City Council
Regular MeetingTroy, NY · February 18, 2021
Minutes
Minutes of the
TROY CITY COUNCIL
FINANCE MEETING
February 18, 2021
6:00 P.M.
Due to the COVID-19 crisis, this meeting was held remotely via videoconference.
The meeting was called to order at 6:06 p.m. by Council President Mantello.
Pledge of Allegiance
Roll Call: The roll being called, the following answered to their names: Council Member Ashe-
McPherson, Council Member Steele, Council Member Cummings, Council Member Zalewski,
Council Member McDermott, Council President Mantello, Chair. Council Member Gulli arrived
at 6:11 p.m.
In attendance were Mayor Patrick Madden, Deputy Mayor Monica Kurzejeski, Corporation
Counsel Richard T. Morrissey, Comptroller Andrew Piotrowski, and Recycling Coordinator
Renee Panetta.
Council President Mantello made a motion to dispense with the reading of the minutes of the
prior meeting and approve as posted. Motion passed 7 ayes, 0 nos.
Comptroller Piowtrowski presented the preliminary 2020 financial reports for the General,
Garbage, Water, and Sewer Funds.
9. Ordinance Transferring Funds Within The 2021 General Fund Budget (Council
President Mantello) (At The Request Of The Administration)
Ordinance passed 7 ayes, 0 nos, 0 abstentions.
10. Ordinance Amending The Capital Project Fund Budget (Council President Mantello)
(At The Request Of The Administration)
Ordinance amended to replace “General Fund And Special Grants Fund Budgets” with “Capital
Projects Fund Budget,” 7 ayes, 0 nos. Ordinance passed 7 ayes, 0 nos, 0 abstentions.
11. Ordinance To Appropriate Funds In The 2021 General Fund From The U.S.
Department Of Justice Office Of Violence Against Women Grant As A Subrecipient
(Council President Mantello) (At The Request Of The Administration)
Ordinance passed 7 ayes, 0 nos, 0 abstentions.
12. Ordinance To Appropriate Funds In The 2021 General Fund From The U.S.
Department Of Justice - FY19 Edward Byrne Memorial Justice Assistance Grant (Council
President Mantello) (At The Request Of The Administration)
Ordinance passed 7 ayes, 0 nos, 0 abstentions.
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13. Ordinance Authorizing And Directing Sales Of City Owned Real Property By The
Proposal Sale Application Method (Council President Mantello) (At The Request Of The
Administration)
Ordinance amended to replace “Brad Lewis” with “525 2nd Street, LLC” for property 111.52-4-2,
7 ayes, 0 nos. Ordinance passed 7 ayes, 0 nos, 0 abstentions.
14. Ordinance Authorizing The City Of Troy To Accept Grant Funding From The New
York State Division Of Homeland Security And Emergency Services For Infrastructure
Work On The Troy Seawall And Amending The Capital Projects Fund Budget To
Appropriate Funding From Said Grant (Council President Mantello) (At The Request Of
The Administration)
Ordinance passed 7 ayes, 0 nos, 0 abstentions.
11. Resolution Authorizing The Mayor To Enter Into A Memorandum Of Agreement To
Share Household Hazardous Waste Collection And Disposal Services With The Towns Of
East Greenbush And Bethlehem (Council President Mantello) (At The Request Of The
Administration)
Resolution passed 7 ayes, 0 nos, 0 abstentions.
12. Resolution Appointing Commissioners Of Deeds For The City Of Troy (Council
President Mantello)
Resolution amended to add McPherson, 7 ayes, 0 nos. Resolution passed 7 ayes, 0 nos, 0
abstentions.
13. Resolution Reporting The Standard Work Day For Certain Elected And Appointed
Employees (Council President Mantello)
Resolution passed 7 ayes, 0 nos, 0 abstentions.
14. Resolution Proclaiming March, 2021, As Developmental Disabilities Awareness Month
In The City Of Troy (Council President Mantello, Council Member Ashe Mcpherson,
Council Member Zalewski, Council Member McDermott, Council Member Steele)
Resolution passed 7 ayes, 0 nos, 0 abstentions.
15. Resolution Proclaiming March, 2021, As Women’s History Month In The City Of Troy
(Council President Mantello, Council Member Ashe Mcpherson, Council Member
Zalewski, Council Member McDermott, Council Member Steele)
Resolution passed 7 ayes, 0 nos, 0 abstentions.
16. Resolution Authorizing The Mayor To Enter Into An Agreement With Rensselaer
County And The City Of Rensselaer To Allocate And Distribute Local Sales And Use Tax
Revenue (Council President Mantello) (At The Request Of The Administration)
Resolution passed 7 ayes, 0 nos, 0 abstentions.
Adjournment
The meeting adjourned at 8:22 p.m.
A video recording of this meeting is on file at the City Clerk's office.
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Agenda
TROY CITY COUNCIL
FINANCE MEETING AGENDA
February 18, 2021
6:00 P.M.
Pledge of Allegiance
Roll Call
Approval of Minutes
Presentation of Agenda
Public Forum (*see end of agenda for instructions)
Preliminary 2020 Results – Comptroller Andrew Piotrowski
LOCAL LAWS
ORDINANCES
9. Ordinance Transferring Funds Within The 2021 General Fund Budget (Council President
Mantello) (At The Request Of The Administration)
10. Ordinance Amending The General Fund And Special Grants Fund Budgets (Council
President Mantello) (At The Request Of The Administration)
11. Ordinance To Appropriate Funds In The 2021 General Fund From The U.S. Department Of
Justice Office Of Violence Against Women Grant As A Subrecipient (Council President
Mantello) (At The Request Of The Administration)
12. Ordinance To Appropriate Funds In The 2021 General Fund From The U.S. Department Of
Justice - FY19 Edward Byrne Memorial Justice Assistance Grant (Council President Mantello)
(At The Request Of The Administration)
13. Ordinance Authorizing And Directing Sales Of City Owned Real Property By The Proposal Sale
Application Method (Council President Mantello) (At The Request Of The Administration)
14. Ordinance Authorizing The City Of Troy To Accept Grant Funding From The New York
State Division Of Homeland Security And Emergency Services For Infrastructure Work On The
Troy Seawall And Amending The Capital Projects Fund Budget To Appropriate Funding From
Said Grant (Council President Mantello) (At The Request Of The Administration)
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RESOLUTIONS
11. Resolution Authorizing The Mayor To Enter Into A Memorandum Of Agreement To Share
Household Hazardous Waste Collection And Disposal Services With The Towns Of East
Greenbush And Bethlehem (Council President Mantello) (At The Request Of The
Administration)
12. Resolution Appointing Commissioners Of Deeds For The City Of Troy (Council President
Mantello)
13. Resolution Reporting The Standard Work Day For Certain Elected And Appointed
Employees (Council President Mantello)
14. Resolution Proclaiming March, 2021, As Developmental Disabilities Awareness Month In
The City Of Troy (Council President Mantello, Council Member Ashe Mcpherson, Council
Member Zalewski)
15. Resolution Proclaiming March, 2021, As Women’s History Month In The City Of Troy
(Council President Mantello, Council Member Ashe Mcpherson, Council Member Zalewski)
16. Resolution Authorizing The Mayor To Enter Into An Agreement With Rensselaer County
And The City Of Rensselaer To Allocate And Distribute Local Sales And Use Tax Revenue
(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. 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.
