City Council
Regular MeetingTroy, NY · June 22, 2023
Minutes
Minutes of the
TROY CITY COUNCIL
FINANCE MEETING
June 22, 2023
6:00 P.M.
The meeting was called to order at 6:45 p.m. by Council President Mantello.
Roll Call: The roll being called, the following answered to their names: Council Member Gulli,
Council Member Figueroa, Council Member Steele, Council Member Menn, Council Member
Conley-Wilson Council Member Sorriento, Council President Mantello, Chair.
In attendance were Mayor Patrick Madden, Deputy Mayor Chris Nolin, Corporation Council
Richard Morrissey, Comptroller Andy Piotrowski, Approximately 5 members of the public
attended.
Public Forum:
• Bob Blackmon
The council voted to go into executive sessions to discuss Ordinance #47 and #48 7 ayes 0 nos
47. Ordinance Authorizing Settlement Of Claim, To Wit: Christopher J. Johnson, Plaintiff,
V. The City Of Troy, The City Of Troy Police Department, And The Estate Of Sergeant
Randall C. French, Defendants, U.S. District Court, Northern District Of New York
Civil Action No. 1:20-Cv-1279 (Mad/Twd) (Council Member Steele) (At The Request Of
The Administration)
Ordinance passed 7 ayes, 0 nos 0 abstentions. 0 absent
48. Ordinance Authorizing Settlement Of Claim, To Wit: Carlos Andres Perez Vargas,
Plaintiff, V. City Of Troy, All Phase Services, Inc., And Ditonno & Sons, LLC, Defendants,
Rensselaer County Supreme Court, Index No. Ef2021-268806 (Council Member Steele) (At
The Request Of The Administration)
Ordinance passed 7 ayes, 0 nos 0 abstentions. 0 absent
49. Ordinance Amending The 2023 General Fund And Garbage Fund Budgets (Council
President Mantello) (At The Request Of The Administration)
Ordinance passed 7 ayes, 0 nos 0 abstentions. 0 absent
59. Resolution Authorizing The Mayor To Enter Into A Contract With The Boys And Girls
Club Of The Capital Area, Inc., For The Purpose Of Providing Trained Personnel To
Administer And Operate The South Troy Pool Facility Through August 31, 2023 (Council
President Mantello) (At The Request Of The Administration)
Resolution passed 6 ayes, 0 nos 1 abstentions (Figueroa) . 0 absent
1
60. Resolution Appointing Alyssa Mcclenaghan To The Board Of Assessment Review Of
The City Of Troy (Council President Mantello) (At The Request Of The Administration)
Resolution passed 7 ayes, 0 nos 0 abstentions. 0 absent
61. Resolution Confirming An Appointment To The Troy Industrial Development
Authority (Troy Ida) (Council President Mantello) (At The Request Of The
Administration) Mantello made a motion to add by unanimous consent motion passed 7 ayes 0
nos Resolution passed 7 ayes, 0 nos 0 abstentions. 0 absent
62. Resolution Authorizing A Friendship City Relationship Between The City Of Troy,
New York, And The City/Town Of Martakert In The Republic Of Artsakh (Council
President Mantello)
Resolution passed 6 ayes, 1 no (Conley-Wilson) 0 abstentions. 0 absent
63. Resolution Calling Upon Governor Kathy Hochul To Ensure That The Maternity Ward
Of The Samaritan Hospital Remains Open And Continues To Provide Vital Birth And
Maternity Services (Council President Mantello, Council Member Steele)
Resolution passed 7 ayes, 0 nos 0 abstentions. 0 absent
64. Resolution Authorizing The Mayor To Enter Into A Memorandum Of Understanding
With The Capital District Transportation Authority Regarding Infrastructure Cost
Sharing And Project Implementation For Construction Of The Liberty Square Mobility
Hub (Council President Mantello) (At The Request Of The Administration)
Resolution passed 7 ayes, 0 nos 0 abstentions. 0 absent
Adjournment
The meeting adjourned at 7:40 p.m.
A video recording of this meeting is on file at the City Clerk's office.
An audio recording of this meeting is on file at the City Clerk's office.
Audio and video recordings of this meeting are on file at the City Clerk's office.
2
Agenda
TROY CITY COUNCIL
FINANCE MEETING AGENDA
June 22, 2023
6:00 P.M.
Pledge of Allegiance
Roll Call
Presentation of Agenda
Public Forum
ORDINANCES
47. Ordinance Authorizing Settlement Of Claim, To Wit: Christopher J. Johnson, Plaintiff, V.
The City Of Troy, The City Of Troy Police Department, And The Estate Of Sergeant Randall C.
