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City Council

Regular Meeting

Troy, NY · April 3, 2025

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Minutes

Minutes of the TROY CITY COUNCIL Finance Meeting April 3rd, 2025 6:00 P.M. The meeting was called to order at 6:04 p.m. by Council President Steele. Roll Call: The roll being called, the following answered to their names: Council Member Keal, Council Member Brosnan, Council Member Spain-McLaren, Council Member Vera, Council Member Sorriento, Council Member Casey, Council President Steele, Chair. In attendance were Mayor Carmella Mantello, Deputy Mayor Seamus Donnelly, Acting Corporation Counsel Richard Morrissey, and Approximately 25 members of the public attended. Public Forum: -Eric Wisher -Noreen Mckee -Stephen Maples -James Rath -Casey Allen -Roddy Yagan -John Kain -Jazelle Laura 17. Ordinance Amending The Capital Projects Fund Budget (Council Member Casey) (At The Request Of The Administration) Ordinance passed 4 ayes, 3 nos (Steele, Spain-McLaren, Vera) 0 abstentions 0 absent 31. Resolution Of The City Council Of The City Of Troy Authorizing The Execution Of A Payment-In-Lieu Of Taxes (“Pilot”) Agreement By And Among The City Of Troy, Taylor 2 Housing Development Fund Corporation, And Taylor II LLC (Council Member Casey, Council Member Vera) (At The Request Of The Administration) Brosnan made a motion to change the per unit fee to $300 with a 3% annual increase, motion passed 4 ayes, 2 nos (Vera, Spain-McLaren) 1 abstention, Resolution passed 6 ayes, 0 nos, 1 abstention (Steele). 0 absent 32. Resolution Ratifying The Memorandum Of Agreement By And Between The City Of Troy And The Command Officers Association Of Troy, United Public Service Employees Union, And Authorizing The Mayor To Execute The Agreement (Council President Steele, Council Member Casey) (At The Request Of The Administration) Resolution passed 6 ayes, 1 no,(Vera) 0 abstentions. 0 absent 1 33. Bond Resolution Of The City Of Troy, New York, Authorizing The Issuance Of $2,500,000 Additional Serial Bonds To Finance The Reconstruction Of A Swimming Pool In Knickerbacker Park (Council Member Casey (At The Request Of The Administration) Resolution passed 7 ayes, 0 nos, 0 abstentions. 0 absent 34. Resolution Authorizing The Mayor To Enter Into A Single Source Agreement With Roc Leasing LLC And Cyncon Equipment Inc. For The Lease Purchase Of A 2024 Flusher Truck (Council President Steele, Council Member Casey) (At The Request Of The Administration) Resolution passed 7 ayes, 0 nos, 0 abstentions. 0 absent 35. Resolution Authorizing The Mayor To Enter Into An Employment Agreement With The Deputy Chief Of The Troy Police Department On Behalf Of The City (Council Member Casey (At The Request Of The Administration) Resolution passed 7 ayes, 0 nos, 0 abstentions. 0 absent 36. Resolution Authorizing The City Council To Open A Public Comment Period On The City Of Troy’s (2025-2029) Five-Year Consolidated Action Plan And The (2025-2026) Annual One Year Action Plan (Council President Steele, Council Member Casey) (At The Request Of The Administration) Resolution passed 7 ayes, 0 nos, 0 abstentions. 0 absent 37. Resolution Proclaiming April 2025 As Autism Acceptance Month In The City Of Troy (Council Member Casey, Council Member Spain-McLaren, Council President Steele, Council Member Vera, Council Member Keal, Council Member Brosnan, Council Member Sorriento) (At The Request Of The Administration) Resolution passed 7 ayes, 0 nos, 0 abstentions. 0 absent Adjournment The meeting adjourned at 7:50 p.m. A video recording of this meeting is on file at the City Clerk's office. 2

Agenda

TROY CITY COUNCIL FINANCE MEETING AGENDA April 3rd, 2025 6:00 P.M. Pledge of Allegiance Roll Call Public Forum THA Presentation Presentation of Agenda ORDINANCES 17. Ordinance Amending The Capital Projects Fund Budget (Council Member Casey) (At The Request Of The Administration) RESOLUTIONS 31. Resolution Of The City Council Of The City Of Troy Authorizing The Execution Of A Payment-In-Lieu Of Taxes (“Pilot”) Agreement By And Among The City Of Troy, Taylor 2 Housing Development Fund Corporation, And Taylor II LLC (Council Member Casey, Council Member Vera) (At The Request Of The Administration) 32. Resolution Ratifying The Memorandum Of Agreement By And Between The City Of Troy And The Command Officers Association Of Troy, United Public Service Employees Union, And Authorizing The Mayor To Execute The Agreement (Council President Steele, Council Member Casey) (At The Request Of The Administration) 33. Bond Resolution Of The City Of Troy, New York, Authorizing The Issuance Of $2,500,000 Additional Serial Bonds To Finance The Reconstruction Of A Swimming Pool In Knickerbacker Park (Council Member Casey (At The Request Of The Administration) 34. Resolution Authorizing The Mayor To Enter Into A Single Source Agreement With Roc Leasing LLC And Cyncon Equipment Inc. For The Lease Purchase Of A 2024 Flusher Truck (Council President Steele, Council Member Casey) (At The Request Of The Administration) 35. Resolution Authorizing The Mayor To Enter Into An Employment Agreement With The Deputy Chief Of The Troy Police Department On Behalf Of The City (Council Member Casey (At The Request Of The Administration) 36. Resolution Authorizing The City Council To Open A Public Comment Period On The City Of Troy’s (2025-2029) Five-Year Consolidated Action Plan And The (2025-2026) Annual One Year Action Plan (Council President Steele, Council Member Casey) (At The Request Of The Administration) 1 37. Resolution Proclaiming April 2025 As Autism Acceptance Month In The City Of Troy (Council Member Casey, Council Member Spain-McLaren) (At The Request Of The Administration) 2 ORD17 ORDINANCE AMENDING THE CAPITAL PROJECTS FUND BUDGET The City of Troy, convened in City Council, ordains as follows: Section 1. The City of Troy budget is herein amended as set forth in Schedule A entitled: 2025 Budget Amendment – Congress & Ferry Street which is attached hereto and made a part hereof Section 2. This Ordinance shall take effect immediately. Approved as to form ____________________, 2025 Richard T. Morrissey, Acting Corporation Counsel ORD17 Carmella Mantello Jack Krokos Mayor City Comptroller Seamus Donnelly Deputy Mayor Office of the Comptroller City Hall 433 River Street Troy, New York 12180 Date: March 24, 2025 To: Troy City Council From: Jack Krokos, City Comptroller Gabrielle Mahoney, City Treasurer Re: 2025 Budget Amendment(s) – April 2025 City Council Meeting This Ordinance amends the Congress & Ferry Street capital project appropriation. Additional funding was approved by the Troy City Council pursuant to Resolution 97 and Resolution 98 approved by the City Council on May 23, 2024. This Ordinance appropriates the monies pursuant to the supplemental agreement for federal, state, and local share of revenues and BAN proceeds in addition to the total expenditures. Schedule A 2025 Budget Amendment – Congress & Ferry Street Original Change Revised Department Account No. Description Budget* (+/-) Budget Revenues Congress & Ferry Street H.5000.3597.0452.0000 State Aid 0.00 196,200.00 196,200.00 Congress & Ferry Street H.5000.4597.0452.0000 Federal Aid 454,400.00 1,046,400.00 1,500,800.00 Congress & Ferry Street H.0000.5731.0452.0000 BANs Redeemed 113,600.00 500,000.00 613,600.00 Total Capital Projects Fund Budget Revenue Increase (Decrease) 1,742,600.00 Expenditures Congress & Ferry Street H.5197.0204.0452.0000 Facility Upgrades 568,000.00 1,742,600.00 2,310,600.00 Total Capital Projects Fund Budget Expenditure Increase (Decrease) 1,742,600.00 Net Impact On Capital Projects Fund 0.00 * Or as previously amended RES31 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TROY AUTHORIZING THE EXECUTION OF A PAYMENT-IN-LIEU OF TAXES (“PILOT”) AGREEMENT BY AND AMONG THE CITY OF TROY, TAYLOR 2 HOUSING DEVELOPMENT FUND CORPORATION, AND TAYLOR II LLC WHEREAS, the City of Troy, New York (the “City”), desires to encourage a sufficient supply of adequate, safe, and sanitary dwelling accommodations properly planned for persons with low income; and WHEREAS, the Troy Housing Authority (“THA”) owns and intends to rehabilitate or redevelop certain low-income housing projects in the City of Troy, County of Rensselaer, State of New York, including land and structures commonly known as the John P. Taylor Apartments Buildings 3 & 4, at 125 River Street in the City (Section 100.68, Block 1, Lot 1, (Lots 1./1, 1./3 & 1./4)), and such ancillary land adjacent thereto as may be required (the “Land”), to provide adequate, safe, and sanitary low-income housing in accordance with THA’s mission; and WHEREAS, in furtherance of its mission, (a) THA will sponsor the formation of the Taylor 2 Housing Development Fund Corporation (the “HDFC”), as a New York not-for-profit corporation to be established pursuant to Article XI of the New York Private Housing Finance Law (the “PHFL”), and (b) THA will sponsor the formation of Taylor II LLC (the “LLC”), as a New York limited liability company (the “Company”), for the purpose of redeveloping a housing project for persons of low and moderate income, the project to consist of: (i) the acquisition of leasehold title to the Land; (ii) the demolition of the John P. Taylor Apartments Buildings 3 & 4; and (iii) the construction of a new, highly efficient building containing 250 units of housing for persons of low income, 62 residential rental units for persons between 90% and 130% of area median income, and related improvements to be known as John P. Taylor Phase II (collectively, the “Project”); and WHEREAS, THA desires to proceed to rehabilitate or redevelop the Project with the HDFC and the Company; and WHEREAS, the HDFC and Company have been, or will be, formed for the purpose of providing residential rental accommodations for families and persons of low-income; and WHEREAS, the HDFC will acquire leasehold title to the Land, as nominee for the Company, and will convey its equitable and beneficial leasehold interests in the Land to the Company in furtherance of the development of the Project; and WHEREAS, the use of the Land by the HDFC and the Company for the Project shall constitute a “housing project” as that term is defined in the PHFL; and WHEREAS, the HDFC will be organized as a “housing development fund company” as the term is