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GLENS FALLS COMMON COUNCIL

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GLENS FALLS COMMON COUNCIL Powered By Docstoc
					                             CITY OF GLENS FALLS
                                     COMMON COUNCIL
                                           May 11, 2010
                                        MEETING MINUTES

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

Absent: None.

Also Present: City Attorney Ronald Newell, Robert Curtis, City Clerk, Edward
Bartholomew, Economic/Community Development Director, TV-8 and The Post Star.

Mayor Diamond opened the meeting. There were no comments from the public or
Committee Reports.


       RESOLUTION NO. 150

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

       RESOLVED THAT, the Common Council hereby approves the minutes of the
       April 27, 2010 meeting of the Glens Falls Common Council.


       RESOLUTION NO. 151

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

       RESOLVED THAT, the Common Council hereby approves the April, 2010
       monthly reports of the City Clerk/Parking Violations Bureau and the Department
       of Building & Codes/Plumbing.


       RESOLUTION NO. 152

       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 using City Parks and recreational venues as recommended by the
       Recreation Commission:

       1)      June 26, 2010, 8 AM-5 PM, Adirondack Car Enthusiasts – Crandall Park.

       2)      June 30, 2010, 9 AM-11 PM, Adirondack Drums - East Field.

       3)      June 28, 7/5, 7/12, 7/19, 2010, 6-9 PM – Concert Band – Crandall Park.

       4)      Aug. 2, 9, 16, 23, 2010, 6-9 PM, Jazz Band – Crandall Park.
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05/11/10
        5)      May 31, 2010, 10 AM, Memorial Day Parade & Remembrance Ceremony -Crandall Park.


        RESOLUTION NO. 153

        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, including those using City streets, as recommended by the Board of
        Public Safety:

        1.       Fireworks displays at East Field by the Golden Eagles Baseball team on June 6, June
                 28, June 29 and July 12, 2010, contingent upon the Golden Eagles obtaining fireworks
                 permits from the Glens Falls Fire Department for each event and providing certificates of
                 insurance naming the City of Glens Falls as an additional insured covering each event.

        2.       Coin Drops for American Legion Baseball on Saturday June 12 and Sunday, June
                 13, 2010 9 a.m. to 2 p.m. at the corners of Sanford and Ridge, Sanford and Bay and
                 Sanford and Glen Streets.

        3.       A Block Party on Sheridan Street and the closure of Sheridan St., between Austin Street
                 and Goodman Avenue, 3 to 7:30 p.m., Saturday, June 12.

        4.       The closure of Murray Street Hill for the Glens Falls Soapbox Derby, Saturday, June 5,
                                                           th
                 2010 with a rain date of Sunday, June 6 , contingent upon the Derby providing the
                 City with a certificate of insurance naming the City of Glens Falls as an additional
                 insured and further contingent upon obtaining cooperation of National Grid and Finch
                 Paper for the alternate access route for Finch deliveries.

        5.       The Memorial Mile Road Race on Monday, May 31, 2010 on Glen Street commencing
                 9:40 a.m. at the Wood Theatre and traveling north to Crandall Park.

        6.       The closure of Pearl St., Lawrence to Maple, Maple St., Center to Bay, Ridge St. and
                 Washington to Centennial Circle, to assemble the Memorial Day Parade on Monday,
                        st
                 May 31 , from 8-10 AM, Glen St. for the Parade and Fire Road beginning at 11:30 AM for
                 the Remembrance Ceremony.

        7.      The Adirondack Drums DCI Competition on June 30, 2010, 9 a.m. until 11 p.m. at
                East Field Stadium.


        RESOLUTION NO. 154

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

        RESOLVED THAT, the Common Council hereby approves a Block Party and
        the closure of Hunter Street between Sagamore and Cooper Streets, from 1 - 7
        PM. on Monday, May 31, 2010.

Councilman Watson stated he would like Item #7 pulled.
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Councilman Driscoll stated he would like Item #23 pulled.