French, Defendants, U.S. District Court, Northern District Of New York
Civil Action No. 1:20-Cv-1279 (Mad/Twd) (Council Member Steele) (At The Request Of The
Administration)
48. Ordinance Authorizing Settlement Of Claim, To Wit: Carlos Andres Perez Vargas, Plaintiff,
V. City Of Troy, All Phase Services, Inc., And Ditonno & Sons, LLC, Defendants, Rensselaer
County Supreme Court, Index No. Ef2021-268806 (Council Member Steele) (At The Request Of
The Administration)
49. Ordinance Amending The 2023 General Fund And Garbage Fund Budgets (Council
President Mantello) (At The Request Of The Administration)
RESOLUTIONS
59. Resolution Authorizing The Mayor To Enter Into A Contract With The Boys And Girls Club
Of The Capital Area, Inc., For The Purpose Of Providing Trained Personnel To Administer And
Operate The South Troy Pool Facility Through August 31, 2023 (Council President Mantello)
(At The Request Of The Administration)
60. Resolution Appointing Alyssa Mcclenaghan To The Board Of Assessment Review Of The
City Of Troy (Council President Mantello) (At The Request Of The Administration)
62. Resolution Authorizing A Friendship City Relationship Between The City Of Troy, New
York, And The City/Town Of Martakert In The Republic Of Artsakh (Council President
Mantello) (At The Request Of The Administration)
63. Resolution Calling Upon Governor Kathy Hochul To Ensure That The Maternity Ward Of
The Samaritan Hospital Remains Open And Continues To Provide Vital Birth And Maternity
Services (Council President Mantello, Council Member Steele)
1
64. Resolution Authorizing The Mayor To Enter Into A Memorandum Of Understanding With
The Capital District Transportation Authority Regarding Infrastructure Cost Sharing And Project
Implementation For Construction Of The Liberty Square Mobility Hub (Council President
Mantello) (At The Request Of The Administration)
2
ORD47
ORDINANCE AUTHORIZING SETTLEMENT OF CLAIM, TO WIT:
CHRISTOPHER J. JOHNSON, PLAINTIFF, V. THE CITY OF TROY, THE CITY OF TROY
POLICE DEPARTMENT, AND THE ESTATE OF SERGEANT RANDALL C. FRENCH,
DEFENDANTS, U.S. DISTRICT COURT, NORTHERN DISTRICT OF NEW YORK
CIVIL ACTION NO. 1:20-cv-1279 (MAD/TWD)
The City of Troy, in City Council convened, ordains as follows:
Section 1. The above named plaintiff commenced an action under 42 U.S.C. §§ 1981 and 1983, and
Title VII of the Civil Rights Act of 1964, as amended, in the United States District Court
for the Northern District of New York against the City of Troy, the City of Troy Police
Department, and the Estate of Troy Police Sergeant Randall C. French, alleging federal
claims of discrimination in employment as a police officer on account of race,
maintaining a hostile work environment, and constructive discharge.
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 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 Mediated 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, ________________________, 2023
_______________________________________________
Richard T. Morrissey, Corporation Counsel
RES47
Date: June 17, 2023
To: City Council
From: Richard T. Morrissey, Corporation Counsel
Re: Settlement of Claim (Christopher J. Johnson, v. City of Troy and Estate of Sergeant
Randall C. French, U.S. District Court, Northern District of New York
Civil Action No. 1:20-cv-1279 (MAD/TWD)
This settlement arises out of an action brought by the plaintiff in or about October of 2020 under
42 U.S.C. §§ 1981 and 1983, and Title VII of the Civil Rights Act of 1964, as amended, in the
United States District Court for the Northern District of New York against the City of Troy, the
Troy Police Department, and the Estate of Troy Police Sergeant Randall C. French. Sgt. French
died in April of 2020 before the action was brought.
In the original complaint, Plaintiff alleged numerous claims of racial discrimination against him
in his employment as a police officer. After extensive discovery was completed and the
defendants’ summary judgment motion was decided, three claims survived for trial: (1)
plaintiff’s Title VII hostile work environment claim as against the City of Troy; (2) plaintiff’s 42
U.S.C. § 1981 hostile work environment claim as against the City of Troy and the Estate of
Sergeant French; and (3) plaintiff’s 42 U.S.C. § 1983 hostile work environment claim as against
the Estate of Sergeant French. The claims themselves arose out of several instances of racialized
banter in the workplace.
This is a business decision proposed to be made in the best interests of the City and its taxpayers.
Although a jury could find for the defendants in this case, there is evidence that some
intrinsically objectionable remarks were made. Sgt. French, who was plaintiff’s supervisor, will
of course not be available to refute, explain, or otherwise provide any context for the conduct and
remarks specifically attributed to him as well as for other alleged instances. Thus, it is also
possible that the harms alleged by plaintiff could be entirely credited. Furthermore, even if the
jury were to find minimal harm to plaintiff, the defendants would then still be liable to plaintiff
for hundreds of thousands of dollars in attorneys’ fees. The trial of this case is scheduled to begin
on July 10.
In good faith attempts to resolve this dispute, the parties have participated in two separate
mediation sessions under the supervision of retired U.S. Magistrate Randolph F. Treece. On June
16, 2023, the parties entered into a mediation settlement agreement which is subject to City
Council approval. Since many of the plaintiff’s claims were dismissed on summary judgment
motion, this settlement resolves all of the plaintiff’s remaining claims fully and finally with no
admission of liability or fault on the part of the defendants, and no additional award of attorneys’
fees. The total amount of the settlement is $295,000.00. If the Council approves the settlement,
the City will be responsible for paying the balance of the City’s $150,000.00 insurance retention,
which now has approximately $70,000.00 remaining. The Employer Liability coverage carrier
will be responsible for paying the balance of the settlement amount, approximately $225,000.00.
City Hall, 433 River Street, Suite 5001, Troy, New York 12180
RES47
It is respectfully recommended that the Council approve the settlement in order to limit the City's
liability to the balance of its insurance retention. Although we have a triable case with substantial
defenses to plaintiff’s claims, there is always the risk of an errant verdict as well as the additional
liability for plaintiff’s attorneys’ fees if plaintiff recovers more than nominal damages. There is
also the certainty that the City would have to spend almost as much as the insurance retention
balance for the fees of its own attorney in order to try the case. The settlement is a realistic and
reasonable way to manage and resolve the risks and expenses of this federal court litigation.
