of the Public Authorities Law (“PAL”) of the State of New York Sections 1950-1969, and have the law effective upon the date of signing by the Governor. The proposed bill is attached hereto as Exhibit A. Approved as to form, __________________, 2021 _________________________________________ Richard T. Morrissey, Corporation Counsel  RES8 Chair Executive Director Justin Nadeau Steven Strichman Vice-Chair Paul Carroll January 7, 2021 To: City Council Members From: Steven Strichman Re: Troy Industrial Development Authority (“TIDA”) Proposed updates and Amendments to the TIDA Enabling Act The following changes were reviewed and approved by the IDA Governance Committee and by the Board. The attached proposed State legislative changes are for the following general purposes: 1) Update the Act to correct lingering historical references to “City Manager” and “Treasurer” which relate to former City Charter provisions and offices; 2) Eliminate an automatic corporate termination clause where all bonds have been repaid, which has been provided to all other IDA’s in the State; 3) Make minor technical corrections to a punctuation error in the Act’s purposes and powers Section 1953; 4) Consistent with statutory amendments for all other IDAs made in 2013, add back standard retail restrictions that went into sunset in 2008; 5) Make minor corrections to Section references; and 6) Amend Section 1957 to allow TIDA to deposit and manage its own funds and accounts, as opposed to mandating management through the City Comptroller’s Office, but retain the City Comptroller’s audit and review powers.  RES8 EXHIBIT A TIDA Enabling Act – Proposed Revisions: Section 1952 – amended to read as follows: § 1952. Troy industrial development authority. A board to be known as the "Troy industrial development authority" is hereby created. Such board shall be a body corporate and politic, constituting a public benefit corporation and its existence shall commence upon the appointment of the members as herein provided. Its members shall consist of a chairman and eight other members, all of whom shall be appointed by the city manager Mayor of the city for a term of three years, and shall include two members of the common council of the city, one representative of the city school board, and one representative from each of the fields of business, industry and labor. Every appointment to the board shall be subject to confirmation by the common council of the city. The chairman and each member shall continue to serve until the appointment and confirmation of his successor. Vacancies in such board occurring otherwise than by expiration of term shall be filled by the city manager Mayor by appointment for the unexpired term subject to confirmation by the common council of the city. The city manager Mayor may remove the chairman or any member of the board for inefficiency, neglect of duty or misconduct in office, after giving him a copy of the charges against him and an opportunity of being heard in person, or by counsel, in is defense upon not less than ten days' notice. Such removal must be approved by the city council of the city. The members of the board shall be entitled to no compensation for their services but shall be entitled to reimbursement for their actual and necessary expenses incurred in the performance of their official duties. Notwithstanding any inconsistent provisions of law, general, special or local, no officer or employee of the city shall be deemed to have forfeited or shall forfeit his office or employment by reason of his acceptance of membership on the board created by this section, provided, however, that a member who holds such other public office or employment shall receive no additional compensation or allowance for services rendered pursuant to this title, but shall be entitled to reimbursement for his actual and necessary expenses incurred in the performance of such services. The power of the authority shall be vested in and exercise by a majority of the members of the board. Such a board may delegate to one or more of its members, or to its officers, agents and employees, such powers and duties as it may deem proper. Such board and its corporate existence shall continue in accordance with section nineteen hundred and sixty-seven of this titleuntil July first, nineteen hundred ninety-eight and thereafter until all its liabilities have been met and its bonds have been paid in full or such liabilities or bonds have otherwise been discharged. Upon its ceasing to exist, all rights and properties shall pass to and be vested in the city. Section 1953 – opening paragraph amended to read as follows: 1953. Purpose and powers of the authority. The purposes of the authority shall be to promote, develop, encourage and assist in the acquiring, constructing, reconstructing, improving, maintaining, equipping and furnishing industrial, manufacturing, warehouse, and commercial and research facilities including industrial pollution control facilities, transportation facilities including but not limited to those relating to water, highway, rail and air, in one or more areas  RES8 of the city, particularly but not exclusively at the site of what was formerly the Troy airport including an airstrip or airport located in the southern section of the city and thereby advance the job opportunities, health, general prosperity and economic welfare of the people of said city and to improve their standard of living; provided, however, that the authority shall not undertake any project if the completion thereof would result in the removal of an industrial or manufacturing plant of the project occupant from one area of the state to another area of the state or in the abandonment of one or more plants or facilities of the project applicant located within the state, provided, however, that neither restriction shall apply if the authority shall determine on the basis of the application before it that the project is reasonably necessary to discourage the project occupant from removing such other plant or facility to a location outside the state or is reasonably necessary to preserve the competitive position of the project occupant in its respective industry. Except as otherwise provided for in this section, no financial assistance of the authority shall be provided in respect of any project where facilities or property that are primarily used in making retail sales to customers who personally visit such facilities constitute more than one-third of the total project cost. For the purposes of this article, "retail sales" shall mean: (i) sales by a registered vendor under article twenty-eight of the tax law primarily engaged