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City Council

Regular Meeting

Troy, NY · July 10, 2025

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Minutes

Minutes of the TROY CITY COUNCIL Finance Meeting July 10th, 2025 6:30 P.M. The meeting was called to order at 6:31 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, Acting Corporation Counsel Richard Morrissey, and Approximately 10 members of the public attended. Public Forum: - No one came forward 31. Ordinance Authorizing Settlement Of Claim, To Wit: Karen Waltz Vs. The City Of Troy, New York, Supreme Court Of The State Of New York, County Of Rensselaer (Index No.: 2018-260461) (Council President Steele, Council Member Casey) (At The Request Of The Administration) Ordinance passed 7 ayes, 0 nos, 0 abstentions. 0 absent 32. Ordinance Authorizing Settlement Of Claim, To Wit: Samuel Gleason Vs. City Of Troy Et Al., Supreme Court Of The State Of New York, County Of Rensselaer (Index No.: Ef2021-270632) (Council President Steele, Council Member Casey) (At The Request Of The Administration) Ordinance passed 7 ayes, 0 nos, 0 abstentions. 0 absent 33. Ordinance Amending The 2025 Special Revenue Fund Budget To Accept And Appropriate Funds From Rensselaer County Department Of Health For The Purpose Of Administering The Lead Rental Registry Program (Council President Steele, Council Member Casey) (At The Request Of The Administration) Ordinance passed 7 ayes, 0 nos, 0 abstentions. 0 absent 79. Resolution Authorizing The Mayor To Enter Into An Agreement With Rensselaer County For Prevention Of Childhood Lead Poisoning Through Implementation Of A Lead Rental Registry And Proactive Inspections To Identify Lead Hazards (Council President Steele, Council Member Casey) (At The Request Of The Administration) Resolution passed 7 ayes, 0 nos, 0 abstentions. 0 absent 80. Resolution Appointing A Commissioner Of Deeds For The City Of Troy (Council President Steele, Council Member Casey) Resolution passed 7 ayes, 0 nos, 0 abstentions. 0 absent 1 Adjournment The meeting adjourned at 6:48 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 July 10th, 2025 6:30 P.M. Pledge of Allegiance Roll Call Public Forum Presentation of Agenda ORDINANCES 31. Ordinance Authorizing Settlement Of Claim, To Wit: Karen Waltz Vs. The City Of Troy, New York, Supreme Court Of The State Of New York, County Of Rensselaer (Index No.: 2018-260461) (Council President Steele, Council Member Casey) (At The Request Of The Administration) 32. Ordinance Authorizing Settlement Of Claim, To Wit:Samuel Gleason Vs. City Of Troy Et Al., Supreme Court Of The State Of New York, County Of Rensselaer (Index No.: Ef2021-270632) (Council President Steele, Council Member Casey) (At The Request Of The Administration) 33. Ordinance Amending The 2025 Special Revenue Fund Budget To Accept And Appropriate Funds From Rensselaer County Department Of Health For The Purpose Of Administering The Lead Rental Registry Program (Council President Steele, Council Member Casey) (At The Request Of The Administration) RESOLUTIONS 79. Resolution Authorizing The Mayor To Enter Into An Agreement With Rensselaer County For Prevention Of Childhood Lead Poisoning Through Implementation Of A Lead Rental Registry And Proactive Inspections To Identify Lead Hazards (Council President Steele, Council Member Casey) (At The Request Of The Administration) 80. Resolution Appointing A Commissioner Of Deeds For The City Of Troy (Council President Steele, Council Member Casey) 1 ORD31 ORDINANCE AUTHORIZING SETTLEMENT OF CLAIM, TO WIT: KAREN WALTZ VS. THE CITY OF TROY, NEW YORK, SUPREME COURT OF THE STATE OF NEW YORK, COUNTY OF RENSSELAER (INDEX NO.: 2018-260461) The City of Troy, in City Council convened, ordains as follows: Section 1. The plaintiff Karen Waltz commenced the above captioned action for damages sustained when she tripped and fell over a large protruding cleanout pipe, breaking her left arm while walking under the Green Island Bridge. Plaintiff alleges that the City negligently failed to maintain the area in a safe condition for pedestrians, thereby causing her injuries. 