By the 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 any of the defendants. In addition, each party will be responsible
for its own costs and attorney’s fees, and the defendants will be released from all further liability.
As stated herein, 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 claims, and the potential for a higher award of damages with attorneys’ fees, as well as the
expenditures of further litigation, trial, and appeal. In the circumstances of this case, settlement
for the agreed amount – with the certainty and finality it provides – is prudent and reasonable.
Both the Court and the plaintiff understand that the proposed settlement is conditioned upon
approval of the City Council. If the terms of the settlement are not approved and fully executed,
the case will be returned to the District Court calendar for trial.
2
ORD48
ORDINANCE AUTHORIZING SETTLEMENT OF CLAIM, TO WIT:
CARLOS ANDRES PEREZ VARGAS, PLAINTIFF, V. CITY OF TROY, ALL PHASE
SERVICES, INC., AND DITONNO & SONS, LLC, DEFENDANTS, RENSSELAER COUNTY
SUPREME COURT, INDEX NO. EF2021-268806
The City of Troy, in City Council convened, ordains as follows:
Section 1. The above named plaintiff commenced an action sounding in negligence and also under
New York Labor Law §§ 200, 240(1), and 241(6) and the Industrial Code of the State of
New York, alleging that he fell from a ladder and sustained serious personal injuries on
September 25, 2020, while performing asbestos abatement in preparation for demolition
of the former Leonard Hospital building owned by the City.
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 prior to
payment.
Section 3. The Comptroller is authorized and directed to make, issue, and countersign the required
draft, if any is necessary, 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, ________________________, 2023
_______________________________________________
Richard T. Morrissey, Corporation Counsel
RES48
Date: June 17, 2023
To: City Council
From: Richard T. Morrissey, Corporation Counsel
Re: Settlement of Claim (Perez Vargas v. City of Troy et al., Rensselaer County
Supreme Court, Index No. EF2021-268806)
This settlement arises out of an action brought by the plaintiff in or about May of 2021,
alleging negligence and violations of New York Labor Law §§ 200, 240(1), and 241(6)
and the Industrial Code of the State of New York. Plaintiff alleged that he fell from a
ladder and sustained serious personal injuries on September 25, 2020, while performing
work for the City’s asbestos abatement contractor in preparation for the demolition of the
former Leonard Hospital building. The City owned the premises. The accident was
unwitnessed. Plaintiff alleged numerous disabling injuries, including a broken ankle. He
had several surgeries.
Because the City was named as additional insured on the asbestos abatement contractor’s
liability policy, the contractor’s general liability insurance carrier assumed the defense of
the case and agreed to indemnify the City. A mediation was held on June 1, 2023, at
which the parties agreed to a total settlement of $850,000.00. The carrier participated in
the mediation and agreed to pay the settlement.
Under this settlement, the City’s out-of-pocket liability is zero.
Therefore, it is respectfully recommended that the Council approve the settlement in
order to limit the City 's liability. Although this is a triable case with substantial defenses
to plaintiff’s claims, there remains the risk of a substantial recovery in excess of the
policy limits if the case proceeds. There is no risk with the settlement that the plaintiff
and the insurance carrier have already accepted. The settlement is the best way for the
City to manage and resolve the risks and expenses of this litigation.
By the 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 any of the defendants. In addition, each
party will be responsible for its own costs and attorney’s fees, and the defendants will be
released from all further liability. As stated herein, 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 claims, and the potential for a
higher award of damages, as well as the expenditures of further litigation, trial, and
appeal. In the circumstances of this case, settlement for the agreed amount – with the
certainty and finality it provides – is prudent and reasonable.
Both the Court and the plaintiff understand that the proposed settlement is conditioned
upon approval of the City Council. If the terms of the settlement are not approved and
fully executed, the case will be returned to the Supreme Court calendar for trial.
City Hall, 433 River Street, Suite 5001, Troy, New York 12180
ORD49
ORDINANCE AMENDING THE 2023 GENERAL FUND AND
GARBAGE FUND BUDGETS
The City of Troy, convened in City Council, ordains as follows:
Section 1. The City of Troy 2023 budget is herein amended as set forth in Schedule A
entitled:
2023 Budget Amendment(s) – July 2023 City Council Meeting
which is attached hereto and made a part hereof.
Section 2. This Ordinance shall take effect immediately.
Approved as to form, ____________________, 2023
Richard T. Morrissey, Corporation Counsel
ORD49
WM. Patrick Madden Andrew Piotrowski
Mayor City Comptroller
Chris Nolin
Deputy Mayor Office of the Comptroller
City Hall
433 River Street
Troy, New York 12180
Date: June 16, 2023
To: Troy City Council
From: Andrew Piotrowski, City Comptroller
Re: 2023 Budget Amendment(s) – July 2023 City Council Meeting
The reasons below are specific to the items as referenced on Schedule A as justification for the
budget amendment(s).
1. An increase in the Municipal Court expenditure account and State Aid reimbursement
account for work to be done at the city courthouse that will be reimbursed by OCA.
2. A transfer within the OGS Administration department account to provide funding for
uniforms for the remainder of the 2023 fiscal year.
