City Council
Regular MeetingTroy, NY · August 19, 2021
Minutes
Minutes of the
TROY CITY COUNCIL
FINANCE MEETING
August 19, 2021
6:00 P.M.
The meeting was called to order at 6:00 p.m. by Council President Mantello.
Pledge of Allegiance
Roll Call: The roll being called, the following answered to their names: Council Member Gulli,
Council Member Ashe-McPherson, Council Member Steele, Council Member Cummings,
Council Member Zalewski, Council Member McDermott, Council President Mantello, Chair.
In attendance were Mayor Patrick Madden, Deputy Mayor Monica Kurzejeski, Corporation
Counsel Richard T. Morrissey, Comptroller Andrew Piotrowski, Commissioner of Planning &
Economic Development Steven Strichman, Assessor Sharon Martin, Superintendent of Public
Utilities Chris Wheland. Approximately 8 members of the public attended.
Council Member Zalewski 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.
Public Forum:
Except where noted, the following individuals spoke regarding Ordinance 75:
Bob Blackmon Rafael Varela
Noreen McKee Rhea Drysdale
Gertha Depas David Banks
Jessica Ashley Emily Keefe
Luz Marquez Benbow Messiah Cooper
Eric Wischer, regarding new fire engine
67. Ordinance Approving Settlement Of Tax Certiorari Proceedings Instituted By
Riverview Of Troy LLC On The Assessment Roll Of The City Of Troy (Council Member
Zalewski) (At The Request Of The Administration)
Ordinance passed 5 ayes, 2 nos (Ashe McPherson, Mantello), 0 abstentions.
68. Ordinance Amending The Capital Projects Fund Budget (Council President Mantello)
(At The Request Of The Administration)
Ordinance passed 7 ayes, 0 nos, 0 abstentions.
69. Ordinance Accepting Grant Funds From The Preservation League Of New York State
For The Purpose Of Creating A Lansingburgh Historic District And Amending The
Special Grants Fund Budget To Appropriate Such Funding (Council President Mantello)
(At The Request Of The Administration)
Ordinance passed 7 ayes, 0 nos, 0 abstentions.
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70. Ordinance Transferring Funds Within The 2021 General Fund And Garbage Fund
Budget (Council President Mantello) (At The Request Of The Administration)
Ordinance passed 7 ayes, 0 nos, 0 abstentions.
71. 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.
72. 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)
Mantello made a motion to amend Section 1 from “Gas Tank Removal” to “Barker Park
Improvements,” and to correct a typo on Schedule A. Motion passed 7 ayes, 0 nos. Ordinance
passed 7 ayes, 0 nos, 0 abstentions.
73. Ordinance Authorizing And Directing Transfers Of City Owned Real Property To The
Troy Community Land Bank Corporation (Council President Mantello) (At The Request
Of The Administration)
Ordinance passed 6 ayes, 1 no (Gulli), 0 abstentions.
74. Ordinance Authorizing And Directing Transfer Of Parcels To The Troy Local
Development Corporation (Council President Mantello) (At The Request Of The
Administration)
Ordinance passed 7 ayes, 0 nos, 0 abstentions.
75. Ordinance Authorizing Settlement Of Claim, To Wit: Cinthia Thevenin, Plaintiff V.
The City Of Troy Et Al., Defendants, U.S. District Court, Northern District Of New York
Civil Action No. 1:16-CV-01115 (DJS) (Council President Mantello) (At The Request Of
The Administration)
Ordinance passed 7 ayes, 0 nos, 0 abstentions.
63. Resolution Accepting The 2020 Financial Audit As Prepared By The Bonadio Group
(Council President Mantello) (At The Request Of The Administration)
Withdrawn by Council President.
64. Resolution Appointing A Commissioner Of Deeds For The City Of Troy (Council
President Mantello) (At The Request Of The Administration)
Resolution passed 7 ayes, 0 nos, 0 abstentions.
65. Resolution Determining That Proposed Unlisted Action Shall Have No Significant
Adverse Impacts On The Environment (Council President Mantello) (At The Request Of
The Administration)
Resolution passed 7 ayes, 0 nos, 0 abstentions.
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66. Resolution Of Troy City Council Recognizing The 250th Anniversary Of Lansingburgh
(Council President Mantello, Council Member Gulli, Council Member Ashe McPherson)
Resolution passed 7 ayes, 0 nos, 0 abstentions.
67. Resolution Honoring Former City Council Member Robert J. “Bob” Doherty, 1944-
2021 (Council Member Steele, Council President Mantello, Council Member Zalewski,
Council Member Gulli, Council Member Ashe McPherson, Council Member McDermott,
Council Member Cummings)
Resolution passed 7 ayes, 0 nos, 0 abstentions.
Adjournment
The meeting adjourned at 8:10 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
August 19, 2021
6:00 P.M.
Pledge of Allegiance
Roll Call
Approval of Minutes
Presentation of Agenda
Public Forum
LOCAL LAWS
ORDINANCES
67. Ordinance Approving Settlement Of Tax Certiorari Proceedings Instituted By Riverview Of
Troy LLC On The Assessment Roll Of The City Of Troy (Council Member Zalewski) (At The
Request Of The Administration)
68. Ordinance Amending The Capital Projects Fund Budget (Council President Mantello) (At
The Request Of The Administration)
69. Ordinance Accepting Grant Funds From The Preservation League Of New York State For
The Purpose Of Creating A Lansingburgh Historic District And Amending The Special Grants
Fund Budget To Appropriate Such Funding (Council President Mantello) (At The Request Of
The Administration)
70. Ordinance Transferring Funds Within The 2021 General Fund And Garbage Fund Budget
(Council President Mantello) (At The Request Of The Administration)
71. Ordinance Transferring Funds Within The 2021 General Fund Budget (Council President
Mantello) (At The Request Of The Administration)
72. 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)
73. Ordinance Authorizing And Directing Transfers Of City Owned Real Property To The Troy
Community Land Bank Corporation (Council President Mantello) (At The Request Of The
Administration)
1
74. Ordinance Authorizing And Directing Transfer Of Parcels To The Troy Local Development
Corporation (Council President Mantello) (At The Request Of The Administration)
75. Ordinance Authorizing Settlement Of Claim, To Wit: Cinthia Thevenin, Plaintiff V. The City
Of Troy Et Al., Defendants, U.S. District Court, Northern District Of New York Civil Action
No. 1:16-CV-01115 (DJS) (Council President Mantello) (At The Request Of The
Administration)
RESOLUTIONS
63. Resolution Accepting The 2020 Financial Audit As Prepared By The Bonadio Group
(Council President Mantello) (At The Request Of The Administration)
64. Resolution Appointing A Commissioner Of Deeds For The City Of Troy (Council President
Mantello) (At The Request Of The Administration)
65. Resolution Determining That Proposed Unlisted Action Shall Have No Significant Adverse
Impacts On The Environment (Council President Mantello) (At The Request Of The
Administration)
66. Resolution Of Troy City Council Recognizing The 250th Anniversary Of Lansingburgh
(Council President Mantello, Council Member Gulli, Council Member Ashe McPherson)
67. Resolution Honoring Former City Council Member Robert J. “Bob” Doherty, 1944-2021
(Council Member Steele, Council President Mantello, Council Member Zalewski, Council
Member Gulli)
2
ORD67
ORDINANCE APPROVING SETTLEMENT OF TAX CERTIORARI
PROCEEDINGS INSTITUTED BY RIVERVIEW OF TROY LLC ON THE
ASSESSMENT ROLL OF THE CITY OF TROY
The City of Troy, in City Council, convened, ordains as follows:
Section 1. The Corporation Counsel of the City of Troy is hereby
authorized to compromise and settle tax certiorari proceeding instituted by the
following taxpayer as provided in a certain stipulation on file with the office of the
Corporation Counsel:
PROPERTY OWNER PARCEL NO. ADDRESS
Riverview of Troy LLC 90.46-2-1.1 97 Fifth Avenue
90.46-2-3 97 Fifth Avenue
90.46-2-1.22 Fifth Avenue
90.46-2-40.2 Fifth Avenue, rear
Section 2. The Corporation Counsel of the City of Troy is hereby
authorized to execute the necessary stipulations for the settlement of the
proceedings and the Orders based on said stipulations shall authorize the City
Treasurer of the City of Troy to revise the 2020 and 2021 assessment rolls to
reflect said changes.