defined in Section 572 of the PHFL; and WHEREAS, under Section 577 of the PHFL, the City Council may exempt the real property in a Project of an HDFC from local and municipal taxes including school taxes, other RES31 than assessments for local improvements, to the extent of all or part of the value of the property included in the completed Project; and WHEREAS, the HDFC or another affiliate of the Troy Housing Authority is, or will be, on the commencement date of the PILOT Agreement contemplated herein, a direct or indirect member of the LLC or direct or indirect member of the managing member of the LLC; and WHEREAS, the HDFC and the Company are willing to enter into an Agreement with the City for Payment in Lieu of Taxes (the “PILOT Agreement”) substantially in the form attached hereto as Exhibit A, whereby the HDFC and the Company will make annual payments in lieu of taxes to the City as set forth in the PILOT Agreement presented herewith to the City Council for approval. NOW THEREFORE, BE IT RESOLVED, that the City Council hereby exempts the Land of the Project from real property taxes to the maximum extent authorized by Section 577 of the PHFL and approves the proposed form of the PILOT Agreement by and among the City, the HDFC, and the Company, in substantially the form presented and attached hereto as Exhibit A, providing for annual payments as set forth therein; and BE IT FURTHER RESOLVED, that the aforesaid exemption from real property taxes shall be effective as set forth in the PILOT Agreement upon the date of the HDFC’s acquisition of leasehold title to the Land of the Project, and shall continue for a period of thirty (30) years from the Company’s completion of the Project as evidenced by the City’s issuance of a letter of completion for the Project, or for such longer period as the Property continues to be subject to a regulatory agreement with the New York State Housing Finance Agency but in no event to exceed forty (40) years as provided under Section 577 of the PHFL; and BE IT FURTHER RESOLVED, that the City Council hereby authorizes the Mayor to execute and deliver a PILOT Agreement as approved herein, the agreement to be in substantial conformity with the agreement attached hereto, subject to review and revision by Corporation Counsel, with such terms, conditions, and provisions as Corporation Counsel may require for the protection of the City and the public; and BE IT FURTHER RESOLVED, that this Resolution shall take effect immediately. Approved as to form, ____________________, 2025 _________________________________________ Richard T. Morrissey, Acting Corporation Counsel RES31 EXHIBIT A Form PILOT Agreement [attached] RES31 Administrative Offices One Eddy’s Lane Troy, NY 12180 Phone: (518) 273-3600 Fax: (518) 274-6633 Serving The Community Since 1944 MEMORANDUM OF SUPPORT To: Administration and City Council of the City of Troy From: Deborah Witkowski, Executive Director, Troy Housing Authority / Date: March 4, 2025 Re: Support for Payment-In-Lieu of Tax (“PILOT”) Agreement for Taylor 2 Redevelopment Project The Troy Housing Authority (“THA”) is redeveloping and/or rehabilitating various affordable and mixed income housing projects in the City of Troy, County of Rensselaer, State of New York. Currently or within the next few years, THA in collaboration with its development partners, intends to complete the preservation, redevelopment, and/or rehabilitation of several projects within the City of Troy including Taylor I, Taylor Phase 2, Griswold Heights, Grand Street Apartments, Edward A. Kane Apartments, Corliss Park Apartments, Catherine M. Sweeney Apartments, Margaret W. Phelan Apartments, Arnold Fallon Apartments, and Conway Court Apartments. The Projects previously were converted from federal public housing operating assistance under Section 9 of the United States Housing Act of 1937, as amended (the “Act”) to Section 8 Project Based Voucher assistance under the U.S. Department of Housing and Urban Development (“HUD”) Rental Assistance Demonstration (“RAD”) program. The RAD program ensures the Projects are maintained as affordable and operated in accordance with federal HUD and RAD requirements. As THA preserves, redevelops, and rehabilitates its Projects and properties with low-income housing tax credits and tax-exempt bond financing available from the New York State Housing Finance Agency, and other available funding sources, THA’s projects transition from paying NO property taxes to making payments in lieu of taxes (“PILOT”). The City of Troy (“City”) and the City Council previously approved PILOT Agreements for THA projects known as: Kennedy Towers, Martin Luther King, Jr. I, Martin Luther King, Jr. II, John P. Taylor Apartments Phase I, Griswold Heights, and THA Bundle 2 (Margaret Phelan, Catherine Sweeney, Grand Street, and Corliss Park) apartments. THA is now ready to redevelop the Taylor 2 site and is therefore seeking the City Council’s approval of a PILOT Agreement necessary to make THA's continued housing efforts finance-able and to ensure the long-term preservation, feasibility, and improvement of affordable and mixed income projects in the City of Troy. Additionally, PILOT Agreements are essential to THA’s ability to continue its mission of providing decent, safe, and sanitary housing for the City’s moderate to low-income families. The proposed PILOT Agreement for Taylor 2 remains consistent with the PILOT Agreements previously approved for the other THA projects. . APARTMENTS UNDER MANAGEMENT: Conway Court ♦ Corliss Park ♦ Arnold E. Fallon Grand Street♦ Griswold Heights ♦ Edward A. Kane ♦ John F. Kennedy ♦ Martin Luther King Margaret W. Phelan ♦ Catherine M. Sweeney ♦ John P. Taylor ♦ Section 8 Rental Assistance RES31 Accordingly, pursuant to Section 577 of the Private Housing Finance Law of the State of New York (the “PHFL”) and consistent with prior THA redevelopment efforts, THA respectfully requests that the City Council exempt from local and municipal taxes, other than assessments for local improvements, one hundred percent (100%) of the value of Taylor 2 (formerly John P. Taylor Building 3 & 4) and to include both the land and the improvements in the Project. In lieu of local and municipal taxes, THA requests that the City Council approve the Taylor 2 proposed PILOT Agreement (as attached to the City Council Resolution) to be entered into in conjunction with the closing of the Project’s rehabilitation/redevelopment financing. RES31 AGREEMENT FOR PAYMENT IN LIEU OF TAXES (PILOT) BY AND AMONG THE CITY OF TROY, TAYLOR 2 HOUSING DEVELOPMENT FUND CORPORATION AND TAYLOR II LLC THIS AGREEMENT FOR PAYMENT IN LIEU OF TAXES (the “Agreement”), dated _________, 2025, by and among the CITY OF TROY, NEW YORK, a New York incorporated municipality, having its principal office located at 433 River Street, Troy, New York 12180 (the “City”), TAYLOR 2 HOUSING DEVELOPMENT FUND CORPORATION, a New York not- for-profit corporation formed pursuant to Article XI of the Private Housing Finance Law of the State of New York (the “PHFL”), having its principal office located at c/o Troy Housing Authority, One Eddy’s Lane, Troy, New York 12180 (the “HDFC”), which HDFC will hold title to the Property (as hereinafter defined) for the benefit of TAYLOR II LLC, a New York limited liability company, having its principal office located at 230 Wyoming Avenue, Kingston, Pennsylvania 18704 (the “LLC”). WHEREAS, the HDFC is, or will become, the nominal leasehold legal or record owner, and the LLC is, or will become, the beneficial and equitable leasehold owner, of certain real property located in the City of Troy, County of Rensselaer, State of New York, as more particularly described in Exhibit A attached hereto and incorporated herein by reference (the “Property”); WHEREAS, the HDFC is a corporation established pursuant to Section 402 of the Not-For-Profit Corporation Law and Article XI of the PHFL; WHEREAS, the LLC has been, and the HDFC has been or will be, formed for the purpose of providing residential rental accommodations for persons of low-income; WHEREAS, the LLC and HDFC will enter into a long-term lease with the Troy Housing Authority (“THA”) pursuant to which the LLC will lease, develop, own, rehabilitate, construct, maintain and operate a housing project for persons of low and moderate income at the Property, anticipated to consist of 250 residential rental units for persons of low income, 62 residential rental units for persons between 90% and 130% of area median income, and related improvements to be known as John P. Taylor Apartments Phase II (the “Project”); WHEREAS, the HDFC’s and the LLC’s plan for the use of the Property constitutes a “housing project” as that term is defined in the PHFL; WHEREAS, the HDFC is, or will be, a “housing development fund company” as the term is defined in Section 572 of the PHFL; WHEREAS, pursuant to PHFL Section 577, the local legislative body of a municipality may exempt the real property of a housing project of a housing development fund company from local and municipal taxes, including school taxes, other than assessments for local improvements, to the extent of all or a part of the value of the property included in the completed project; and WHEREAS, the City Council of the City of Troy, New York, by Resolution No. ___ adopted __________________, 2025, approved and authorized the execution of this Agreement. 