3. A transfer within the Engineering department in the amount of $75,300 for additional
consultant services. Funding is being provided from salary savings within the Temporary
Salaries account.
4. Transfers are being made within the BIS department, with funding totaling $37,500
originating from salary savings in Permanent Salaries. The funding is being used for
monies within the Temporary Salaries, Overtime, and Office Equipment accounts. The
monies transferred to the equipment account will be used to purchase new computers for
various departments.
5. An amendment within the Garbage Fund to account for the 2023 portion of the USDA
grant related to the ongoing composting initiative.
6. A transfer within the Special Recycling department to provide funding for training costs
incurred in the 2023 fiscal year to date.
Schedule A ORD49
2023 Budget Amendment(s) – July 2023 City Council Meeting
Original Change Revised
Department Account No. Description Reference
Budget* (+/-) Budget
General Fund
Revenues
Miscellaneous A.1000.3021.0000.0000 State Aid 65,000.00 70,000.00 135,000.00 1
Total General Fund Budget Revenue Increase 70,000.00
Expenditures
Municipal Courts A.1110.0409.0000.0000 Consultant Services 65,000.00 70,000.00 135,000.00 1
OGS Administration A.1490.0303.0000.0000 Other Material & Supplies 3,000.00 (835.00) 2,165.00 2
OGS Administration A.1490.0423.0000.0000 Uniforms 22,635.00 835.00 23,470.00 2
Engineering A.1440.0102.0000.0000 Temporary Salaries 100,000.00 (70,000.00) 30,000.00 3
Engineering A.1440.0806.0000.0000 Social Security 24,641.00 (5,300.00) 19,341.00 3
Engineering A.1440.0409.0000.0000 Consultant Services 50,000.00 75,300.00 125,300.00 3
BIS A.1680.0101.0000.0000 Permanent Salaries 362,982.00 (35,000.00) 327,982.00 4
BIS A.1680.0806.0000.0000 Social Security 28,197.00 (2,500.00) 25,697.00 4
BIS A.1680.0102.0000.0000 Temporary Salaries 0.00 1,000.00 1,000.00 4
BIS A.1680.0103.0000.0000 Overtime 500.00 1,000.00 1,500.00 4
BIS A.1680.0201.0000.0000 Office Equipment 0.00 35,500.00 35,500.00 4
Total General Fund Budget Expenditure Increase 70,000.00
Net Impact On General Fund 0.00
Original Change Revised
Department Account No. Description Reference
Budget* (+/-) Budget
Garbage Fund
Revenues
Federal Aid CL.8000.4989.0000.0000 USDA Grant 0.00 32,151.00 32,151.00 5
Total Garbage Fund Budget Expenditure Increase 32,151.00
Expenditures
Bulk Pickup CL.8175.0409.0000.0000 Consultant Services 16,500.00 32,151.00 48,651.00 5
Special Recycling CL.8189.0409.0000.0000 Consultant Services 10,000.00 (2,125.00) 7,875.00 6
Special Recycling CL.8189.0410.0000.0000 Training 2,500.00 2,125.00 4,625.00 6
Total Garbage Fund Budget Expenditure Increase 32,151.00
Net Impact On Garbage Fund 0.00
* Or as previously amended
RES59
RESOLUTION AUTHORIZING THE MAYOR TO ENTER INTO A CONTRACT WITH
THE BOYS AND GIRLS CLUB OF THE CAPITAL AREA, INC., FOR THE PURPOSE
OF PROVIDING TRAINED PERSONNEL TO ADMINISTER AND OPERATE THE
SOUTH TROY POOL FACILITY THROUGH AUGUST 31, 2023
______________________________________________________________________________
WHEREAS, the City of Troy and The Boys and Girls Club of the Capital Area, Inc., desire to
enter into the Agreement attached hereto; and
WHEREAS, the City of Troy and The Boys and Girls Club of the Capital Area, Inc., entered
into similar Agreements to staff the City’s South Troy Pool Facility in the summers of 2020,
2021, and 2022; and
WHEREAS, The Boys and Girls Club of the Capital Area, Inc., has substantial experience and
expertise in day-to-day recreational pool management, can operate and maintain the facility
consistent with legal regulation, and can furnish qualified lifeguards to ensure the safety of pool
users; and
WHEREAS, the Council desires to open the South Troy Pool Facility, especially for the benefit
of the children of Troy.
NOW, THEREFORE, BE IT RESOLVED, the City Council of the City of Troy hereby
authorizes the Mayor to enter into the attached Agreement with The Boys and Girls Club of the
Capital Area, Inc., to provide trained personnel to administer and operate the South Troy Pool
Facility through August 31, 2023.
Approved as to form, ____________________, 2023
______________________________________
Richard T. Morrissey, Corporation Counsel
RES59
WM. Patrick Madden Chris Nolin
Mayor Deputy Mayor
Office of the Deputy Mayor
City Hall
433 River Street
Troy, New York 12180
Date: June 22, 2023
To: Troy City Council
From: Chris Nolin, Deputy Mayor
Re: Memorandum in Support, RES#59
The Administration seeks to renew a contract with the Boys and Girls Club. The Boys and Girls
Club has a proven track record and is uniquely positioned to staffing needs – especially
lifeguards. The Boys and Girls Club will hire previous employees and will also hold a
certification program for training and certifying additional staff. Since the Boys and Girls Club
operated the facility for us prior years, it will be easier for them to set up and we will be able to
secure the County Health Department approvals promptly so that we will be ready to open in
July. As everyone knows, The Boys and Girls Club has decades of experience in swimming pool
management and supervision, and has proven to be a reliable partner in this City operation.