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 Memorandum in Support. The Corporation Counsel shall obtain a duly executed Release of all of the plaintiff’s claims against the City and a Stipulation of Discontinuance of the action prior to payment. Section 3. The Comptroller is authorized and directed to make, issue, and countersign the required draft as outlined in the Memorandum in Support, the amount to be payable out of the Judgments and Claims Account. Section 4. This Ordinance shall take effect immediately. Approved as to form, __________________, 2025 _________________________________________ Richard T. Morrissey, Acting Corporation Counsel ORD31 MEMORANDUM IN SUPPORT To: Troy City Council From: Richard T. Morrissey, Acting Corporation Counsel Re: Settlement of Karen Waltz v. The City of Troy, New York, Index No.: 2018-260461 Date: July 1, 2025 According to plaintiff Karen Waltz, she was visiting Troy for the graduation of her son from RPI on May 19, 2017, when she tripped and fell over a large cleanout pipe protruding from the ground under the Green Island Bridge near the east side bridge abutment, breaking her left arm. The cleanout pipe was part of the bridge drainage system and was owned by the State of New York. However, the City had and has a public use permit for the area under the bridge where the pipe was located. At the time of the accident, plaintiff and four other family members had already proceeded north past the pipe structures (there were two of them, one for each side of the bridge) and were returning south toward the Dinosaur Barbecue when plaintiff tripped and fell. Plaintiff alleges that the City negligently failed to maintain the area in a safe condition for pedestrians, thereby causing her injuries. Plaintiff is a physician who resides and practices in Lititz, Pennsylvania. She was treated initially for her left arm fracture at Samaritan Hospital in Troy on the date of the accident. Upon returning to her home on May 21, 2017, she was seen by an orthopedist who performed open reduction surgery and internal fixation of the left elbow and forearm and closed reduction of the left radial head fracture on May 23, 2017, installing a surgical plate and thirteen screws in plaintiff’s left arm. Healing took several months and regular physical therapy. Plaintiff continues to complain of chronic left forearm and elbow pain and weakness. As a result of the accident, plaintiff commenced two personal injury actions, one against the City in the Rensselaer County Supreme Court and the other against the State of New York in the Court of Claims. Records of the case involving the State of New York reveal that a "Stipulation of Conditional Dismissal and Order" was entered on July 21, 2022, dismissing that matter contingent on the outcome of this case. Discovery in this case has revealed that neither the State nor the City was ever given prior notice of defect for the cleanout pipes. The crux of the City's defense in this case is that New York State was solely responsible for the placement, safety, working order, and maintenance of the clean out pipe and surrounding area where plaintiff fell. The City of Troy's 1991 use permit does not change the duty of the State for the maintenance and safety of their own property including the bridge’s drainage and cleanout structures which the City, by the terms of the permit, could in no way alter or change. The State, of course, has taken the position that the City is responsible for any mishaps in the permitted area and must defend and indemnify the State pursuant to the terms of the use permit. Plaintiff alleges that the City created the defect when it installed pavers around the cleanout pipes next to the east bridge abutment, thereby inviting pedestrian traffic. Plaintiff has no direct proof that the City installed the pavers and admits her comparative fault in that the large protruding cleanout pipes were openly visible and obvious to anyone who was looking where they were walking. ORD31 This case has now been litigated for seven years by the Corporation Counsel’s Office and it is still not trial ready. Recently, the parties agreed to a non-binding mediation conducted by Terence P. O'Connor, a highly regarded trial lawyer in the area. At the mediation, plaintiff reduced her damage demand to $275,000, allegedly taking into account her contributory negligence, but that amount was still far more than the $75,000 the City previously had offered. However, after several hours of back and forth, as well as yeoman efforts on the part of the mediator, the parties agreed to a final settlement of $99,500, subject to City Council approval. Throughout this litigation the City has denied any wrongdoing or legal liability and maintains that it did not breach any duty owed to plaintiff. Nevertheless, there are manifest risks associated with proceeding further. Doctor Waltz is a compelling witness who sustained a painful fracture injury that she claims has continued to interfere with her work and enjoyment of life.. A jury might decide that she is worthy of substantially higher damages