Section 3. Upon receipt by the City Treasurer and the City Comptroller
of the executed Stipulations and Orders, said tax rolls shall be adjusted
accordingly, and the necessary refunds will be made to the property owner, if
applicable.
Section 4. This Ordinance shall take effect immediately.
Approved as to form, ____________, 2021
__________________________________
Richard T. Morrissey, Corporation Counsel
ORD67
MEMORANDUM IN SUPPORT
TAXPAYER: Riverview of Troy, LLC
PROPERTY 97 Fifth Avenue, Parcel No. 90.46-2-1.1; 90.46-2-3;
90.46-2-1.22; 90.46-2-40.2
ATTORNEY: John Refermat, Esq., Rochester
The property is a 12,340 square foot office building that was built in 1945 and
renovated in 2006. The property consists of four parcels: the building parcel and
three vacant parcels used for parking. The building is vacant.
The four parcels have an aggregate 2020 assessed value of $359,800. On July
20, 2021, the property was sold in an arm’s length transaction to Unity House of
Troy, Inc., for $299,000.
Based upon the sale price, the Assessor is willing to reduce the 2020
assessment to $268,801 ($299,000 multiplied by 2020 equalization rate of 89.9
percent).
The tax impact of the settlement is as follows:
Assessed Revised City County School Total
Year Value Value Refund Refund Refund Refund
2020 $359,800 $268,801 $1,354.07 $665.20 $2,095.71 $4,114.98
ORD68
ORDINANCE AMENDING THE CAPITAL PROJECTS 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 Amendment(s) – Capital Projects Fund
which is attached hereto and made a part hereof.
Section 2. This Ordinance will take effect immediately.
Approved as to form, ____________________, 2021
Richard T. Morrissey, Corporation Counsel
ORD68
MEMO IN SUPPORT
The City has multiple capital projects that remain open and also have unused debt proceeds that
are to be used to pay-down outstanding bond anticipation notes (“BANs”) issued for the funding
of the project.
This ordinance begins the process of closing over 20 capital projects by amending revenue and
expenditure accounts to reconcile to the balance of the unused proceeds. These funds would then
be used to pay-off outstanding principal of the related BAN.
This ordinance is being presented now as the City has begun preparation of the 2022 fiscal year
budget for the four operating funds and the amount of unused proceeds is a consideration of the
amount of principal to be paid every fiscal year.
Schedule A ORD68
2021 Budget Amendment(s) – Capital Projects Fund
Original Change Revised
Department Account No. Description Budget* (+/-) Budget
Revenues
2020 Capital Plan - DPW H.1000.2401.0661.0000 Interest 0.00 248.24 248.24
2020 Capital Plan - DPW H.0000.5731.0661.0000 BANs Redeemed 705,000.00 (51,091.07) 653,908.93
2020 Capital Plan - Recreation H.1000.2401.0668.0000 Interest 0.00 176.34 176.34
2020 Capital Plan - Recreation H.0000.5731.0668.0000 BANs Redeemed 222,500.00 (3,029.56) 219,470.44
2020 Capital Plan - Garbage H.1000.2401.0663.0000 Interest 0.00 81.41 81.41
2020 Capital Plan - Garbage H.0000.5731.0663.0000 BANs Redeemed 647,500.00 (47,440.79) 600,059.21
Body Cameras H.1000.2401.0646.0000 Interest 0.00 727.97 727.97
Body Cameras H.0000.5731.0646.0000 BANs Redeemed 250,000.00 (199,077.69) 50,922.31
Body Cameras H.3000.2770.0646.0000 Other Revenue 0.00 69,201.00 69,201.00
2020 Capital Plan - Golf H.1000.2401.0665.0000 Interest 0.00 22.53 22.53
2020 Capital Plan - Golf H.0000.5731.0665.0000 BANs Redeemed 160,000.00 (1,702.93) 158,297.07
2019 General Fund Capital Plan H.1000.2401.0643.0000 Interest 971.62 1,490.37 2,461.99
2019 General Fund Capital Plan H.0000.5710.0643.0000 Serial Bonds 0.00 265,000.00 265,000.00
2019 General Fund Capital Plan H.0000.5731.0643.0000 BANs Redeemed 983,000.00 (342,082.56) 640,917.44
2018 General Fund Capital Plan H.0000.5710.0636.0000 Serial Bonds 0.00 554,464.00 554,464.00
2018 General Fund Capital Plan H.1000.5731.0636.0000 BANs Redeemed 1,105,000.00 (618,615.60) 486,384.40
2019 Capital Plan - Garbage H.1000.2401.0649.0000 Interest 681.47 796.12 1,477.59
2019 Capital Plan - Garbage H.0000.5731.0649.0000 BANs Redeemed 355,000.00 (11,514.12) 343,485.88
Original Change Revised
Department Account No. Description Budget* (+/-) Budget
2019 Capital Plan - Police H.1000.2401.0644.0000 Interest 925.94 915.48 1,841.42
2019 Capital Plan - Police H.0000.5731.0644.0000 BANs Redeemed 776,000.00 (47,515.81) 728,484.19
Riverfront North Extension H.1000.2401.0609.0000 Interest 7,030.74 2,964.96 9,995.70
Riverfront North Extension H.7000.3889.0609.0000 State Aid 562,803.00 (0.01) 562,802.99
Riverfront North Extension H.0000.5731.0609.0000 BANs Redeemed 1,462,500.00 (270,617.97) 1,191,882.03
Bike Trail H.0000.4597.0411.0000 Federal Aid 1,038,957.00 (25,308.74) 1,013,648.26
Bike Trail H.0000.4597.0411.0010 Federal Aid 619,068.30 (619,068.30) 0.00
Bike Trail H.0000.4597.0411.0020 Federal Aid 1,132,964.23 (1,132,964.23) 0.00
Bike Trail H.0000.5031.0411.0000 Interfund Transfers 0.00 5,573.58 5,573.58
Bike Trail H.0000.5031.0411.0010 Interfund Transfers 270,658.18 (270,658.18) 0.00
Bike Trail H.0000.5731.0411.0000 BANs Redeemed 450,043.00 (392,694.96) 57,348.04
Bike Trail H.0000.5710.0411.0000 Serial Bonds 0.00 353,400.00 353,400.00
Bike Trail H.0000.9980.0411.0000 Revenue Direct 270,000.00 270,000.00 540,000.00
Bike Trail H.1000.2401.0411.0000 Interest 4,169.87 326.77 4,496.64
South Troy Pool H.1000.2401.0647.0000 Interest 2,386.53 728.40 3,114.93
South Troy Pool H.0000.5731.0647.0000 BANs Redeemed 1,550,000.00 (187,261.41) 1,362,738.59
Powers Park H.1000.2401.0617.0000 Interest 2,609.64 1,104.45 3,714.09
Powers Park H.1000.2705.0617.0000 Gifts & Donations 0.00 15,686.37 15,686.37
Powers Park H.7000.3897.0617.0000 State Aid 449,000.00 (40,065.11) 408,934.89
Powers Park H.0000.5731.0617.0000 BANs Redeemed 40,030.00 1,947.37 41,977.37
Campbell/Spring Intersection H.0000.5031.0658.0000 Interfund Transfers 496,969.25 (25,000.00) 471,969.25
