GLENS FALLS COMMON COUNCIL

Document Sample
GLENS FALLS COMMON COUNCIL Powered By Docstoc
					                             CITY OF GLENS FALLS
                                   COMMON COUNCIL
                                          June 14, 2011
                                         MEETING MINUTES

A Public Hearing was held at 7:20 pm on Tuesday, June 14, 2011 in the Common
Council Chambers, City Hall, 42 Ridge Street, Glens Falls, New York, 12801 with
regards to establishing a Handicapped Parking Space in front of 11 Pine Street.

A Public Hearing was held at 7:25 pm on Tuesday, June 14, 2011 in the Common
Council Chambers, City Hall, 42 Ridge Street, Glens Falls, New York, 12801 with
regards to the Urban Renewal Agency’s sale of 25 Douglas Ave.

Present: Mayor John Diamond, Councilman-at-Large Daniel Hall, Councilwoman Judy
Villa-White, Councilmen Michael Busch, James Brock, Scott Watson and Bennet
Driscoll.

Absent: None.

Also Present: City Attorney Ronald Newell, Robert Curtis, City Clerk, Edward
Bartholomew, Economic and Community Development Director and The Post-Star.

Mayor Diamond opened the first Public Hearing at 7:20 pm. There were no comments
from the public.

Mayor Diamond closed the first Public Hearing at 7:25 pm and opened the second
Public Hearing. There were no comments from the public. Mayor Diamond closed the
second Public Hearing at 7:30 pm and opened the regular Common Council meeting.

Committee Reports

Councilman Watson stated the Personnel/Labor Management Committee met several
times. They had one productive meeting with Police Captain Valenza regarding the
proposal to consolidate dispatching duties up to Warren County. Mike and Judy were
there. With regards to operational issues there are clearly unknowns. They also met
with 3 of the 5 bidders to discuss Item #10 – the RFP results for a Health Insurance
broker, with the conclusion being Item #10. He stated the CSEA is having a meeting
tonight about a Memorandum of Understanding and it is possible they’ll have a contract
for approval at the next meeting. The Committee is now moving on to negotiations with
the PBA.


       RESOLUTION NO. 201

       On the motion of Councilman Busch, seconded by Councilman Watson, all voting
       affirmatively, it was

       RESOLVGED THAT, the Common Council hereby approves the minutes of the
       May 24, 2011 meeting of the Glens Falls Common Council.

Pg. 2
Common Council
06/14/11
        RESOLUTION NO. 202

        On the motion of Councilman Busch, seconded by Councilman Watson, all voting
        affirmatively, it was

        RESOLVED THAT, the Common Council hereby approves the May 2011
        monthly reports of the City Clerk/Parking Violations Bureau and the Department
        of Building and Codes/Plumbing.


        RESOLUTION NO. 203

        On the motion of Councilman Busch, seconded by Councilman Watson, all voting
        affirmatively, it was

        RESOLVED THAT, the Common Council hereby approves the following
        events utilizing City streets, sidewalks and/or rights-of-way per the attached list
        as recommended by the Board of Public Safety:

        1.       A Block Party on Sheridan Street between Crandall and
                 Garfield Streets on Saturday, July 2, 2011 from 1 to 9 p.m.

        2.       A Block Party on Monroe Street from Jefferson to Glen on Sunday,
                 June 26, 2011 from 1 to 8 p.m.

        3.       A Fireworks display at East Field by the Golden Eagles on June 14 and
                 August 3, contingent upon the Golden Eagles obtaining a Fireworks
                 Permit from the Fire Code Enforcement Officer.

        4.       A Fireworks display at East Field on July 3, 2011 by the City of Glens Falls
                 and Regional Radio Group for Summer Jam contingent upon the group
                 obtaining a Fireworks Permit from the Fire Code Enforcement Officer.

        5.       A Fireworks display at Crandall Park on July 4, 2011, by the Glens Falls
                 Symphony contingent upon the Symphony obtaining a Fireworks Permit
                 from the City Fire Code Enforcement Officer.

        6.       A LARAC/BID request to hold ―Wednesday Nights Out‖ with live music on
                 the sidewalk in front of Scoville Jewelers at the corner of Glen and Ridge
                 Streets, during the summer.

        7.       A Block Party on Claremont Street between Third and Fourth Streets on
                 June 26, 2011, from 2 to 8 p.m.


        RESOLUTION NO. 204

        On the motion of Councilman Busch, seconded by Councilman Watson, all voting
        affirmatively, it was
Pg. 3
Common Council
06/14/11
        RESOLVED THAT, the Common Council hereby approves the following
        Events utilizing City parks and recreation venues per the attached list as
        recommended by the Recreation Commission.

        1.       Adirondack Balloon Festival — Balloon launch, Crandall Park, Thursday,
                 September 22, 2011, 3:00 -7:00 pm.

        2.       Adirondack Balloon Festival — Balloon launch, Crandall Park, Sunday,
                 September 25, 2011, 3:00-7:00 pm.

        3.       Convoy for the Kids — Truck Show and Concert, East Field Stadium and
                 parking lot, Sunday, July 24, 2011, 10:00am — 9:00pm.

