Minutes of the REGULAR MEETING CITY COUNCIL October 7, 2010 ROLL CALL: MR. K. MCGRATH, MR. M. MCGRATH, MR. BODNAR, MR. ZALEWSKI, MR. GALUSKI, MR. BROWN, MR. LOPORTO, MR. DUNNE and PRESIDENT CAMPANA Call to Order: 7:00 p.m. ORD# 1 ORDINANCE AUTHORIZING AND DIRECTING SALE BY THE PRIVATE SALE METHOD OF CITY-OWNED REAL PROPERTY The City of Troy, in City Council, convened, ordains as follows: Section 1. Pursuant to section 83-8 of the Troy Code, the Bureau of surplus Property accepted bids at private sale on the hereinafter described property described as a the former Tire Warehouse located at 631 River Street identified as Tax Map SBL No. 90.78-3-4 Section 2. The Mayor is hereby authorized and directed to sell and convey the hereinafter described real property to the following named purchaser for the sum below indicated which is hereby determined to be a fair price for the same without the necessity of competitive bidding and upon the terms and conditions set forth below. Section 3. The Mayor is hereby empowered to execute and deliver to the said bidder or bidders a quit claim deed conveying said premises hereinafter described, but said conveyance is to be made expressly subject to the conditions hereinafter set forth. Section 4. are as follows: PURCHASER; PURCHASE PRICE; The purchaser, purchase price and terms and conditions of sale JMBE Properties LLC. $55,000.00 TERMS AND CONDITIONS; 631 River Street, the former Tire Warehouse and identified as Tax Map SBL No. 90.78-3-4. Section 5. This Ordinance shall take effect immediately. Ordinance ADOPTED by the following vote: AYES: 9 NOES: 0 ABSTAIN: 0 Troy City Clerk Sent to the Mayor 10-08-10 Executive Action Approved _X_ Date 10-22-10__ 278 Received from the Mayor __10-22-10 City Clerk _______________________ Veto __ Not Endorsed _______ Mayor ____________________ ORD. #2 ORDINANCE APPROVING SETTLEMENT OF CERTIORARI PROCEEDINGS INSTITUTED BY VARIOUS PROPERTY OWNERS LOCATED IN THE CITY OF TROYAND ON THE ASSESSMENT ROLL OF THE CITY OF TROY The City of Troy, in City Council, convened, ordains as follows: Section 1. The Corporation Counsel of the City of Troy is hereby authorized to compromise and settle certiorari proceeding instituted by the following taxpayer as provided in certain stipulation on file with the office of the Corporation Counsel: BHY Partners NY, LLC 70.74-1-1 (74 New Turnpike Road) Section 2. The Corporation Counsel of the City of Troy is hereby authorized to execute the necessary stipulations for the settlement of the proceedings and the orders based on said stipulations shall authorize the City Treasurer of the City of Troy, if necessary, to prepare new tax bills in the proper form based on the above referenced assessments and shall further authorize the Department of Finance and the City of Troy to revise the 2010 assessment roll to reflect said changes. Section 3. Upon receipt by the City Treasurer and the City Comptroller of the executed Stipulations and Orders, said tax rolls shall be adjusted accordingly, and the necessary refunds will be made to the property owner, if applicable. Section 4. This Ordinance shall take effect immediately. A. Purchaser shall be liable for and pay all closing costs related to this sale including, but not limited to: filing fees, deed stamps, survey, title report, environmental reports & cleanup and attorneys fees. Ordinance ADOPTED by the following vote: AYES: 9 NOES: 0 ABSTAIN: 0 Troy City Clerk Sent to the Mayor 10-08-10 Received from the Mayor _10-22-10____ City Clerk _________________________ Executive Action Approved _X_ Date ___10-22-10__ Veto __ Not Endorsed ____________ Mayor _________________________ ORD #3 279 ORDINANCE APPROVING SETTLEMENT OF CERTIORARI PROCEEDINGS INSTITUTED BY VARIOUS PROPERTY LOCATED IN THE CITY OF THE TROY AND ON THE ASSESSMENT ROLL OF THE CITY OF TROY The City of Troy, in City Council, convened, ordains as follows: Section 1. The Corporation Counsel of the City of Troy is hereby authorized to compromise and