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City Council

Regular Meeting

Troy, NY · August 19, 2021

AgendaMinutes

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. 1 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. 2 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. 3

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 ORD69 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 ORD69 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 ORD74 ORD74 ORD74 ORD74 ORD74 ORD74 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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