        4.       July 4th Concert and Fireworks— Crandall Park, Monday, July 4, 2011,
                 7:30-9:3Opm

        5.       Queensbury School Band Concert — Crandall Park Bandshell,
                 Wednesday, August 10, 2011, 4-8pm

        6.       Summer Reading Kickoff Event — City Park, Wednesday, June 29, 2011,
                 2:30pm to 3:30pm.

        7.       Voices of the Heart Drum Circle — City Park, Tuesday, June 28, 2011, 5-
                 6pm.

Councilman Watson requested Item #5 be pulled.

        RESOLUTION NO. 205

        On the motion of Councilman Busch, seconded by Councilwoman Villa-White, it
        was

        RESOLVED THAT, the Common Council hereby approves a contract with VEE
        Corporation for performances of Sesame Street Live at the Glens Falls Civic
        Center on Tuesday, Jan. 24 through Wednesday, Jan. 25, 2012 and Tuesday,
        Jan. 29 through Wednesday, Jan. 30, 2013 and mutually agreed upon dates in
        the same timeframe in 2014.

Roll call vote taken on the foregoing resolution resulted as follows:
AYES: Councilman-at-Large Hall, Councilwoman Villa-White, Councilmen Busch,
Watson, Brock and Driscoll.
NAYS: None.
Said resolution declared Adopted.


        RESOLUTION NO. 206

        On the motion of Councilman Busch, seconded by Councilwoman Villa-White, it
        was
Pg. 4
Common Council
06/14/11
        RESOLVED THAT, the Common Council hereby approves a contract for the BOCES
        of Washington-Saratoga-Warren-Hamilton-Essex Counties and the Southern
        Adirondack Education Center 28th Annual Completion and Awards Ceremony at
        the Glens Falls Civic Center on Friday, June 17, 2011.

Roll call vote taken on the foregoing resolution resulted as follows:
AYES: Councilman-at-Large Hall, Councilwoman Villa-White, Councilmen Busch,
Watson, Brock and Driscoll.
NAYS: None.
Said resolution declared Adopted.


        RESOLUTION NO. 207

        On the motion of Councilman Busch, seconded by Councilwoman Villa-White, it
        was
        LOCAL LAW NO. – 4 of 2011

        BE IT ENACTED BY THE COMMON COUNCIL OF THE CITY OF GLENS FALLS AS
        FOLLOWS:

        CHAPTER 208-70, VEHICLES & TRAFFIC; SCHEDULE XXIII: HANDICAPPED PARKING, OF
        THE CODE OF THE CITY OF GLENS FALLS IS HEREBY AMENDED TO ALTER THE
        PARKING ON THE WEST SIDE OF PINE STREET TO PROVIDE ONE HANDICAPPED
        PARKING SPACE IN FRONT OF THE OFFICE OF DR. GARY POSTER, 11 PINE STREET.

        SECTION 1. Purpose.

        The Common Council of the City of Glens Falls finds that it is in the best interest of the City to
        restrict parking on the West side of Pine Street to provide parking in front of the office of Dr. Gary
        Poster, 11 Pine Street.

        The restriction would be to make one parking place in front of the office of Dr. Gary Poster, 11
        Pine Street, as a handicapped parking space. The Common Council, following recommendation
        from the Glens Falls Board of Public Safety and Glens Falls Police Department, recognizes that
        certain adjustments to its regulations must be made from time to time in order to preserve the
        health and safety of its residents.

        SECTION 2. Section 208-70, being Vehicles & Traffic; Schedule XXIII: Handicapped
        Parking, shall be amended to add the following:

       A.        On-Street areas

        Name of Street                  Side            Location

        Pine                           West            One space on West side of Pine Street
                                                  In front of Dr. Gary Poster’s Office,
                                                  11 Pine Street.

        SECTION 3. When effective.

        This Local Law shall take effect upon the filing in the Office of the Secretary of State of the
        State of New York, as provided in the Municipal Home Rule Law.

Roll call vote taken on the foregoing resolution resulted as follows:
Pg. 5
Common Council
06/14/11
AYES: Councilman-at-Large Hall, Councilwoman Villa-White, Councilmen Busch,
Watson, Brock and Driscoll.
NAYS: None.
Said resolution declared Adopted.


        RESOLUTION NO. 208

        On the motion of Councilman Busch, seconded by Councilwoman Villa-White, it
        was
        RESOLVED THAT, the Common Council hereby approves a Mobile Food
        License Application for Arriama Matlock-Abdullah, dba Green Pea Mobile Market,
        PO box 347 Pottersville, NY 12860, to vend in the City of Glens Falls in 2011
Roll call vote taken on the foregoing resolution resulted as follows:
AYES: Councilman-at-Large Hall, Councilwoman Villa-White, Councilmen Busch,
Watson, Brock and Driscoll.
NAYS: None.
Said resolution declared Adopted.


        RESOLUTION NO. 209
        On the motion of Councilman Busch, seconded by Councilwoman Villa-White, it
        was

        RESOLVED THAT, the Common Council hereby approves continuing with
        Capital Financial Services for City Health Insurance Broker Services, pursuant
        to the recommendation of the Common Council Insurance Committee based
        on the results of the ―Request For Proposals‖ process, for a three year period
        with an option to review at that time, commencing June 15, 2011.
Roll call vote taken on the foregoing resolution resulted as follows:
AYES: Councilman-at-Large Hall, Councilwoman Villa-White, Councilmen Busch,
Watson, Brock and Driscoll.
NAYS: None.
Said resolution declared Adopted.