settle certiorari proceedings instituted by the following taxpayers as provided in certain stipulations on file with the office of the Corporation Counsel: Cumberland Farms Cumberland Farms Cumberland Farms Cumberland Farms 112.67-3-1 (623 Second Street) 112-4-12.12 (505 Campbell Street) 80.79-3-13 (380 Fifth Avenue) 70.80-4-6 (884 Second Avenue) The Corporation Counsel of the City of Troy is hereby authorized to Section 2. execute the necessary stipulations for the settlement of the proceedings and the Orders based on said stipulations shall authorize the City Treasurer of the City of Troy, if necessary, to prepare new tax bills in the proper form based in the above referenced assessments and shall further authorize the Department of Finance and the City of Troy to revise the 2010 assessment roll To reflect said changes. Section 3. Upon receipt by the City Treasurer and the City Comptroller of the executed Stipulations and Orders, said tax rolls shall be adjusted accordingly, and the necessary refunds will be made to the property owner, if applicable. Section 4. This Ordinance shall take effect immediately. Ordinance ADOPTED by the following vote: AYES: 9 NOES: 0 ABSTAIN: 0 Troy City Clerk Sent to the Mayor 10-8-10 Received from the Mayor __10-22-10____ City Clerk __________________________ Executive Action Approved _X_ Date _10-22-10____ Veto __ Not Endorsed __________ Mayor _______________________ ORD. #4 ORDINANCE APPROVING SETTLEMENT OF CERTIORARI PROCEEDINGS INSTITUTED BY VARIOUS PROPERTY OWNERS LOCATED IN THE CITY OF TROY AND ON THE ASSESSMENT ROL OF THE CITY OF TROY 280 The City of Troy, in City Council, convened, ordains as follows: Section 1. The Corporation Counsel of the City of Troy is hereby authorized to compromise and settle certiorari proceedings instituted by the following taxpayers as provided in certain stipulations on file with the office of Corporation Counsel: John Ray & Sons Inc. John Ray Properties LLC Ray properties LLC 90.71-6-4 (2905 Seventh Avenue) 90.70-8-17 (2900 Sixth Avenue) 90.70-8-1 (2952 Sixth Avenue) Section 2. The Corporation Counsel of the City of Troy is hereby authorized to execute the necessary stipulations for the settlement of the proceedings and the Orders based on said stipulations shall authorize the City Treasurer of the City of Troy, if necessary, to prepare new tax bills in the proper form based on the above referenced assessments and shall further authorize the Department o Finance and the City of Troy to revise the 2010 assessment roll to reflect said changes. Section 3. The Upon receipt by the city Treasurer and the City Comptroller Of the executed Stipulations and Orders, said tax rolls shall be adjusted accordingly, and the necessary refunds will be made to the property owner, if applicable. Section 4. This Ordinance shall take effect immediately. Ordinance ADOPTED by the following vote: AYES: 9 NOES: 0 ABSTAIN: 0 Troy City Clerk Sent to the Mayor 10-08-10 Received from the Mayor ___10-22-10____ City Clerk __________________________ Executive Action Approved X_ Date __10-22-10_____ Veto __ Not Endorsed ___________ Mayor ________________________ ORD #5 ORDINANCE APPROVING SETTLEMENT OF CERTIORARI PROCEEDINGS INSTITUTED BY VARIOUS PROPERTY OWNERS LOCATED IN THE CITY OF TROY AND ON THE ASSESSMENT ROLL OF THE CITY OF TROY The City of Troy, in City Council, convened, ordains as follows: Section 1. The Corporation Counsel of the City of Troy is hereby authorized to compromise and settle certiorari proceedings instituted by the following taxpayer as provided in certain stipulation on file with the office of the Corporation Counsel: Nancy Macy, Trustee of 80.55-8-4 281 Domenica Mae Iavarone family Trust (517 First Avenue) Section 2. The Corporation Counsel of the City of Troy is hereby authorized to execute the necessary stipulations for the settlement of the proceedings and the Orders based on said stipulations shall authorize the City Treasurer of the City of Troy, if necessary, to prepare