4873-8482-1198, v. 7 RES31 NOW, THEREFORE, it is agreed as follows: 1. Pursuant to Section 577 of the PHFL, the City hereby exempts from local and municipal taxes, other than assessments for local improvements, one hundred percent (100%) of the value of the Property, including both the land and the improvements included in the Project. “Local and Municipal Taxes” shall mean any and all real estate taxes levied by Rensselaer County (“County”), the City of Troy (“City”), the Troy City School District (“School District”) or other affected taxing jurisdiction ( as defined in Subdivision 1 (b) of Section 577 of the PHFL) which has jurisdiction over the Property (collectively, the “Taxing Jurisdictions”), and intending to bind the applicable Taxing Jurisdictions to the fullest extent provided under Section 577 of the PHFL. 2. This tax exemption will commence on the date of the HDFC’s acquisition of leasehold title to the Property and shall continue for a period of thirty (30) years from the LLC’s completion of the Project (as evidenced by the City’s issuance of a certificate of occupancy for the Project) or for such longer period as the Property continues to be subject to a regulatory agreement with the New York State Housing Finance Agency (“HFA”) but in no event to exceed forty (40) years as provided under Section 577 of the PHFL. This Agreement shall not limit or restrict the HDFC’s or the LLC’s right to apply for or obtain any other tax exemption to which it might be entitled upon the expiration of this Agreement. The parties understand that the exemption extended pursuant to Section 577 of the PHFL and this Agreement does not include exemption from special assessments and special ad valorem levies. During the period of this Agreement, the LLC shall pay any service charges, special ad valorem levies, special assessments and improvement district charges or similar tax equivalents which are or would be levied upon or with respect to the Project by the Taxing Jurisdictions or any other taxing authority. 3. Commencing in the first full year after the issuance of a certificate of occupancy for the Project, and continuing for so long as the exemption hereunder continues, the LLC shall make annual payments in lieu of taxes (“PILOT”) in the amount set forth in this section, which payments shall cover all Local and Municipal Taxes owed in connection with the Property and the Project, and which payments shall be shared by the Taxing Jurisdictions on the same basis as property taxes would be shared if the Property and the Project were fully taxed. The PILOT shall be in the initial amount of Two Hundred Fifty and 00/100 Dollars ($250.00) per dwelling unit per year (prorated for the year in which said certificate of occupancy is issued), which amount shall increase annually by two percent (2%). 4. The tax exemption provided by this Agreement will continue for the term described above provided that the Property and the Project continue to be used as housing facilities for persons of low income and (i) the HDFC and the LLC own and operate the Property and the Project in conformance with Article XI of the PHFL; or (ii) the HDFC assumes sole legal and beneficial ownership of the Property and the Project and operates the Property and the Project in conformance with Article XI of the PHFL; or (iii) in the event an action is brought to foreclose a mortgage upon the HDFC, and the legal and beneficial interest in the Property and the Project shall be acquired at the foreclosure sale or from the mortgagee, or by a conveyance in lieu of such sale, by a housing development fund corporation organized pursuant to Article XI of the PHFL, or by the Federal government or an instrumentality thereof, or by a corporation which is, or by agreement has 4873-8482-1198, v. 7 RES31 become subject to the supervision of the superintendent of banks or the superintendent of insurance, and such successor in interest operates the Property and the Project in conformance with Article XI of the PHFL. 5. The failure to make the required payment when due, which failure continues for forty-five (45) days will be treated as failure to make payment of taxes and will be governed by the same provisions of law as apply to the failure to make payment of taxes, including but not limited to enforcement and collection of taxes to the extent permitted by law. 6. All notices and other communications hereunder shall be in writing and shall be sufficiently given when delivered to the applicable address stated above (or such other address as the party to whom notice is given shall have specified to the party giving notice) by registered or certified mail, return receipt requested or by such other means as shall provide the sender with documentary evidence of such delivery. Notwithstanding anything to the contrary contained herein, the City agrees to provide copies of any notice of any default given by the City to the HDFC and/or the LLC pursuant to the terms of this Agreement to [__________________] (the “Investor”), HFA, and, during any period where its letter of credit in support of the Project remains outstanding, [__________________] (“LOC Bank”) at the respective addresses set forth below (or such other addresses as the Investor, HFA and/or LOC Bank may designate in writing). Investor Notice Address: __________________ __________________ __________________ __________________ Attention: __________ HFA Notice Address: New York State Housing Finance Agency 641 Lexington Avenue New York, New York 10022 Attention: President Finance and Development, Senior Vice President and Counsel LOC Bank Notice Address: __________________ __________________ __________________ __________________ Attention: __________ 4873-8482-1198, v. 7 RES31 Further, the City hereby agrees that each of the Investor, HFA and, during any period where its letter of credit in support of the Project remains outstanding, LOC Bank shall have the right, but not the obligation, to cure any default of the HDFC and/or the LLC under this Agreement within ten (10) business days after the expiration of the cure period provided for such default herein, and that any cure of a default made or tendered by the Investor, HFA and/or LOC Bank shall be deemed to be a cure by the HDFC and/or the LLC and shall be accepted or rejected on the same basis as if made or tendered by the HDFC and/or the LLC, as applicable. 7. This Agreement shall inure to the benefit of and shall be binding upon the City, the LLC, the HDFC and their respective successors and assigns, including the successors in interest of the LLC and the HDFC. There shall be no assignment of this Agreement except with consent of the other party, which consent shall not be unreasonably withheld. 8. If any provision of this Agreement or its application is held invalid or unenforceable to any extent, the remainder of this Agreement and the application of that provision to other persons or circumstances shall be enforced to the greatest extent permitted by law. 9. This Agreement may be executed in any number of counterparts with the same effect as if all the signing parties had signed the same document. All counterparts shall be construed together and shall constitute the same instrument. 10. This Agreement constitutes the entire agreement of the parties relating to payments in lieu of taxes with respect to the Property and supersedes all prior contracts, or agreements, whether oral or written, with respect thereto. 11. Each of the parties individually represents and warrants that the execution, delivery and performance of this Agreement, (i) has been duly authorized and does not require any other consent or approval, (ii) does not violate any article, by-law or organizational document or any law, rule, regulation, order, writ, judgment or decree by which it is bound, and (iii) will not result in or constitute a default under any indenture, credit agreement, or any other agreement or instrument to which any of them is a party. Each party represents that this Agreement shall constitute the legal, valid and binding agreement of the parties enforceable in accordance with its terms. 12. This Agreement shall be governed by and construed in accordance with the laws of the State of New York. 13. Any litigation arising out of this Agreement shall be venued in Rensselaer County Supreme Court or the appropriate federal district court exercising jurisdiction over Rensselaer County. Remainder of page intentionally left blank. 4873-8482-1198, v. 7 RES31 IN WITNESS WHEREOF, the City, the HDFC, and the LLC have caused this Agreement to be executed in their respective names by their duly authorized representatives and their respective seals to be hereunder affixed, all as of the date above-written. CITY: CITY OF TROY, NEW YORK By: _________________________________ Carmella R. Mantello Mayor APPROVED AS TO FORM AND THE AUTHORITY TO EXECUTE ___________________________________ Richard Morrissey, Esq., Corporation Counsel STATE OF NEW YORK ) ) SS.: COUNTY OF RENSSELAER ) On the ____ day of _____________ in the year 2024 before me, the undersigned, a notary public in and for said state, personally appeared Carmella R. Mantello, personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her capacity, and that by her signature on the instrument, the individual, or person upon behalf of which the individual acted, executed the instrument. _________________________________ Notary Public Signatures Continued on Following Page 4873-8482-1198, v. 7 RES31 HDFC: TAYLOR 2 HOUSING DEVELOPMENT FUND CORPORATION By: ____________________________________ Susan J.W. Steele President STATE OF NEW YORK ) ) COUNTY OF RENSSELAER ) On the ___ day of ___________ in the year 2024, before me, the undersigned, personally appeared SUSAN J.W. STEELE, personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her capacity, and that by her signature on the instrument, the individual, or the person upon behalf of which the individual acted executed the instrument. _________________________________ Notary Public Signatures Continued on Following Page 4873-8482-1198, v. 7 RES31 LLC: TAYLOR II LLC, a New York limited liability company By: [Taylor II GP LLC, its Managing Member By: Pennrose NY, LLC, its Managing Member By: Pennrose Holdings, LLC its Managing Member By: __________________________ Name: Timothy I. Henkel Title: President] COMMONWEALTH OF PENNSYLVANIA ) ) COUNTY OF PHILADELPHIA ) On the ___ day of ___________ in the year 2024, before me, the undersigned, personally appeared [TIMOTHY I. HENKEL], personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity, and that by his signature on the instrument, the individual, or the person upon behalf of which the individual acted executed the instrument. _________________________________ Notary Public 4873-8482-1198, v. 7 RES31 EXHIBIT A Description of the Property 4873-8482-1198, v. 7 RES32 RESOLUTION RATIFYING THE MEMORANDUM OF AGREEMENT BY AND BETWEEN THE CITY OF TROY AND THE COMMAND OFFICERS ASSOCIATION OF TROY, UNITED PUBLIC SERVICE EMPLOYEES UNION, AND AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT WHEREAS, the Administration of the City of Troy and the Command Officers Association of Troy, United Public Service Employees Union (“COAT/UPSEU”) have negotiated new provisions to the Collective