        RESOLUTION NO. 210

         RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF GLENS FALLS, NEW YORK
         APPROVING THE CONTRACT OF SALE FOR 25 DOUGLAS AVENUE BY AND BETWEEN
         THE GLENS FALLS URBAN RENEWAL AGENCY AND STEVEN AND PATTY MYHRBERG
               OF QUEENSBURY, NEW YORK, AND APPROVING THE SALE THEREOF
                           AND THE DEED OF CONVEYANCE

        On the motion of Councilman Busch, seconded by Councilwoman Villa-White, it
        was

        WHEREAS, pursuant to the City of Glens Falls Community Development Plan and the
        City of Glens Falls Master Plan; and the General Municipal Law of the State of New
        York, the Glens Falls Urban Renewal Agency had, by Resolution No. 14-2011, on April
Pg. 6
Common Council
06/14/11
        28, 2011, duly designated Steven and Patty Myhrberg of 21 Lake View Drive,
        Queensbury, New York, as Developer of a parcel of land located at 25 Douglas Avenue
        in the City of Glens Falls; and

        WHEREAS, on June 4, 2011, the Agency published in the Glens Falls Post-Star, a
        Notice of Availability For Public Examination of Developers’ Qualifications and Financial
        Responsibility; and

        WHEREAS, Section 507, subsection 2(d) of Article 15 of the General Municipal Law of
        the State of New York requires approval of the sale of Urban Renewal Property by the
        governing body of the municipality after a public hearing; and

        WHEREAS, on June 4, 2011, there was published in the Glens Falls Post-Star, a Notice
        of Public Hearing and Notice of Availability for Public Examination of the Contract of Sale
        for the proposed disposition of said parcel to Steven and Patty Myhrberg, as required by
        law; and

        WHEREAS, the action under consideration by the City and the Urban Renewal Agency
        (the ―Agency‖) consists of the sale of residential property to be used for residential
        purposes; and

        WHEREAS, the Common Council confirms the Agency’s determination that the sale of
        25 Douglas Avenue, Glens Falls, New York, is in the economic development interests of
        the City of Glens Falls, is in keeping with the City’s Master Plan for city-wide
        development, is in accord with the provisions of applicable federal, state and local laws,
        and will benefit the welfare and the economy of the City of Glens Falls and its residents,
        and

        WHEREAS, the Action is a AType II Action@ for purposes of review under the State
        Environmental Quality Review Act ("SEQRA") pursuant to the Type II List adopted by the
        Agency on December 19, 2002, therefore no further SEQRA review is necessary; and

        WHEREAS, on June 14, 2011, a Public Hearing was held before the Common Council
        of the City of Glens Falls with respect to the proposed agreement and disposition;

        NOW, THEREFORE, BE IT RESOLVED by the Common Council of City of Glens Falls,
        New York, that in accordance with the City of Glens Falls Community Development
        Program and Master Plan and the General Municipal Law of the State of New York,
        Steven and Patty Myhrberg, the designated Developer, is hereby approved as qualified
        and eligible Developer to purchase the property; and it is further

        RESOLVED, that the Disposition Agreement by and between the Glens Falls Urban
        Renewal Agency and Steven and Patty Myhrberg for the sale of said parcel located at
        25 Douglas Avenue is hereby approved, and the proposed deed of conveyance is
        approved; and the Glens Falls Urban Renewal Agency is hereby authorized to execute
        and deliver the approved deed of conveyance to Steven and Patty Myhrberg of 21 Lake
        View Drive, Queensbury, New York, the approved Developer.

Roll call vote taken on the foregoing resolution resulted as follows:
AYES: Councilman-at-Large Hall, Councilwoman Villa-White, Councilmen Busch,
Watson, Brock and Driscoll.
NAYS: None.
Said resolution declared Adopted.

Pg. 7
Common Council
06/14/11
        RESOLUTION NO. 211
        On the motion of Councilman Busch, seconded by Councilwoman Villa-White, it
        was
        WHEREAS, during the course of routine duty on February 14, 2011, a Glens
        Falls Police vehicle was struck by another vehicle, causing damage to the Police
        unit; and
        WHEREAS, the insurance company for the driver of the other vehicle has issued
        a check for damages incurred;

        NOW, BE IT RESOLVED THAT, the Common Council hereby authorizes the
        Controller’s Office to increase General Fund Revenue Account A009999-2680
        (Insurance Recovery) by $940.70 and increase General Fund Expense Account
        A23210-4423 (Police Motor Vehicle Repair and Maintenance) by $940.70.
Roll call vote taken on the foregoing resolution resulted as follows:
AYES: Councilman-at-Large Hall, Councilwoman Villa-White, Councilmen Busch,
Watson, Brock and Driscoll.
NAYS: None.
Said resolution declared Adopted.