Campbell/Spring Intersection H.0000.5731.0658.0000 BANs Redeemed 350,000.00 (5,535.59) 344,464.41
Campbell/Spring Intersection H.1000.2401.0658.0000 Interest 0.00 46.92 46.92
2020 Capital Plan - Fire H.0000.5731.0662.0000 BANs Redeemed 800,000.00 (39,161.35) 760,838.65
2020 Capital Plan - Fire H.1000.2401.0662.0000 Interest 0.00 174.35 174.35
Ingalls Avenue Boat Launch H.0000.3597.0553.0000 State Aid 43,762.50 5,791.67 49,554.17
Original Change Revised
Department Account No. Description Budget* (+/-) Budget
Ingalls Avenue Boat Launch H.0000.3897.0553.0000 State Aid 1,050,000.00 (17,020.75) 1,032,979.25
Ingalls Avenue Boat Launch H.0000.5731.0553.0000 BANs Redeemed 264,587.50 (241,587.50) 23,000.00
Ingalls Avenue Boat Launch H.1000.2401.0553.0000 Interest 1,777.46 1,173.10 2,950.56
Ingalls Avenue Boat Launch H.1000.2770.0553.0000 Other Revenue 0.00 293.16 293.16
Ingalls Avenue Boat Launch H.0000.5710.0553.0000 Serial Bonds 0.00 143,914.00 143,914.00
2019 Capital Plan - Fire H.0000.5731.0645.0000 BANs Redeemed 755,000.00 (77,136.76) 677,863.24
2019 Capital Plan - Fire H.1000.2401.0645.0000 Interest 182.38 992.20 1,174.58
2019 Capital Plan - DPW/Rec H.0000.5710.0643.0000 Serial Bonds 0.00 265,000.00 265,000.00
2019 Capital Plan - DPW/Rec H.0000.5731.0643.0000 BANs Redeemed 983,000.00 (342,082.56) 640,917.44
2019 Capital Plan - DPW/Rec H.1000.2401.0643.0000 Interest 971.62 1,490.37 2,461.99
2017 General Fund Capital Plan H.0000.5710.0626.0000 Serial Bonds 0.00 284,000.00 284,000.00
2017 General Fund Capital Plan H.0000.5731.0626.0000 BANs Redeemed 773,393.00 (423,830.01) 349,562.99
2017 General Fund Capital Plan H.1000.2401.0626.0000 Interest 2,144.78 831.61 2,976.39
Knickerbacker Ice Rink H.1000.2401.0648.0000 Interest 1,055.82 1,564.32 2,620.14
Street Paving H.5000.3501.0671.0000 State Aid 2,951,902.67 2,182,037.12 5,133,939.79
Total Capital Projects Fund Budget Revenue Increase (999,899.38)
Expenditures
2020 Capital Plan - DPW H.1640.0202.0661.0000 Vehicles 675,000.00 (50,789.08) 624,210.92
2020 Capital Plan - DPW H.1640.0202.0661.0000 Equipment 30,000.00 (53.75) 29,946.25
2020 Capital Plan - Recreation H.7110.0202.0668.0000 Vehicles 92,500.00 (1,347.47) 91,152.53
2020 Capital Plan - Recreation H.7110.0203.0668.0000 Equipment 30,000.00 (1,505.75) 28,494.25
2020 Capital Plan - Garbage H.8160.0202.0663.0000 Vehicles 647,500.00 (47,359.38) 600,140.62
Body Cameras H.3120.0201.0646.0000 Equipment 250,000.00 (129,148.72) 120,851.28
Original Change Revised
Department Account No. Description Budget* (+/-) Budget
2020 Capital Plan - Golf H.7110.0202.0665.0000 Vehicles 126,700.00 (339.40) 126,360.60
2020 Capital Plan - Golf H.7110.0203.0665.0000 Equipment 34,000.00 (1,341.00) 32,659.00
2019 General Fund Capital Plan H.1640.0202.0643.0000 Vehicles 743,000.00 (43,526.37) 699,473.63
2019 General Fund Capital Plan H.7110.0201.0643.0000 Equipment 147,500.00 (16,097.76) 131,402.24
2019 General Fund Capital Plan H.7110.0202.0643.0000 Vehicles 92,500.00 (15,968.06) 76,531.94
2018 General Fund Capital Plan H.3120.0202.0636.0000 Vehicles 330,000.00 (18,615.60) 311,384.40
2018 General Fund Capital Plan H.3410.0202.0636.0000 Vehicles 784,865.00 (45,536.00) 739,329.00
2019 Capital Plan - Garbage H.8160.0201.0649.0000 Equipment 355,000.00 (10,718.00) 344,282.00
2019 Capital Plan - Police H.3120.0201.0644.0000 Equipment 58,000.00 (6,212.75) 51,787.25
2019 Capital Plan - Police H.3120.0202.0644.0000 Vehicles 418,000.00 (37,574.44) 380,425.56
2019 Capital Plan - Police H.3120.0204.0644.0000 Facility Upgrades 340,000.00 (2,813.14) 337,186.86
Riverfront North Extension H.7110.0200.0609.0000 Equipment & Capital Outlay 2,025,303.00 (267,653.02) 1,757,649.98
Bike Trail H.7180.0200.0411.0000 Equipment & Capital Outlay 1,489,000.00 (64,350.68) 1,424,649.32
Bike Trail H.9950.0998.0411.0000 Debt Service Fund 4,169.87 0.03 4,169.90
South Troy Pool H.7110.0204.0647.0000 Facility Upgrades 1,550,000.00 (186,533.01) 1,363,466.99
Powers Park H.7110.0203.0617.0000 Other Equipment 549,000.00 (21,326.92) 527,673.08
Campbell/Spring Intersection H.3310.0204.0658.0000 Facility Upgrades 470,300.00 (30,488.67) 439,811.33
2020 Capital Plan - Fire H.3410.0202.0662.0000 Vehicles 660,000.00 (32,941.00) 627,059.00
2020 Capital Plan - Fire H.3410.0203.0662.0000 Other Equipment 90,000.00 (6,046.00) 83,954.00
Ingalls Avenue Boat Launch H.7180.0200.0553.0000 Equipment & Capital Outlay 1,300,000.00 (101,702.32) 1,198,297.68
Ingalls Avenue Boat Launch H.7180.0203.0553.0000 Other Equipment 58,350.00 (5,736.77) 52,613.23
Ingalls Avenue Boat Launch H.9950.0998.0553.0000 Debt Service Fund 1,777.46 2.77 1,780.23
Original Change Revised
Department Account No. Description Budget* (+/-) Budget
2019 Capital Plan - Fire H.3120.0204.0645.0000 Facility Upgrades 50,000.00 (15,350.00) 34,650.00
2019 Capital Plan - Fire H.3410.0202.0645.0000 Vehicles 705,000.00 (60,794.56) 644,205.44
2019 Capital Plan - DPW/Rec H.1640.0202.0643.0000 Vehicles 743,000.00 (43,526.37) 699,473.63
2019 Capital Plan - DPW/Rec H.7110.0201.0643.0000 Office Equipment 147,500.00 (16,097.76) 131,402.24
2019 Capital Plan - DPW/Rec H.7110.0202.0643.0000 Vehicles 92,500.00 (15,968.06) 76,531.94
2017 General Fund Capital Plan H.1315.0203.0626.0000 Other Equipment 156,795.00 (2,695.00) 154,100.00
2017 General Fund Capital Plan H.1620.0204.0626.0000 Facility Upgrades 90,698.00 (3,104.27) 87,593.73
2017 General Fund Capital Plan H.3120.0202.0626.0000 Vehicles 255,400.00 (86.23) 255,313.77
2017 General Fund Capital Plan H.3320.0202.0626.0000 Vehicles 125,000.00 (3,159.00) 121,841.00
2017 General Fund Capital Plan H.3620.0202.0626.0000 Vehicles 16,500.00 (670.52) 15,829.48
2017 General Fund Capital Plan H.5110.0202.0626.0000 Vehicles 70,000.00 (70,000.00) 0.00
2017 General Fund Capital Plan H.7150.0203.0626.0000 Vehicles 50,000.00 (50,000.00) 0.00
2017 General Fund Capital Plan H.8160.0202.0626.0000 Vehicles 175,000.00 (9,283.38) 165,716.62
0.00