This agreement also will allow residents the ability to participate in the healthy meal program,
including lunch and snack, since that is one of the programs the Club provides.
RES59
THIS AGREEMENT
Made on the _____22nd_______ day of __________June_______________, 2023, by and between City of
Troy, whose principal place of business is situated at City Hall, in the City of Troy, County of Rensselaer
and State of New York, herewith referred to as “City”, and The Boys & Girls Clubs of the Capital Area,
Inc. whose principal place of business is 21 Delaware Avenue, County of Albany, State of New York,
hereinafter referred to as “Agency”.
W I T N E S S E T H:
WHEREAS, the City is desirous of obtaining the services of the Agency in order to help provide
wholesome and beneficial recreation and education for the children of Troy, New York, and thus to help
reduce and prevent juvenile delinquency within the City of Troy, and
NOW THEREFORE, this Agreement
W I T N E S S E T H:
That the parties hereto agree, as follows:
1. The Agency hereby agrees to supply services to recruit, train and provide supervisors, lifeguard,
and security and pool attendant personnel for the operation of the South Troy Pool for the 2023
season. The Agency’s Site Supervisor will be overseen by the Parks and Recreation Supervisor,
Kevin Graber.
2. Payment for services will be reimbursed after receipt of payroll records for staff specific to the
services described in Schedule A. Payment will be made within 30 days of receipt of invoice and
supporting documentation.
3. Upon agreement of both parties, the total sum of money that the City agrees to pay, as set forth in
the above paragraph, may be reduced if both parties agree that there will be unencumbered funds.
Any reduction in the total contract sum will be made in writing and appropriate adjustments will
be made in Schedule A.
4. The Agency hereto agrees, as follows:
a. to make available for audit and inspection by the Auditor of the City of Troy, its plant
facilities and financial and other statistical records used in connection with the improved
and expanded youth programs provided for in this contract, and keep such records
available for inspection by properly qualified personnel of the City of Troy or of the
State;
b. to report to the City of Troy at such times and in such manner and form as is prescribed
by them, the services performed pursuant to this Agreement, and similarly certify all
expenditures which the agency claims to have made pursuant to said Agreement;
c. to comply with such rules and regulations as the City of Troy and the State may make
from time to time pursuant to law;
d. to maintain the following general liability insurance coverage on all locations and
facilities as described below:
i. Commercial general liability and contractual liability on an occurrence basis
with the following limits of coverage: bodily injury, property damage and
personal injury, One Million Dollars ($1,000,000) each occurrence/Two Million
Dollars ($2,000,000) general aggregate.
1. Liability Insurance policies will not be accepted that:
a. Remove or restrict blanket contractual liability located in the
“insured contract” definition (as stated in Section V, Number
9, Item f in the ISO CGL policy or equivalent) so as to limit
coverage against claims that arise out of work; or
RES59
b. Remove or modify the “insured Contract” exception to the
employers liability exclusion; or
c. Do not cover the additional insured for claims involving injury
to employees of the named insured or subcontractors.
2. Contractor shall require any subcontractors hired, carry insurance with
the same limits and provisions provided here in. The contractor will
maintain certificates of insurance for all subcontractors hired as part of
the contractor’s records.
ii. Workers compensation insurance as required by law and including employer's
liability insurance. Statutory disability benefits insurance as may be required by
law.
iii. Comprehensive Automobile Liability coverage on owned, hired, leased, or non-
owned autos with limits not less than One Million Dollars ($1,000,000)
combined for each accident because of bodily injury sickness, or disease,
sustained by any person, caused by accident, and arising out of the ownership,
maintenance or use of any automobile for damage because of injury to or
destruction of property, including the loss of use thereof, caused by accident and
arising out of the ownership, maintenance or use of any automobile.
iv. Each policy of insurance required shall be in form and content satisfactory to the
City Corporation Counsel, and shall provide that:
1. The City of Troy is named additional insured on a primary and Non-
Contributing basis.
2. The insurance policies shall not be changed or cancelled until the
expiration of thirty (30) days after written notice to the City of Troy
Corporation Counsel’s Office.
3. The insurance policies shall be automatically renewed upon expiration
and continued in force unless the City of Troy Corporation Counsel’s
Office is given sixth (60) days written notice of the contrary;
e. not to assign, transfer, convey, sublease or otherwise dispose of said agreement or the
right, title or interest therein or the power to execute the same to any other person,
company or corporation without the previous consent, in writing, of the City of Troy;
f. that said Agreement may be terminated by the City or the Agency on thirty (30) days
prior notice, in writing, to the other;
g. to conform with the “Governor’s anti-discrimination clause in contracts” as of the
memorandum dated November 20, 1963.
5. That at all times during the terms of this Agreement the Agency shall remain as to the City an
independent contractor and shall retain its separate identity and shall remain a separate entity and
shall not in any way be an agent of the City.
6. That the Agency shall indemnify, defend and hold harmless the City, its officials, agents,
appointees and employees from all claims, damages, demands, losses, expenses, fines, causes of
action, suits or other liabilities (including all costs and attorney fees, consequential damages, and
punitive damages) arising out of the work or performance of the Agency.