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ORDINANCE TRANSFERRING FUNDS WITHIN THE 2021 GENERAL FUND
BUDGET
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 Transfer(s) – General Fund
which is attached hereto and made a part hereof
Section 2. This act will take effect immediately.
Approved as to form, ____________________, 2021
Richard T. Morrissey, Corporation Counsel
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MEMO IN SUPPORT
This transfer provides funding for the dog licensing module in the BAS software within the City
Clerk’s department.
Schedule A ORD9
2021 Budget Transfer(s) – General Fund
Original Change Revised
Department Account No. Description Budget* (+/-) Budget
City Clerk A.1410.0101.0000.0000 Permanent Salaries 138,413.00 (1,561.00) 136,852.00
City Clerk A.1410.0404.0027.0000 Repairs 3,800.00 1,561.00 5,361.00
Net Impact On General Fund 0.00
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ORDINANCE AMENDING THE GENERAL FUND AND SPECIAL GRANTS 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 – Old Sixth Avenue NIP Funding
which is attached hereto and made a part hereof
Section 2. This act will take effect immediately.
Approved as to form, ____________________, 2021
Richard T. Morrissey, Corporation Counsel
ORD10
MEMO IN SUPPORT
In December 2020, the City Council approved a transfer of funds for Old Sixth Avenue
improvements with remaining funds from the Neighborhood Improvement Program to the
Special Grants Fund. A review of this legislation has disclosed that the funds should have been
transferred to the Capital Projects Fund where there is other funding to be used for similar
purposes in and around Old Sixth Avenue.
This ordinance moves the aforesaid funds to the Capital Projects Fund allowing for one expense
account for all improvements being made to the Old Sixth Avenue area.
Schedule A ORD10
2021 Budget Amendments – Old Sixth Avenue NIP Funding
Original Change Revised
Department Account No. Description Budget* (+/-) Budget
Special Grants Fund
Revenues
Interfund Transfers CD.0000.5031.8000.8345 Interfund Transfers 3,297.86 (3,297.86) 0.00
Total Capital Projects Fund Budget Revenue Increase (3,297.86)
Expenditures
Old Sixth Avenue CD.1010.0404.8000.8345 Neighborhood Improvements 3,297.86 (3,297.86) 0.00
Total Capital Projects Fund Budget Expenditure Increase (3,297.86)
Net Impact On Special Grants Fund 0.00
Capital Projects Fund
Revenues
Interfund Transfers H.0000.5031.0675.0000 Interfund Transfers 0.00 3,297.86 3,297.86
Total Capital Projects Fund Budget Revenue Increase 3,297.86
Expenditures
Park Improvements CD.1010.0404.8000.8345 Neighborhood Improvements 2,075,000.00 3,297.86 2,078,297.86
Total Capital Projects Fund Budget Expenditure Increase 3,297.86
Net Impact On Special Grants Fund 0.00
* Or as previously amended
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ORDINANCE TO APPROPRIATE FUNDS IN THE 2021 GENERAL FUND FROM THE
U.S. DEPARTMENT OF JUSTICE OFFICE OF VIOLENCE AGAINST WOMEN
GRANT AS A SUBRECIPIENT
The City of Troy, convened in City Council, ordains as follows:
Section 1. The City of Troy 2021 General Fund Budget is herein amended
as set forth in Schedule A entitled:
Public Safety – Police
OVW – Improving Criminal Justice Responses Program
which is attached hereto and made a part hereof.
Section 2. This act shall take effect immediately.
Approved as to form, _____________________, 2021
Richard T. Morrissey, Corporation Counsel
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MEMO IN SUPPORT
This ordinance is to appropriate funds of $61,304 for the year 2021 from the U.S. Department of
Justice Office of Violence Against Women Improving Criminal Justice Responses Program, a
grant that has previously been accepted by the City Council. The City of Troy is a subrecipient of
this grant and has entered into a subaward agreement with Unity House of Troy, Inc. Unity
House of Troy, Inc. is the pass-through entity for this award. These funds are to be utilized for
the purpose of ensuring that sexual assault, domestic violence, dating violence, and stalking are
treated as serious violations of criminal law. The grant period is from October 1, 2019 through
September 30, 2022. The expenditures allocated in this budget amendment reflect those expenses
anticipated in fiscal year 2021. Should funding remain unspent, such funds and appropriations of
the grant will be re-allocated in the 2022 City Budget.
Schedule A ORD11
Public Safety - Police
OVW - Improving Criminal Justice Responses Program
2021 Budget Amendment
Original * Revised
Budget Change Budget
General Fund
Revenue
A.3000.4389.1101
Violence Against Women $0.00 $61,304.00 $61,304.00
Total General Fund Revenue Increase $61,304.00
Expenditures
A.3120.0101
Police - Salaries $9,810,243.00 $28,970.00 $9,839,213.00
A.3120.0103.1101
Police - Overtime - Violence Against
Women $0.00 $28,000.00 $28,000.00
A.3120.0203.1101
Police - Other Equipment - Violence
Against Women $0.00 $1,000.00 $1,000.00
A.3120.0411.1101
Police - Travel - Violence Against
Women $0.00 $3,334.00 $3,334.00
Total General Fund Expenditure Increase $61,304.00
*Or as previously amended
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ORDINANCE TO APPROPRIATE FUNDS IN THE 2021 GENERAL FUND FROM THE
U.S. DEPARTMENT OF JUSTICE - FY19 EDWARD BYRNE MEMORIAL JUSTICE
ASSISTANCE GRANT (JAG)
The City of Troy, convened in City Council, ordains as follows:
Section 1. The City of Troy 2021 General Fund Budget is herein amended
as set forth in Schedule A entitled:
Public Safety - Police
FY19 Edward Byrne Memorial Justice Assistance Grant (JAG) Program
2021 Expenses
which is attached hereto and made a part hereof.
Section 2. This act shall take effect immediately.
Approved as to form, _____________________, 2021
Richard T. Morrissey, Corporation Counsel
ORD12
MEMO IN SUPPORT
The purpose of this Ordinance is to appropriate funds of $22,819 from the U.S. Department of
Justice JAG Program, a grant that was previously accepted by the City Council. The grant period
is from October 1, 2018 through September 30, 2022. The expenditures allocated in this budget
amendment reflect those expenses anticipated in fiscal year 2021. Should funding remain
unspent, such funds and appropriations of the grant will be re-allocated in the 2022 City Budget.