Electric Vehicles H.9950.0904.0652.0000 Interfund Transfers 0.00 5,452.40 5,452.40
Electric Vehicles H.1640.0202.0652.0000 Vehicles 205,000.00 (5,452.40) 199,547.60
0.00
Knickerbacker Ice Rink H.9950.0998.0648.0000 Debt Service Fund 1,055.82 1,564.32 2,620.14
Street Paving H.5197.0200.0671.0000 Equipment & Capital Outlay 2,951,902.67 2,182,037.12 5,133,939.79
Total Capital Projects Fund Budget Expenditure Increase 747,144.03
Net Impact On Capital Projects Fund (1,747,043.41)
* Or as previously amended
ORD69
ORDINANCE ACCEPTING GRANT FUNDS FROM THE PRESERVATION LEAGUE
OF NEW YORK STATE FOR THE PURPOSE OF CREATING A LANSINGBURGH
HISTORIC DISTRICT AND AMENDING THE SPECIAL GRANTS FUND BUDGET TO
APPROPRIATE SUCH FUNDING
The City of Troy, convened in City Council, ordains as follows:
Section 1. The City of Troy hereby accepts grant funding from the Preservation League of
New York State for the purpose of creating a Lansingburgh Historic District and
authorizes the Mayor of the City of Troy to execute any and all agreements
necessary to accept and implement the grant.
Section 2. The City of Troy 2021 General Fund Budget is herein amended
as set forth in Schedule A entitled:
2021 Budget Amendments – Lansingburgh Historic District
which is attached hereto and made a part hereof.
Section 3. This Ordinance shall take effect immediately.
Approved as to form, ____________________, 2021
Richard T. Morrissey, Corporation Counsel
Schedule A ORD69
2021 Budget Amendments – Lansingburgh Historic District
Original Change Revised
Department Account No. Description Budget* (+/-) Budget
Revenues
Lansingburgh Historic District CD.8000.3389.8000.8348 State Aid 0.00 9,100.00 9,100.00
Lansingburgh Historic District CD.1000.2705.8000.8348 Donations 0.00 15,900.00 15,900.00
Total Special Grants Fund Budget Revenue Increase 25,000.00
Expenditures
Lansingburgh Historic District CD.8020.0409.8000.8348 Consultant Services 0.00 25,000.00 25,000.00
Total Special Grants Fund Budget Expenditure Increase 25,000.00
Net Impact On Special Grants Fund 0.00
* Or as previously amended
ORD69
WM. Patrick Madden Steven Strichman
Mayor Commissioner of Planning &
Economic Development
Monica Kurzejeski
Deputy Mayor Department of Phone: (518) 279-7166
Planning & Economic Development Fax: (518) 268-1690
Steven.Strichman@troyny.gov
City Hall
433 River Street
Troy, New York 12180
To: City Council
From: Steven Strichman
Date: August 3, 2021
Re: Lansingburgh Historic District
Accept Grant, Award Contract
The City was awarded $9,100 from the
Preservation League of NYS which will be
used toward the creation of a Lansingburgh
Historic District. The Troy Redevelopment
Foundation has committed to the $15,900
balance needed to fund the $25,000 project.
Four submissions from qualified Historic
Preservation and Planning Companies were
received including:
• Neil Larson & Associates
• Hartgen Archeological Associates Inc.
• Clinton Brown Company Architecture
• Preservation Studios
Neil Larson was the low bid at $25,000 and is
able to start the project this fall.
It is important to note that the creation of this
historic district will not create any historic district review requirements for property owners. It
will however, if they choose to apply for a 20% historic tax credit for residential property
improvements, or a 40% commercial property credit, require extensive review by New York
State Historic Preservation Office. This program, when coupled with the NYS tax exemption on
improvements recently approved by the City Council and New York State, creates a major
incentive for investment in Lansingburgh.
The attached resolution accepts the grant, awards the contract to Neil Larson & Associates, and
authorizes the Mayor to execute all necessary documents.
ORD69
OFFICERS June 29, 2021
Frank Emile Sanchis lll – Chair
Karen Arrison – Vice Chair
Angel Ayón, AIA – Vice Chair
Lee Miller – Vice Chair
Ruth Pierpont – Secretary
Mark W. Warren – Treasurer Patrick Madden, Mayor
Charlotte Worthy, AIA - Vice Chair
City of Troy
BOARD OF TRUSTEES 433 River St
Patrick Ciccone Troy, NY 12180
Suzanne Clary
Bret Garwood
Dr. Georgette Grier-Key
William A. Hurst
Thomas Jayne
Gregory R. Long Re: Central Lansingburgh - Cultural Resource Survey
Evan Mason
Paul R. Provost
Lori Zabar
Caroline Rob Zaleski Dear Mayor Madden,
Jay DiLorenzo
President
We are pleased to inform you that in response to your application to the
TRUSTEES COUNCIL
Jan C. K. Anderson
Preserve New York Grant Program, a grant of $9,100 was approved for the
Kent Barwick
Duncan Barrett
Central Lansingburgh - Cultural Resource Survey. We are delighted to
George H. Beane
William L. Bernhard support your efforts to complete this project.
Ildiko Butler
Constance L. Clapp The award is being made with the following agreements between the
Randall T. Crawford
Joan K. Davidson Preservation League and the City of Troy:
Scott Duenow, AIA
Steven C. Engelhart 1. The grant will be used as support for costs associated with the
Stephen A. Facey
Brandon Fradd
Lionel Goldfrank III
completion of a Cultural Resource Survey.
Roberta Brandes Gratz
Christopher Holbrook
2. The work will be completed by TBD, who will serve as the consultant to
Gerald A. Holbrook
Anne A. Hubbard the City of Troy.
Robert J. Kafin
Marilynn G. Karp 3. The project will be completed in accordance with the standards of the
Robert J. Kresse
Alexia Lalli New York State Office of Parks, Recreation, and Historic Preservation (SHPO).
Richard J. Lippes
Robert B. MacKay 4. The final product will be a Cultural Resource Survey, based on National
Richard A. Maitino
Jean M. McCarroll
Henry A. McCartney
Park Service standards, including supporting documentation (maps,
Norman M. Mintz
Dede B. Nash
photographs, etc.).
Anne G. Older
Rev. Dr. Thomas Pike 5. City of Troy will submit a hard copy of the final product to the
Robert C. Quinlan
Daniel G. Romualdez Preservation League no later than 12 months after the signing of this
Janet C. Ross
John Sare agreement.