        RESOLUTION NO. 212

        On the motion of Councilman Busch, seconded by Councilwoman Villa-White, it
        was
        WHEREAS, there is a need to undertake timely searches for properties subject
        to the City of Glens Falls Community Development Rehabilitation Program,
        grants/loans and the First Time Homebuyers Program grants/loans so as to
        reduce any risk of compromising the City of Glens Falls’ lien against the property;
        NOW, BE IT RESOLVED, that the City of Glens Falls Community Development
        Office is hereby authorized to utilize the law firm of Newell & Klingebiel to provide
        legal services at a set fee of $250 per property with funding paid by the
        Community Development Office.
Roll call vote taken on the foregoing resolution resulted as follows:
AYES: Councilman-at-Large Hall, Councilwoman Villa-White, Councilmen Busch,
Watson, Brock and Driscoll.
NAYS: None.
Said resolution declared Adopted.


        RESOLUTION NO. 213
        On the motion of Councilman Busch, seconded by Councilwoman Villa-White, it
        was
        RESOLVED THAT, the Common Council hereby approves City of Glens Falls
        Housing Rehabilitation Application #09-11-012, in the amount of $19,600.
Pg. 8
Common Council
06/14/11
Roll call vote taken on the foregoing resolution resulted as follows:
AYES: Councilman-at-Large Hall, Councilwoman Villa-White, Councilmen Busch,
Watson, Brock and Driscoll.
NAYS: None.
Said resolution declared Adopted.


        RESOLUTION NO. 214
        On the motion of Councilman Busch, seconded by Councilwoman Villa-White, it
        was
        RESOLVED THAT, the Common Council hereby approves the Community
        Development Office’s manual payments, in the amount of $5,278.80.

Roll call vote taken on the foregoing resolution resulted as follows:
AYES: Councilman-at-Large Hall, Councilwoman Villa-White, Councilmen Busch,
Watson, Brock and Driscoll.
NAYS: None.
Said resolution declared Adopted.


        RESOLUTION NO. 215
        On the motion of Councilman Busch, seconded by Councilwoman Villa-White, it
        was
        RESOLVED THAT, the Common Council hereby approves the City payroll and
        warrant #2011-11 dated 06/14/11 and approved by the Purchasing Officer be
        ordered and paid and charged to their respective accounts:

                 A General Fund ----------------------------------------- $       47,162.22

                 E01 GGFTS Operations & Maintenance ---------- $                    3,175.50

                 E02 GGFTS Operations & Maintenance ---------- $                  61,750.00

                 F Water Fund --------------------------------------------- $      39,276.11

                 G Sewer Fund -------------------------------------------- $     155,744.16

                 H2 City Landfill Closure -------------------------------- $        1,000.00

                 HR Exit 18 Corridor Improvements ------------------ $            100,000.00

                 IZ South Street Rehabilitation Project --------------- $              302.07
                                 WARRANT TOTAL: $408,410.06

Roll call vote taken on the foregoing resolution resulted as follows:
AYES: Councilman-at-Large Hall, Councilwoman Villa-White, Councilmen Busch,
Watson, Brock and Driscoll.
Pg. 9
Common Council
06/14/11
NAYS: None.
Said resolution declared Adopted.

Mayor Diamond stated the next item was pulled – Item #5 – a resolution approving and
authorizing the Mayor to enter into an amended agreement with Global Spectrum for the
continued management of the Glens Falls Civic Center, pursuant to the terms of the
attached agreement.
Councilman Watson stated when he originally saw the contract he thought it was
obviously a generous offer of Global to offer up the $175,000 loan to the City at an
interest free rate along with the services of a consultants of theirs to give us some
feedback on how to proceed with that. He is going to continue with his frustration as he
feels the contract is a performance-based contract and for him the biggest indicator of
that performance is the subsidy the City needs to invest back into that arena annually.
It’s gone down a little bit over the past few years with Global in charge. But for him to
justify jumping the annual management fee by $15,000 up to $105,000 to start this year
to him is just too much. He needs to see more at the back end for us to be able to justify
seeing that big of a jump.
Councilwoman Villa-White stated she was confused about the $150,000 vs. the
$175,000. When the Council approved moving forward with the video boards and the
sound system she thought the City’s commitment was $150,000. This resolution is
saying ―up to $175,000‖.
Mayor Diamond replied they put it ―up to $175,000‖ in case the City doesn’t want to
borrow as much with an interest payment, versus a loan with a lack of interest. The
capital project remains at $450,000 – it’s just a matter of how we want to finance it and
what is going to save the City money. The City’s commitment is still $150,000.
Councilwoman Villa-White stated if they end up going to $175,000 who is paying the
extra $25,000 back?
Mr. Bartholomew replied the payment is due in September for everything. In the event
the Brooks Brothers’ payment doesn’t come in until October they have to have the
ability to pay off the full amount then with payback coming back in October.
Councilwoman Villa-White stated they’re locking into three years with the ability to
review it after three years then continue on with two?
Mayor Diamond replied yes and if we choose to go in another direction the loan
becomes callable by Global Spectrum at that point in time.
Councilwoman Villa-White stated at budget time and we’re asking all other City
Departments to streamline and cut back, she would like more ability and authority to
discuss cut backs and expenditures with the Civic Center .She agrees with Councilman
Watson it’s hard when we’re asking all of our City employees to cut back, cut back when
we’re really not in control of the Civic Center’s budget.
Mayor Diamond replied the Council is in control of the interfund transfer and can set that
figure and can set the number at whatever we desire to. We can bring in Global
Spectrum and say that is the number that you’re got to work with and you’ve got to
make it work. That’s the Council’s responsibility to set that to whatever they feel is a
manageable number during the budget process.
Pg. 10
Common Council
06/14/11
Councilman Driscoll stated even though this is a three-year contract, w always have the
opportunity to review the contract as often as is necessary and forward those comments
and concerns to Global Spectrum. They’ve never not picked up the phone if we had
questions or concerns.
Councilman Brock stated if you look at it from the City’s point of view we’re used to just
looking at costs, not income. With the Civic Center the only thing that really brings down
the costs is more people coming in the door and spending money. If we begin to nickel
and dime the Civic Center it could end up reducing the quality of whatever people
expect when they come in there and hurting ourselves in order to justify what we’re
doing with the other employees, etc. They’re comparing apples and oranges. The Civic
Center is more of a business. He thinks they need to be careful with the Civic Center
and not go crazy like we are with the City Departments and cut, cut, cut.