Schedule A ORD12
Public Safety - Police
FY 19 Edward Byrne Memorial Justice Assistance Grant
(JAG) Program
2021 Expenses
2021 Budget Amendment
Original * Revised
Budget Change Budget
General Fund
Revenue
A.3000.4389.0107
U.S. Department of Justice $46,247.00 $22,819.00 $69,066.00
JAG Program
Total Revenue Increase $22,819.00
Expenditures
A.3120.0103.0107
Overtime - JAG Program $46,247.00 $22,819.00 $69,066.00
Total Expenditures Increase $22,819.00
*Or as previously amended
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ORDINANCE AUTHORIZING AND DIRECTING SALES OF CITY OWNED REAL
PROPERTY BY THE PROPOSAL SALE APPLICATION METHOD
The City of Troy, in City Council convened, ordains as follows:
Section 1. As authorized by Section 83-3(F)(2) of the Troy Code, the Bureau of Surplus
Property accepted bids and proposal sale applications for the purchase of various
parcels of City owned surplus real property.
Section 2. Upon recommendation of the Property Review Committee, the Bureau has
approved the attached proposals and bids for the purchase of the properties listed
in Section 5 below.
Section 3. The Council hereby authorizes and directs the Mayor to sell and convey the
parcels listed in Section 5 to the bidders named therein for the bids indicated,
which sums are hereby determined to be fair prices for the same, without the
necessity of competitive bidding.
Section 4. The Mayor is hereby empowered to execute and deliver to each successful bidder
a quit claim deed conveying the premises listed in Section 5, but such conveyance
shall be made expressly subject to the terms and conditions set forth below and in
Section 83-5 of the Troy Code.
Section 5. The approved proposal parcels, bidder purchasers, and bid purchase prices are as
follows:
Class Class
TAX MAP # Location AV Code Description Bidder's Name Bid
101.23-5-10 281 Ninth Street $8,400 311 Vacant Land Thomas Gatto $550.00
111.52-4-2 14 Mann Ave $8,000 311 Vacant Land Brad Lewis $100.00
111.52-5-6 Tyler St $8,400 311 Vacant Land Daniel Morrissey $180.00
112.45-16-1 Tyler St $22,000 311 Vacant Land Daniel Morrissey $180.00
112.76-10-4 Mountainview Ave $24,500 311 Vacant Land Sara & Mark Boylen $3,000.00
Section 6. In addition to the terms and conditions of sale in Section 83-5 of the Troy Code,
the above properties will be conveyed by quit claim deed, subject to any easement or restriction
of record. Each purchaser shall be liable for and shall pay all closing costs related to this sale
including, but not limited to, filing fees, deed stamps, survey, title report, environmental reports
& cleanup, and attorney fees.
Section 7. This Ordinance shall take effect immediately.
Approved as to form, ______________________ , 2021
_____________________________________________
Richard T. Morrissey, Corporation Counsel
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ORDINANCE AUTHORIZING THE CITY OF TROY TO ACCEPT GRANT FUNDING
FROM THE NEW YORK STATE DIVISION OF HOMELAND SECURITY AND
EMERGENCY SERVICES FOR INFRASTRUCTURE WORK ON THE TROY
SEAWALL 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 New York State Division
of Homeland Security and Emergency Services for the purpose of infrastructure
work on the Troy Seawall.
Section 2. The City of Troy 2021 budget is herein amended as set forth in Schedule A
entitled:
2021 Budget Amendments – Seawall Funding
which is attached hereto and made a part hereof
Section 3. This act will take effect immediately.
Approved as to form, ____________________, 2021
Richard T. Morrissey, Corporation Counsel
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MEMO IN SUPPORT
As noted in the Mayor’s State of the City address, the City has received an additional
$11,413,826.47 in grant funding for the Seawall Project. This Ordinance accepts the grant
funding and amends the project budget.
The funding, which can only be used for costs associated with the Seawall Project, will be
specifically used towards paying off the outstanding debt associated with the Project.
Funds are going to be used first to pay-off the outstanding $7,893,000 in bond anticipation notes
that are split between the City’s February and July debt issuances.
The remaining balance is being transferred to the Debt Service Fund. It will be held in abeyance
for future principal and interest costs associated with the $5,000,000 serial bond that was issued
against previously issued bond anticipation notes. Since the serial bond cannot be prepaid, the
City will use these funds over the remaining life of the debt to level off annually the budgetary
impact to the City.
Schedule A ORD14
2021 Budget Amendments – Seawall Funding
Original Change Revised
Department Account No. Description Budget* (+/-) Budget
Revenues
Seawall H.0000.5710.0612.0000 Serial Bonds 0.00 5,000,000.00 5,000,000.00
Seawall H.0000.5731.0612.0000 BANs Redeemed 12,601,150.00 (12,421,150.00) 180,000.00
Seawall H.7000.4960.0612.0000 Federal Aid 14,198,850.00 11,413,826.47 25,612,676.47
Total Capital Projects Fund Budget Revenue Increase 3,992,676.47
Expenditures
Seawall H.9950.0998.0612.0000 Debt Service Fund 74,927.02 3,992,676.47 4,067,603.49
Total Capital Projects Fund Budget Expenditure Increase 3,992,676.47
Net Impact On Capital Projects Fund 0.00
* Or as previously amended
U.S. Department of Homeland Security
Federal Emergency Management Agency
FEMA Region II
26 Federal Plaza.
Suite 1307
New York, New York 10278
December 10, 2020
Deputy Commissioner Anne Bink
Alternate Governor’s Authorized Representative
New York State Division of Homeland Security and Emergency Services
1220 Washington Avenue
Building 7A, 4th Floor
Albany, NY 12242
Attn: Marlene White – Chief of Mitigation
Re: FEMA-4085-DR-NY / HMGP Project # 4085-0011 / State # 443
City of Troy / FIPS Code: 083-75484-00 (Subrecipient)
Seawall Stabilization - Phase II
Budget Modification Approval
Dear Ms. Bink:
This letter advises you that the U.S. Department of Homeland Security's Federal Emergency Management
Agency (FEMA) has reviewed the City of Troy’s request, made by letter dated December 18, 2019,
seeking a Budget Modification for Hazard Mitigation Grant Program (HMGP) Project #4085-0011.
The Subrecipient has established justification for the budget modification request in accordance with
FEMA’s Hazard Mitigation Assistance Unified Guidance (HMA 2010) at Part VI Section B.3 Budget
Revisions, Subpart B.3.1 Cost Overruns and Underruns. Accordingly, we approve the federal share to be
increased by $11,413,826.47 which will adjust the federal share back to 100% of the total Project cost, as
requested by the New York State Division of Homeland Security & Emergency Services (DHSES) and the
City of Troy.
All other Terms and Conditions of the Project Approval remain unchanged.
Should additional information be required, please contact Luis Avila, Sandy Grants Branch Chief FEMA
Region II at 202-285-9387 or Katrina Hill, Sandy Grants FEMA Region II at 917-533-3383.