Thomas J. Schwarz
Robert D. Snedeker 6. City of Troy will notify the Preservation League of any changes to the
Robert A.M. Stern, FAIA
Miriam Trementozzi
Anne H. Van Ingen
project prior to the commencement of work. Any changes to the scope,
Cynthia C. Wainwright
Diana S. Waite consultant, or timetable will require the prior approval of the Preservation
Arete Swartz Warren
Steven J. Weiss League.
44 Central Avenue Albany, New York 12206 518.462.5658 518.462.5684 Fax www.preservenys.org
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7. The following language must be used when crediting the grant in print:
“Preserve New York is a signature grant program of the New York State Council on
the Arts and the Preservation League of New York State. Preserve New York is made
possible with the support of Governor Andrew M. Cuomo and the New York State
Legislature, with generous additional support from The Robert David Lion Gardiner
Foundation.”
Important Note: The consultants must be notified of this requirement.
If you agree with the above terms of the grant, please sign this agreement and
return a copy to the Preservation League, retaining the original for your files.
Failure to respond within 30 days may cause the award to be withdrawn.
Also, please send a copy of your contract or letter of understanding between your
organization and your consultant. Upon our receipt of this agreement letter and
your contract with the consultant, the Preservation League will issue a check for the
grant amount.
We request that you assist us in making the official announcement of your award.
Please do not send your own press announcement about this grant award. Specific
instructions for how to proceed with media coverage are provided in a separate
memorandum with this mailing. Please follow the instructions to ensure visibility of
the project and proper credit. Once official press notification has occurred, we
would appreciate receiving copies of any articles about this project. Please contact
Katy Peace, Director of Communications, at kpeace@preservenys.org, to discuss
assistance with publicity.
On behalf of the Preservation League, I send our best wishes.
Sincerely,
_________________________________ __________________________________
Jay DiLorenzo, President Patrick Madden, Mayor
Preservation League of New York State City of Troy
__________________________________ __________________________________
(DATE) (DATE)
cc: TBD
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Neil Larson & Associates
Historic Preservation and Planning Services
P.O. Box 4496
Kingston, N.Y. 12401
845-706-9897
NeilLarson8@gmail.com
LETTER OF AGREEMENT
30 July 2021
Between
Neil Larson & Associates (NLA)
P.O. Box 4496
Kingston, NY 12401
And
Department of Planning & Economic Development (CITY)
City of Troy
433 River Street
Troy, NY
For
CULTURAL RESOURCE SURVEY AND NATIONAL REGISTER NOMINATION FOR
CENTRAL LANSINGBURGH HISTORIC DISTRICT, TROY, NY
NLA will provide services for this project on the following schedule.
October 2021 Start-up meeting; collect and review existing surveys and
documentation; determine survey methodology with State Historic
Preservation Office (SHPO)
Nov. – Dec. 2021 Conduct field survey using Trekker, create resource inventory; create
GIS-compatible map file; propose and justify district boundary
December 2021 Meet with steering committee & SHPO to establish district boundary;
prepare informational presentation on National Register process and
benefits with SHPO for Select Board meeting
January 2022 Finalize resource inventory and submit with a survey report
summarizing methodology and survey findings; draft National Register
statement of significance and submit to City and SHPO
Feb. – March 2022 Draft National Register Nomination Form and submit to City and SHPO
for review
ORD69
Neil Larson & Associates Page 2
April 2022 Make requested revisions to nomination form and resubmit; assemble
list of property owners; follow up with other requests
The costs for the project can be broken down as follows:
For meetings and review of existing data and historical sources $ 600
For field work and Trekker survey $ 5,000
For data verification, inventory compilation and creating boundary $ 2,500
For creating mapping files and finalizing boundaries $ 1,500
For data analysis and statement of significance $ 2,000
For research and drafting National Register Nomination Form $12,000
For compilation of property owner mailing list $ 500
For preparing and presenting PowerPoint $ 500
For meetings $ 400
TOTAL COSTS $25,000
Payment Schedule
• Invoice after Trekker survey and inventory are completed $7,500
• Invoice after data analysis, boundary finalized
and statement of significance written $4,000
• Invoice after nomination form is drafted $8,000
• Invoice after final nomination form and mailing list $4,000
• Invoice at completion $1,500
If the City agrees to the terms and costs of this project, please return a copy of this
document with a signature below.
Respectfully submitted,
Neil Larson
I agree to the terms and the costs of this agreement.
___________________________________________________________ ___________________________
For the City of Troy Date
ORD70
ORDINANCE TRANSFERRING FUNDS WITHIN THE 2021 GENERAL FUND AND
GARBAGE 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 & Garbage Fund
which is attached hereto and made a part hereof.
Section 2. This Ordinance will take effect immediately.
Approved as to form, ____________________, 2021
Richard T. Morrissey, Corporation Counsel
ORD70
MEMO IN SUPPORT
This transfer provides additional funding for various accounts within both the General Fund and
Garbage Fund budgets to provide the necessary funding for the remainder of the 2021 fiscal year.
Schedule A ORD70
2021 Budget Transfer(s) – General Fund & Garbage Fund
Original Change Revised
Department Account No. Description Budget* (+/-) Budget
DPW Facilities A.1620.0303.0000.0000 Other Material & Supplies 41,500.00 15,000.00 56,500.00
DPW Facilities A.1620.0304.0056.0000 Vehicle - Gas & Oil 3,000.00 2,600.00 5,600.00
DPW Facilities A.1620.0401.0054.0000 Utilities - Gas & Electric 120,000.00 (2,600.00) 117,400.00
Recreation - Golf A.7180.0303.2421.0000 Other Material & Supplies 95,000.00 11,357.00 106,357.00
Recreation - Golf A.7180.0409.0000.0000 Consultant Services 45,000.00 (11,000.00) 34,000.00
Recreation - Golf A.7180.0405.0068.0000 Rentals - Equipment 67,249.00 (357.00) 66,892.00
DPW Snow Removal A.5142.0201.0000.0000 Equipment 18,000.00 (15,000.00) 3,000.00
Net Impact On General Fund 0.00
Bulk CL.8175.0402.0000.0000 Postage 1,800.00 3,000.00 4,800.00
Special Recycling CL.8189.0402.0000.0000 Postage 4,000.00 (3,000.00) 1,000.00
Net Impact On Garbage Fund 0.00
* Or as previously amended
ORD71
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 Ordinance will take effect immediately.
Approved as to form, ____________________, 2021
Richard T. Morrissey, Corporation Counsel
ORD71
MEMO IN SUPPORT
Throughout the fiscal year the Comptroller’s Office works with all departments within the City
for necessary budget transfers within the General Fund in the 2021 fiscal year. This ordinance
transfers funds within the 2021 General Fund Budget for the following reason(s). Please note
that the number indicated below references to the name as indicated in the “Reference” column
on the Schedule attached hereto.
1. A transfer within the Police Department for the purpose of installing an HVAC system at
the new building constructed in 2020.A portion of the funds is coming from the Police
Department’s COVID-19 response grant and is appropriating the funds to the correct
expenditure account.
2. A transfer from Contingency to Pension allowing the City to prepay prior year pension
deferral loans with the New York State Retirement System. Approving this will allow for
the City to recognize budgetary savings in future years.