        RESOLUTION NO. 155

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

        RESOLVED THAT, the Common Council hereby approves an Encroachment
        Permit for a canopy over the Glen Street sidewalk in front of Aeon Nexus, 174
        Glen Street.

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. 156

        On the motion of Councilman Busch, seconded by Councilwoman Villa-White,
        WHEREAS the Glens Falls Fire Department is in receipt of check no. 1085 from
        Northway Auto in the amount of One Hundred Fifteen dollars ($115.00) for the
        sale of a 1992 Chevy Caprice by the Fire Department,

        BE IT RESOLVED, that the Common Council hereby authorizes the Controller’s
        Office to increase General Fund Expense Account (A23410-4352) (Motor
        Vehicle Repair Parts by $115.00 and increase A009999 2650 (Sale of Scrap) by
        $115.00.

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. 157

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

        WHEREAS the Glens Falls Fire Department has upgraded their computer
        system as part of their electronic EMS billing program; and

        WHEREAS this has necessitated a change in internet providers; now


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        BE IT RESOLVED that the Common Council hereby authorizes the Controller’s
        Office to increase General Fund Expense Account A23410-4479 (Other
        Contracted Services) by $1,700 and decrease General Fund Expense Account
        A23410-2500 (Other Equipment) by $1,700 to cover the monthly service fees.

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. 158

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

        WHEREAS, the City of Glens Falls has received an insurance check in the
        amount of $1,880.00 from Preferred Mutual Insurance for a street light
        replacement damaged by a motor vehicle;

        NOW, THEREFORE BE IT RESOLVED, that the Common Council hereby
        authorizes the Controller’s Office to increase General Fund Revenue Account
        A009999-2680 (Insurance Recovery) by $1,850 and increase General Fund
        Expense Account A23310-4374 (Electrical Supplies) by $1,850.

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. 159

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

        WHEREAS, the City of Glens Falls has received an insurance check in the
        amount of $2,500.00 from Allstate Insurance Company for a street light
        replacement damaged by a motor vehicle;

        NOW, THEREFORE BE IT RESOLVED, that the Common Council hereby
        authorizes the Controller’s Office to increase General Fund Revenue Account
        A009999-2680 (Insurance Recovery) by $2,500 and increase General Fund
        Expense Account A23310-4374 (Electrical Supplies) by $2,500.

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.
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05/11/10
Said resolution declared Adopted.

        RESOLUTION NO. 160

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

        RESOLVED THAT, the Common Council hereby approves placement of a
        crosswalk across South Street between Elm Street and Glen Street, as
        recommended by the Glens Falls Board of Public Safety.

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. 161

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

        RESOLVED THAT, the Common Council hereby authorizes the Controller’s
        Office to increase General Fund Revenue Account A009999-3098 (Forfeiture
        and Crime Proceeds) by $3,895.41 and increase General Fund Expense Account
        A23126-4479A (Seized Assets – State – GFPD) by $3,895.41.

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. 162

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

        RESOLVED THAT, the Common Council hereby approves the renewal of an
        Encroachment Permit for Raul’s Mexican Grill, 162 Glen Street, for outdoor
        dining at the corner of Glen Street and Hudson Avenue, through May 31, 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.
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05/11/10
        RESOLUTION NO. 163

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

        RESOLVED THAT, the Common Council hereby approves Community
        Development Housing Rehabilitation Application 09-111-01, in the amount of
        $19,340.

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. 164

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

        WHEREAS, the City of Glens Falls is in the process of undertaking streetscape,
        infrastructure improvements on South Street as part of the South Street Improvement
        Project; and

        WHEREAS, the Common Council awarded a contract to Chazen Engineering on June
        23, 2009 for professional design and engineering services totaling the amount of
        $61,150.00 associated with infrastructure improvements for the South Street
        Improvement Project; and

        WHEREAS, the scope of the South Street Project (design, construction and
        oversight) has been expanded due to increased funding from Senator Schumer
        (NYSDOT) in the amount of $974,000.00;

        NOW THEREFORE, BE IT RESOLVED, the Common Council hereby authorizes
        the Mayor to sign an amendment to an agreement with Chazen Engineering for
        supplemental engineering services for the South Street Improvement Project, for an
        additional cost of $123,300.00.