despite the many complex legal niceties of this case. Although liability is disputable and the settlement amount is more than what the City Council is used to approving in trip and fall cases, there is enough potential in this case for a greater damage award that Corporation Counsel is recommending that the Council authorize the settlement. As usual, the settlement will be contingent on the plaintiff’s execution of a General Release of her claims and a Stipulation of Discontinuance of the action with prejudice. The settlement contains no admission of fault or liability on the part of the City. The decision to settle is strictly a business decision, based on an assessment of litigation risk and expense. While we remain confident that our legal defenses have merit, we do not get to decide if they will prevail. After evaluating the costs and risks of further litigation, including retention of experts and motion practice, as well as the inherent unpredictability of a jury trial, the Corporation Counsel has determined that, in his judgment, the most prudent course is to agree to the settlement terms outlined above. Furthermore, settlement avoids any possibility of further liability for the City as plaintiff is no longer willing or able to pursue her claims against New York State. It is respectfully recommended that the Council approve the settlement. By the terms of the settlement, the case will be discontinued in its entirety and the proceeding will be dismissed with prejudice. There will be no admission of liability or fault on the part of the City, and the City will be released from all further liability upon payment of the agreed sum. 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 move forward toward trial. ORD32 ORDINANCE AUTHORIZING SETTLEMENT OF CLAIM, TO WIT: SAMUEL GLEASON VS. CITY OF TROY ET AL., SUPREME COURT OF THE STATE OF NEW YORK, COUNTY OF RENSSELAER (INDEX NO.: EF2021-270632) The City of Troy, in City Council convened, ordains as follows: Section 1. The plaintiff Samuel Gleason commenced the above captioned personal injury action in the Supreme Court of the State of New York, alleging, among other things, that the City negligently failed to arrange transportation or other assistance for him after the car he was riding in was stopped and the driver was arrested for Driving While Intoxicated. Plaintiff claims that this alleged failure was the proximate cause of his injuries that were sustained thereafter when he was struck by a motor vehicle. 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 Memorandum in Support. The Corporation Counsel shall obtain a duly executed Release of all of the plaintiff’s claims against the City and a Stipulation of Discontinuance of the action prior to payment. Section 3. The Comptroller is authorized and directed to make, issue, and countersign the required draft as outlined in the Memorandum in Support, the amount to be payable out of the Judgments and Claims Account. Section 4. This Ordinance shall take effect immediately. Approved as to form, __________________, 2025 _________________________________________ Richard T. Morrissey, Acting Corporation Counsel ORD32 MEMORANDUM IN SUPPORT To: Troy City Council From: Richard T. Morrissey, Acting Corporation Counsel Re: Settlement of Samuel Gleason v. City of Troy et al., Index No.: EF2021-270632 Date: July 1, 2025 On December 8, 2021, plaintiff Samuel Gleason commenced this personal injury action in the Supreme Court of the State of New York, County of Rensselaer. Plaintiff alleged that he sustained serious personal injuries after being struck by a motor vehicle while walking on State Route 378 near the Menands Bridge on February 28, 2021. The driver of the vehicle, Michelle Budge, had no connection with the City of Troy. However, plaintiff asserted that the City caused or contributed to the accident. Specifically, he claimed that the City negligently failed to arrange transportation or other assistance for him after the car he was riding in was stopped and the driver was arrested for Driving While Intoxicated. He claimed that the investigating police officers’ alleged failure to arrange for his safe passage after briefly detaining him was the proximate cause of the injuries he suffered from being struck by the independent tortfeasor. Mr. Gleason committed no crime and he was not arrested. Officers who were at the scene testified that they helped him charge his cell phone and that he advised them that he was calling a ride share taxi. After the officers left the scene, Mr. Gleason travelled a mile to the vicinity of the Menands Bridge and was struck by