Bargaining Agreement between the City and the COAT/UPSEU; and WHEREAS, the newly negotiated provisions are embodied in the terms of the Memorandum of Agreement by and between the City of Troy and the COAT/UPSEU (“MOA”), dated March 28, 2025, a true copy of which is attached hereto as Exhibit “A”; and WHEREAS, the MOA shall amend the previously executed Collective Bargaining Agreement, valid from January 1, 2020 through December 31, 2022, and shall be effective upon enactment of this legislation for the period from January 1, 2023 through December 31, 2026; and WHEREAS, the members of the COAT/UPSEU have ratified the MOA and shall be bound by its terms upon ratification by the City Council of the City of Troy and execution of this Resolution by the Mayor. NOW, THEREFORE, BE IT RESOLVED, that the Troy City Council hereby authorizes and ratifies the MOA attached hereto as Exhibit “A”. Approved as to form, ________________________, 2025 _______________________________________________ Richard T. Morrissey, Acting Corporation Counsel RES32 MEMORANDUM IN SUPPORT The COAT/UPSEU represents the Captains in the Troy Police Department. Over several bargaining sessions, the Administration and the COAT/UPSEU negotiated new provisions to the Collective Bargaining Agreement. The new provisions are embodied in the Memorandum of Agreement (“MOA”) attached hereto as Exhibit “A”. The MOA will take effect upon enactment of this ratification resolution and execution by the Mayor. In summary, the MOA covers the years 2023 through 2026, and provides as follows: WAGES – a 3% salary increase for 2023 effective 01/01/23; a 4% salary increase for 2024 effective 01/01/24; a 3% salary increase for 2025 effective 01/01/25; and a 3% salary increase for 2026 effective 01/01/26. Fully retroactive for all members employed during the contract period. ANNUAL STIPENDS – an increase of $2000 retroactive to 01/01/24 to $12,700 and continuing for each year thereafter. LONGEVITY – new (same as PBA) non-retroactive longevity schedule effective January 1, 2025, as follows:: a. 5-9 years of service $ 1,000 b. 10-14 years of service $ 1,400 c. 15-18 years of service $ 1,800 d. 19-24 years of service $ 2,200 e. 25+ years of service $ 2,600 HOLIDAYS – add Juneteenth to the schedule of paid holidays. MEDICARE PART B PREMIUM REIMBURSEMENT – Prospectively from ratification, eight current members and three recent retirees (all of whom are named in the MOA), and their spouses, will be eligible for annual reimbursement of Medicare Part B premiums paid during retirement until the death of the member or retired member. No other retiree or former or future member of COAT or the Bargaining Unit shall be eligible for this reimbursement benefit, and it shall not be retroactive. The amount of the annual reimbursement shall be no more than the amount calculated by using the standard monthly premium rate in effect for the year for which the reimbursement is sought ($185 per person per month in 2025), or the amount actually paid, whichever is less. The City shall not be liable to reimburse any other charges for Medicare Part B coverage, including without limitation any penalty (e.g., late enrollment penalty), any income-related monthly adjustment amount for high-income beneficiaries, or any annual deductible paid for Medicare Part B coverage. The parties have expressly agreed that providing this reimbursement benefit to the named individuals and their spouses shall not constitute a binding precedent or past practice of any kind and shall not be deemed a past policy of the City. Also, Medicare Part B premium reimbursement shall not be a form of deferred compensation earned during employment, nor shall it be a component of the City’s health insurance plan for employees or retirees, except for the specified individuals (and their spouses). RES32 207-c POLICY – COAT has agreed to the same 207-c Policy as PBA for duty related injuries. CAMERA RECORDING POLICY - COAT has agreed to the same Body Worn Camera Policy as PBA. The Agreement is a fair and comprehensive labor contract. The Administration recommends that the Council approve and ratify it. RES32 MEMORANDIIM OF AGREEMENT BY AND BETWEEN THE CITY OF TROY AND TIIE COMMAND OFFICERS ASSOCIATION OF TROY (COAT) / THE UMTED PUBLIC SERVICE EMPLOYEES UNION (UPSEU) WHEREAS, the parties have met and negotiated the terms of a successor Collective Bargaining Agreement. NOW, THEREFOR-E, the January 1, 2020 through December 31,2022 Collective Bargaining Agreement by and between the parties shall be modified as set forth below. All other provisions shalI remain unchanged. 1 . The term of this Memorandum of Agreement shall extend for four (4) years, from January 1,2023 through December 31,2026. 2. Salaries of COAT members shall be increased as follows, shall be fully retroactive, and shall be paid to all bargaining unit members who worked in the position of Captain during the period covered by this Memorandum of Agreement, regardless of whether they have since resigned in good standing or retired: a. 2023 -3.00% b. 2024 -4.00% c. 2025 -3.00% d. 2026 -3.00Yo 3. Annual premium stipends shall be as follows, and the increased stipend shall be retroactive to laluNy 1, 2024'. a. 2023 - $ 10,700 (no increase) b. 2024 -$ 12,700 c. 2025 -$ 12,700 d.2026 -$12,700 4. Effective January 1,2025, the longevity schedule shall be amended and replaced with the following schedule and shall not be retroactive: a. 5-9 years of service $ 1,000 b. 10-14 years ofservice $ 1,400 c. l5-18 years of service $ 1,800 d. 19-24 years ofservice $ 2,200 e. 25+ years ofservice $ 2,600 5 All retroactive payments shall be made by the city within forty-five (45) days of the later of ratification of this Agreement by coAT or final approval by the Troy city iouncil. 6 Effective January 1, 2025, Article XIrr Holidays, shall be amended to add Juneteenth to the schedule ofpaid holidays. RES32 7. Medicare Part B Reimbursement Effective upon ratification of this Memorandum of Agreement by COAT and by the City Council, the following named members and retired members, and their spouses, shall be eligible for annual reimbursement of Medicare Part B premiums actually paid after the effective date hereof (i.e., after final ratification) and during retirement until the death ofthe member or retired member. a. Adam Mason b. Matthew Montanino c. Mary Magnetto d. Stephen Seney e. John Becker f. Thomas Bevevino g. Shane Kiley h. Brandon Cipperly i. Ray White j. Anthony Conyers k. Jude Baker This agreement for Medicare Part B premium reimbursement and the performance hereof shall be strictly limited to the terms recited and the individuals named herein (and their spouses until the death of the member or retired member). No other retiree or former or future member of COAT or the Bargaining Unit shall be eligible for this reimbursement benefit, and it shall not be retroactive. The City shall only be liable to reimburse the individuals named herein (and their spouses) the amount calculated by using the standard monthly premium rate in effect for the year for which the reimbursement is sought, or the amount actually paid, whichever is less. The standard monthly premium rate may change from year to year. But for example, in2025, the standard monthly premium rate per beneficiary is $185.00 per month and is based on a modif-red adjusted gross income less than or equal to $106,000 for individual filers, and $212,000 forjoint filers. The City shall not be liable to reimburse any other charges for Medicare Part B coverage, including without limitation any penalty (e.g., late enrollment penalty), any income-related monthly adjustment amount for high-income beneficiaries, or any annual deductible paid for Medicare Part B coverage. The City and COAT agree that providing this reimbursement benefit to the individuals named above, and their spouses, shall not constitute a binding precedent or past practice of any kind and shall not be deemed a past policy ofthe city. Medicare Part B premium reimbursement shall not be a form of deferred compensation earned during employment, nor shall it be a component ofthe city's health insurance plan for employees or retirees, except for the individuals (and their spouses) as specified herein. This agreement for Medicare Part B premium reimbursement shall not be admissible or used at any time in any forum for interpreting any other part or provision ofthe collective Bargaining Agreement or to prove a past practice or precedent or for any pulpose except to enforce its express terms. 2 RES32 In order for an employee identified herein (and their spouse) to be eligible to receive this reimbursement benefit, the employee must be retired from the City of Troy. Retirement from the City shall mean and require that a covered individual ceases service with the City ofTroy after having acquired suffrcient service credits (i.e., 20 years ofservice with the City ofTroy) to qualifu to receive pension benefits from the New York State Retirement System from which he or she is eligible to receive pension benefits, or after being adjudged eligible to receive a disability retirement benefit from such system. The City will, in the future, reimburse the individuals named herein and their spouses annually for Medicare Part B premiums paid or withheld in the previous calendar year during the respective retiree's lifetime. Such annual reimbursement shall be no more than the amount calculated by using the standard monthly premium rate in effect for the year for which the reimbursement is sought, or the amount actually paid, whichever is less. In order to be reimbursed, the retiree (and/or his/her spouse) will provide to the City proofof payment or withholding in the form of a govemment document such as an SSA-1099 form or other sufficient proof ("proof of payment"). The retiree (and/or his/her spouse) will then be reimbursed in the calendar year in which the City receives the proofofpayment (i.e., the calendar year after payment or withholding). This agreement for Medicare Part B premium reimbursement was made in April 2025 in contemplation of the Medicare progr.lm as constituted and existing at that time. If the Medicare program is changed thereafter in a manner that causes a substantial unforeseen detriment to the City or the retired members, then the parties and the affected individuals shall meet and confer to adjust this agreement for Medicare Part B premium reimbursement equitably. Ifthey do not agree, then either party may submit the matter to binding arbitration in accordance with the Voluntary Grievance Arbitration Rules ofProcedure ofthe Public Employment Relations Board of the State of New York. The selected arbitrator, if he or she finds a change in the Medicare program that causes a substantial unforeseen detriment to the City or the retired members, shall be charged with making an equitable adjustment of this agreement for Medicare Part B premium reimbursement. Each party shall be responsible lor one halfofthe fees and costs ofthe arbitrator. 