Sincerely,
Michael F. Moriarty
Federal Insurance & Mitigation Director
FEMA Region II
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RESOLUTION AUTHORIZING THE MAYOR TO ENTER INTO
A MEMORANDUM OF AGREEMENT TO SHARE HOUSEHOLD HAZARDOUS
WASTE COLLECTION AND DISPOSAL SERVICES WITH THE TOWNS OF EAST
GREENBUSH AND BETHLEHEM
WHEREAS, there is a recognized need to provide Household Hazardous Waste
collection services in order to safely and properly dispose of hazardous materials; and
WHEREAS, the New York State Department of Environmental Conservation provides
grant funding for municipally-run Household Hazardous Waste collection programs for up to
50% of eligible program costs; and
WHEREAS, the City of Troy previously entered into a two year contract with MXI
Environmental Services, LLC, for the collection and processing of Household Hazardous Wastes
on designated Hazardous Waste collection days; and
WHEREAS, the Town of East Greenbush and the Town of Bethlehem desire to
“piggyback” onto this contract, sharing the services and costs of collection and disposal of
Household Hazardous Wastes in a fair and equitable manner; and
WHEREAS, the City of Troy, the Town of East Greenbush, and the Town of Bethlehem
desire to enter into a Memorandum of Agreement in order to share services in connection with
joint Household Hazardous Waste collection events.
NOW, THEREFORE, BE IT RESOLVED, that the Mayor of the City of Troy is
hereby authorized to enter into an Agreement with the Town of East Greenbush and the Town of
Bethlehem for the purpose of sharing services and offering joint Household Hazardous Waste
collection events, said Agreement to conform substantially with the Agreement attached hereto.
Approved as to form, ___________________, 2021
Richard T. Morrissey, Corporation Counsel
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Memo in Support
In September of 2020, the City Of Troy entered into a dialogue with the Town of East Greenbush and the
Town of Bethlehem regarding the significance and cost-saving capabilities of shared services agreements
for Household Hazardous Waste (HHW) event services. The value of this type of arrangement is not
limited to this type of event, but also lays the groundwork for additional opportunities in the future.
Since September, the three municipalities have been engaged in a series of zoom meetings to iron out
the details. Collectively, the three have been in communication with NYSDEC and the HHW vendor, to
be certain that all requirements are met and everything is addressed in an appropriate manner. All
stakeholders involved in these conversations have agreed that this is a beneficial arrangement, both
fiscally as well as on a community level.
Troy already has a two year contract with MXI to haul and dispose of HHW. Hence it is the “lead agency”
in this arrangement. East Greenbush and Bethlehem intend to ‘piggyback’ on Troy’s contract. The
Corporation Counsels of the three municipalities have reviewed the shared services agreement, and
have approved it subject to insurance contingencies and MXI’s agreement to the arrangement.
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MEMORANDUM OF AGREEMENT
Regarding
Joint Household Hazardous Waste Collection Events
This Memorandum is made this __ day of _______, 2021, by and between THE CITY
OF TROY, a municipal corporation with offices located at 433 River Street, Troy, NY 12180
(hereinafter referred to as “Troy”), THE TOWN OF BETHLEHEM, a municipal corporation
with offices located at 445 Delaware Avenue, Delmar, NY 12054 (hereinafter referred to as
“Bethlehem”), and THE TOWN OF EAST GREENBUSH, a municipal corporation with offices
located at 225 Columbia Turnpike, Rensselaer, NY 12144 (hereinafter referred to as “East
Greenbush”) (Troy, Bethlehem, and East Greenbush shall be collectively referred to as
“Parties”),
WHEREAS, the Parties recognize a need to provide household hazardous waste
(“HHW”) collection for their residents, and that HHW collection events offer environmental and
economic benefits by allowing residents to safely and properly dispose of materials which
otherwise cannot be disposed of through conventional solid waste collection; and
WHEREAS, the Parties have identified an opportunity, by sharing resources,
transferring knowledge, and jointly procuring needed services, to offer a joint annual program of
HHW collection events which will, in the case of Troy and Bethlehem, expand HHW collection
opportunities and, in the case of East Greenbush, begin to offer HHW collection opportunities to
residents; and
WHEREAS, Troy has entered into a contract with HHW collections and processing
services vendor, MXI, which is attached as Appendix A, and Bethlehem and East Greenbush
desire to “piggyback” onto this contract; and
WHEREAS, New York State Department of Environmental Conservation (NYSDEC)
provides grant funding for municipally-run HHW collection programs to effectively reduce
HHW and to provide a safe alternative for recycling or disposal of household hazardous
materials, with grant funding of up to 50 percent of eligible program costs; and
NOW, THEREFORE, Troy, Bethlehem, and East Greenbush agree as follows:
1. The Parties will partner to jointly and collaboratively host a program of HHW collection
events (the “Program”). The Program will consist of a series of events at which a pre-
determined number of residents from each municipality (“attendees”) will be able to
bring specified HHW materials for collection. A summary of the 2021 Program is
included in Appendix B.
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2. The Parties will use the HHW vendor contract Troy has in place with MXI. Bethlehem
and East Greenbush will enter into separate contracts with MXI using the “piggyback”
provisions written into the existing Troy-MXI contract.
3. The Parties agree to host one (1) event each (for Bethlehem and East Greenbush, and two
for Troy), and to partner on other events as identified in the Program. The Parties further
agree that they may modify the Program, from time to time, as needs and abilities change.
4. The Host municipality will be responsible for vendor payment for the event(s) it hosts.
Each municipality will be responsible for a percentage of final invoices, based on its
share of actual number of event attendees. The Host municipality shall keep track of the
number of attendees who actually participate in an event and where each attendee is
from. The Parties agree that the Host municipality will coordinate reimbursement for
each event it hosts. Each Partner municipality agrees to provide payment within a
reasonable amount of time upon notification by the Host municipality as to its share of
event costs.
5. For those items listed as to be disposed of by the Host municipality (i.e., and not the
vendor) in the Materials List (Appendix C), the Parties agree that any profits gained from
disposal of these materials collected during the event are to be credited to the Host
municipality to be put toward the final invoice(s) for the event(s) they host.
6. The Parties agree that events are to be conducted in accordance with New York State and
New York State Department of Environmental Conservation (NYSDEC) guidelines for
grant funding reimbursement of HHW event costs (currently the NYSDEC HHW State
Assistance program). Dependent on NYSDEC requirements and guidance, the remittance
to NYSDEC for HHW grant reimbursement will be the joint responsibility of all
municipalities. The Host municipality shall submit a request for reimbursement to
NYSDEC and, when grant money is received, shall promptly distribute it to the other
municipalities in proportion to the number of event attendees from each municipality at
the event for which reimbursement was given.
7. Materials accepted from attendees at each event are limited to those accepted by the
vendor contract and as listed in the Materials List included as Appendix C for each event.
Materials specifically excluded and not able to be collected at any event are also listed in
the Materials List.
8. The quantity of HHW material each attendee is permitted to bring to an event will be
limited to 30 gallons OR 200 lbs. per attendee registered participant. The Host
municipality is responsible for making determinations on the day of the event relative to
HHW quantity. If HHW material brought to an event is above this quantity, the attendee
will be handled as a business attendee. Business attendees must make an appointment
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and must not impact event hours. These entities will be responsible for making
appointment with MXI and will receive a separate invoice for their materials.