Ms. Budge’s vehicle while he was walking in the west bound lane of vehicular travel on State Route 378. Mr. Gleason claimed complete traumatic amnesia with no memories of the police encounter or the accident. His claimed injuries include traumatic brain injury, non-displaced fracture of the left fibula, left broken ankle, cervical, lumbar, and right shoulder strains and sprains, internal bleeding, lacerations, pain, suffering, and other damages. His original notice of claim alleged damages in excess of One Million Dollars. Throughout this litigation the City has denied any wrongdoing or legal liability and maintains that its police officers acted appropriately and without any breach of duty. Nevertheless, there are always risks associated with litigation. There are also our outside counsel’s attorney’s fees. The bottom line is that this case will cost more to motion and try than the agreed settlement of Five Thousand Dollars ($5000.00). As usual, the settlement will be contingent on the plaintiff’s execution of a General Release and Stipulation of Discontinuance with prejudice. The City of Troy did not cause this accident and the Corporation Counsel believes that the police officers involved acted reasonably and responsibly. The plaintiff’s injuries were caused solely by a third-party driver and by his own voluntary conduct, more so the latter. Nevertheless, after evaluating the costs and risks of further litigation, including retention of experts and motion practice, as well as the inherent unpredictability of a jury trial, the Corporation Counsel reluctantly has agreed to the settlement terms outlined above. The settlement contains no admission of fault or liability for the City. The decision to settle is strictly a business decision, based on an assessment of litigation risk and expense. While we remain confident in our legal defenses, the costs of proceeding through trial and potential appeal, would exceed the proposed settlement amount. Furthermore, settlement avoids any possibility of joint liability or unfavorable apportionment by a jury under comparative fault principles. ORD32 It is respectfully recommended that the Council approve the settlement. By the terms of the settlement, the case will be discontinued in its entirety and the proceeding will be dismissed with prejudice. There will be no admission of liability or fault on the part of the City, and the City will be released from all further liability upon payment of the agreed sum. 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 move forward to trial. ORD33 ORDINANCE AMENDING THE 2025 SPECIAL REVENUE FUND BUDGET TO ACCEPT AND APPROPRIATE FUNDS FROM RENSSELAER COUNTY DEPARTMENT OF HEALTH FOR THE PURPOSE OF ADMINISTERING THE LEAD RENTAL REGISTRY PROGRAM The City of Troy convened in City Council, ordains as follows: Section 1. The City of Troy 2025 budget is herein amended as set forth in Schedule A entitled: 2025 Budget Amendments – 2025/2026 Lead Rental Registry Program 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 ORD33 Carmella Mantello Michael F. McNeff Mayor City Comptroller Seamus Donnelly Deputy Mayor Office of the Comptroller City Hall 433 River Street Troy, New York 12180 Date: July 1, 2025 To: Troy City Council From: Michael McNeff, City Comptroller Gabrielle Mahoney, City Treasurer Re: 2025 Budget Amendment(s) – 2025/26 Lead Rental Registry Program This ordinance amends the Special Revenue Fund budget to appropriate the 2025-2026 Lead Rental Registry Program funds awarded to the City by Rensselaer County Department of Health in the amount of $403,629. Schedule A ORD33 2025 Budget Amendment(s) – 2025/2026 Lead Rental Registry Program Original Change Revised Department Account No. Description Budget* (+/-) Budget Miscellaneous Special Revenue Fund Revenues Lead Rental Registry Grant CM.2025.3089.3620.0362 State Aid 0.00 403,629.00 403,629.00 Total Miscellaneous Special Revenue Fund Budget Revenue Increase 403,629.00 Expenditures Lead Rentral Registry Grant CM.2025.0100.3620.0382 Personnel Services 0.00 195,196.00 195,196.00 Lead Rentral Registry Grant CM.2025.0800.3620.0382 Employee Benefits 0.00 129,733.00 129,733.00 Lead Rentral Registry Grant CM.2025.0303.3620.0382 Other Materials & Supplies 0.00 20,700.00 20,700.00 Lead Rentral Registry Grant CM.2025.0304.3620.0382 Vehicle Expense 0.00 55,000.00 55,000.00 Lead Rentral Registry Grant CM.2025.0410.3620.0382 Training 0.00 3,000.00 3,000.00 Total Miscellaneous Special Revenue Fund Budget Expenditure Increase 403,629.00 Net Impact On Miscellaneous Special Revenue Fund 0.00 * Or as previously amended RES79 RESOLUTION