new tax bills in the proper form based on the above referenced assessments and shall further authorize the department of Finance and the City of Troy to revise the 2009 assessment roll to reflect said changes. Section 3. Upon receipt by the City Treasurer and the City Comptroller of the executed stipulations and Orders, said tax rolls shall be adjusted accordingly, and the necessary refunds will be made to the property owner, if applicable. Section 4. This ordinance shall take effect immediately. Ordinance ADOPTED by the following vote: AYES: 8 NOES: 0 ABSTAIN: 1 (Kevin McGrath) Troy City Clerk Sent to the Mayor 10-08-10 Received from the Mayor ___10-22-10___ City Clerk __________________________ Executive Action Approved _X_ Date ___10-22-10__ Veto __ Not Endorsed _________ Mayor ______________________ ORD. #6 ORDINANCE APPROVING SETTLEMENT OF CERTIORARI PROCEEDINGS INSTITUTED BY VARIOUS PROPERTY OWNERS LOCATED IN THE CITY OF TROY AND ON THE ASSESSMENT ROLL OF THE CITY OF TROY The City of Troy, in City Council, convened, ordains as follows: Section 1. The Corporation Counsel of the City of Troy is hereby authorized to compromise and settle certiorari proceeding instituted by the following taxpayer as provided in certain stipulation on file with the office of the Corporation Counsel: Terra Castellum Holdings, LLC (342 Fourth Street) 112.21-4-18 Section 2. The Corporation Counsel of the City of Troy is hereby authorized to execute the necessary stipulations for the settlement of the proceedings and the Orders based on said stipulations shall authorize the City Treasurer of the City of Troy, if necessary, to prepare new tax bills in the proper form based on the above referenced assessments and shall further authorize the Department of Finance and the City of Troy to revise the 2009 and 2010 assessment rolls to reflect said changes. Upon receipt by the City Treasurer and the City Comptroller of the Section 3. executed Stipulations and Orders, said tax rolls shall be adjusted accordingly, and the necessary refunds will be made to the property owner, if applicable. Section 4. This Ordinance shall take effect immediately. 282 Ordinance ADOPTED by the following vote: AYES: 7 NOES: 2 (Campana/Galuski) ABSTAIN: 0 Troy City Clerk Sent to the Mayor 10-08-10 Received from the Mayor 10-22/10 City Clerk _______________________ Executive Action Approved _X_ Date __10-22-10 Veto __ Not Endorsed ________ Mayor _____________________ ORD. # 7 ORDINANCE AMENDING THE 2010 CITY BUDGET TO ACCEPT FUNDS FROM THE NEW YORK STATE DEPARTMENT OF CRIMINAL JUSTICE SERVICES FOR THE PURPOSE OF APPROPRIATING EXPENDITURES AS DEFINED IN THE IMPACT VI I GRANT AGREEMENT AND BUDGET The City of Troy, in City Council, convened, ordains as follows: Section 1. The City of Troy 2010 budget is herein amended as set forth in Schedule A entitled: Impact VII Grant – 2010 Expenses which is attached hereto and made a part hereof Section 2. This act will take effect immediately. Ordinance ADOPTED by the following vote: AYES: 9 NOES: 0 ABSTAIN: 0 Troy City Clerk Executive Action Approved _X_ Date __10-22-10 Sent to the Mayor 10-08-10 Veto __ Not Endorsed ___________ Received from the Mayor 10-22-10 City Clerk ___________________________ Mayor ________________________ SCHEDULE A IMPACT VII - 2010 Expenses Department Account No. Description Current Change Revised Budget ( + / - ) Budget General Fund - Expenditures A960 283 Police Department A3120-04090416 Consultant Services - Finn Institute $0 Total Expenditure Increase $72,000 $72,000 $72,000 General Fund - Revenue A510 State Aid A3000-33890000 New York State Impact VII Grant Division of Criminal Justice Services $0 Total Revenue Increase $72,000 $72,000 $72,000 ORD. # 8 ORDINANCE AMENDING THE 2010 CITY BUDGET TO TRANSFER FUNDS WITHIN THE GENERAL, WATER, AND SEWER FUNDS BUDGET LINES The City of Troy, in City Council, convened, ordains as follows: Section 1. The City of Troy 2010 GENERAL, WATER, AND SEWER FUNDS budgets is herein amended and