9. Attendees must pre-register in order to attend an event, and participating in an event
requires registration in advance. Attendees must identify their municipality of residency.
Proof of residency in a form to be determined by and acceptable to each municipality
must be provided in order to register. Attendees must show proof of registration on the
day of the event in order to drop off HHW materials and will be assigned a time slot. The
Parties may establish and use waiting lists in their discretion.
10. Attendee Registration will be managed jointly and a central registration system
established and maintained by the Parties. Each municipality will provide one point of
contact for Attendee Registration management purposes.
11. The Parties will be individually responsible for promoting events included in the Program
and educating attendees regarding acceptable materials. Promotion and education
activities should address vendor contract requirements. The Parties may partner to jointly
develop promotional materials.
12. Each Host municipality will be responsible for providing a suitable site for the event(s)
they will host. The Host municipality is responsible for preparing a Site Safety Plan. The
Host municipality should share the Site Safety Plan with its event partner(s) in advance of
each event. The site and Site Safety Plan should meet NYSDEC grant funding
requirements. An example site safety plan is included as Appendix D.
13. The Host municipality and Partner municipalities will provide a base level of staffing,
site preparation and breakdown, and logistical support in accordance with the Event
Staffing and Site Support Schedule included as Appendix E and as further may be
required by the Site Safety Plan for each event. Staffing should be in accordance with
each municipality’s labor requirements.
14. The Parties agree that, to remain in effect, each year this MOA and the Program must be
approved in January, or at the earliest meeting of the local decision-making entity.
15. The Parties do hereby covenant and agree to defend, indemnify and hold harmless each
other from and against any and all liability, loss, damages, claims or actions (including
costs and attorney fees) for bodily injury and/or property damage, to the extent
permissible by law, arising out of the indemnitor’s negligence or other culpable conduct
and/or arising out of or connected with the hazardous waste collected from the
indemnitor’s residents or the waste from tickets issued by the indemnitor.
16. This agreement is contingent upon Bethlehem and East Greenbush entering into a
“piggyback” contract with MXI, providing Bethlehem and East Greenbush with the same
protections afforded to Troy in its contract with MXI, including but not limited to a
3
RES11
provision requiring MXI to include Bethlehem and East Greenbush as additional insureds
on a primary and non-contributing basis on all insurance policies provided to Troy.
17. This agreement is also contingent upon MXI providing to Troy, Bethlehem and East
Greenbush insurance coverage in the amount not less than One Million Dollars
($1,000,000) for each occurrence and Two Million Dollars ($2,000,000) general
aggregate, providing Site Pollution insurance for any location where collection is
occurring and the drop off location, and Non-Owned Disposal Coverage, adding
coverage for where the waste is being disposed.
18. This agreement may be signed in counterparts and transmitted by facsimile or electronic
mail as if an original
DATED: CITY OF TROY
___________________________________________________
DATED: TOWN OF BETHLEHEM
____________________________________________________
DATED: TOWN OF EAST GREENBUSH
____________________________________________________
Per approval issued by the City of Troy City Council pursuant to resolution ____ of 2021 dated
_______________
Per approval issued by the Town of Bethlehem Town Board pursuant to resolution ____ of 2021
dated _______________
Per approval issued by the Town of East Greenbush Town Board pursuant to resolution ____ of
2021 dated _______________
4
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APPENDIX A – VENDOR CONTRACT
(PLEASE SEE ATTACHED)
5
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Appendix B – 2021 HHW Event Program
Event Bethlehem Troy East Greenbush Total
April 17th, 2021
Status Host Partner Partner
# Coupons 200 100 50 350
June 26th, 2021
Status Partner Host Partner
# Coupons 75 200 100 375
August 28th, 2021
Status Partner Partner Host
# Coupons 25 100 200 325
October 29th, 2021
Status Partner Host Partner
# Coupons 100 200 50 350
Total 400 600 400 1400
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Appendix C –Materials Accepted List
2021 Intermunicipal Household Hazardous Waste Program
List of Materials
1-8-2021
Disposal Responsibility
Material Accepted Host
Vendor
Municipality
Acetone •
Adhesives •
Aerosol cans full •
Aerosols •
Antifreeze •
Asbestos •
Auto body repair products •
Batteries, Gel and AGM (marine-type) •
Batteries, Lead acid batteries (automotive, marine,
•
household)
Batteries, rechargable (NiMH, lithium ion, nicad) •
Battery acid •
Brake fluid •
Bulk flammable liquids •
Bulk Mercury •
Car wax, solvent-based •
Cleaners, Ammonia-based and solvent-based •
Contact cement •
Corrosive Liquid Acidic •
Corrosive Liquid Basic •
Corrosive Solid Acidic •
Corrosive Solid Basic •
Driveway sealer •
Dry cleaning solvent •
Fertilizer •
Fiberglass epoxy •
Fire extinguisher •
Flammable solid •
Floor care products •
Fluorescent Bulbs •
Fungicide •
Furniture polish •
Gasoline and other fuels •
7
RES11
Disposal Responsibility
Material Accepted Host
Vendor
Municipality
Glue, solvent-based •
Hair remover •
HID bulbs •
Ink •
Insect spray •
Light ballasts •
Lighter fluid •
Mercury Containing Devices •
Metal polish, solvent-based •
Mothballs •
Nail polish •
Nail polish remover •
Other HHW (Liquids) •
Other HHW (Solids) •
Other oils •
Oven cleaner •
Oxidizer •
Oxidizing Liquid •
Paint (oil-based paint, latex paint, lacquer, enamel, stain,
shellac, varnish, liquid aluminum, liquid bronze, liquid gold, •
liquid wood filler, and liquid lacquer base)
Paint related material (paint thinning, drying, reducing, or
•
removing compound)
Parts cleaner •
Pesticides •
Pesticides (Liquids) •
Pesticides (Solids) •
Photographic chemicals •
Pool chemicals •
Propane tanks •
Rat poison •
Resins •
Shoe polish •
Spot remover •
Stump remover •
Transmission fluid •
Weed killer •
Wood preservative •
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Prohibited and specifically refused materials (from 2019 City of Troy RFP)
• Ammunition
• Explosives
• Tanks of Isocyanates (sealing foam) [Aerosols are allowed]
• Medical sharps
• Medical waste
• Radioactive items (smoke detectors)
• Dioxin contaminated wastes, such as 2, d-,4; 2,4,5- TP (silvex)
• Pharmaceuticals
• Infectious Waste
• Motor oil (recyclable)
9
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Appendix D – Example Site Safety Plan
(Please see attached)
10
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Appendix E – Event Staffing and Site Support Schedule
Site Support
1) Provide publicity for Household Hazardous Waste event(s)
a. Educate participants regarding acceptable materials
b. Provide participants with any information regarding quantity limitations
2) Determine eligibility of participants
a. Have a verification plan (to distribute attendee coupons in advance)
b. Collect coupons onsite
3) Manage check-in of participants
4) Provide number, titles and roles of employees working at event. Provide training and PPE in
accordance with the Vendor contract (see Appendix A)
5) Provide a forklift and employee qualified to use this equipment
6) Each Party will address requirements needed to submit an application to NYS Department of
Environmental Conservation for HHW Collection Day grant funding reimbursement, including:
i. Emergency plan for site (“Site Safety Plan”)
ii. Contact information for key personnel with the City and with the Vendor
Traffic control
Event management
Set-up/breakdown
Minimum Staffing
Host Partner(s)
Recycling coordinator 1 0
or qualified site
supervisor
account clerk, 1 0
administrative
assistant, recycling
specialist or similar to
check in attendees
Laborers 5 1
Laborers supervisor* 1 1
Event staffing must meet any applicable requirements per local labor agreements and unions.