        RESOLUTION NO. 216
        On the motion of Councilman Busch, seconded by Councilman-at-Large Hall, it
        was
        RESOLVED THAT, the Common Council hereby approves and authorizes the Mayor to
        enter into an amended agreement with Global Spectrum for the continued management
        of the Glens Falls Civic Center pursuant to the terms of the following agreement:
            SUMMARY OF PROPOSED AMENDMENT TO CURRENT MANAGEMENT AGREEMENT: CITY OF
                            GLENS FALLS AND GLOBAL SPECTRUM

        Term of 5 years commencing
        •        April 14, 2011 thru April 13, 2016--
        •        However; the City may cancel at the end of the 3tt1 contract year (April
                 2014), or renew for the remaining two (2) years.
        Management Fee Structure
        •        April 14, 2011 thru December 31, 2011
                 Current base management fee increased by CPI retroactive to April 14,
                 2011
        •        Calendar Year 2012
                 One Hundred Five Thousand Dollars ($105,000)
        •        Calendar Year 2013
                 One Hundred Eight Thousand Dollars ($108,000)
        •        Each year thereafter years 4 & 5 the Base Management Fee remains at
                 $108, 000 which will increase only by local CPI
        Incentive Fee Structure
        •        No change from current fee structure.
        Capital Investment Loan (no interest by Global for Audio Video Systems)
        •        Up to $175,000 for new Audio/Video System.
Pg. 11
Common Council
06/14/11
        •        There will be no interest charged to the City on this loan.
        •        Loan payment repayable in equal installments over five (5) years;
                 beginning February 27, 2012 (with no penalty for prepayment)
        •        If Global Spectrum’s contract is terminated for any reason prior to the end
                 of the five year term, the City will reimburse Global Spectrum for any
                 unamortized portion of this loan.
        •        City to transfer up to $275,000 and Global up to $175,000 to a joint
                 operating account for this capital project of audio and video improvements
                 totaling $450,000.
        •        Global Spectrum to purchase the system in the manner as is typical of any
                 other capital improvement item at the Glens Falls Civic Center.
        Global Spectrum’s Consulting Services - Specifications of New
        Audio/Video System
        Global Spectrum will develop proprietary specifications with their designated
        consultant for the purchase and installment of the audio/video and Global is
        authorized to proceed to purchase and install said systems (audio/video) in time
        for the commencement of the 2011-2012 AHL Adirondack Phantoms season.
        Said purchase of audio/video systems by Global is subject to the financial terms
        and allocated cost sharing as outlined in the above paragraph
Roll call vote taken on the foregoing resolution resulted as follows:
AYES: Councilman-at-Large Hall, Councilmen Busch, Brock and Driscoll.
NAYS: Councilwoman Villa-White and Councilman Watson.
Said resolution declared Adopted.


        RESOLUTION NO. 217

        On the motion of Councilman Busch, seconded by Councilman Watson, it was

        RESOLVED THAT, the Common Council hereby awards Bid #CGF 11-08; Sale
        of Bituminous Concrete Millings, to the high bidder, Peckham Industries Inc. of
        Hudson Falls, at a rate of $.445/per square yard.

Roll call vote taken on the foregoing resolution resulted as follows:
AYES: Councilman-at-Large Hall, Councilwoman Villa-White, Councilmen Busch,
Watson, Brock and Driscoll.
NAYS: None.
Said resolution declared Adopted.


        RESOLUTION NO. 218

        On the motion of Councilman Busch, seconded by Councilman Watson, it was

        RESOLVED THAT, the Common Council hereby awards Bid #CGF 11-10;
        Cold Milling, to the low bidder, Peckham Road Corp. of Lake George, NY.
Pg. 12
Common Council
06/14/11
Roll call vote taken on the foregoing resolution resulted as follows:
AYES: Councilman-at-Large Hall, Councilwoman Villa-White, Councilmen Busch,
Watson, Brock and Driscoll.
NAYS: None.
Said resolution declared Adopted.


        RESOLUTION NO. 219

        On the motion of Councilman Busch, seconded by Councilman Watson, it was

      RESOLVED THAT, the Common Council hereby awards Bid #CGF 11-12;
      Pavement Striping, to the sole bidder – Hi-Way Safety Systems Inc. of Rockland,
      MA.
Roll call vote taken on the foregoing resolution resulted as follows:
AYES: Councilman-at-Large Hall, Councilwoman Villa-White, Councilmen Busch,
Watson, Brock and Driscoll.
NAYS: None.
Said resolution declared Adopted.