set forth in Schedule A entitled: October 2010 Budget Amendment which is attached hereto and made a part hereof Section 2. This act will take effect immediately. Ordinance ADOPTED by the following vote: AYES: 9 NOES: 0 ABSTAIN: 0 Troy City Clerk Sent to the Mayor 10-08-10 Received from the Mayor _10-22/10____ City Clerk __________________________ Executive Action Approved _X_ Date _10-22-10_______ Veto __ Not Endorsed __________ Mayor _______________________ 2010 October Budget Amendment Department General Fund Account No. Description DPW Administration A1490-02020000 Vehicles Original Change Revised Budget* ( + / - ) Budget 13,000 119 13,119 284 DPW - Central Garage DPW - Central Garage DPW - Central Garage DPW - Central Garage Recreation Recreation Recreation Recreation Recreation A1640-03040056 A1640-03040057 A1640-03040058 A1640-04230000 A7150-03030033 A7150-03032420 A7150-03032431 A7150-04040068 A7150-04050068 Vehicle Expense - Gas and Oil 517,500 (10,000) 507,500 Vehicle Expense - Parts 231,589 10,000 241,589 Vehicle Expense - Repairs 125,000 (1,019) 123,981 5,500 900 6,400 Uniforms Other Mat & Supplies / Recr Facilities Other Mat & Supplies / Frear Pk Golf Course 33,916 1,500 35,416 70,000 1,000 71,000 Pool Supplies 16,500 (3,100) 13,400 Repairs to Equipment 20,000 (2,500) 17,500 Rentals 60,000 3,100 63,100 Total General Fund Budget Expenditure Increase $0.00 Water Fund DPU - Garage DPU - Administration DPU - Administration DPU - Administration DPU - Administration DPU - Purification DPU - Purification DPU - Purification DPU - Purification DPU - Transmission F1640-01030000 F8310-02010030 F8310-03030030 F8310-04090000 F8310-04130046 F8330-02030000 F8330-03030000 F8330-03040056 F8330-04010021 F8340-04050068 Salaries Overtime 1,500 1,500 3,000 Meter Equipment Other Material & Supplies/Meters 10,641 (1,541) 9,100 200,000 51,541 251,541 Consultant Services 100,000 120,000 220,000 Taxes Other Govt's 675,000 (50,000) 625,000 90,550 20,000 110,550 Other Material and Supplies Vehicle Expense - Gas and Oil 894,375 (140,000) 754,375 2,500 (1,500) 1,000 Utilities - Heating Oil 178,000 (7,500) 170,500 300 7,500 7,800 Other Equipment Rental-Equipment Total Water Fund Budget Expenditure Increase $0.00 Sewer Fund DPU - Sanitary Sewers DPU - Sanitary Sewers DPU - Sanitary Sewers DPU - Sanitary Sewers G8120-01020000 G8120-04040068 G8120-04050068 G8120-08090000 Salaries - Temp 22,500 7,500 30,000 Repairs to Equipment 27,500 (22,500) 5,000 Rental - Equipment 33,000 15,000 48,000 Workmen's Compensation 15,000 5,000 20,000 285 DPU - Sanitary Sewers G8120-08090051 Workmans Comp Loss Awards 25,000 (5,000) Total Sewer Fund Budget Expenditure Increase 20,000 $0.00 ORD# 9 ORDINANCE AMENDING THE CODE OF THE CITY OF TROY, CHAPTER 195 ARTICLE II "CURFEW", § 195-7 ENTITLED "PENALTIES FOR OFFENSES” The City of Troy, convened in city Council, ordains as follows: Section 1. Chapter 195, Article II, § 195-7 of the Code of the City of Troy is amended to add the following language, which is in bold and delete the following language which is stricken through: §197-7 Penalties for offenses A. In the case of a first violation of this article, by a minor 15 years of age or younger, the Police Department shall send a letter, with a copy of the violation notice, to the parents or legal guardian of said the minor. This notice shall be a warning to the parents that an additional violation of this article shall result in the imposition of a fine and community service as provided by law, initiation of a Person In Need of Supervision (PINS) proceeding pursuant to the Laws of the State of New York B. In the case of a second violation of this article by said minor, the police shall send a letter, with a copy of the violation notice, to the parents or legal guardian of the minor. The penalties imposed for a second violation of this article shall be a fine of $100 and 25 hours of community service, which shall be performed by a parent or legal guardian together with the minor refer