11
RES12
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 19, 2021 and ending on
February 18, 2023.
Laura L. Bauer Christine Miner
20 Hawthorne Avenue 547 River Street
Troy, New York 12180 Troy, New York 12180
Jacqueline M. Meeks Philip Gordon
547 River Street 547 River Street
Troy, New York 12180 Troy, New York 12180
Approved as to form, ________________, 2021
______________________________________
Richard T. Morrissey, Corporation Counsel
RES13
RESOLUTION REPORTING THE STANDARD WORK DAY FOR
CERTAIN ELECTED AND APPOINTED EMPLOYEES
WHEREAS, New York Codes, Rules and Regulations (NYCRR) Title 2, Section 315.4
states that “any elected or appointed official who is not paid hourly or does not participate in an
employer’s time keeping system that consists of a daily record of actual time worked and time
charged to accruals, shall record his or her work activities for a period of three consecutive
months,” in order to earn service crediting and retirement system membership benefits; and
WHEREAS, NYCRR Title 2, Section 315.4 further states “the governing board of a
participating employer of an elected or appointed official shall establish, by resolution, a
standard work day for each elective or appointive office or position using the standard work day
and reporting resolution form provided by the retirement system or a form or format approved by
the retirement system.”
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Troy,
New York, hereby establishes the standard work days for the elected and appointed officials who
do not otherwise participate in the City of Troy’s time keeping system as designated in the
attached forms, and will report these officials to the New York State and Local Employees’
Retirement System based on the record of activities submitted by them to the City Clerk.
Approved as to form, ______________________ , 2021
_____________________________________________
Richard T. Morrissey, Corporation Counsel
Received Date Standard Work Day and
Reporting Resolution for
Elected and Appointed Officials
Please type or print clearly
in blue or black ink
Employer Location Code
SEE INSTRUCTIONS FOR COMPLETING FORM ON REVERSE SIDE RS 2417-A
2 0 0 5 4 (Rev.11/19)
BE IT RESOLVED, that the Troy City Council
______________________________________________/ 20054
_______________ hereby established the following standard work days for these titles and will
(Name of Employer) (Location Code)
report the officials to the New York State and Local Retirement based on their record of activities:
Record of
Social Current Term
Standard Work Activities Not Pay Tier 1
Name Security NYSLRS ID Title Begin & End
Day Result Submitted Frequency
Number Dates
*11/19RS2417A*
Elected Officials:
Appointed Officials:
Deirdre Rudolph XXXX XXXXXXXXX Planning Commission Member 6/25/2020-06/01/2021 7 5.76 monthly
Mara Drogan
I, ______________________________________________, City of Troy
secretary/clerk of the governing board of the ____________________________________, of the State of New York,
(Name of Secretary or Clerk) (Circle one) (Name of Employer)
do hereby certify that I have compared the foregoing with the original resolution passed by such board at a legally convened meeting held on the _______ day of _________, 20____
on file as part of the minutes of such meeting, and that same is a true copy thereof and the whole of such original.
IN WITNESS WHEREOF, I have hereunto set my hand and the seal of the __________________________________________ on this ______ day of _____________, 20_____,
(Name of Employer)
______________________________________________________.
(Signature of Secretary or Clerk)
Affidavit of Posting: I, _________________________________________ being duly sworn, deposes and says that the posting of the Resolution began on
(Name of Secretary or Clerk)
_____________________ and continued for at least 30 days. That the Resolution was available to the public on the:
(Date)
Employer’s website at: _______________________________________________________
Official sign board at: _______________________________________________________ (seal)
Main entrance Secretary or Clerk’s office at: _______________________________________ Page ________ of _________ (for additional rows, attach a RS 2417-B form.)
RES14
RESOLUTION PROCLAIMING MARCH, 2021, AS DEVELOPMENTAL
DISABILITIES 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, the City Council continues to be committed to the "Think Differently" initiative
which encourages inclusiveness and accessibility for persons with developmental disabilities and
special needs by encouraging all citizens to focus on the inherent potential of every individual,
regardless of different ability; and
WHEREAS, as the families, friends, neighbors, and co-workers of individuals with
developmental disabilities have long known through experience, all people have unique abilities,
and given proper opportunities, can make valuable contributions to community life; and
WHEREAS, the most effective way to further this awareness is by promoting everyone's active
participation in community activities and affairs in order to foster an environment where there is
an openness to learn about and acknowledge each individual's contributions; and
WHEREAS, citizens with developmental disabilities must be afforded opportunities to function
as independently and productively as possible in our community; and
WHEREAS, the City Council desires to encourage all citizens to support opportunities for
individuals with developmental disabilities in our community, including full access to education,
housing, employment, and recreational activities; and
WHEREAS, the City Council desires to encourage all citizens to get to know someone with a
disability, and to recognize that a person with a developmental disability “can do like you”; and
WHEREAS, communities are just stronger when everyone participates.
NOW, THEREFORE, BE IT RESOLVED, that the Troy City Council hereby designates and
proclaims the month of March, 2021, as Developmental Disabilities Awareness Month in the
City of Troy.