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. 165

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

Pg. 7
Common Council
05/11/10
        RESOLVED THAT, the Common Council hereby approves a sub-recipient
        agreement between the City of Glens Falls and Village Green Apartments for a
        gazebo in the amount of $10,000, with funding provided through the City of Glens
        Falls Office of Community Development.

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. 166

        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 $19,692.56.

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. 167

        DETERMINATION THAT THE REPLACEMENT OF 970 FEET OF EXISTING STORM SEWERS
          IN A RESIDENTIAL NEIGHBORHOOD BETWEEN CHESTER STREET AND SANFORD
                 STREET IS A TYPE II ACTION UNDER SEQR REGULATIONS.

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

        WHEREAS, the City of Glens Falls through the City Engineer’s Office has designed and
        developed a storm water improvement project consisting of the replacement of 970 feet
        of existing storm sewer between Chester Street and Sanford Street; and

        WHEREAS, the “project” is considered to be a Type II Action under Section 617. 5 C2
        of the SEQR Regulations and is therefore not subject to review under the SEQR
        Regulations;

        NOW, THEREFORE BE IT RESOLVED, that the Common Council hereby determines
        the replacement of 970 feet of existing storm sewers in the residential neighborhood
        between Chester Street and Sanford Street is a Type II Action under SEQR regulations
        and therefore this project is not an action subject to review under SEQR.

Roll call vote taken on the foregoing resolution resulted as follows:
Pg. 8
Common Council
05/11/10
AYES: Councilman-at-Large Hall, Councilwoman Villa-White, Councilmen Busch,
Watson, Brock and Driscoll.
NAYS: None.
Said resolution declared Adopted.


        RESOLUTION NO. 168

                  A RESOLUTION APPROVING AN INCREASE IN THE ORIGINAL MAXIMUM
           AMOUNT TO BE EXPENDED FOR THE CSO MITIGATION PROJECT IN AND FOR THE CITY OF
                      GLENS FALLS, WARREN COUNTY, NEW YORK, TO $819,215.00
                AND AUTHORIZING THE ISSUANCE OF $644,255.00 BONDS OF SAID CITY TO
                                PAY A PART OF THE COST THEREOF.

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

        WHEREAS, the Common Council of the City of Glens Falls, Warren County, New York, has
        previously approved the increase to the capital budget for the Combined Sewer Overflow Long
        Term Control Plan Mitigation Project, and other incidental costs in connection therewith, at an
        aggregate maximum estimated cost of $175,000.00; and

        WHEREAS, it is now desired to authorize an increase in the amount to be expended for said
        project and to provide for the financing thereof; and

        WHEREAS, the Board of Water & Sewer Commissioners (the “Board”) upon recommendation of
        the City Engineer, finds that the project is necessary for the continued operation of the City’s
        sewer system;

        NOW, THEREFORE BE IT RESOLVED, by the affirmative vote of not less than two-thirds of the
        total voting strength of the Common Council of the City of Glens Falls, Warren County, New York,
        as follows:

        Section 1. The study phase of the CSO Mitigation Project is hereby authorized at a new
        maximum estimated cost of $819,255.00

        Section 2. It is hereby determined that the plan for the financing for the of the aforesaid estimated
        cost shall consist of the issuance of

                 (a) by $175,000.00 of serial bonds of said City previously authorized therefore by bond
                 Resolution 92 of 2009; and

                 (b) by $644,255.00 of additional serial bonds hereby authorized to be issued therefore
                 pursuant to the provisions of Local Finance Law.