8. Add a new Article entitled "General Municipal Law Section 207-c,, as set forth in Exhibit "A" which is annexed hereto, made a part hereof, and incorporated herein by reference. This General Municipal Law Section 207-c Policy shall become effective upon the later of ratification of this Agreement by COAT or final approval by the City Council. 9. The Camera Recording Policy which is annexed hereto, made a part hereof, and incorporated herein by reference as Exhibit "B", is agreed to by the parties and will be implemented after ratification of this Agreement. The parties agree that the provisions of the following sections of the Camera Recording policy, as theyapply to COAT bargaining unit members, shall not be changed or modified to a written agreement of the parties: "*""p1-pr.ruurt a. Article V, paragraphs D, E, F, G, H, I, J, K, L, M, N, O, p, e, R, and S; , RES32 b. Article VI, paragraphs C and D; c. Article VII. 10. This Agreement is subject to ratification by the Command Officers Association of Troy and the City Council of the City of Troy. IT IS AGREED BY AND BETWEEN THE PARTIES THAT ANY PROVISION OF THIS AGREEMENT REQUIRING LEGISLATIVE ACTION TO PERMIT ITS IMPLEMENTATION, BY AMENDMENT OF LAW OR BY PROVIDING THE ADDITIONAL FUNDS THEREFOR, SHALL NOT BECOME EFFECTIVE UNTIL THE APPROPRIATE LEGISLATIVE BODY HAS GIVENAPPROVAL Date: CITY OF TROY, NEW YORK By: Carmella R. Mantello, Mayor '41 Date: 03 A) LTNITED PLIBLIC SERVICE EMPI,OYF,ES T-INION t Bv: T ln Labor Relations Representative Date: oi 1,"{ a5 COMMAND OFFICERS ASSOCIATION OF TROY By, l,Lk*4,-t n,,- Adam Mason, Unit President 4 RES33 BOND RESOLUTION OF THE CITY OF TROY, NEW YORK, AUTHORIZING THE ISSUANCE OF $2,500,000 ADDITIONAL SERIAL BONDS TO FINANCE THE RECONSTRUCTION OF A SWIMMING POOL IN KNICKERBACKER PARK WHEREAS, the City Council of the City of Troy, New York (the “City”) on November 29, 2018 adopted Bond Resolution #116 of 2018 entitled “BOND RESOLUTION OF THE CITY OF TROY, NEW YORK, AUTHORIZING THE ISSUANCE OF $3,800,000 SERIAL BONDS TO FINANCE THE RECONSTRUCTION OF A SWIMMING POOL IN KNICKERBACKER PARK” (the “Original Resolution”); and WHEREAS, the City Council wishes to (i) authorize the expenditure and appropriation of additional funds in connection with reconstruction and improvement of the swimming pool in Knickerbacker Park, including original equipment, machinery, furnishings, apparatus, appurtenances and incidental improvements and expenses in connection therewith; and (ii) authorize the issuance of additional serial bonds of the City to finance a portion of such additional appropriation; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Troy, New York (the “City”) as follows: Section 1. The City is hereby authorized to undertake reconstruction and improvement of the swimming pool in Knickerbacker Park, including original equipment, machinery, furnishings, apparatus, appurtenances and incidental improvements and expenses in connection therewith, at an estimated maximum cost of $8,300,000, constituting an increase of $4,500,000. Section 2. The plan for financing of such new maximum authorized cost of $8,300,000 shall be as follows: (a) by the issuance of $3,800,000 Serial Bonds of the City heretofore authorized to be issued pursuant to the Original Resolution; (b) by the expenditure of American Rescue Plan Act (the “ARPA”) funds in the amount of $2,000,000; and (c) by the issuance of an additional $2,500,000 of Serial Bonds (the “Bonds”) of the City authorized to be issued pursuant to this resolution. Section 3. It is hereby determined that the period of probable usefulness of the aforesaid specific object or purpose is fifteen (15) years pursuant to paragraph 61 of Section 11.00(a) of the Local Finance Law provided, however, that the maximum maturity of the Bonds authorized here shall be computed from the date of issuance of the Bonds or the first bond anticipation note issued in anticipation of the Bonds or the serial bonds or bond anticipation notes authorized pursuant to the Original Resolution, whichever date is earlier. RES33 Section 4. Pursuant to Section 107.00(d)(9) of the Local Finance Law, current funds are not required to be provided prior to issuance of the Bonds or any bond anticipation notes issued in anticipation of issuance of the Bonds. Section 5. The temporary use of available funds of the City, not immediately required for the purpose or purposes for which the same were borrowed, raised or otherwise created, is hereby authorized pursuant to Section 165.10 of the Local Finance Law, for the capital purposes described in Section 1 of this resolution. Section 6. The Bonds and any bond anticipation notes issued in anticipation of the Bonds, shall contain the recital of validity prescribed by Section 52.00 of the Local Finance Law and the Bonds, and any bond anticipation notes issued in anticipation of the Bonds, shall be general obligations of the City, payable as to both principal and interest by a general tax upon all the real property within the City without legal or constitutional limitation as to rate or amount. The faith and credit of the City are hereby irrevocably pledged to the punctual payment of the principal of and interest on the Bonds, and any bond anticipation notes issued in anticipation of the Bonds, and provision shall be made annually in the budget of the City by appropriation for (a) the amortization and redemption of the Bonds and bond anticipation notes to mature in such year, and (b) the payment of interest to be due and payable in such year. Section 7. Subject to the provisions of this resolution and of the Local Finance Law, and pursuant to the provisions of Sections 21.00, 30.00, 50.00 and 56.00 to 63.00, inclusive, of the Local Finance Law, the power to authorize the issuance of and to sell bond anticipation notes in anticipation of the issuance and sale of the Bonds herein authorized, including renewals of such notes, and the power to prescribe the terms, form and contents of the Bonds, and any bond anticipation notes, and the power to sell and deliver the Bonds and any bond anticipation notes issued in anticipation of the issuance of the Bonds, and the power to issue bonds providing for level or substantially level or declining annual debt service, is hereby delegated to the City Comptroller, the Chief Fiscal Officer of the City. Section 8. This resolution is intended to constitute the declaration of the City’s “official intent” to reimburse the expenditures authorized by this resolution with the proceeds of the Bonds and bond anticipation notes authorized herein, as required by United States Treasury Department Regulation Section 1.150-2. Section 9. The serial bonds and bond anticipation notes authorized to be issued by this resolution are hereby authorized to be consolidated, at the option of the City Comptroller, the Chief Fiscal Officer, with the serial bonds and bond anticipation notes authorized by other bond resolutions previously or heretofore adopted by the City Council for purposes of sale in to one or more bond or note issues aggregating an amount not to exceed the amount authorized in such resolutions. All matters regarding the sale of the bonds, including the dated date of the bonds, the use of electronic bidding, the consolidation of the serial bonds and the bond anticipation notes with other issues of the City and the serial maturities of the bonds are hereby delegated to the City Comptroller, the Chief Fiscal Officer of the City. RES33 Section 10. Any federal or New York State grant funds received for the specific purposes described in Section 1 of this resolution shall be applied to pay the principal or interest on the Bonds or any bond anticipation notes issued in anticipation of the Bonds or to the extent obligations shall not have been issued under this resolution, to reduce the maximum amount to be borrowed for such capital purposes. Section 11. The validity of the Bonds authorized by this resolution and of any bond anticipation notes issued in anticipation of the Bonds may be contested only if: (a) such obligations are authorized for an object or purpose for which the City is not authorized to expend money; or (b) the provisions of law which should be complied with at the date of the publication of this resolution or a summary hereof are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty (20) days after the date of such publication; or (c) such obligations are authorized in violation of the provisions of the Constitution. Section 12. The City Comptroller, as Chief Fiscal Officer of the City, is hereby authorized to enter into an undertaking for the benefit of the holders of the Bonds from time to time, and any bond anticipation notes issued in anticipation of the sale of the Bonds, requiring the City to provide secondary market disclosure as required by Securities and Exchange Commission Rule 15c2-12, as amended. Section 13. In the absence of the Comptroller, the Deputy Comptroller is hereby specifically authorized to exercise the powers delegated to the Comptroller in this Resolution. Section 14. This resolution, or a summary of this resolution, shall be published in the official newspapers of the City for such purpose, together with a notice of the Clerk of the City in substantially the form provided in Section 81.00 of the Local Finance Law. Section 15. This resolution is not subject to a mandatory or permissive referendum. Section 16. The Council hereby determines that the provisions of the State Environmental Quality Review Act and the regulations thereunder have previously been satisfied with respect to the expenditures authorized by this resolution. RES33 Section 17. This resolution shall take