AUTHORIZING THE MAYOR TO ENTER INTO AN AGREEMENT WITH RENSSELAER COUNTY FOR PREVENTION OF CHILDHOOD LEAD POISONING THROUGH IMPLEMENTATION OF A LEAD RENTAL REGISTRY AND PROACTIVE INSPECTIONS TO IDENTIFY LEAD HAZARDS WHEREAS, Rensselaer County has been awarded grant funding from the New York State Department of Health to be used for program development, creating strategies, proactive inspections, and implementation of a Lead Rental Registry; and WHEREAS, the City of Troy and the County of Rensselaer have a mutual governmental interest in the prevention of childhood lead poisoning; and WHEREAS, General Municipal Law Article 5-G authorizes the City of Troy and the County of Rensselaer to enter into an intermunicipal agreement on a cooperative or contract basis to carry out any function or responsibility that each has the authority to undertake alone; and WHEREAS, the Rensselaer County Legislature has authorized the County to continue collaboration with the City for disbursement of the Lead Rental Registry Program grant for a term beginning April 1, 2025, through March 31, 2026, with the intent that such contract will be renewed on an annual basis through the end date of the grant; and WHEREAS, the grant funding will be used to identify lead hazards and high-risk housing, as well as to provide resources to homeowners; and WHEREAS, pursuant to the agreement, the County will reimburse the City for services rendered pursuant to the grant up to a total amount of $403,629.00 for eligible expenses that have been properly reported and submitted. NOW, THEREFORE, BE IT RESOLVED, that the Troy City Council hereby authorizes the Mayor to enter into an intermunicipal agreement with the County of Rensselaer, the agreement to be in substantial conformity with the agreement attached hereto, subject to review and approval by Corporation Counsel, with such 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 RES79 Carmella R. Mantello Joseph F. Mazzariello Mayor Commissioner of General Services Seamus P. Donnelly Deputy Mayor Office of General Services City Hall 433 River Street Troy, New York 12180 Date: June 25, 2025 To: Troy City Council From: Joseph Mazzariello, Commissioner of General Services Re: Lead Rental Registry Program MEMORANDUM IN SUPPORT General Municipal Law Article 5-G authorizes the City of Troy and the County of Rensselaer to enter into intermunicipal agreements on a cooperative or contract basis to carry out any function or responsibility that each has the authority to undertake alone. This agreement between The City of Troy and the County of Rensselaer will provide the City with additional resources to accomplish the shared goal of identifying and remediating lead hazards in the City of Troy housing stock. 23 RES79 Year 1-2 - Implementation Attachment-1 Hire state staff at DOH and HCR Begin hiring - Get the program up Create an at LHDs Allow and running online landlords - Create educational -Begin lead materials statewide safety to register - Reach out to 1 rental 2 certification 3 rental units training municipalities and registry and begin develop work plan - Conduct program outreach to inspections - Provide education for landlords landlords to incentivize the program RES79 RES79 Rensselaer County and City of Troy This Agreement is made by and between Rensselaer County on behalf of its Health Department, with offices located at 99 Troy Road, East Greenbush, New York 12061 hereinafter referred to as the “County” and City of Troy with an address of 433 River Street, Suite 5001, Troy, New York 12180, hereinafter referred to as the “City”. County and City are sometimes referred to in this Agreement individually as a “Party” and collectively as the “Parties”. WITNESSETH: WHEREAS, the parties hereto desire to make available to the County new lead initiative targeting prevention of childhood lead poisoning, including creation of a State rental registry and proactive inspections to identify lead hazards as authorized by New York State Public Health Law Section 1377 (enacted by Part T of Chapter 57 of the Laws of 2023, effective November 5, 2025); and WHEREAS, New York State has made funding available now in order for municipalities to prepare for the new legislation; and WHEREAS, the City is a governmental agency and is authorized to furnish such services to the people of Troy New York, and WHEREAS, the County, acting through its duly elected County Legislature and County Executive, desires to contract with the City for the furnishing of such community services as aforesaid, and the said City has agreed to render and furnish such community services