3. A transfer to the Capital Projects Fund to fund improvements to Barker Park.
Schedule A ORD71
2021 Budget Transfer(s) – General Fund
Original Change Revised
Department Account No. Description Budget* (+/-) Budget Reference
Police A.3120.0204.0000.3024 Facility Improvements - COVID 0.00 29,000.00 29,000.00 1
Police A.3120.0302.0000.0000 Small Tools & Equipment 48,800.00 (17,000.00) 31,800.00 1
Police A.3120.0303.0000.3024 Other Material & Supplies - COVID 84,200.81 (8,000.00) 76,200.81 1
Police A.3120.0101.0000.0000 Other Material & Supplies - COVID 9,899,701.00 (4,000.00) 9,895,701.00 1
Contingency A.1990.0418.0000.0000 Contingency 1,263,284.13 (573,125.00) 690,159.13 2
Retirement A.9010.0804.0000.0000 Pension 0.00 573,125.00 573,125.00 2
Fire Department A.3410.0202.0000.0000 Vehicles 115,000.00 (115,000.00) 0.00 3
Interfund Transfers A.9950.0900.0000.0000 Capital Projects Fund 150,000.00 115,000.00 265,000.00 3
Net Impact On General Fund 0.00
ORD72
ORDINANCE AUTHORIZING THE CITY TO CREATE A CAPITAL PROJECT AND
AMENDING THE CAPITAL PROJECTS FUND BUDGET TO ALLOW FUNDING FOR
SAID CAPITAL PROJECT
The City of Troy, convened in City Council, ordains as follows:
Section 1. The establishment of a Capital project entitled “Gas Tank Removal”
Section 2. The City of Troy 2021 budget is herein amended as set forth in Schedule A
entitled:
2021 Budget Amendments – Barker Park Improvements
which is attached hereto and made a part hereof.
Section 3. This Ordinance will take effect immediately.
Approved as to form, ____________________, 2021
Richard T. Morrissey, Corporation Counsel
ORD72
MEMO IN SUPPORT
This ordinance creates a capital project and appropriates the revenue and expenditure account for
various improvements to be made at Barker Park. Funding is being provided through and
Interfund Transfer from the General Fund.
Schedule A ORD72
2021 Budget Amedments - Barker Park Improvements
Original Change Revised
Department Account No. Description Budget* (+/-) Budget
Revenues
Barker Park Improvements H.0000.5031.0680.0000 Interfund Transfers 0.00 115,000.00 115,000.00
Total Capital Projects Fund Budget Revenue Increase 115,000.00
Expenditures
Barker Park Improvements H.7110.0204.0680.0000 Facilities Improvements 0.00 115,000.00 115,000.00
Total Capital Projects Fund Budget Expenditure Increase 115,000.00
Net Impact On Capital Projects Fund 0.00
* Or as previously amended
ORD73
ORDINANCE AUTHORIZING AND DIRECTING TRANSFERS OF CITY OWNED REAL PROPERTY
TO THE TROY COMMUNITY LAND BANK CORPORATION
The City of Troy, in City Council convened, ordains as follows:
Section 1. As directed by Section 83-3(C) of the Troy Code, the Assessor has prepared the list of City
owned surplus real property.
Section 2. As directed by Section 83-3(F)(5) of the Troy Code, the Troy Community Land Bank has
reviewed the list of residential parcels of surplus property and has designated to the Property
Review Committee those parcels it wants to acquire.
Section 3. The Property Review Committee has approved the transfer to the Troy Community Land Bank
of the designated parcels listed in Section 6 below.
Section 4. The Council hereby authorizes the Mayor to convey the parcels listed in Section 6 to the Troy
Community Land Bank Corporation, for the uses and purposes authorized by Section 83-17(C)
of the Troy Code.
Section 5. The Mayor is hereby empowered to execute and deliver to the Troy Community Land Bank
Corporation quit claim deeds conveying the premises listed in Section 6, subject to the applicable
terms and conditions set forth in Section 83-5 (B) of the Troy Code.
Section 6. The designated parcels approved for transfer are as follows:
Class
Tax Map # Location AV Code Class Description Bidder's Name
90.54-1-17 871 River St $110,000 481 Att row bldg Troy Community Land Bank
90.55-3-27 3340 Sixth Ave $62,000 220 2 Family Troy Community Land Bank
90.63-1-22
(includes merged
lot 90.63-1-21) 3230 Sixth Ave $67,000 230 3 Family Troy Community Land Bank
90.63-2-9 17 Park Ave $64,000 220 Old Style Troy Community Land Bank
90.55-9-6
(includes merged
lot 90.55-9-7) 32 Glen Avenue $70,000 220 2 Family Troy Community Land Bank
90.62-6-15 36 Douw Street $20,000 230 3 Family Troy Community Land Bank
Section 7. The above properties will be conveyed by quit claim deeds, subject to any easements or
restrictions of record. The 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 and cleanup, and attorney fees, as applicable.
Section 8. This Ordinance shall take effect immediately.
Approved as to form, ______________________ , 2021
_____________________________________________
Richard T. Morrissey, Corporation Counsel
ORD73
WM. Patrick Madden Steven Strichman
Mayor Commissioner of Planning &
Economic Development
Monica Kurzejeski
Deputy Mayor Department of Phone: (518) 279-7166
Planning & Economic Development Fax: (518) 268-1690
Steven.Strichman@troyny.gov
City Hall
433 River Street
Troy, New York 12180
To: City Council
From: Steven Strichman
Date: August 5, 2021
Re: Troy Community Land Bank
The Troy Community Land Bank is requesting seven (7) properties that will allow them to apply
for “Legacy Cities Funding” earmarked only for Land Banks. This transfer of property when
coupled with other property owned by, or under contract with the Land Bank, creates two
clusters in the North Central Neighborhood large to make lasting change.
The Legacy City funding provides up to $95,000 per unit for renovations, and will provide a
pipeline of dedicated home-ownership housing, for clients of our other non-profit housing groups
to purchase. The Land Bank needs to show control of the property to apply for the funding.
The properties are:
1. 871 River Street – 90.54-1-17
2. 3340 Sixth Ave – 90.55-3-27
3. 3230 Sixth Ave – 90.63-1-22
4. 90.63-1-21 adjoining vacant lot to 3230
5. 17 Park Ave – 90.63-2-9
6. 32 Glen Avenue – 90.55-9-6
7. 36 Douw Street – 90.62-6-15
I recommend this property transfer, that could bring over $1,000,000 in funding to the City’s
North Central neighborhood to create home-ownership opportunities.
ORD73
ORD74
ORDINANCE AUTHORIZING AND DIRECTING TRANSFER OF PARCELS
TO THE TROY LOCAL DEVELOPMENT CORPORATION
The City of Troy, in City Council, convened, ordains as follows:
Section 1. As directed by Section 83-3(C) of the Troy Code, the Assessor has prepared the list of
City owned surplus real property.
Section 2. As directed by Chapter 83-3 (F) (6) of the Troy City Code, the Troy Local Development
Corporation (“TLDC”) has reviewed the list of commercial parcels of surplus property
and has designated to the Property Review Committee those parcels it wants to acquire,
namely 7100-7400 Main Street, Tax Parcels 111.67-1-1 and 111.67-1-2.
Section 3. The Property Review Committee has approved the transfer to the TLDC of the parcels
designated in Section 2 above.
Section 4. The Council hereby authorizes the Mayor to convey the parcels listed in Section 2 to the
TLDC.
Section 5. The Mayor is hereby empowered to execute and deliver to the TLDC a quit claim deed
conveying the parcels listed in Section 2, subject to the applicable terms and conditions
set forth in Section 83-5 (B) of the Troy Code.
Section 6. The properties will be conveyed by quit claim deed, subject to any easements or
restrictions of record. The TLDC 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 and cleanup, and attorney fees, as applicable.