        RESOLUTION NO. 220

        On the motion of Councilman Busch, seconded by Councilman Watson, it was
        RESOLVED THAT, the Common Council hereby awards Bid #CGF 11-13; Tack
        Coat Application, to the sole bidder – Peckham Industries Inc. of Hudson Falls.

Roll call vote taken on the foregoing resolution resulted as follows:
AYES: Councilman-at-Large Hall, Councilwoman Villa-White, Councilmen Busch,
Watson, Brock and Driscoll.
NAYS: None.
Said resolution declared Adopted.


        RESOLUTION NO. 221
        RESOLUTION APPROVING CONSTRUCTION CONTRACT FOR SOUTH STREET (PIN 1758)

        On the motion of Councilman Busch, seconded by Councilman Watson,
        WHEREAS the City of Glens Falls having received funding for South Street improvements
        from US DOT-NYSDOT (Senator Schumer $973,000), US HUD CBDG R Stimulus
        ($150,015), NYS ESDC (572,000), Water and Sewer ($425,000); and

        WHEREAS, the City of Glens Falls created a capital project for South Street Rehabilitation
        and Infrastructure Capital Project on May 11, 2010 pursuant to Resolution Nos.169; and

        WHEREAS, the Common Council previously authorized the issuance of bonds for this
        ―South Street Project‖ pursuant to resolution 170 of 2010; and

        WHEREAS, bid documents were prepared and publicly advertised for 21 days by
        Chazen Companies for the improvements along South Street including streetscape
        improvements consisting of new sidewalks, decorative pavements, crosswalks,
Pg. 13
Common Council
06/14/11
        curbing, repaving of the street, sanitary and storm sewer repair, street trees, site
        furnishings, and street lighting; and

        WHEREAS, on May 26th, 2011, 5 bids were received for the above referenced
        contract; and

        WHEREAS, the apparent low bidder for the contract, Rifenburg Construction, Inc.
        submitted a bid in the amount of $1,139,651.00 including allowances, and

        WHEREAS, the City’s engineering estimates by Chazen for the cost of the work are in
        line with the low bid submitted by Rifenburg Construction, Inc., and

        WHEREAS, Chazen Engineering has completed a review of Rifenburg Construction Inc.’s
        bid including unit prices provided and the qualifications of the company to perform the
        work; and

        WHEREAS, on June 1, 2011, Chazen Engineering provided the City of Glens Falls a
        letter recommending that the bid submitted by Rifenburg Construction, Inc., in the amount of
        $1,139,651, be accepted as the lowest most responsive and responsible bidder;

        NOW THEREFORE BE IT RESOLVED, that Common Council hereby awards a
        construction contract for the above referenced contract to Rifenburg Construction, Inc.
        with corporate offices located at 159 Brick Church Road, Troy, NY 12180 in the amount
        of $1,139,651; and

        BE IT FURTHER RESOLVED, that the Common Council hereby authorizes the Mayor
        to execute a construction contract between the City of Glens Falls and Rifenburg
        Construction, Inc. in the amount of $1,139,651 contingent on receipt of approval for the
        New York State Department of Transportation (City having received project approval from
        the Federal Highway Administration)

Roll call vote taken on the foregoing resolution resulted as follows:
AYES: Councilman-at-Large Hall, Councilwoman Villa-White, Councilmen Busch,
Watson, Brock and Driscoll.
NAYS: None.
Said resolution declared Adopted.


        RESOLUTION NO. 222

        RESOLUTION AUTHORIZE CHANGE ORDER FOR PROFESSIONAL SERVICES TO CHAZEN
         ENGINEERING TO SUPPORT THE SOUTH STREET STREETSCAPE IMPROVEMENTS
                                PROJECT (P.LN. 1758.86)

        On the motion of Councilman Busch, seconded by Councilman Watson, it was

        WHEREAS, on May 26th, 2011, 5 bids were received for the South Street
        Project; and
        WHEREAS, the City of Glens Falls has awarded a construction contract for the
        above referenced project, and
        WHEREAS, due to additional requirements during construction as a result of
        funding requirements by Federal Highway Administration and NYS DOT, Chazen
        Engineering has requested to increase their contract value to account for staffing
        the construction phase with a full time resident engineer; and
Pg. 14
Common Council
06/14/11
        WHEREAS, Chazen Engineering has provided the City of Glens Falls with a
        proposal that outlines that additional costs to provide a resident engineer as well
        as the additional tasks the resident engineer will provide; and
        WHEREAS, the City of Glens Falls has reviewed Chazen Engineer’s request to
        increase their contract value to provide additional construction administration
        services by including a resident engineer for the construction phase of the
        project;
        NOW THEREFORE BE IT RESOLVED, that Common Council hereby approves
        a change order increase for Chazen Engineering under task 6a (in construction
        administration ) in the amount of $61,900.00, (from $12,500 to $74,400) that
        includes providing a full time resident engineer during construction as
        recommended by Federal Highway Administration and NYS DOT; and
        BE IT FURTHER RESOLVED, that the Common Council hereby authorizes the
        Mayor to execute this change order increase between the City of Glens Falls and
        Chazen Engineering in the amount of $61,900.00.
Roll call vote taken on the foregoing resolution resulted as follows:
AYES: Councilman-at-Large Hall, Councilwoman Villa-White, Councilmen Busch,
Watson, Brock and Driscoll.
NAYS: None.
Said resolution declared Adopted.