the matter to the Rensselaer County Department of Social Services for the commencement of a Person In Need of Supervision (PINS) proceeding C. The violation of this article by a child age 16 or 17 shall be punishable by a fine of $100 and 25 hours of community service. In the case of a third violation, and all subsequent violations thereafter, of this article, the penalties imposed shall be pursuant to Subsection B above, and the police shall notify the Department of Social Services and/or child protective services, as necessary and appropriate. D. The penalties imposed for a violation of this article by a child age 16 or 17 shall be the penalties defined herein, however, the penalties are imposed on the minor rather than the parents and/or legal guardian. This Ordinance shall take effect immediately Ordinance ADOPTED by the following vote: AYES: 9 NOES: 0 286 ABSTAIN: Troy City Clerk Sent to the Mayor 10-08-10 Received from the Mayor 10-22-10 City Clerk _____________________ Executive Action Approved _X_ Date 10-22-10 Veto __ Not Endorsed ____________ Mayor____________ ORD. # 10 ORDINANCE AMENDING THE CODE OF THE CITY OF TROY CHAPTER 124 ANIMALS, ARTICLE II DOGS §124-18. PENALTIES FOR OFFENSES AND § 124-19. ENTITLED LOCAL FEES The City of Troy, in City Council, convened, ordains as follows: Chapter 124, Section 18 of the City of Troy City Code is amended to add the Section 1. following language which is in bold and delete the following language which is stricken through. § 124-18. Penalties for offenses [Amended 9-3-1987; 12-5-2002 by Ord. No. 4; 1-2-2003 by Ord. No. 7] Any person who violates or knowingly permits the violation of any section of this article, other than § 124-9, shall be deemed to have committed an offense against this article and subject to a mandatory fine of $50 $100 or imprisonment for not more than 25 days. Each separate offense shall constitute a separate additional violation, subject to a mandatory fine of $100 plus an additional incremental fine of $50 for each separate additional violation. This section shall not apply to violations of § 124-9, which provides for penalties therein. Chapter 124, Section 19 of the City of Troy City Code is amended to add the Section 2. following language which is in bold and delete the following language which is stricken through. § 124-19. Local fees and licensing requirements [Amended 4-20-1982; 6-7-1984] With the elimination of NYS Agriculture and Markets dog licensing functions, as of January 1, 2011, it will be the responsibility of municipalities to conduct dog license procedures. Local governments are required to establish local fees and policies prior to January 1, 2011 via legislation. This ordinance amends Chapter 124, Section 19 of the City Code to read as follows: The City Clerk’s Office will issue two (2) different types of dog tags: 287 1. Regular license for altered and unaltered dogs, and 2. Exempt license for guide and service dogs. Exemptions will be allowed for: 1. Guide or service dogs will be exempt from licensing fees as mandated by Section 110 of the NYS Agriculture & Markets Law. 2. Dog Shows – dogs will be exempt from wearing license tags during the period of dog shows conducted within the city limits of Troy. 3. Senior citizens, living within the city limits of Troy, will pay reduced licensing fees for their dog(s) as provided for below. In the absence of addition to the licensing fees formerly prescribed by NYS Article 7 § 110 of the Agriculture and Markets Law, the annual "local" fee for each dog license issued in the City of Troy pursuant to Subdivision 1 of § 109 of said statute as provided by Subdivision 4 of said § 110 shall be: A. For each spayed or neutered dog: $5 $15 ($1.00 applied to NYS Animal Population Control Fund surcharge). B. For each unsprayed or unneutered dog: $5 $ 20 ($3.00 applied to NYS Animal Population Control Fund surcharge). C. Senior Citizens: $7.50 ($1.00 for altered applied to NYS Animal Population Control Fund surcharge