Approved as to form, ____________________, 2021
______________________________________
Richard T. Morrissey, Corporation Counsel
RES15
RESOLUTION PROCLAIMING MARCH, 2021, AS WOMEN’S HISTORY MONTH IN
THE CITY OF TROY
WHEREAS, it is the custom of this Legislative Body to recognize official months to
acknowledge and celebrate individuals and events of historic significance in order to add to the
vitality, sensitivity, understanding, and inspiration of the diverse people of this great City of
Troy; and
WHEREAS, last year was the 100th Anniversary of the ratification of the 19th amendment to
the United States Constitution giving women the right to vote; and
WHEREAS, women of every economic, ethnic, and religious background have made significant
contributions that are reflected in our cultural, social, educational, industrial and economic
institutions, and have contributed in many ways, including as writers, educators, scientists, heads
of state, politicians, civil rights crusaders, artists, entertainers, businesswomen, military
personnel, aviators, entrepreneurs, philanthropists, health professionals, engineers, religious
leaders, judges, lawyers, law enforcement personnel, athletes, mothers, nurturers, and as the
foundation of our families and communities; and
WHEREAS, women who have become part of New York's lasting heritage by fighting against
stereotypes, prejudice, and seemingly insurmountable obstacles, include: Sojourner Truth (1797-
1883), former slave and famous activist; Harriet Tubman (1820-1913), best-known "conductor"
of the Underground Railroad and promoter of black education and women's rights; suffragettes
Susan B. Anthony (1820-1906) and Elizabeth Cady Stanton (1815-1902); world renowned folk
artist Grandma Moses (1860-1961); famed reporter Nellie Bly (1867-1922); Sybil Ludington
(1761-1839), known as the "female Paul Revere"; Barbara McClintock (1901-1992), Nobel
Prize-winning genetic scientist; and "First Lady of the World," Eleanor Roosevelt (1884-1962);
and
WHEREAS, the City of Troy and New York State have been, and continue to be, the home to
many distinguished women who have made their mark in history as the first in their field to
succeed, including women such as: Lady Deborah Moody (1586-1659), first woman grantee for
land ownership in the New World; Kate Mullany (1845-1906), an Irish immigrant, in February
of 1864 at age 25, organized along with her fellow workers, the first women's labor union in the
country, the Collar Laundry Union to improve working conditions and wages through successful
direct actions; Elizabeth Blackwell (1821- 1910), first female physician; Linda Richards (1841-
1930), America's first trained nurse; Emma Willard (1787-1870), founder of the first endowed
institution of education for women; Madam C.J. Walker (1867-1919), hairdressing entrepreneur,
Harlem leader and first self-made female millionaire in the U.S.; Buffalonian Louise Blanchard
Bethune (1856-1913), first professional female architect in the nation; Lucille Ball (1911-1989),
actor and president of Desilu Productions, the first woman to lead a major Hollywood production
company; Katharine Bement Davis (1860-1935), New York City Correction Commissioner, first
woman to head a major City agency; Winifred Edgerton Merrill (1862-1951), the first American
woman to receive a Ph.D. in Mathematics; Dr. Mary Edwards Walker (1832-1919), the first and
RES15
only woman to be presented with the Congressional Medal of Honor; and Belva Lockwood
(1830-1917), the first woman to practice law before the United States Supreme Court; and
WHEREAS, the Troy City Council recognizes that the City of Troy and New York State are
home to countless women who are the strong and colorful threads that are vital to the fabric of
our rich heritage, and who have contributed to and continued the advance of our culture through
their traditional and non-traditional roles in society.
NOW, THEREFORE, BE IT RESOLVED, that the Troy City Council hereby designates and
proclaims the month of March, 2021, as Women’s History Month in the City of Troy.
Approved as to form, ____________________, 2021
______________________________________
Richard T. Morrissey, Corporation Counsel
RES16
RESOLUTION AUTHORIZING THE MAYOR TO ENTER INTO AN AGREEMENT
WITH RENSSELAER COUNTY AND THE CITY OF RENSSELAER TO ALLOCATE
AND DISTRIBUTE LOCAL SALES AND USE TAX REVENUE
WHEREAS, the City’s current sales tax agreement with Rensselaer County expires on February
28, 2021; and
WHEREAS, the City and Rensselaer County have negotiated a successor sales and use tax
agreement that will expire on February 28, 2027; and
WHEREAS, the terms of the successor agreement are substantially the same as the most
recently applicable terms of the prior sales tax agreement.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Troy hereby
authorizes the Mayor to enter into an agreement with Rensselaer County to allocate and
distribute local sales and use tax revenue for the period of March 1, 2021 through February 28,
2027, which agreement shall conform substantially to the Agreement attached hereto.
Approved as to form _______________________, 2021
Richard T. Morrissey, Corporation Counsel
RES16
MEMO IN SUPPORT
This resolution authorizes the Mayor to enter into a new sales and use tax agreement with
Rensselaer County. The current agreement expires on February 28, 2021. This new agreement
covers the period of March 1, 2021 through February 28, 2027, and will encompass the City
fiscal years of 2021 through 2026.
The agreement allocates to the City 19.65% of the first $80,000,000 in sales and use tax received
by the County, and 9.00% of any amount exceeding $80,000,000. This is consistent with the
formula used for the 2020 fiscal year in the expiring contract.
The agreement also allows the City, if it chooses, to continue to pursue and implement an
occupancy tax on public accommodations. Such a tax will require the approval of the New York
State legislature and the governor.
SALES TAX AGREEMENT
THIS AGREEMENT is effective March 1, 2021 and is by and between RENSSELAER
COUNTY, NEW YORK, a domestic municipal corporation and political subdivision of the State of New
York, having its principal office at the Ned Pattison County Government Center, 1600 Seventh Avenue,
Troy, New York 12180, party of the first part, hereinafter referred to as "County",
and
THE CITY OF TROY, NEW YORK, a municipal corporation organized pursuant to the laws of
the State of New York, having its principal office at Troy City Hall, 433 River Street, Troy, New York
12180, party of the second part, hereinafter referred to as "Troy",
and
THE CITY OF RENSSELAER, NEW YORK, a municipal corporation organized pursuant to the
laws of the State of New York, having its principal office located at Rensselaer City Hall, 62 Washington
Street, Rensselaer, New York 12144, party of the third part, hereinafter referred to as “Rensselaer".
WHEREAS, Troy has previously rescinded its right of pre-emption of certain non-State sales and
use tax collected within Troy; and
WHEREAS, Rensselaer has not exercised its right of pre-emption of certain non-State sales and use
tax collected within Rensselaer; and
WHEREAS, the County, Troy and Rensselaer are desirous of cooperating with each other without
jeopardizing their respective abilities to raise revenue from other than real property tax sources; and
WHEREAS, the County intends to set aside a certain amount of sales and use tax revenue for County
purposes pursuant to Section 1262(a) of the Tax Law of the State of New York; and
WHEREAS, the County intends to reserve a certain amount of said sales and use tax revenue, as not
set aside for County or educational purposes as defined in Section 1262(c) of the Tax Law, and allocate
same to the cities and areas in the County outside the cities as set forth herein; and
Page 1 of 7
WHEREAS, Troy and Rensselaer are willing to waive their respective rights of pre-emption with
respect to the sales and use taxes as a source of revenue and the County is willing to distribute to Troy and
Rensselaer, pursuant to Section 1262(c) of the Tax law of the State of New York, a certain share of the total
non-State sales and use taxes collected within Rensselaer County and not set aside for County or educational
purposes as hereinafter set forth; and
WHEREAS, Troy and Rensselaer have each elected to receive said allocation in direct payments
pursuant to Tax Law Section 1262(c) in lieu of a tax reduction of the county tax levied upon real property in
Troy and Rensselaer; and
NOW, THEREFORE, the parties hereto, through their chief executive officers, having first
obtained the consent of their respective legislative bodies, do hereby agree as follows:
DEFINITIONS
Net Collections: the payments made by New York State to the County of Rensselaer for the local
share of the county-wide sales and use tax. For the purposes of this agreement, the distributions will be
defined by the month in which they are transferred to the County by New York State, except for EFT
adjustments.
Original Tax: the three percent (3%) county-wide sales and use tax effective December 1, 1982.