        RESOLUTION NO. 223

        On the motion of Councilman Busch, seconded by Councilman Watson, it was

        RESOLVED THAT, the Common Council hereby authorizes the City Attorney to
        execute the attached Stipulation of Settlement for the 2009, 2010 real property
        tax litigation for F.H. OPCO, LLC involving Tax ID Number 310.5-6-1.

Roll call vote taken on the foregoing resolution resulted as follows:
AYES: Councilman-at-Large Hall, Councilwoman Villa-White, Councilmen Busch,
Watson, Brock and Driscoll.
NAYS: None.
Said resolution declared Adopted.

Old Business

Councilman-at-Large Hall stated ―Jimmer Jam‖ is scheduled for Thursday, 6/23.
They’ve got a lot of enthusiasm going. The Civic Center is working closely with them.
They’ve received some thing from the Fredette family for a silent auction. Jimmer’s
trophies will be on display. They’ll have give0aways and basketballs for sale. Press
coverage so far has been great – they’ve been all over the internet and in local TV
stations. They think it’s going top be a great event.

Councilman Busch thanked the Glens Falls Police Dept. and NYS Police for the great
job they did in the William Street situation. He thought it was handled perfectly and the
outcome was good. Kudos to our Police Dept., their staff and the NYS Police.
Pg. 15
Common Council
06/14/11
Councilwoman Villa-White noted Thursday is the second ―Look and See‖ trolley tour
beginning at 8:30 AM at Aimee’s Dinner and a Movie. They’ll be showing off the stock of
real estate available in the City.

Councilman Watson stated it’s the Council’s last meeting before the retirement of Police
Chief Joe Bethel. He thanked him for his service to the City.

Councilman Driscoll stated there was a Town Hall meeting at Big Cross School with
Lauren Stack from the Assessor’s Office who did a great job.

New Business
Mayor Diamond stated they have an addendum to the facility agreement they have with
the Town of Moreau. It’s a 10-year agreement with the first payment due upon the
purchase of 300,000 gallons and they have until 2014 to make that acquisition, in three
payments. If they don’t need the capacity and we have a customer for that we have the
right to that capacity. They have a business model for growth, encompassing 10 years
and they want the capacity if they need it. It’s a good deal for the City of well over $2M.
Hopefully the Council will ratify this addendum tonight.
Councilman Brock asked how the rate of $2.89 per gallon compared to others?
Mayor Diamond replied that’s a pretty good number for Glens Falls, compared to some
of their other customers.
Councilman Watson stated they currently purchase 190,000 gallons per day and they’re
looking to add 800,000?
Mayor Diamond replied yes. If Queensbury buys their full capacity the City will have
only 800,000 gallons in sewer capacity left. He will be speaking with Hudson Falls and
Fort Edward about their capacity needs but transmission lines are the issue.
Councilwoman Villa-White read the proposed resolution as follows: Resolution
authorizing the Mayor to enter into an ―addendum to Facility Agreement‖ by and
between the City of Glens Falls Water and Sewer Commission and the Town of Moreau
to increase the amount of reserved wastewater treatment capacity at the Glens Falls
Wastewater Treatment Plant by the Town of Moreau.


        RESOLUTION NO. 224
        On the motion of Councilman Busch, seconded by Councilman-at-Large Hall,
                                 ADDENDUM TO FACILITY AGREEMENT

        THIS ADDENDUM to Facility Agreement is entered into and effective as of       __2011,
        by and between the BOARD OF WATER AND SEWER COMMISIONERS OF THE
        CITY OF GLENS FALLS, a New York municipal corporation with its office at 2
        Shermantown Road, Glens Falls, New York (the ―CITY‖) and the TOWN OF MOREAU,
        a New York municipal corporation with its offices at P.O. Box 1349, South Glens Falls,
        New York 12803-1349 (the ―TOWN‖) and serves as an amendment to the Facility
        Agreement between the CITY and the TOWN which was originally entered into on
        September 14, 1994 (the ―Facility Agreement‖).
Pg. 16
Common Council
06/14/11
        WHEREAS, pursuant to the Facility Agreement, the Town has purchased and
        received 190,000 gallons per day capacity of wastewater flow in the Wastewater
        Treatment Facility Plant (―WWTP‖), operated and maintained by the CITY; and
        WHEREAS, the Town has requested from the City an additional 1,000,000 gallons per
        day ―Reserved Capacity‖ at the WWTP and the City has approved the Town’s request;
        and
        WHEREAS, the parties hereto desire to enter into this Addendum to the Facility
        Agreement (―Addendum‖) for the purpose of memorializing their agreement for the
        purchase by the Town of the additional Reserved Capacity at the WWTP;

        NOW, THEREFORE, IT IS HEREBY UNDERSTOOD AND AGREED;
        1.       Facility Agreement Provisions: This Addendum shall govern in the
        event of any conflict with the provisions of the Facility Agreement. All provisions of the
        Facility Agreement, including the defined terms specified therein, that are not
        superceded by this Addendum, remain in full force and effect and apply to this
        Addendum.