7. That the City shall indemnify, defend and hold harmless the Agency, its officials, agents,
appointees and employees from all claims, damages, demands, losses, expenses, fines, causes of
action, suits or other liabilities (including all costs and attorney fees, consequential damages, and
punitive damages) arising out of the work or performance of the City.
8. The terms of the within Contract shall commence on June 30, 2023, and shall terminate on August
31, 2023.
RES59
IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day and year first above
written.
CITY OF TROY
BY: _______________________________
Wm. Patrick Madden
Mayor
BOYS & GIRLS CLUBS OF THE
CAPITAL AREA
BY: _______________________________
Approved as to form:
Date: _________________________
_________________________________
Richard T. Morrissey
Corporation Counsel
RES60
RESOLUTION APPOINTING ALYSSA MCCLENAGHAN TO
THE BOARD OF ASSESSMENT REVIEW OF THE CITY OF TROY
WHEREAS, Alyssa McClenaghan, residing at 7 Parmenter Avenue, Troy, New York, desires to
serve the City of Troy and its property owners as a member of the Board of Assessment Review
and possesses the credentials to serve with competence, diligence, and dedication; and
WHEREAS, Ms. McClenaghan will fill the unexpired term of Dan McCarthy, and it is the sense
of this Legislative Body that Alyssa McClenaghan should be appointed to fill this vacancy.
NOW, THEREFORE, BE IT RESOLVED, that Alyssa McClenaghan is hereby appointed to
the Board of Assessment Review pursuant to Section 523 of the Real Property Tax Law to serve
the unexpired term of Dan McCarthy, commencing immediately and expiring on September 30,
2024.
Approved as to form, ___________________ , 2023
__________________________________________
Richard T. Morrissey, Corporation Counsel
RES60
Alyssa McClenaghan, MFA &
Licensed Real Estate Salesperson
Lori Schindler Real Estate Team at Howard Hanna Real Estate Services
Education:
2016 Brooklyn College, Master of Fine Arts, Summa Cum Laude
2014 State University of New York at Albany, Bachelor of Arts, Summa Cum Laude
2010 Hudson Valley Community College, Associate of Science
Affiliations:
Howard Hanna Real Estate Services, formerly RealtyUSA 2016 - Present
Lori Schindler Realty Company (licensed 2009, part time until 2016) 2009 - 2016
Exhibiting Artist 2013-Present
Qualification Summary:
Extensive experience in all phases of real estate
Full time REALTOR® since 2016 with $24.3 million and 131 units sold to date (2016-2023)
• Residential, commercial and new construction sales, representing sellers, buyers, investors and
tenants.
• Conducting valuations, managing sale process from listing to closing and property management.
• Skilled negotiator with extensive market awareness and understanding of financing options.
• Creative and innovative approach to developing marketing strategies customized to need.
• Consistent top producer recognized for sales & marketing excellence.
• Well versed in tax grievance cases for clients, and in addressing appraisal issues with banks on
behalf of clients.
Long term public facing/customer service positions including:
Food service work as a bartender, waitress, and waitress manager at various local restaurants
• Manory’s, Troy NY- Front of house checkout 2002-2003
• Pizza Plus, Wynantskill NY- Front of house checkout 2004-2005
• LaBella’s Pizza, Wynantskill NY- Salad Maker/Front of house orders 2005-2008
• LaBella’s Pizza, Wynantskill NY- Waitress 2008-2013
• The Troy Country Club Troy, NY- Waitress, Bartender, Waitress Manager, 2010-2012
• The Ale House, Troy NY- Waitress, Bartender 2008- Present
RES60
Alyssa McClenaghan, MFA &
Licensed Real Estate Salesperson
Lori Schindler Real Estate Team at Howard Hanna Real Estate Services
Exhibiting Artist (Please contact for full Exhibition Resume)
• Exhibited in 38 Group shows throughout the US and Canada
• Has had 3 solo exhibitions and 1 two person exhibition
• Has been represented in several Art Fairs
• Awarded 4 Artist in residence programs including residencies at Mass MoCa
• Work has been featured in 3 Artist books, several interviews, and a podcast
• Work is held in several private collections and one Foundation
Professional Development:
Committed to continuing professional development. Have successfully completed numerous
programs, courses, and workshops on various real estate issues including appraisal, property
valuation, negotiation, market trend analysis, marketing, ethics and law.
Professional Affiliations:
• Member National Association of REALTORS®
• Member NYS Association of REALTORS®
• Member Greater Capital Association of REALTORS®
• Member Global NY MULTIPLE LISTING SERVICE
RES62
RESOLUTION AUTHORIZING A FRIENDSHIP CITY RELATIONSHIP BETWEEN
THE CITY OF TROY, NEW YORK, AND THE CITY/TOWN OF
MARTAKERT IN THE REPUBLIC OF ARTSAKH
WHEREAS, in 1956, President Eisenhower inaugurated the now defunct "People-to-People"
program to enhance international friendship and understanding between the people of the United
States and other nations through the medium of direct personal contact; and
WHEREAS, the objectives of a Friendship City program similarly include promotion of
international friendship and understanding through the establishment of relationships with cities
in distant lands; and
WHEREAS, a Friendship City program may include the exchange of cultural, educational, and
professional resources of each city and communication to share common problems and solutions
to daily city activities; and
WHEREAS, Friendship City relationships may include the exchange of correspondence
between mayors, members of the City Council, and other community leaders regarding areas of
mutual municipal interest; and
WHEREAS, the City of Troy desires to form a Friendship City relationship with the City/Town
of Martakert in the Republic of Artsakh in the disputed region of Nagorno-Karabakh in territory
currently controlled by Azerbaijan; and
WHEREAS, the City of Troy desires to engage in a critical exchange of ideas to support
Martakert and to further economic stability, cultural preservation, and strong social ties in
Artsakh.