to the extent indicated herein, and as are hereinafter set forth, and under the terms and conditions hereinafter provided. NOW, THEREFORE, it is mutually agreed between the parties as follows: 1. The City agrees to furnish services to the Rensselaer County Health Department with program development, creating strategies, and implementation of the Lead Rental Registry grant awarded by The New York State Department of Health to Rensselaer County and as listed on Attachment-1. The County agrees to reimburse the City for services rendered pursuant to the grant. The parties acknowledge that the New York State Department of Health has not yet published draft regulations for public comment for Public Health Law Section 1377. The parties agree to amend this agreement in the event regulatory interpretation of Section 1377 so requires. 2. The City agrees to submit to the County fiscal reports as requested and required by State funding agencies. 3. The term of this Agreement shall be from April 1, 2025 through March 31, 2026 with annual renewals for the duration of the grant. Either Party may terminate this Agreement, Concord - Document ID: generated after first signature 1-4 RES79 provided that the party terminating this Agreement gives thirty (30) days written notice of termination to the other Party, which shall be served upon the other Party by first class mail. 4. The City agrees that it shall have available for audit and inspection by the County and New York State any records relating to this Agreement and shall make available upon request any independent audit obtained by the City regarding the services provided under this Agreement. 5. The City expressly represents and agrees that the Budget for costs of service to be rendered by the City under this contract and as listed on Attachment-2 shall not exceed a total net cost of $403,629.00. 6. The parties to this agreement further agree to take such action to amend this agreement as may be necessary for the parties to maintain compliance with HIPAA requirements. 7. City expressly acknowledges and agrees that this contract will be considered executory to the extent New York State or Federal funding is relied upon by the County for the payment of any services to be furnished by City under the terms and provisions of this agreement, and that in the event such funding shall not be forthcoming, this agreement may be terminated by the County upon reasonable prior written notice to City. 8. This agreement is subject to the provisions of Section l03a and l03b, as amended, except as such portions thereof may be declared invalid, of the New York General Municipal Law which requires that upon the refusal of a person, when called before a grand jury to testify concerning any transaction or contract had with the state, any political subdivision thereof, a public authority of with any public department, agency or official of the state or of any political subdivision thereof or of a public authority, to sign a waiver of immunity against subsequent criminal prosecution or to answer any relevant question concerning such transaction or contract. a. Such person, and any firm, partnership or corporation of which he is a member, partner, director or officer shall be disqualified from thereafter selling to or submitting bids to or receiving awards from or entering into any contracts with any municipal corporation or any public department, agency or official thereof, for goods, work or services, for a period of five years after such refusal; and b. Any and all contracts made by any municipal corporation or any public department, agency or official thereof, since the effectuate date of this law, by such person, and by any firm, partnership or corporation of which he is a member, partner, director or officer may be canceled or terminated by the municipal corporation without incurring any penalty or damages on account of such cancellation or termination but any monies owing by the municipal corporation for goods delivered or work done prior to the cancellation or termination shall be paid. 9. In the event of a reduction of County revenues resulting from Federal and/or State budgetary action or program changes, the County reserves the right to reduce the gross sum payable as provided in the foregoing contract by such sum or percentage of sum as may be determined by resolution of the Rensselaer County Legislature amending respective revenue and appropriation codes of the County budget. In the event the County so elects to reduce the contract amount, it shall notify the contracting party and this contract shall be deemed to be