in the retail sale of tangible personal property, as defined in subparagraph (i) of paragraph four of subdivision (b) of section eleven hundred one of the tax law; or (ii) sales of a service to such customers. Except, however, that tourism destination projects shall not be prohibited by this paragraph. For the purpose of this paragraph, "tourism destination" shall mean a location or facility which is likely to attract a significant number of visitors from outside the economic development region as established by section two hundred thirty of the economic development law, in which the project is located. Notwithstanding the provisions of this section to the contrary, such financial assistance may, however, be provided to a project where facilities or property that are primarily used in making retail sales of goods or services to customers who personally visit such facilities to obtain such goods or services constitute more than one-third of the total project cost, where: (i) the predominant purpose of the project would be to make available goods or services which would not, but for the project, be reasonably accessible to the residents of the city of Troy because of a lack of reasonably accessible retail trade facilities offering such goods or services; or (ii) the project is located in a highly distressed area. With respect to projects authorized pursuant to this paragraph no project shall be approved unless the authority shall find after the public hearing required by section twenty-three hundred seven of this title that undertaking the project will serve the public purposes of this article by preserving permanent, private sector jobs or increasing the overall number of permanent, private sector jobs in the state. Where the authority makes such a finding, prior to providing financial assistance to the project by the authority, the chief executive officer of the city of Troy shall confirm the proposed action of the authority. To carry out said purposes, the authority shall have power: Section 1953(4) amended to read as follows: 4. To acquire by purchase, grant, lease, gift, condemnation, or otherwise and to use, real property or rights or easements therein necessary for its corporate purposes, and to sell, convey, mortgage, lease, pledge, exchange or otherwise dispose of any such property in such manner as the authority shall determine. With respect to real property conveyed to it by the city, however, such  RES8 power of disposition shall be limited as hereinafter provided in section nineteen hundred fifty- five of this title; Section 1953(7) amended to read as follows: 7. To appoint officers, agents and employees, to prescribe their qualifications and to fix their compensation and to pay the same out of funds of the authority, subject, however, to the provisions of the civil service law as hereinafter provided in section nineteen hundred and fifty- four of this title; Section 1955(1) amended to read as follows: 1. The city may, by duly adopted resolution of the city council or by instruments authorized by such resolution, convey, with or without consideration, to the authority real and personal property owned by the city for use by the authority as a project. In case of real property so conveyed, the title thereto shall remain in the city but the authority shall have the use thereof for so long as its corporate existence shall continue and said real property shall be under its jurisdiction, control and supervision within the ambit of section nineteen hundred sixty three of this title and exempt from all taxes and assessments except such payments in lieu thereof as may be contained in such resolution or instrument of conveyance. Section 1957 amended to read as follows: § 1957. Moneys of the authority. All moneys of the authority, from whatever source derived, shall be paid to the authority’s appointed chief financial officer treasurer of the city as agent of the authority, who shall not commingle such moneys with any other moneys. Such moneys shall be deposited in a separate bank account or accounts. The moneys in such accounts shall be paid out by the authority’s appointed chief financial officer treasurer on requisition of the chairman of the authority or of such person as the authority may authorize to make such requisitions after audit by and upon the warrant of the comptroller. All deposits of such moneys shall, if required by the treasurer or the authority, be secured by obligations of a market value equal at all times to the amount of the deposit, and all banks and trust companies are authorized to give such security for such deposits. The comptroller of the citytreasurer and his legally authorized representatives are authorized and empowered from time to time to examine the accounts and books of the authority, including its receipts, disbursements, contracts, leases, sinking funds, investments and any other records and papers relating to its financial standing. The authority shall have power, notwithstanding the provisions of this section, to contract with the holders of any of its bonds as to the custody, collection, securing, investment and payment of any moneys of the authority or any moneys held in trust or otherwise for the payment of bonds or in any way to secure bonds, and to carry out any such contract notwithstanding that such contract may be inconsistent with the previous provisions of this section. Moneys held in trust or otherwise for the payment of bonds or in any way to secure bonds and deposits of such moneys may be secured in the same manner as moneys of the authority, and all banks and trust companies are authorized to give such security for such deposits. The accounts of the authority shall be subject to the supervision of the state comptroller and he or his legally authorized representatives are hereby authorized and empowered from time to time to examine the accounts and books of the authority, including its  RES8 receipts, disbursements, contracts, sinking funds, investments and any other matter relating to its financial standing and fiscal affairs. The authority shall render a complete annual account of its proceedings to the city council at its first meeting in AprilFebruary of each and every year. Section 1967 amended to read as follows: § 1967. Termination of the authority. Whenever all of the bonds issued by the authority shall have been redeemed or cancelled, and all straight-lease transactions have been terminated, the authority shall cease to exist and all rights, titles, and interest and all obligations and liabilities thereof vested in or possessed by the authority shall thereupon vest in and be possessed by the city of Troy.