effect immediately upon its adoption. Approved as to form, ________________________, 2025 _______________________________________________ Richard T. Morrissey, Acting Corporation Counsel RES33 CITY OF TROY Knickerbacker Pool Funding Total Bond Authorization Needed: Remaining Project Cost $ 7,100 Available Funding Sources: American Rescue Plan Act (ARPA) Funds <2,000> Remaining 2018 Bond Authorization <3,300> Shortfall 1,800 Cushion 700 Additional Bond Authorization Needed 2,500 2018 Bond Resolution 3,800 Total Bond Authorization 6,300 Total Project Cost: Initial Expenditures 500 Remaining Cost 7,100 Cushion 700 Total Cost 8,300 Sources of Funds: ARPA 2,000 Original Bond Authorization 3,800 Additional Bond Authorization 2,500 Total Funding 8,300 RES34 RESOLUTION AUTHORIZING THE MAYOR TO ENTER INTO A SINGLE SOURCE AGREEMENT WITH ROC LEASING LLC AND CYNCON EQUIPMENT INC. FOR THE LEASE PURCHASE OF A 2024 FLUSHER TRUCK WHEREAS, the City of Troy Office of Geneal Services Bureau of Streets needs to replace its 22 year old flusher truck, a piece of equipment which is an integral part of the street cleaning process; and WHEREAS, the City has only been able to locate one vendor, Cyncon Equipment, Inc., who has a flusher truck that it is willing to transfer to the City; and WHEREAS, Cyncon has proposed a lease installment agreement for a period of 7 years at a cost of $32,884.24 annually, $186,348.00 total (principal and interest) with an option to purchase the truck at the end of the lease for $1.00. NOW, THEREFORE, BE IT RESOLVED, that the Troy City Council hereby authorizes the Mayor to enter into a contractual agreement with the ROC Leasing, LLC, and Cyncon Equipment, Inc., as a single source for the procurement by lease purchase agreement of a new 2024 flusher truck for the Bureau of Streets, the material terms of the agreement to be in substantial conformance with the terms and quote attached hereto, subject to further review and approval by Corporation Counsel, with such further contractual documents, terms, conditions, and provisions as Corporation Counsel may require for the protection of the City and the public. Approved as to form, ________________________, 2025 Richard T. Morrissey, Acting Corporation Counsel RES34 MEMORANDUM INSUPPORT Date: March 27, 2025 To: Nancy Piskutz, Purchasing Agent; All City Council Members From: Joseph Mazzariello Re: Single Source Procurement – Cyncon Equipment, Inc. After 22 years of operation, the City’s only flusher truck has outlived its useful life and continues to operate only due to the creativity of our DPW mechanics. It will not be serviceable much longer. As we enter the beginning months of spring and prime street cleaning season approaches, the City must procure a new flusher truck for our street cleaning operations. Without a flusher truck, the City’s street sweepers will not operate efficiently or at full potential. The City has contacted numerous vendors, including H.L Gage, Allegiance, and Tracey Road Equipment in an effort to survey the market and to determine whether any vendors have a flusher truck readily available for sale. Despite these efforts, we have been able to locate only one vendor, Cyncon Equipment, Inc., who has a flusher truck that it is willing to transfer to the City. Cyncon has proposed a lease installment agreement for a period of 7 years at a cost of $32,884.24 annually, $186,348.00 total (principal and interest) with an option to purchase the truck at the end of the lease for $1.00. Because of the general unavailability of this type of vehicle from other vendors and because of the City’s immediate need for a new flusher truck to replace the old one that may fail at any time, bid procurement is impractical in the circumstances. Cyncon would likely win the bid anyway but with needless delay. Therefore, I am requesting that the procurement of a new flusher truck from Cyncon be single source, and that the Council authorize the 7 year lease installment purchase arrangement as provided under General Municipal Law section 109-b. RES34 1900 Empire Blvd. suite 249 Webster, NY 14580 Phone: (585) 419-7914 RealLease.com March 28, 2025 Chris Hart City of Troy 433 River St. Troy, NY 12180 ROC Leasing LLC dba Real Lease is pleased to present the following Municipal Lease Rental Proposal for The City of Troy. The terms and provisions are subject to Lessor’s cost and availability of funds, acceptance and approval of management of Lessor and are pursuant to the following terms and conditions. Lessee City of Troy Vendor Cyncon Equipment, Inc. Leased Equipment 2024 Flusher Truck Leased Equipment Cost $186,348.00 Term Seven (7) Annual Payments of $32,884.24 in arrears Municipal Rate 5.57% End of Lease Purchase $1.00 Rate Expiration: The above quotes are floating and will be adjusted in conjunction with the then corresponding U.S. Treasury Instruments as published in the Wall Street Journal. The Lease Agreement will provide for fixed lease payments for the term. .Rate good till April 27, 2025 We appreciate the opportunity to provide this proposal for your upcoming equipment needs. Please call our office at (585) 419-7914 with any questions. Sincerely, Ross Kroll Ross Kroll. Partner Executive Vice President RES34 Premier Municipal and Truck Equipment Since 1978 City of Troy Public Works 433 River St Troy NY 12180 Chris Hart March 28, 2025 QUOTE Cyncon Equipment, Inc. is pleased to provide our quote for the following equipment: Quote CurryWater 4000 gallon. Model: CW4. Capacity: 4,000 US gallons. Dimensions: 198" long x 96" wide x 64.75" tall. Tank shell: A36 steel Tank ends: A36 steel, domed with flange. Tear pad: A36 steel Tank baffles: (2) A36 steel w/ 20" crawl hole. Tank runners: A36 steel, formed angle style, full length. Tank shape: Modified ellipse, large radius corners. Man-way: 24"round man-way, mesh lift out grate, no lid Fill pipe: 2-1/2" pipe, ball valve, and cam groove coupler. Ladder: Rear mounted, pipe construction, anti-slip rungs. Fenders: A36 steel, spray lined finish, black only, trough style tray. Level indicator. Media blasted. Primer base. Topcoat white. Interior coated. On-Road Water- Water System. 4x3 water pump. Shaft Driven and all required plumbing and fittings. On-Road Water Creek Fill Suction, No primer pump. Front Spray Bar. (2) front spray valves and nozzles individually controlled spray bar assembly, steel construction. On-Road Water Side Spray (1) Spray valve and nozzle, individually controlled, driver side. On-Road Water Rear Spray (2) Spray valves and nozzles, individually controlled spray bar assembly, steel construction. On-Road Water Hose Reel. Manual rewind hose reel, 50' x 1-1/2" hose, Firemans nozzle end mounted on rear bumper assembly 9 1 CW-TP On-Road Water Tank Parts. Tie down hardware and misc parts Incandescent lights (standard) FMVSS/DOT compliant. Sealed wire harness Highway Safety Kit. - FIRE EXT. VEHICLE,5BC, 2LB. 10 Person ANSI First Aid. Roadside Emergency Warning Triangle. 2-1/2" x 50' Water Truck Hydrant Hose. 3/4" & 1-1/2" ball valve, driver side front of tank. Back Up Camera Installed. PTO Installed. Chassis Info ASCE 2024 INTE HV607 D AB 58K Total Delivered $ 186,348.00 Immediate availability, contingent to prior sale • Quotes remain in effect for thirty (30) days from the date issued above. Thank you for the opportunity to supply your equipment needs. As always, please contact me with any questions. Kindest regards, Mike Kane Sales Representative Cyncon Equipment, Inc. 7494 West Henrietta Road, Rush, New York 14543 PH: 585-533-2500 FAX: 585-533-2501 1-800-429-6266 RES35 RESOLUTION AUTHORIZING THE MAYOR TO ENTER INTO AN EMPLOYMENT AGREEMENT WITH THE DEPUTY CHIEF OF THE TROY POLICE DEPARTMENT ON BEHALF OF THE CITY WHEREAS, the position of Deputy Chief of Police in the Troy Police Department is a salaried, managerial title not included in any bargaining unit in the City government and not subject to any collective bargaining agreement; and WHEREAS, the City of Troy and the Deputy Police Chief have successfully negotiated an individual Employment Agreement establishing the terms and conditions of his employment for the period of January 1, 2025, to December 31, 2025; and WHEREAS, the Employment Agreement requires City Council approval. NOW, THEREFORE, BE IT RESOLVED, the Troy City Council hereby authorizes the Mayor to execute an Employment Agreement with the Deputy Chief of Police of the Troy Police Department on behalf of the City of Troy in substantially the form of the Agreement attached hereto, and hereby ratifies the terms thereof. Approved as to form ____________________, 2025 ________________________________________ Richard T. Morrissey, Acting Corporation Counsel RES35 MEMO IN SUPPORT The Chief, Deputy Chief, and Assistant Chief of the Troy Police Department are all non- represented employees not subject to any collective bargaining agreement. The terms of their employment are governed by individual employment contracts negotiated with the Administration. This legislation authorizes the Mayor to enter into an employment contract negotiated with Deputy Police Chief Christopher Kehn and ratifies the terms of employment for his position as set forth in the Employment Agreement. Consistent with previous contracts with the Chiefs, the terms of the proposed contract mirror in most respects the benefits accorded to Captains in the Department. The salary for a Chief officer is based on several factors including: the pay/benefit scale of comparable positions in the area, the historical rate of pay for these positions in the City of Troy, and the spread between these positions and the pay scale of their subordinates. Each contract is personal to the individual signatory of the contract and does not enure to the benefit of his or her successors. Chief Kehn plans on retiring from City service this year. His base salary for 2025 will remain the same as it was in 2024, $154,033. Otherwise, there are only two material changes from the prior contract. First, five weeks of his eight week vacation entitlement have been converted to a stipend in the amount of $14,754, and his vacation entitlement has been reduced to fifteen working days. Secondly, we have agreed to afford Chief Kehn Medicare Part B premium reimbursement in retirement on the same terms as the Captains named in the most recent COAT agreement. The term of this contract is for the period of January 1, 2025, through December 31, 2025. The Employment Agreement for Christopher Kehn as Deputy Chief of Police is attached hereto. RES35 Employment Agreement 1. Agreement. This Agreement (“the Agreement”) establishes the terms and conditions of employment for the Deputy Chief of Police (the “Deputy Chief”) of the City of Troy (the “City”). The terms of the Agreement shall be effective upon approval of an authorizing Resolution of the Troy City Council. 