and $3.00 for unaltered applied to NYS Animal Population Control Fund surcharge). The City of Troy maintains the 30-day licensing exemption for out-of-state dogs. Dog License requirements. When licensing a dog in the City of Troy, the dog owner must provide: 1. Proof of dog ownership, i.e. bill of sale from a licensed animal company, or veterinary records documenting the owners’ address, 2. Valid NYS drivers license or non-drivers license ID, 3. A notarized “Landlord Permission Form” must be submitted at the time of licensing if dog owner is not the property owner where said dog is domiciled. The licensing municipality must provide dog control and shelter services under the NYS Agriculture and Markets Law. All monies collected, less the deduction for the NYS Animal Population Control Fund as provided for above and related to dog licensing procedures, will be placed in an account established for expenses incurred by the City of Troy. All shelters and/or veterinary clinics under contract with the City of Troy must: 288 A. Ensure a dog license has been issued by the Troy City Clerk’s Office as of January 1, 2011, prior to such dog being released from their facility into the city limits of Troy. B. Pursuant to Section 117-a and 377-a of the NYS Agriculture & Markets Law; No animal shelter, dog control officer or humane society organization may release a dog or cat for adoption unless: 1. The dog or cat has been spayed or neutered. a. - Section 3. Exceptions shall be made if: The veterinarian certifies the spay/neuter procedure would endanger the life of the animal. The dog owner provides proof that the dog has a recent breed ring show record or has completed registry requirements for the title of champion or its equivalent. This act will take effect on January 1, 2011. Ordinance ADOPTED by the following vote: AYES: 9 NOES: 0 ABSTAIN: 0 Troy City Clerk Sent to the Mayor: 10-08-10 Received from the Mayor: 10-22-10 City Clerk _________________________ Executive Action Approved : X Date 10-22-10 Veto __ Not Endorsed ____ Mayor __________________________ \ ORD. #11 ORDINANCE AMENDING AND EXTENDING THE MORATORIUM ON CERTAIN SECTIONS WITHIN CHAPTER 285 "ZONING" OF THE TROY CODE OF ORDINANCES BY PROHIBITING: THE SUBDIVISION OF RESIDENTIAL STRUCTURES ; THE CONVERSION OF GARAGES, CARRIAGE HOUSES OR SECONDARY STRUCTRES TO RESIDENTIAL UNITS; THE INCREASE IN THE NUMBER OF BEDROOMS IN AN EXISTING RESIDENTIAL UNIT Section 1. Notwithstanding any other provision of the Troy City Code of Ordinances to the contrary, no residential structure shall be granted permit or approval to increase the number of residential units beyond that which currently exist in said residential structure. Section 2. Additionally, no permit shall be granted to convert a carriage house, garage or any secondary structure into a residential unit. Section 3. Finally, no existing residential structure shall be granted permit or approval to increase the number of bedrooms within the existing 289 structure and/or to add additional bedrooms within the existing footprint of the residential structure, except that one bedroom may' be added in an owner occupied single family residential structure in unfinished space of an attic or basement, subject to all code requirements and as long as no toilet or plumbing is added. Section 4. The City Council of the City of Troy has enacted this moratorium on the approval and permitting of the above for a six-month period while issues surrounding the need for this moratorium are studied and permanent changes are made to Chapter 285. Section 5. This ordinance shall be in effect from September 30, 2010 thru March 31, 2011. Ordinance ADOPTED by the following vote: AYES: 9 NOES: 0 ABSTAIN: 0 Troy City Clerk Sent to the Mayor 10-08-10 Received from the Mayor _10/22/10____ City Clerk__________________________ Executive Action Approved __ Date 10-22-10 ___ Veto __ Not Endorsed ___X__ Mayor ___________________ ORD # 12 AN ORDINANCE PROHIBITING THE AWARDING OF ANY