        Section 3. It is hereby determined that the period of usefulness of the aforesaid specific object
        or purpose is 40 years, pursuant to subdivision 4 of paragraph a of Section 11 .00 of the Local
        Finance Law, calculated from the date of issuance of the first bond anticipation note issued for
        said specific object or purpose. It is hereby further determined that the maximum maturity of the
        bonds herein authorized will exceed five years.

Roll call vote taken on the foregoing resolution resulted as follows:
Pg. 9
Common Council
05/11/10
AYES: Councilman-at-Large Hall, Councilwoman Villa-White, Councilmen Busch,
Watson, Brock and Driscoll.
NAYS: None.
Said resolution declared Adopted.


         RESOLUTION NO. 169

         RESOLUTION AUTHORIZING THE CREATION OF A CAPITAL PROJECT FOR THE ENTIRE
          SOUTH STREET REHABILITATION AND INFRASTRUCTURE PROJECT WITH A TOTAL
                            PROJECT COST OF $1,722,000.

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

         WHEREAS, the estimated cost of this entire rehabilitation project including the
         previously approved South Street storm sewer separation of $425,000 is
         $1,722,000; and

         WHEREAS, the reimbursed cost are expected to be $1,622,000;

         NOW THEREFORE BE IT RESOLVED, that the Common Council hereby
         authorize the creation of a capital project for all work related to South Street
         rehabilitation and infrastructure with a total Project cost of $1,722,000.

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. 170

           A RESOLUTION AUTHORIZING THE ISSUANCE OF $1,722,000 FOR THE SOUTH STREET
            REHABILITATION AND INFRASTRUCTURE CAPITAL PROJECT INCLUDING STORM
          SEWER SEPARATION FOR THE CITY OF GLENS FALLS, WARREN COUNTY, NEW YORK,
                                  TO PAY THE COST THEREOF.

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

         WHEREAS, the Common Council of the City of Glens Falls, Warren County, New York, has
         previously approved the South Street Storm Sewer Separation Capital Project, and other
         incidental costs in connection therewith, at a aggregate maximum estimated cost of $425,000.00;
         and

         WHEREAS the Common Council has been previously approved an amended South Street
         rehabilitation and infrastructure capital project totaling $1,7222,000 including the storm sewer
         separation cost of $425,000; and



Pg. 10
Common Council
05/11/10
        WHEREAS, it is now desired to authorize the maximum amount to be expended for said
        improvement and to provide the financing thereof;

        NOW, THEREFORE, BE IT RESOLVED, by the affirmative vote of not less than two-thirds of the
        total voting strength of the Common Council of the City of Glens Falls, Warren County, New York,
        as follows:

        Section 1.     The planning, design, engineering and construction of South Street infrastructure
        improvements including storm sewer separation in and for the City of Glens Falls, Warren County,
        New York, including incidental costs and improvements, is hereby authorized at a maximum
        estimated cost of $1,722,000

        `Section 2. It is hereby determined that the aforesaid purpose constitutes a Type II action as
        defined under the SEQR regulations of the State of New York which, by definition, will not have a
        significant adverse impact upon the environment.

        Section 3. The plan for the financing of such maximum estimated cost is by the issuance of
        $1,722,000 bonds of said City hereby authorized to be issued therefore pursuant to the 'provisions
        of the Local Finance Law.

        Section 4.      It is hereby determined that the period of probable usefulness of the aforesaid
        specific object or purpose is 40 years, pursuant to subdivision 1 of paragraph a of Section 11.00
        of the Local Finance Law.

        Section 5.       The faith and credit of said City of Glens Falls, Warren County, New York, are
        hereby irrevocably pledged for the payment of the principal and interest of such bonds as the
        same respectively become due and payable. An annual appropriation shall be made in each year
        sufficient to pay the principal of and interest on such bonds becoming due and payable in such
        year. There shall annually be levied on all the taxable real property of said City, a tax sufficient to
        pay the principal of and interest on such bonds as the same become due and payable.