Section 7. This Ordinance shall take effect immediately.
Approved as to form, _________________, 2021
________________________________________
Richard T. Morrissey, Corporation Counsel
ORD74
Chair Executive Director
Justin Nadeau Steven Strichman
Vice-Chair
Andy Ross
To: City Council
From: Steven Strichman
Date: August 5, 2021
Re: Sperry Building transfer to LDC
Section Block 111.67-1 Lots 1 & 2
The Troy LDC, working with the City of Troy Administration, requests transfer of title of the Sperry
building and adjacent lot from the City to TLDC. The two properties were taken by a deeded tax
foreclosure on July 14, 1997.
This brownfield site is in need
of a significant petroleum
remediation, estimated to be
approximately $35 million in
2013. The structure is unsafe,
and will cost an estimated
$1.5 million to demolish
because there is asbestos on
the roof, which cannot be
abated without compromising
the integrity of the existing
structure, which means the
demolition will all have to be
taken to a hazardous waste
landfill.
The LDC has potential
purchasers lined up for this
site, to relocate a portion of
operations related to the
Industrial Road Phase 2 which
would also retain a portion of
land for city D.P.W. storage
that would eventually return
to the City.
While no deal with a developer yet has been signed, a short environmental assessment form for the
transfer to the LDC has been completed which indicates there is no environmental impact related to the
transfer to the LDC.
ORD74
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ORD75
ORDINANCE AUTHORIZING SETTLEMENT OF CLAIM, TO WIT:
CINTHIA THEVENIN, PLAINTIFF V. THE CITY OF TROY ET AL., DEFENDANTS,
U.S. DISTRICT COURT, NORTHERN DISTRICT OF NEW YORK
CIVIL ACTION NO. 1:16-CV-01115 (DJS)
The City of Troy, in City Council convened, ordains as follows:
Section 1. The above named plaintiff, acting in several capacities, commenced an action
under 42 U.S.C. § 1983 in the United States District Court for the Northern
District of New York against the defendants, alleging that the City and
codefendant Troy Police Sergeant Randall C. French violated the constitutional
civil rights of Edson Thevenin.
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 Memorandum in Support. The Corporation Counsel shall obtain a duly
executed Stipulation of Discontinuance and Release in full satisfaction of all
claims, including claims of infants, prior to payment.
Section 3. The Comptroller is authorized and directed to make, issue, and countersign the
required draft as outlined in the Release and Settlement Agreement, 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
ORD75
MEMORANDUM IN SUPPORT
This settlement arises out of the fatal shooting of Edson Thevenin by Troy Police
Sergeant Randall C. French on April 17, 2016, which occurred when Sergeant French was
attempting to arrest Mr. Thevenin for Driving While Intoxicated. Although this legislation
authorizes a substantial settlement of the claim, there is no admission of fault or liability. The
City has never retreated from its position that the killing - however tragic and regrettable - was
lawful. There are indisputable facts. Mr. Thevenin was not unarmed. He was intoxicated (0.19
BAC) and driving a 4000 pound automobile directly at Sergeant French when Sergeant French
shot and killed him. This occurred immediately after Mr. Thevenin had backed his vehicle into
Captain Montanino’s patrol car and then had reversed direction toward Sergeant French.
Sergeant French ultimately was physically pinned against his own patrol car by Mr. Thevenin’s
vehicle, which was found to be in ‘Drive’ mode. What Mr. Thevenin was thinking when he
performed these operations, we will never know. He was highly intoxicated. But Sergeant French
reasonably believed he was going to be crushed, and in those circumstances, the shooting was
justified.
Nevertheless, in continuation of the tragedy of this case, Sergeant French died on April
30, 2020. Although his deposition had been taken by plaintiff’s attorneys and could be admitted
into evidence, a jury would never be able to hear Sergeant French completely explain in his own
voice his perceptions, actions, and motivations on April 17, 2016. However, they would hear
Mrs. Thevenin credibly testify as to hers and her children’s losses due to the untimely death of
her husband. That dynamic drove a great amount of uncertainty. The Court suggested a
settlement conference and the parties met with Judge Stewart on August 4 to discuss all of the
issues. The City’s excess insurance carrier was present and participated. Ultimately, after seven
hours of negotiation, and despite the reluctance of the parties, the Court facilitated a settlement in
the amount of $1,550,000, to which all parties agreed.
The settlement resolves all of the plaintiff’s claims fully and finally with no admissions
of liability or fault, and no additional award of attorney’s fees. If the settlement is approved, the
City’s excess insurance carrier will pay $1,300,000 of the total amount and the City will be liable
for the balance of $250,000 from our self-insured retention. The City already has paid nearly
$250,000 in attorney’s fees and disbursements for the defense of the case.
The settlement of this lawsuit is expressly subject to City Council approval, and it is
respectfully recommended that the settlement be approved. Although not an ideal result, it is a
realistic and reasonable way to manage and resolve the risks of this litigation. By terms of the
settlement, the case will be discontinued in its entirety and the proceeding will be dismissed with
prejudice upon payment of the agreed sum. There will be no admission of liability or fault on the
part of the defendants. Additionally, each party will be responsible for its own costs and
attorney’s fees, and the defendants will be released from all further liability. The
recommendation to settle this case represents a business judgment made in full consideration of
the particular facts and circumstances of the case, the available defenses to the claim, and the
possibility of a higher award of damages with attorney’s fees, as well as the expenditures of
further litigation, trial, and appeal. Moreover, regardless of the actions of Mr. Thevenin, his
ORD75
family is certainly blameless and has suffered. In the circumstances of this case, settlement for
the agreed amount – with the certainty and finality it provides – is not only prudent and
reasonable, but humane.
Both the Court and the plaintiff understand that the proposed settlement is conditioned
upon approval of the City Council and the Mayor. If the terms of the settlement are not
approved and fully executed, the case will be returned to the District Court calendar for trial to
be held after the Thanksgiving holiday.
RES63
RESOLUTION ACCEPTING THE 2020 FINANCIAL AUDIT AS PREPARED BY THE
BONADIO GROUP
WHEREAS, on February 4, 2021, the Troy City Council authorized the Mayor to enter
into an agreement with The Bonadio Group to provide auditing services for the fiscal years 2020,
2021, and 2022; and
WHEREAS, the financial statement audit for the 2020 fiscal year has been completed,
and draft copies have been provided to the Troy City Council; and
WHEREAS, the Bonadio Group has audited and certified the results of the 2020 fiscal
year; and
WHEREAS, all draft documents have been reviewed before the Troy City Council,
NOW, THEREFORE, BE IT RESOLVED, the Troy City Council hereby accepts the
2020 financial audit as prepared by the Bonadio Group.
Approved as to form, __________________, 2021
________________________________________
Richard T. Morrissey, Corporation Counsel
RES63
Memo In Support
This Resolution accepts the 2020 financial audit prepared by the Bonadio Group. The audit is
considered in draft until approved by the Troy City Council.
The other remaining audits (single audit of federal expenditures and single audit of State
expenditures) is still being worked on and will be presented to the City Council in September
2021.
RES64
RESOLUTION APPOINTING A COMMISSIONER OF DEEDS FOR
THE CITY OF TROY
BE IT RESOLVED, that the City Council hereby appoints the following individual, as
identified in the application attached hereto and made a part hereof, Commissioner of Deeds for
the City of Troy, for a two-year term beginning on September 10, 2021 and ending on September
9, 2023.