CONTRACT FOR THE DEMOLITION OR ALTERATION OF THE FORMER CITY HALL AT 1 MONUMENT SQUARE WITHOUT PRIOR CITY COUNCIL APPROVAL. The City of Troy, in City Council convened, ordains as follows: Section 1. No agency or executive of the city shall award any contracts for demolition, including emergency demolition, of the former City Hall at 1 Monument Square without prior approval of the City Council. Section 2. No agency or executive of the city shall allow any alteration or change to of the building at 1 Monument Square which would in any way to impede a possible return of city functions to that building without prior approval of the City Council. This ordinance shall take effect immediately. Ordinance Adopted by the following vote: AYES: 8 NOES: 1(Mark McGrath) ABSTAIN: 0 Troy City Clerk Executive Action 290 Sent to the Mayor 10-08-10 Received from the Mayor __10/22/10 City Clerk ___________________ Approved __ Date _10/22/10___ Veto _X Not Endorsed _________ Mayor _____________________ RES. #1 RESOLUTION APPOINTING COMMISSIONERS OF DEEDS FOR THE CITY OF TROY BE IT RESOLVED, that the City Council hereby appoints the following persons, as identified in Schedule "A", attached hereto and made a part hereof, Commissioners of Deeds for the City of Troy for the terms identified in Schedule "A". Resolution WITHDRAWN on the night of the Meeting No Names to be added. RES. #2 RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE A SETTLEMENT AGREEMENT WITH NATIONAL GRID RELATIVE TO THE APPLICABILITY OF GROSS RECEIPT TAXES ______________________________________________________________________________ WHEREAS, pursuant to Section 20-b of the General City Law a city may impose a Gross Receipts Tax (GRT) on transactions involving the delivery of gas and electric commodity purchased from Energy Supply Companies (ESCOs); and WHEREAS, there are two different transactions that may take place with respect to the delivery of gas and electricity commodities; bundled transaction, e.g., transactions where the commodity and delivery services are both purchased from National Grid, and the purchase takes place entirely within the city, and an ESCO transaction in which the commodity is sold by an ESCO (not national Grid), the purchase takes place outside the city and National Grid delivers the commodity; and WHEREAS, GRT does not apply to ESCO transactions since the purchase takes place outside the city; and WHEREAS, National Grid had not collected any local GRT on the delivery portion of local ESCO transactions and was not permitted to collect such taxes; and 291 WHEREAS, in December 2008 during a routine audit of tax payments made to the State of New York it was discovered that National Grid had inadvertently remitted to municipalities across the State, including the City of Troy, a portion of the tax collected for New York State GRT on the delivery portion of ESCO transactions and inadvertently underpaid the State of New York (New York State GRT is applied differently than local GRT and is collected by National Grid on unbundled transaction); and WHEREAS, between September 1, 2005 and August 31, 2008 National Grid inadvertently paid municipalities across the State approximately $13 Million and in particular the City of Troy $250,332.60 all of which should have been paid instead to the State of New York; and WHEREAS, upon learning of its mistake, National Grid stopped making payments to municipalites, many of who objected at the stopping of payments; and WHEREAS, in July 2009 National Grid, stating that it wanted to “create a resolution that would be fair to its customers, its ratepayers and the municipalites” petitioned the Public Service Commisssion (PSC) for approval to allow it to collect local GRT on the delivery portion of ESCO transactions; and WHEREAS, effective December 1, 2009 the PSC permitted National Grid to collect local GRT on the delivery portion of ESCO transactions and in the first quarter of 2010 National Grid began remitting the collected GRT to