        2.      Additional Capacity: For a period of ten (10) years following the effective
        date of this Addendum, and which ten (10) year period expires on the tenth (10th)
        anniversary date of the effective date of this Addendum, the Town’s aggregate Reserved
        Capacity specified in Section 10.02 of the Facility Agreement, representing the
        Maximum Monthly Arithmetic Mean (MAM) daily flow of wastewater shall increase by
        1,000,000 gallons per day; provided, however, that the Town exercises its right to such
        additional Reserved Capacity in the purchase increments or in the aggregate as set forth
        in Schedule A annexed hereto and incorporated herein. During the term of this
        Addendum, the Town shall have the right to prepay any remaining total aggregate
        Reserve Capacity. The purchase price of the Reserve Capacity for the first purchase
        increment in Schedule A is $2.89 per gallon per day which equates to a purchase
        price for the initial purchase of 300,000 gallons per day of $867,000. Thereafter, the
        purchase price for the remaining purchases as set forth in Schedule A shall be adjusted
        by applying the consumer price index (CPI) of June 2011 to the CPI on the date of the
        second and third purchase increments respectively and making adjustments to the
        purchase price. Therefore the corresponding purchase prices for the June 1, 2017
        purchase increment and the June 1, 2021 purchase increment as set forth in Schedule A
        are for estimation purposes only. The Town shall continue to make all other payments to
        the City as required by the Facility Agreement. Notwithstanding the foregoing, after June
        1, 2014 or at anytime thereafter during the term of this Addendum, the City may, by
        written notification to the Town, inform the Town that it intends to utilize all or any portion
        of the remaining Reserved Capacity for other purposes. Upon receipt of such
        notification, the Town shall have one hundred twenty (120) days to pay the City for
        the amount of Reserved Capacity (based upon $2.89 per gallon per day and as
        adjusted by applying the CPI at that time and as provided for in this paragraph), the
        City seeks release of and pursuant to the City’s written notification. In the event the
        Town does not pay the City for such Reserved Capacity within one hundred twenty (120)
        days of receipt of the written notification, the amount of the Reserved Capacity set forth
        in the City’s written notification shall be released from this Addendum and the Town shall
        have no further right or obligation with respect to such amount of the Reserved Capacity
        released to the City. In such event, whatever amount of Reserved Capacity remains
        available to the Town under this Addendum shall be added to or subtracted from, as the
        case may be, the 400,000 gpd increment with the purchase date of on or before June 1,
        2021.
Pg. 17
Common Council
06/14/11
        3.      Entire Agreement: This Addendum to the Facility Agreement represents the
        entire understanding of the parties with regard to the subject matter hereof, and
        supercedes any prior oral or written agreements relating thereto. The Facility Agreement
        and this Addendum may be modified only by a written instrument signed by the parties
        hereto.
        IN WITNESS WHEREOF, the parties hereto have signed this Addendum as of the
        Effective Date.
                                            SCHEDULE A
                                    ADDENDUM TO FACILITY AGREEMENT

        Purchase Increment Date            Gallon Per Day (gpd)                Remaining Aggregate
                                              Increment with                      Purchase Price
                                       Corresponding Purchase Price                after Purchase

        On or before June 1, 2014           300,000 gpd -$867,000                      $2,023,000

        On or before June 1, 2017           300,000 gpd - $867,000*                    $1,156,000*

        On or before June 1, 2021           400,000 gpd - $1,156,000*                      $0.0

        * Amount to be adjusted by applying CPI in accordance with paragraph 2 of the
          Addendum to arrive at the actual corresponding purchase price.

Roll call vote taken on the foregoing resolution resulted as follows:
AYES: Councilman-at-Large Hall, Councilwoman Villa-White, Councilmen Busch,
Watson, Brock and Driscoll.
NAYS: None.
Said resolution declared Adopted.

Councilman Busch stated he stopped in to see Water and Sewer Commissioner John
Morphis who has been taken ill. He’s sure he’s going to come back He brought that
he’s given the City of Glens Falls 37 years on the Water and Sewer Board. He was
appointed to the Board by Mayor Bob Cronin. He has seen quite a bit happen. He
wishes John well in getting back quickly.

Mayor Diamond added that Mr. Morphis had given a lot of time to the Housing Authority
also and was on the School Board for Abraham Wing.

Councilwoman Villa-White stated she is grateful the incident on William Street ended
with no one being hurt thanks to the Police, Fire and all involved in keeping it to an
uneventful time on William Street.

Councilman Driscoll stated he spoke with Evelyn Wood, Supervisor from the Town of
Thurman the other day about the situation there. He believes the estimates for the
damage are close to ten times what Thurman’s annual budget is. He was proud to hear
that possibly the first phone call she received from a municipal official was from the
Mayor’s Office. That type of character and reaching out to our neighbors throughout the
region reflects well on everyone in the City and points out the fact that we’re serious
about trying to work through this economic situation by working together. A sincere
communication was made and he thanks the Mayor for making that phone call.

Pg. 18
Common Council
06/14/11


        RESOLUTION NO. 225

        On the motion of Councilman Busch, seconded by Councilman Watson, all voting
        affirmatively, it was

        RESOLVED THAT, the Common Council hereby adjourns the June 14, 2011
        meeting.


				
DOCUMENT INFO
Shared By:
Categories:
Tags:
Stats:
views:10
posted:11/21/2011
language:English
pages:18