NOW, THEREFORE, BE IT RESOLVED, that the City Council hereby authorizes the
establishment of a Friendship City relationship between the City of Troy, New York, and the
City/Town of Martakert.
Approved as to form,_____________________, 2023
____________________________________________
Richard T. Morrissey, Corporation Counsel
RES 63
RESOLUTION CALLING UPON GOVERNOR KATHY HOCHUL TO ENSURE THAT
THE MATERNITY WARD OF THE SAMARITAN HOSPITAL REMAINS OPEN AND
CONTINUES TO PROVIDE VITAL BIRTH AND MATERNITY SERVICES
WHEREAS, recent news reports indicate that Trinity Health and St. Peters Health Partners are
proposing to close the Samaritan Hospital Maternity Ward; and
WHEREAS, the Samaritan Hospital Maternity Ward is the only maternity ward in the City of
Troy and Rensselaer County; and
WHEREAS, City and County officials are deeply concerned that this proposed closure will have
severe adverse consequences for mothers and newborn babies in the City and County, and
diminish the overall quality of healthcare in the region; and
WHEREAS, according to the National Center for Health Statistics, deaths due to maternal
conditions and complications have now reached their highest level since 1965, making the U.S.
the most dangerous place among high-income countries to give birth; and
WHEREAS, the maternal mortality rate among black women was 2.6 times higher than the rate
for white women in 2021, and black women disproportionately made up 30% of maternal deaths
in the population; and
WHEREAS, the proposed closure would force residents to travel substantially greater distances
to other counties for maternity services, creating great hardships, especially for those with
minimal or reduced resources; and
WHEREAS, the proposed closure would place the Troy and Rensselaer County families and
residents who require these essential health services in needless jeopardy, diminish the quantity
and quality of available maternity care, and place additional burdens on the City’s emergency
responders; and
WHEREAS, the proposed closure will need New York State Department of Health approval;
and
WHEREAS, the Governor oversees the Department of Health.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Troy hereby
calls upon Governor Kathy Hochul to immediately take all reasonable steps to ensure that the
Samaritan Hospital Maternity Ward remains open and continues to provide maternity and birth
care services to the residents of Troy and Rensselaer County.
Approved as to form, _____________________, 2023
___________________________________________
Richard T. Morrissey, Corporation Counsel
RES64
RESOLUTION AUTHORIZING THE MAYOR TO ENTER INTO A MEMORANDUM
OF UNDERSTANDING WITH THE CAPITAL DISTRICT TRANSPORTATION
AUTHORITY REGARDING INFRASTRUCTURE COST SHARING AND PROJECT
IMPLEMENTATION FOR CONSTRUCTION OF THE
LIBERTY SQUARE MOBILITY HUB
WHEREAS, in cooperation with the City Planning Department, the Capital District
Transportation Authority (CDTA) has planned and designed the Liberty Square Mobility Hub as
part of the Little Italy Project, which the Council previously has approved; and
WHEREAS, because the City will derive a substantial benefit from the work to be
performed on the Mobility Hub by CDTA, it is appropriate to waive the usual permitting fees;
and
WHEREAS, CDTA and the City of Troy desire to continue in partnership, to allocate
their respective responsibilities, and to complete this Project for the benefit of residents and
visitors to the City.
NOW, THEREFORE, BE IT RESOLVED, that the Troy City Council hereby
authorizes the Mayor to enter into a Memorandum of Understanding with CDTA, substantially in
conformity with the agreement attached hereto, subject to such revision and inclusion of terms,
conditions, and provisions as may be required and approved by Corporation Counsel for the
protection of the City and the public; and
BE IT FURTHER RESOLVED, that the Troy City Council hereby waives the
permitting fees that would be applicable to CDTA for this Project.
Approved as to form, ____________________, 2023
Richard T. Morrissey, Corporation Counsel
RES64
WM. Patrick Madden Steven Strichman
Mayor Commissioner of Planning &
Economic Development
Christopher Nolin
Deputy Mayor Department of Steven.Strichman@troyny.gov
Planning & Economic Development
City Hall
433 River Street
Troy, New York 12180
To: City Council
From: Steven Strichman
Date: June 9, 2023
Re: Liberty Square Mobility Hub –
CDTA MOU
The Mobility Hub, a collaboration with
CDTA formerly discussed, is ready to kick
off, with work performed by CDTA. CDTA
is providing a number of services and
improvements for this project, and it is
important to approve the attached M.O.U. at the special City Council meeting on June 22 following the
finance committee meeting, so that work is still able to commence this summer.
The Troy work in the attached MOU is either already underway (CDBG) or already designed by
CDTA, or planned for CHIPs funding.
I would like to ask that we waive their permitting fees and agree to the items in this M.O.U. which
supports the Little Italy project.
Version 3.0 Drafted May 2023
RES64
MEMORANDUM OF UNDERSTANDING (MOU)
BETWEEN
THE CAPITAL DISTRICT TRANSPORTATION AUTHORITY
AND THE CITY OF TROY, NEW YORK
REGARDING INFRASTRUCTURE COST SHARING AND PROJECT IMPLEMENTATION
FOR THE HILL STREET MOBILITY HUB AND
ASSOCIATED PEDESTRIAN AND TRANSIT IMPROVEMENTS
THIS AGREEMENT is made between the CAPITAL DISTRICT TRANSPORTATION AUTHORITY (hereinafter
“CDTA”) and the City of Troy (hereinafter “TROY”).