municipalities including the City of Troy; and WHEREAS, payments of GRT by National Grid to municipalities is being made “under protest” as it has reserved its right to challenge the validity of the imposition of local GRT upon the delivery portion of ESCO transactions that do not begin and end within the boundaries of the municipality; and WHEREAS, National Grid has since made payment to the State of New York of the monies it failed to pay between 2005 and 2008 and now seeks to settle outstanding issues with respect to the collection and payment of GRT with municipalities, including the City of Troy; and WHEREAS, National Grid has agreed to waive its claim for a refund of the $250,332.60 it allegedly mistakenly paid the City of Troy between September 1, 2005 and August 31, 2008, and WHEREAS, the City of Troy has agreed to waive its claim of $136,000.00 which may have been due it for GRT between September 1, 2008 and November 30, 2009; and WHEREAS, National Grid, pursuant to permission granted it by the PSC, will make payments of GRT to the City of Troy retroactively effective as of December 1, 2009. 292 NOW, THEREFORE, BE IT RESOLVED, that the Mayor is hereby authorized to enter into a settlement agreement on behalf of the City of Troy with National Grid, the content of said agreement to be substantially in the form of the agreement attached hereto and made a part hereof as Exhibit “A”by reference incorporated herein: Resolution ADOPTED by the following vote: AYES: 8 NOES: 0 ABSTAIN: 1 (Kevin McGrath) Troy City Clerk Executive Action Sent to the Mayor 10-08-10 Approved _X Date ___10/22/2010____ Received from the Mayor ____10/22/2010_____ Veto __ Not Endorsed ____________ City Clerk _____________________________ Mayor _________________________ RES. #3 RESOLUTION IN SUPPORT OF HUDSON RIVER/CHAMPLAIN CANAL NAVIGATIONAL DREDGING WHEREAS, the USEPA issued a Record of Decision (ROD) in February of 2002 which requires the General Electric Company to dredge PCB-contaminated sediments for a 40mile stretch of the Hudson River; and WHEREAS, there is an identified need to dredge several areas of the Hudson River/Champlain Canal channel to a depth of 12-feet for navigational purposes within the aforementioned Hudson River remediation area which is beyond the scope of the PCB remediation action; and WHEREAS, the removal of these materials in the navigation channel has, heretofore, been unable to be conducted due to PCB contamination within these sediments and its completion is imperative to the restoration of safe commercial and recreational boating on the Hudson River/Champlain Canal; and WHEREAS, General Electric has built a multi-modal transportation and processing facility to handle the remediation sediments that will be available for economic redevelopment at the end of the project; and WHEREAS, the reuse of said facility may include agricultural processing or shipping that can only be achieved with a fully restored navigational channel; and WHEREAS, the NYS Canal Corporation does not have environmental dredging equipment and/or disposal sites available which will accommodate the removal of PCB -contaminatedsediments-from-certain-portions-of the-Hudson-River/Champlain-Canal's- -navigational channel; and NOW THEREFORE IT BE RESOLVED that the City of Troy recommends that it is appropriate and cost-effective to the citizens of New York State to address Hudson River/Champlain Canal navigational dredging needs which are identified in certain areas within the proposed federal PCB remediation action concurrently with said remediation action to assure the timely restoration of safe boat navigation on the upper Hudson River area. 293 Resolution ADOPTED by the following vote: AYES: 9 NOES: 0 ABSTAIN: 0 Troy City Clerk Sent to the Mayor 10-08-10 Received from the Mayor ___10/22/2010___ City Clerk __________________________ Executive Action Approved _X_ Date __10/22/2010 Veto __ Not Endorsed __________ Mayor _______________________ ADJOURNED: 8:58 P.M. 294