Concord - Document ID: generated after first signature 2-4 RES79 amended by reference in conformity with such resolution amending the adopted County budget. a. In the event that the appropriate State agencies should wrongfully fail to approve any claims of the City submitted pursuant to this Agreement or shall wrongfully fail to pay any reimbursement pursuant to any such claim, the County agrees that it will, upon demand of the City, and concurrence of the County Attorney commence and maintain such administrative proceedings or legal proceedings against the State of New York or any agency thereof to recover such funds as City shall demand, provided that City shall provide, at no cost to County, counsel of City 's choice to pursue such proceedings or such litigation and the City shall pay all expenses of such proceedings or litigation. b. In the event either Party to the agreement shall initiate litigation against the other Party to protect or enforce any right or benefit in favor of such Party under the terms of this Agreement, the parties hereby mutually agree that the Supreme Court of the State of New York shall exercise exclusive jurisdiction over such litigation, and that the venue of the same shall be County of Rensselaer, New York 10. Non-Discrimination During the performance of this Agreement the City agrees that: a. It will not discriminate against any employee or applicant for employment because of race, creed, color, national origin, sex, age, disability or marital status. b. No person shall be denied the services provided for by this Agreement because of race, creed, color, national origin, sex, age, disability, marital status, or inability to pay. c. The City shall not discriminate in the admission, care, treatment, employment, and confidentiality of persons with AIDS or HIV-related medical conditions. Agencies found to have discriminated or to have breached the confidentiality of AIDS-related medical records will be required to implement remedial plans, including staff education, to prevent future incidents. In cases of repeated violations or refusals to comply, State funding to such agencies will be terminated and/or administrative fines imposed. 11. The City certifies, to the best of its knowledge and belief, that: a. No State or Federal appropriated funds have been paid or will be paid, by or on behalf of the City, to any person for influencing or attempting to influence legislation or appropriation actions pending before local, State and Federal executive and/or legislative bodies in connection with the awarding of any contract, the making of any grant, the making of any loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any contract, grant loan, or cooperative agreement. Concord - Document ID: generated after first signature 3-4 RES79 b. If any funds other than State or Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence legislation or appropriation actions pending before local, State and Federal executive and/or legislative bodies in connection with this contract, grant, loan or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. c. The undersigned shall require that the language of this certification be included in the award documents for all sub-awards at all tiers (including subcontracts, sub- grants, and contracts under grants, loans, and cooperative agreements) and that all sub- recipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Failure to file the required certification shall be subject to civil penalty by the Federal government of not less than $10,000 and not more than $100,000 for each such failure. 12. Environmental Tobacco Certification By signing this agreement the City certifies that the organization will comply with requirements of the Federal Public Law 103-277, also known as the Children Act of 1994 and any State or Local laws which may be more restrictive in regards to the regulation or governance of smoking in public places and facilities. The Federal Law requires that smoking not be permitted in any portion of any indoor facility owned or leased or contracted for by an entity and used routinely or regularly; for the provision of health, day care, early childhood development services, education or library services to children under the age of 18, if the services are funded by Federal programs either directly or through State or local government, by Federal grant, contract, loan or loan guarantee. The law also applies to children's services that are provided in indoor facilities that are constructed, operated, or maintained with such Federal funds. In all instances, if any State (NYS Public Health Law '13399-o) or local law, rule or regulation is more restrictive than the applicable federal law then all terms of the state or local law, rule or regulation shall apply. 