WHEREAS, CDTA and TROY believe creating walkable, transit-oriented environments will improve the health and
quality of life within communities, while also improving their economic vitality. Both entities understand the
connection between public transit, shared-mobility (e.g., bikeshare, carshare), and walking—as every user of these
mobility options starts and ends their trip as a pedestrian; and
WHEREAS, CDTA and TROY have successfully worked together in the past to provide enhanced pedestrian
infrastructure and transit service for communities along the Hudson River; and
WHEREAS, CDTA wishes to make transit and mobility improvements (also known as a Mobility Hub) within the
vicinity of the existing planted triangle and street space at 1-7 Hill Street, near the intersections of Hill Street, Liberty
Street, and 4th Street, with improved transit amenities, shared-mobility options, placemaking with public realm
elements, and enhanced pedestrian crossings of adjacent roadways; and
WHEREAS, TROY is currently planning sidewalk rehabilitation and/or construction work and roadway resurfacing
in the vicinity of the intersections of Hill St, Liberty St and 4th St that would complement the Mobility Hub; and
WHEREAS, TROY has agreed to cover the cost of an upgrade to the existing traffic signal at Liberty and 4th Streets
(herein referred to as “the Signal”) to support the equipment needed to install pedestrian push button and countdown
timers, improve pedestrian safety and mobility; and
WHEREAS, CDTA and TROY recognizing the mutual benefits from the investments of the work above, support the
construction of said transit and mobility infrastructure, pedestrian and safety enhancements hereby referred to as “the
Project.”
THEREFORE, both parties mutually agree to proceed as follows with the Project:
1) CDTA will cover the costs for the construction of the following Project elements (see attachment for project
responsibility – blue area indicating CDTA’s portion):
a. Transit amenities: bus shelter, snowmelt pads (heated sidewalks), seating, signage, concrete bus pad
b. Shared-mobility: bike-share docking station
c. Public realm elements: landscaping (trees, bushes), hardscaping (sidewalk, curbing, pavers, drainage
structures, etc.), street furniture
d. Additional Mobility Hub elements: Electric Vehicle Charging station, signage, and parking space
markings
e. Construction administration and inspection of the Project
2) Troy will oversee the costs and construction for the following Project elements (see attachment for project
responsibility – pink area indicating Troy’s portion):
a. Traffic signal upgrade: poles, conduit, controllers, cabinets, pedestrian signals
Version 3.0 Drafted May 2023
RES64
b. Pedestrian infrastructure: curb ramps and ADA upgrades at the adjacent intersection corners
(northwest, southwest and southeast corners of 4th and Liberty), new or reconstructed sidewalk
adjacent to and abutting the project, and stripping of crosswalks
c. Signage not included in the Troy project such as changed parking regulations along the east side of
4th Street and along Liberty Street
d. Traffic analysis and memo considering one-way conversions of Liberty St to eastbound between
Hill St and 5th Ave, and Hill St to one-way southbound between Liberty and Washington St.
i. Note: the traffic analysis and memo (d) were reimbursed by the City to CDTA in March 2023.
3) TROY will bare full responsibility for the cost and construction management of these elements outside of the
mobility hub; the project estimate for the Troy portion is $375,200. TROY will be responsible for covering
the cost of the bid amount or up to $375,200, whichever is less. CDTA will cover the difference if the bid
amount should exceed the project estimate.
4) TROY will waive any permit fees associated with the Hill Street Mobility Hub project.
5) CDTA will pay for the design services to prepare drawings with DOT item numbers and specifications for
Project elements listed in item 1 and 2, excluding sidewalk already being designed by TROY under other
planned work, where it doesn’t conflict with the limits of the Project.
6) CDTA will own and maintain the following, at the agency’s discretion:
a. Transit amenities: bus shelter, seating, signage
b. Shared-mobility: bike-share docking station
c. Additional Mobility Hub elements: Electric Vehicle Charging station
d. Electrical cabinet needed to power transit related items above
7) TROY will own and maintain the following:
a. Traffic signal, pedestrian signal pole, and associated equipment
b. Public realm elements: landscaping (trees, bushes), hardscaping (curbing, pavers, etc.), street
furniture
c. All other infrastructure typically owned and maintained by the local municipality, such as the
roadway, sidewalks, snowmelt pads (heated sidewalks), curb, curb ramps and ADA upgrades,
drainage structures, streetlights, traffic control and curb regulation signs, trash collection, etc.
8) CDTA will be the Project Sponsor for items listed under item 1. The Project Sponsor will procure
contractors and manage the construction. TROY will construct the items 2 via their current 4th Street
construction project.
9) TROY shall be responsible for construction costs associated with the TROY related improvements. Any field
adjustments or change orders that result in an increase in cost for TROY shall be TROY’s sole responsibility.
CAPITAL DISTRICT
TRANSPORTATION AUTHORITY
CITY OF TROY
By __________________________
By __________________________
Carm Basile, CEO
Patrick Madden
Dated: _______________________
Dated: _______________________
Version 3.0 Drafted May 2023
Attachment: Project plan with annotation on responsibility
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