2. Duties. The Deputy Chief shall work under the supervision and control of the Mayor and the Chief of Police. 3. Salary. In consideration of the Deputy Chief’s services to the City, the Deputy Chief will receive an annual base salary of $154,033.00 in 2025. The annual base salary for 2025 did not increase and remained the same as the salary in 2024. The Deputy Chief is a salaried managerial professional exempt from the payment of overtime except as may otherwise be provided herein. 4. Stipend. In addition to the aforementioned base salary, the Deputy Chief will receive a stipend in the amount of fourteen thousand seven hundred fifty four dollars ($14,754.00) for 2025, said amount shall be payable on January 31, 2025. 5. Health Insurance. The City shall offer health insurance to the Deputy Chief. The health insurance plan offered shall be the City of Troy health insurance plan as may be amended from time to time. The designation of the City of Troy plan shall not limit the City in providing health insurance benefits through any other carrier or through any other means, including self-insurance, to the Deputy Chief. The Deputy Chief may select a single or family plan as applicable. a. The Deputy Chief, if hired as an employee for the City prior to January 27, 1999, shall be entitled to health insurance in the same plan (Traditional Blue PPO 898 Plan) or a plan that is substantially equivalent without contribution to the cost of the annual health insurance premium. If the Deputy Chief was hired as an employee for the City on or after January 27, 1999, the Deputy Chief shall contribute by payroll deduction each month twenty percent (20%) of the cost of the annual premium equivalent established for either single or family coverage selected in the same plan (Traditional Blue PPO 898 Plan) or a plan that is substantially equivalent. The plan of benefits and respective premium contributions rates, (0% and 20%), set forth in this provision will remain throughout employment and retirement, except that if the Deputy Chief contributes twenty percent (20%) of the cost of the annual premium equivalent during employment, the Deputy Chief’s rate of contribution shall be ten percent (10%) during retirement. 1 RES35 b. Medical co-payments applicable to the Deputy Chief are as follows: i. Emergency Care: Emergency Room visit copay shall be $100. ii. Doctor’s office visit: Copays for office visits; pediatrics; internal medicine; family practice; specialists shall be $25. iii. Out-patient surgery: Out-patient surgery copay shall be $100. iv. Prescription Copays: • Copayments for Generic prescriptions shall be $10. • Copayments for Brand prescriptions shall be $25. • Copayments for non-preferred prescriptions shall be $45. c. Upon retirement from the City and after the completion of fifteen (15) years of service with the City, the Deputy Chief will receive health insurance coverage as described herein and in accordance with the Agreement: i. The designation of the City of Troy health insurance plan shall not limit the City in providing health insurance benefits to the Deputy Chief through any other carrier or through any other means, including self- insurance, if the Deputy Chief retires from the City as defined hereinafter. ii. The Deputy Chief may select a single or family plan, as may be applicable, prior to enrollment in Medicare. iii. The Deputy Chief and his or her spouse must enroll in Medicare when eligible and shall be responsible for any and all costs associated with enrollment and/or participation in Medicare in order to receive benefits from the City during retirement. iv. The City may enroll the Deputy Chief and his or her spouse in a Medicare Advantage plan or other plan upon his or her enrollment in Medicare. v. “Retirement from the City” shall be defined as and requires that the Deputy Chief receive pension benefits from the New York State Police and Fire Retirement System (or other New York State retirement system from which the Deputy Chief is eligible to receive pension benefits) immediately upon ceasing City service. vi. The City agrees that it shall pay the cost of the monthly premium/premium equivalent for health insurance (single or family, as may be applicable) for the spouse of the Deputy Chief upon the Deputy Chief's death after retirement or if the Deputy Chief is killed in the line of 2 RES35 duty with the City. The City’s obligation to provide continued coverage to the spouse of the Deputy Chief shall automatically terminate: (1) upon the spouse’s enrollment in Medicare, which enrollment is required at earliest eligibility and an essential obligation of the spouse in order to receive this benefit; (2) upon the spouse getting remarried; or (3) upon the spouse otherwise being covered by any other health insurance, whichever is earliest. Provided the spouse remains eligible for coverage as described herein, the City will provide the spouse of the Deputy Chief with a Medicare Advantage plan or other plan upon his or her enrollment in Medicare. d. Notwithstanding paragraph 4(c)(iii) of this Agreement, in the event the City agrees in writing to reimburse Medicare Part B premiums paid by former employees above the rank of Sergeant in the Police Department, the City agrees to reimburse Medicare Part B premiums paid by the Deputy Chief at the same amount and in the same manner. See Paragraph 5 (e) following. e. Medicare Part B Premium Reimbursement - the City has agreed in writing to reimburse Medicare Part B premiums paid by certain named employees and former employees (and their spouses) above the rank of Sergeant in the Police Department, in an agreement with the Command Officers Association of Troy (“COAT”), dated April_____, 2025, which is attached hereto as Exhibit “A”. Accordingly, the City will reimburse Medicare Part B premiums paid by the Deputy Chief and his spouse at the same amount and in the same manner during the Deputy Chief’s retirement until his death. This reimbursement benefit shall be strictly limited to the applicable terms and provisions of the COAT reimbursement benefit as recited in the attached Exhibit “A”. The amount of the annual reimbursement shall be no more than the amount calculated by using the standard monthly premium rate in effect for the year for which the reimbursement is sought (e.g., $185 per beneficiary per month in 2025), or the amount actually paid, whichever is less. The City shall not be liable to reimburse any other charges for Medicare Part B coverage, including without limitation any penalty (e.g., late enrollment penalty), any income-related monthly adjustment amount for high-income beneficiaries, or any annual deductible paid for Medicare Part B coverage. 6. Dental Insurance. The City shall offer dental insurance to the Deputy Chief. The dental plan offered shall be the City of Troy dental insurance plan as may be amended from time to time. The designation of the City of Troy dental plan shall not limit the City in providing dental insurance benefits through any other carrier or through any other means, including self-insurance, to personnel covered by this Policy. The Deputy Chief may select a single or family plan as applicable. 3 RES35 a. The Deputy Chief shall receive dental insurance coverage at no cost, exclusive of all co-pays, coinsurance, or deductible requirements set forth in the plan in which the Deputy Chief enrolls. b. There shall be a $2,000.00 annual cap on benefits for all covered dental work. c. Upon retirement from the City and after the completion of fifteen (15) years of service with the City, the Deputy Chief shall receive dental insurance in accordance with the Agreement. i. The dental insurance plan offered shall be the City of Troy dental insurance plan as may be amended from time to time. The designation of the City of Troy dental insurance plan shall not limit the City in providing benefits through any other carrier or through any other means, including self-insurance, to the Deputy Chief if he or she retires from the City as defined hereinafter. ii. The Deputy Chief may select a single or family plan as applicable. iii. The City will pay 50% of the premium for dental coverage. iv. The Deputy Chief will be responsible for meeting the coinsurance and deductible requirements set forth in the plan in which the Deputy Chief enrolls. v. There shall be a $2,000.00 annual cap on benefits for all covered dental work. vi. “Retirement from the City” shall be defined as and requires that the Deputy Chief receive pension benefits from the New York State Police and Fire Retirement System (or other New York State retirement system from which the Deputy Chief is eligible to receive pension benefits) immediately upon ceasing City service. 7. Vacation Leave. Vacation leave is authorized absence from duty with pay. In 2025, the Deputy Chief shall be allowed vacation leave of 15 work days without regard to the number of months worked in 2025. a. The Deputy Chief shall receive credit for a month worked for every month in which the Deputy Chief worked or received wages for a minimum of fifteen (15) working days. Time lost by the Deputy Chief by reason of absence without pay shall not be considered in computing earned credit for vacation leave. 