Additional Tax: the one percent (1%) county-wide sales and use tax effective September 1, 1994.
Sales Tax Year: the twelve month period in which the County receives Net Collections from New
York State, commencing on March 1 and ending the subsequent February 28 or February 29 during a leap
year. For the purposes of this agreement, all references to sales tax payments, distributions and/or
calculations of same, will be defined as those received and/or paid between March 1st of a given year and
the subsequent February 28th (or February 29th, as the case maybe).
Electronic Funds Transfer (EFT) Adjustments: adjustments made to reconcile certain Net
Collections on an accelerated schedule. For the purposes of this agreement EFT distributions will be credited
to the month the sales tax distribution would have been received under the prior, non-EFT distribution
system.
Page 2 of 7
ARTICLES OF AGREEMENT
1. Notwithstanding the provisions of any prior sales tax agreement, the term of this agreement
shall be for the period commencing March 1, 2021 and ending February 28, 2027, unless the parties shall
enter into a renewal and/or modification thereof on or before July 1, 2026.
2. Troy will rescind any steps taken toward reinstituting its own sales and use tax and will not
exercise its right of pre-emption to impose a local sales and use tax pursuant to Article 29 of the Tax Law of
the State of New York, to be effective during the term of this agreement except as provided in paragraph "9"
herein. However, during the term of this agreement and any extension hereof, Troy reserves the right to seek
authority from NYS Legislature to impose an Occupancy Tax within the City of Troy, New York through an
amendment of Section 1202 of Article 29 of the Tax Law of the State of New York, and to impose same.
3. Rensselaer will rescind any steps taken toward instituting its own sales and use tax and will
not exercise its right of pre-emption to impose a local sales and use tax pursuant to Article 29 of the Tax
Law of the State of New York, to be effective during the term of this agreement except as provided in
paragraph "9" herein.
4. In consideration for the above, the County agrees to pay to Troy and Rensselaer a percentage
of (a) the Net Collections received by the County pursuant to the Original Tax and (b) Net Collections
received by the County pursuant to the Additional Tax.
5. During each Sales Tax Year and as long as the County has the right and authority to impose
the Additional Tax, the County agrees to pay Troy an amount equal to 19.65 percent of the first
$80,000,000.00, plus 9.00 percent of the sales tax receipts for the sales tax in excess of $80,000,000.00.
6. If during the term of this agreement, the County loses its right and authority to impose the
Additional Tax, then Troy shall receive 18.07 percent of the sales tax receipts.
7. During each Sales Tax Year covered by this agreement:
A. The County agrees to pay Rensselaer an amount equal to 2.59 percent of the Net
Collections received by the County pursuant to the Original Tax.
B. The County further agrees to pay Rensselaer an amount equal to 3.66 percent of the
Page 3 of 7
Net Collections received by the County pursuant to the Additional Tax, except that should the authority for
the County to impose and receive Net Collections from said Additional Tax not be renewed, at any time, in
which instance the County shall not be required to make said sales tax payments to Rensselaer pursuant to
the Additional Tax from the date that such authority was rescinded.
8. The County agrees to make sales tax payments to Troy and Rensselaer on a quarterly basis as
follows:
• March through the succeeding May June 15th
• June through the succeeding August September 15th
• September through the succeeding November December 15th
• December through the succeeding February March 15th
The amount of each quarterly payment shall be calculated by multiplying the amount of total Net
Collections under the Original Tax and the Additional Tax received by the County during the above
indicated months by the applicable percentages as defined in paragraphs "5", "6" and "7'' of this
agreement.
9. In the event of the expiration or termination of this agreement without renewal, Troy
reserves its right to re-exercise its right of pre-emption with respect to the levying and collection of
sales and use taxes within Troy, and Rensselaer reserves its right to exercise its right of pre-emption
with respect to the levying and collection of sales and use taxes within Rensselaer.
10. The County shall make distributions each year to the areas within the County and
outside the cities of Troy and Rensselaer during the term of this Agreement. Such distributions shall
be in an amount equal to 11.5 percent of the first $45,238,898.30 in gross sales tax revenues collected,
plus 15 percent of any additional collections, that would otherwise be allocated for county purposes
under the agreement. Rensselaer County may, with the approval of the State Comptroller, provide for
distributions in excess of this amount. Such additional distributions shall be made from sales and use
tax revenues that would otherwise be allocated for county purposes under the agreement. Troy and
Page 4 of 7
Rensselaer hereby consent to any distributions made by the County to the area outside of the cities
pursuant to this paragraph and expressly waive any right they may have under Section 1262(c) of the
Tax Law of the State of New York to consent thereto at the time of any such distribution.
11. All sales and use tax monies received by the County and not distributed as herein
provided shall be retained by the County for county purposes pursuant to Section 1262(a) of the Tax
Law of the State of New York.
12. This agreement shall become effective upon its execution by the chief executive
officers of the respective parties, they having first obtained legislative consent thereto by their
respective legislative bodies, and upon the further approval and consent of the Comptroller of the
State of New York.
Page 5 of 7
IN WITNESS WHEREOF, the parties have signed this agreement on the day and year first
above written and have caused the respective seals of the County, Troy and Rensselaer to be affixed
hereto pursuant to authority granted by the Rensselaer County Legislature, the Troy City Council, and
the Rensselaer Common Council.
Approved as to form: COUNTY OF RENSSELAER, NEW YORK
___________________________________ By: ___________________________________
Carl J. Kempf III Steven F. McLaughlin
County Attorney County Executive
Approved as to form: CITY OF TROY, NEW YORK
___________________________________ By: ___________________________________
Richard Morrissey Patrick Madden
Corporation Counsel Mayor
Approved as to form: COUNTY OF RENSSELAER, NEW YORK
_____________________________________ By: ___________________________________
Philip J. Danaher Michael Stammel
Corporation Counsel Mayor
Page 6 of 7
STATE OF NEW YORK )
) ss:
COUNTY OF RENSSELAER )
On the _____ of ____________, 2021, before me, the undersigned, a Notary Public in and for said State,
personally came Steven F. McLaughlin, 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 he
executed the same in his capacity, and that by his signature on the instrument, the individual, or the person upon
behalf of which the individual acted, executed the instrument.
_______________________________
Notary Public State of New York
STATE OF NEW YORK )
) ss:
COUNTY OF RENSSELAER )
On the _____ of ____________, 2021, before me, the undersigned, a Notary Public in and for said State,
personally came Patrick Madden, 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 he executed the
same in his capacity, and that by his signature on the instrument, the individual, or the person upon behalf of
which the individual acted, executed the instrument.
_______________________________
Notary Public State of New York
STATE OF NEW YORK )
) ss:
COUNTY OF RENSSELAER )
On the _____ of ____________, 2021, before me, the undersigned, a Notary Public in and for said State,
personally came Michael Stammel, 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 he executed
the same in his capacity, and that by his signature on the instrument, the individual, or the person upon behalf of
which the individual acted, executed the instrument.
_______________________________
Notary Public State of New York
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