Colleen M. Hayes
98 Euclid Avenue
Troy, New York 12180
Approved as to form, ________________, 2021
______________________________________
Richard T. Morrissey, Corporation Counsel
RES64
RES65
RESOLUTION DETERMINING THAT PROPOSED UNLISTED ACTION SHALL HAVE NO
SIGNIFICANT ADVERSE IMPACTS ON THE ENVIRONMENT
WHEREAS, the City Council of the City of Troy, New York (the “City”) is considering the transfer to
the Troy Local Development Corporation, Tax Parcels 111.67-1 Lots 1 & 2, also known as “the Sperry
property” in South Troy; and
WHEREAS, pursuant to the New York State Environmental Quality Review Act (the “SEQR Act”) and
the regulations adopted pursuant thereto by the Department of Environmental Conservation of the State
of New York, being 6 NYCRR Part 617, as amended (the “Regulations”), the City desires to comply
with the SEQR Act and the Regulations with respect to the Project.
NOW, THEREFORE, BE IT RESOLVED, that the transfer constitutes an “Unlisted Action” under 6
NYCRR § 617; and
BE IT FURTHER RESOLVED, that a Short Environmental Assessment form has been completed and
reviewed and it is the determination of the City Council that the action will have no significant adverse
impacts on the environment.
Approved as to form, ___________, 2021
___________________________________
Richard T. Morrissey, Corporation Counsel
RES66
RESOLUTION OF TROY CITY COUNCIL RECOGNIZING THE 250TH
ANNIVERSARY OF LANSINGBURGH
WHEREAS, in 1670, Francis Lovelace, Governor of New York, granted to Robert Saunders what is now
Lansingburgh; and
WHEREAS, in 1763, after a series of land transfers, Abraham Lansing became the new owner of Lansingburgh,
originally called New City; and
WHEREAS, in 1771, Lansing had the area surveyed and laid out in lots surveyed by Joseph Blanchard and called
Lansingburgh. Village Green (112th St Park, one of the few remaining public spaces in New York State from the
1700’s) was incorporated in the survey and used as a training area for the Revolutionary War; and
WHEREAS, in 1775, a Declaration of Independence was drawn up and signed by 49 landowners and businessmen,
one year before the national one in Philadelphia was signed; and
WHEREAS, in 1787, the first newspaper, “The Northern Centinel and Lansingborough Advertiser,” was founded.
“Lansingborough” was a printing error and was later changed to “Lansingburgh;” and
WHEREAS, The first post-office in Lansingburgh was established in 1792. The Lansingburgh library was opened
in 1794; and
WHEREAS, in 1795, the Legislature passed a law providing for the paving of certain streets in Lansingburgh; and
WHEREAS, in 1796, Lansingburgh Academy was chartered by the New York State Regents. Among its students
were Herman Melville and Chester A. Arthur. The first building was wood and located on the Village Green. In
1820, it was relocated to a brick building at NW corner of 4th Avenue and 114th Street; and
WHEREAS, in 1804, the first bridge was built across the Hudson River (Union Bridge), with the original pillars still
in use by the current bridge; and
WHEREAS, in the 1820s, brushmaking began and by midcentury 70% of brushes made in the US were from
Lansingburgh. At any one time, 37-45 brush factories were operational in Lansingburgh; and
WHEREAS, in 1821, William Powers abandoned teaching and devoted full time to the manufacture of oilcloth; and
WHEREAS, in 1838, the Melville family moved from Albany to the Southeast corner of River (1st Avenue) and
North Streets (114th Street); and
WHEREAS, in 1838, Melville paid $5.25 for the term and took a course on surveying and engineering at
Lansingburgh Academy; and
WHEREAS, in 1838, the Legislature changed boundaries, making Batestown, between today’s North Street and
101st Street, part of Troy; and
WHEREAS, 1843, brought the first serious fire, resulting in the loss of 25 buildings and damage to several more.
Fourteen days later, 12 more buildings were destroyed. Both fires occurred between State Street (2nd Avenue) and
Congress Street (3rd Avenue) between Elizabeth Street (116th Street) and Grove Street (118th Street); and
RES66
WHEREAS, in 1844, a volunteer fire department was created by act of Legislature; and
WHEREAS, in 1849, the first African-American Public School was established; and
WHEREAS, in 1867, the Rensselaer Park Association formed, creating a 42 acre park between 108th and 110th
Streets from 5th Avenue to the foot of Oakwood Cemetery. It included horse racing, a Midway with roller coaster,
stunt pilots, balloon ascensions, and pavilions for concerts. The County fair was held here for some years. Baseball
field was the home of the “Haymakers,” later to become the New York Giants. It closed in 1917; and
WHEREAS, in 1869, St Augustine’s Free Institute was established; and
WHEREAS, in 1872, Ludow Valve company moved from Waterford to Lansingburgh and then to South Troy in
1896; and
WHEREAS, in 1874, a paid fire department was organized; and
WHEREAS, in 1882, Mrs. Deborah Powers, then 93, devoted a portion of her estate to the Powers Home for Old
Ladies (Northwest corner of 3rd Avenue and 123rd Street). This was in addition to Powers Park and Powers School
and Powers Opera House. She stepped in to save the Lansingburgh Bank from going under. All done while running
Powers Oilcloth factory after her husband’s death in a factory accident; and
WHEREAS, in 1893, Leonard Hospital was incorporated; and
WHEREAS, in 1901, Lansingburgh was incorporated into Troy.
NOW, THEREFORE, BE IT RESOLVED that the members of the Troy City Council do hereby recognize and
commemorate the 250th anniversary of the founding of Lansingburgh.
Approved as to form ______________, 2021
Richard T. Morrissey, Corporation Counsel
RES67
RESOLUTION HONORING FORMER CITY COUNCIL MEMBER
ROBERT J. “BOB” DOHERTY, 1944 – 2021
WHEREAS, Robert J. “Bob” Doherty was born in New York City on September 1, 1944, and
grew up in the Bronx, graduating from New York University and serving in the U.S. Army from
1967 – 1969, at Fort Leavenworth, Kansas, where he led a prisoner rehabilitation program; and
WHEREAS, after earning his Master of Social Work degree at Columbia University in 1972,
Bob began his long career working in and leading hospital-based programs for alcohol and
substance abuse and behavioral health psychiatric programs; and
WHEREAS, Bob moved to Troy in 2007 and dedicated much of his energy contributing to and
promoting the Troy community, including being elected to the Troy City Council where he
served for six years, providing steadfast leadership as Chair of the Public Safety Committee; and
WHEREAS, Bob helped found the Justice Center of Rensselaer County which he considered his
greatest achievement and the culmination of a life lived as a champion of human rights, racial
equality, and social justice; and
WHEREAS, Bob was a fierce supporter of the less advantaged and more troubled among us and
appreciated the humanity in every human being; and
WHEREAS, while Bob was committed to his ideological beliefs, he always sought common
ground in order to overcome barriers to progress, cooperation, and understanding; and
WHEREAS, Bob deeply loved his family and its Irish heritage, and lived his principles daily,
exuding kindness and compassion, and inspiring all he encountered; and
WHEREAS, Bob passed away on August 3, 2021, leaving a legacy of gratitude, joy, optimism,
and profound love of humanity.
NOW, THEREFORE, BE IT RESOLVED that the Troy City Council pause in its
deliberations to honor Robert J. “Bob” Doherty for his dedicated service to Troy and its citizens,
and in our gratitude for his humanity may we ever remember Bob reciting the Pledge of
Allegiance at City Council meetings, as even then he always gave a clarion voice to his values
with his resounding “and JUSTICE FOR ALL!”
Approved as to form ______________, 2021
Richard T. Morrissey, Corporation Counsel
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