4 RES35 b. All credits for months earned shall be computed from the date of appointment as an employee of the City of Troy. The Deputy Chief may accumulate leave credits for future use up to a maximum of forty (40) workdays. c. Vacation leave schedules shall be prepared so as to ensure the continued operation of all City functions without interference and approved by the Chief of Police and/or the Mayor. d. The Deputy Chief shall be entitled to compensation for unused vacation leave in any of the following instances: a. The Deputy Chief gives at least thirty (30) days written notice regarding termination of his employment with the City. b. The Deputy Chief is placed on indefinite layoff. e. The Deputy Chief may sell back to the City up to ten (10) days of unused earned vacation leave each calendar year. The Deputy Chief must notify the City in writing of his intention to do so on or before November 1st. The City shall make payment on or before December 15th of the same year. 8. Sick Leave. The Deputy Chief shall be allowed time off for illness without limitation. The Deputy Chief is required to notify the Chief of Police and/or the Mayor of any absence and the reason therefor on the first day of the absence. It is expected that notice shall be given as soon as possible. a. Whenever the Deputy Chief is reported sick or disabled, it shall be the duty of the police surgeon or other medical professional utilized by the City to inquire into the Deputy Chief's condition as soon as possible. If in the surgeon’s or medical professional’s judgment, the Deputy Chief is unable to perform his or her duties or requires the attention of a physician, the surgeon or medical professional shall issue a certificate addressed to the Chief of Police and/or the Mayor relieving the Deputy Chief from duty. b. Nothing in this provision shall limit the City’s exercise or enforcement of its rights under law with respect to the Deputy Chief if he or she is unable to work as a result of illness or injury not caused by the performance of police duties. c. If the Deputy Chief is unable to perform his or her duties due to a job-related injury or illness, the Deputy Chief shall, during such absence from duty, continue to receive all benefits under the Agreement to which the Deputy Chief would otherwise be entitled. 5 RES35 9. Bereavement Leave. The Deputy Chief shall be granted five (5) scheduled work days with pay due to death in his immediate family. The term “immediate family” shall include natural parents, foster parents, step parents, grandparents, children, grandchildren, brothers, sisters, spouse, domestic partner, father in law, mother in law, or any relative residing in the individual’s household, which leave shall not be cumulative. 10. Military Leave. If the Deputy Chief is a member of the armed forces, the Deputy Chief shall be eligible for such benefits or leave as may apply to him or her in accordance with the provisions of applicable law. 11. Holidays. The Deputy Chief shall receive a day’s pay for the following holidays: New Year's Day Independence Day M.L. King Day Labor Day Lincoln's Birthday Columbus Day Washington's Birthday Veteran's Day Election Day Thanksgiving Day Memorial Day Christmas Day Deputy Chief's Birthday Should the Deputy Chief actually work on any of the above-listed holidays, the Deputy Chief shall receive up to 8 hours of additional pay, prorated for each hour actually worked. 12. Compensatory Time. The Deputy Chief is a salaried managerial employee and generally not eligible to receive overtime or compensatory time. Notwithstanding this fact and in view of unique circumstances confronting the City at this time, during the term of this contract the Deputy Chief may earn compensatory time for the number of hours worked in each pay period in excess of ninety (90) hours. Compensatory Time shall be earned at the rate of one and one-half (1.5) hours for each hour worked in excess of ninety (90) hours in any given pay period. Accrued unused compensatory time may be cashed out at any time. All accrued compensatory time will be cashed out upon separation of employment if the Deputy Chief gives at least thirty (30) days written notice regarding termination of his or her employment with the City. 13. Longevity. The City will pay a longevity allowance to the Deputy Chief as follows: Length of Service Completed Amount Ten (10) years $1,000.00 Fifteen (15) years $1,200.00 Nineteen (19) years $1,400.00 Twenty-Five (25) years $1,600.00 Twenty-Nine (29) years $2,000.00 6 RES35 Such allowance shall become effective as of the first day of the year when the anniversary date occurs within that year. All longevity payments shall be made in a lump sum on the first day of December each year. 13. Legislative Approvals. The term of the Agreement is from January 1, 2025, through December 31, 2025. The Agreement is subject to approval by the Troy City Council and is intended to be read in pari materia with the Troy City Charter and City Code with respect to any and all terms in the Charter and Code which reference the Deputy Chief’s position. a. The Agreement does not amend, limit, or otherwise change the rights of the City under the City Charter, City Code, or any other applicable rule, regulation, statute, or other authority with respect to the position referenced herein. The City retains all rights, duties, and powers under all applicable law with respect to the position referenced herein. FOR THE EMPLOYEE FOR THE CITY OF TROY By:__________________________ By:______________________________ Christopher Kehn, Deputy Chief Carmella R. Mantello, Mayor Dated: April _____ , 2025 Dated: April ____ , 2025 7 RES36 RESOLUTION AUTHORIZING THE CITY COUNCIL TO OPEN A PUBLIC COMMENT PERIOD ON THE CITY OF TROY’S (2025-2029) FIVE-YEAR CONSOLIDATED ACTION PLAN AND THE (2025-2026) ANNUAL ONE YEAR ACTION PLAN WHEREAS, the City of Troy has prepared the City’s (2025-2029) Five-year Consolidated Action Plan and the (2025-2026) Annual One Year Action Plan (2025-2026) for the U.S. Department of Housing and Urban Development for planning and funding purposes, copies of which can be found on the City’s website; and WHEREAS, the City Council will take all comments received from the public into consideration before the final City Council vote of approval of the (2025-2029) Five-Year Consolidated Action Plan and the One Year Action Plan (2025-2026) takes place on May 1, 2025, at its regular scheduled City Council Meeting. NOW, THEREFORE, the City of Troy City Council, duly convened, does hereby resolve that the City Council will commence the public comment period this day April 3, 2025, at its regular scheduled City Council meeting, hereby allowing all residents to comment in person or in writing to the City Council on the (2025-2029) Five-Year Consolidated Action Plan as well as the One Year Annual Action Plan (2025-2026). Approved as to form ____________________, 2025 ________________________________________ Richard T. Morrissey, Acting Corporation Counsel RES36 Memo In Support This legislation opens the public comment period for the July 1, 2025 – June 30, 2026, program year for the CDBG, ESG and HOME Programs. This Legislation invites comments upon the proposed (2025-2029) Five- Year Consolidated action plan which can be found in the Department of Housing and Community Development at Troy City Hall as well as on the city’s website troyny.gov under the Housing and Community Development Department. It is required by HUD under the program guidelines that the Five-Year Consolidated Action Plan and the One Year Annual Action Plan be passed at the City Council’s May 1, 2025, regular scheduled meeting at 7:00PM in the Troy City Hall’s Council Chambers. No other action is required by the City Council at this time. RES37 RESOLUTION PROCLAIMING APRIL 2025 AS AUTISM ACCEPTANCE MONTH IN THE CITY OF TROY WHEREAS, autism spectrum disorder (ASD) is a complex developmental condition that affects individuals differently, influencing to varying degrees communication skills, behavior, and social interaction, and impacting individuals and families in Troy and across the nation; and WHEREAS, the Centers for Disease Control and Prevention estimate that ASD affects approximately 1 in 36 children and 1 in 45 adults in the United States, creating a need for increased awareness, understanding, and social acceptance; and WHEREAS, ASD affects individuals of all races and ethnicities, but disparities in diagnosis persist due to factors such as gender, stigma, limited access to healthcare, language barriers, and socioeconomic status; and WHEREAS, individuals with autism, as well as those with intellectual, physical, and developmental disabilities, face unique challenges and barriers that require a commitment from our community to ensure inclusivity, accessibility, and equal opportunities for all; and WHEREAS, despite decades of progress, individuals with autism and their families continue to face unmet needs; and WHEREAS, it remains essential to build greater public awareness of the signs, challenges, and realities of autism, while equipping communities with the tools and knowledge needed to foster acceptance and to create inclusive environments at the local, state, and national levels; and WHEREAS, the City of Troy recognizes the importance of breaking down barriers, promoting understanding, and supporting families, caregivers, educators, and advocacy organizations that work tirelessly in the interest of individuals with autism; and WHEREAS, for more than fifty years, National Autism Awareness Month has helped to educate the public and to highlight the experiences and valuable contributions of autistic individuals in order to advocate for their inclusion and support in all areas of life; and WHEREAS, the name shift from Autism Awareness to Autism Acceptance Month reflects a broader effort to not only raise awareness but also to promote understanding, acceptance, and meaningful inclusion of people with autism in society and to advocate RES37 for policies and initiatives that foster the acceptance of individuals with autism in schools, workplaces, and all aspects of community life; and WHEREAS, the City of Troy is committed to fostering an environment where individuals of all abilities can thrive. NOW, THEREFORE, BE IT RESOLVED, that the Troy City Council hereby proclaims April 2025, as Autism Acceptance Month in the City of Troy, in conjunction with National Autism Acceptance Month and World Autism Acceptance Day, April 2, 2025, under the theme of “Celebrating Differences;” and BE IT FURTHER RESOLVED, that the Troy City Council hereby encourages all residents, businesses, and community organizations to participate in activities that promote autism awareness, acceptance, and inclusion in our community. Approved as to form, ________________________, 2025 ___________________________________________ Richard T. Morrissey, Acting Corporation Counsel

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