13. The following information regarding the City is pertinent and necessary for the parties to carry out this agreement: Address: 433 River Street, Suite 5001 Troy, New York 12180 Attention: Gabriella Mahoney Phone: 518-279-7108 Agency e-mail Address: Gabrielle.Mahoney@troyny.gov IN WITNESS WHEREOF, this Agreement has been executed by the duly authorized officers of the respective Parties. Concord - Document ID: generated after first signature 4-4 RES79 RENSSELAER COUN TY LEGISLATURE Introduced by ' Legislator(s) Loveridge, Grant, Weaver, Gendron, Rogers, Nichols Sent To: Contracts & Agreements Committee Date May 13, 2025 Resolution No. Gi191/25 RESOLUTION AUTHORIZING AN AGREEMENT WITH THE CITY OF TROY, NY FOR THE LEAD RENTAL REGISTRY PROGRAM - DEPARTMENT OF HEALTH WHEREAS,This Resoluti on is filed with the Renssela er County Legisla ture by the Renssela er County Executiv e; and WHEREAS,Resoluti on G/369/24 authoriz ed a grant award from the New York State Departm ent of Healt'l. for the Lead Renta1- Regi Program for the period of April 1, 2024 thro::igh March 31, 2029 in the total amour,t of $3,636,0 00.0C; and WHEREAS,The Renssela er County Jepartme nt of. Heal th ( "RCDOH") will adminis ter and oversee the grant act ties of this program with funding being used to identify lead hazards , with goals of identify: iic.g high risk housing, providin g resource s to homeown ers, and developi ng communi ty partners hips to sustain the program past the life of the grant; and WHEREAS, RCDOH seeks Legisla tive authoriz ation to continue collabo ration with the City of Troy, in order to meet the goals and objectiv es of this program, by entering into an agreemen t for the period beginnin g April 1, 2025 through March 31, 2026, with the intent that such contrac t would be renewed on an annual is through the end date of the noted grant; and WHEREAS,The appropr iations necessar y subseque nt ceerms this agreeme nt will be included within the program 's future budgets; and WHEREAS, The start of end date of such agreemen t, the source of funding of same, the total amount to be expended ever the 1 of the same, which shall not exceed budgetar y appropr iations, and the name and address of the contract ing party are as follows: DESCRIPTION VENDOR APPROPRIATION 1\MOUNT AND DATES CODE Lead Rental City of Troy A.4090.0 4800.LR R.2024.0 4800 $403,629 .00 Registry 433 River Street, Program Suite 5001 4/1/2025 Troy, N.Y. 12180 3/31/202 6 ; now, therefor e, be it RES79 RES79 RES80 RESOLUTION APPOINTING A COMMISSIONER OF DEEDS FOR THE CITY OF TROY BE IT RESOLVED, that the Troy City Council hereby appoints Judah Bailey, whose unredacted application is on file with the Troy City Clerk and whose eligibility for appointment under Executive Law § 139 has been confirmed, as Commissioner of Deeds for the City of Troy, for a two-year term beginning on July 11, 2025, and ending on July 10, 2027. Approved as to form, ________________________, 2025 ______________________________________________ Richard T. Morrissey, Acting Corporation Counsel RES80 City of Troy, New York COMi/IISSIONER OF DEEDS ADplication for Appolntment To the City Clerk of the City of Troy, New York: r, l;L\^'ippoftrnet g.,lY application foi @rint fu name), being duly sworn, hereby make io the office of Commissioner of Deeds in and for the City of Troy., -. I hereby swear that: 1. I am a citizen of the United States, and 2. I am at least 18 years of age and 3. Check one: i1 A. TROY RESIDENT: I maintain my fixed and permanent residence at (pnht address) _, Troy, New York. fl B. RENSSELAER COUNW RESIDENT, outside of Troy: I maintain an office or place of business in the City of Troy, at (prht addrass): Troy, New York. And I maintain my fixed and permanent residence at (prht addrgss): IN (townfu iilagel in Rensselaer County. Signature: On 20_, appeared _, known to me to be the same person described herein and who executed th€ foregoing instrument and s/he duly acknowledged to me that s/he executed the same and that the information contained rein is true and accurate- L.i:.-, (s S Notary Public Commissioner of Deeds Ddte Return thls form wtth proof of resldence and, if required, proof of employment to the offlce of the City Cterk, rl3it River St, Suito 5001, fron XV fif dO. o*Ic E USE ONLY -Av.tia NYS n driver's licanse within city limib of Troy or Rensselaer County D v CI Q ttrl ss Date

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