        Section 6.     Subject to the provisions of the Local Finance Law, the power to authorize the
        issuance of and to sell bond anticipation notes in anticipation of the issuance and sale of the binds
        herein authorized, including renewals of such notes is hereby delegated to the Controller, the chief
        fiscal officer. Such notes shall be of such terms, form and contents, and shall be sold in such
        manner, as may be prescribed by said Controller, consistent with the provisions of the Local
        Finance Law.

        Section 7.      All other matters except as provided herein relating to the bonds herein authorized
        including the date, denominations, maturities and interest payment dates, within the limitations
        prescribed herein and the manner of execution of the same, including the consolidation with other
        issues, and also the ability to issue bonds with substantially level or declining annual debt service,
        shall be determined by the Controller, the chief fiscal officer of such City. Such bonds shall contain
        substantially the recital of validity clause provided for in Section 52.00 of the Local Finance Law,
        and shall otherwise be in such form and contain such recitals, in addition to those required by
        Section 51.00 of the Local Finance Law, as the Controller shall determine consistent with the
        provisions of the Local Finance Law.

        Section 8. The validity of such bonds and bond anticipation notes may be contested only if:

Pg. 11
Common Council
05/11/10


           1)       Such obligations are authorized for an object or purpose for which said City is not
                    authorized to expend money, or

           2)       The provisions of law which should be complied with at the date of publication of
                    this resolution are not substantially complied with, and an action, suit or
                    proceeding contesting such validity is commenced within twenty days after the
                    date of the publication, or

           3)       Such obligations are authorized in violation of the provisions of the Constitution.

           Section 9.      This resolution shall constitute a statement of official intent for purposes of Treasury
           Regulations Section 1.150-2. Other than as specified in this resolution, no monies are, or are
           reasonably expected to be, reserved, allocated on a long term basis, or otherwise set aside with
           respect to the permanent funding of the object or purpose described herein.

           Section 10. This resolution, which takes effect immediately, shall be published in summary form
           in the official newspaper of said City (The Post Star) designated for such purpose, together with a
           notice of the City Clerk in substantially the form provided in Section 81.00 of the Local Finance
           Law.

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. 171

           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 #2010-09 dated 05/11/10 and approved by the Purchasing
           Officer be ordered and paid and charged to their respective accounts:

                   A General Fund ----------------------------------------- $    89, 165.21

                   E01 GGFTS Operations & Maintenance ---------- $                 1, 202.36

                   E02 GGFTS Capital ------------------------------------ $       2, 517.65

                   F Water Fund ---------------------------------------------$    18, 220.80

                   G Sewer Fund ------------------------------------------- $    125, 262.17

                   H2 City Landfill Closure ------------------------------- $     18,133.20

                   ID Henry Street Pump Station Project ------------- $           48,655.36

Pg. 12
Common Council
05/11/10
                 IR Bay Street Rehab Project ------------------------- $   2,817.12

                 IS Wilkie-Keenan Dams Rehab Project ----------- $         7,626.20

                 IU Halfway Brook Rehab Project -------------------- $     7,106.42

                 IV Water Street Pump Station ------------------------ $    2,477.50

                                  WARRANT TOTAL:                 $323, 183.99

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.

Mayor Diamond stated Item #7 is a resolution approving a temporary encroachment
permit for Casey’s Painting Company to allow placement of scaffolding along the east
side of Glens Falls National Bank to facilitate painting the structure.

Councilman Watson stated his concern is not necessarily this project, but the way we
give out Encroachment Permits for the downtown business district in particular. For
instance, Aeon Nexis building on Glen Street that had the scaffolding, the plastic wrap
and the bank sign on it all winter. He would like to see them promote a quicker recovery
of projects like that and this particular project, where they want to paint the building. He
stated further that the request is vague – where will the scaffolding be placed – along
the entire entrance on the sidewalk and for how long. They haven’t received much back-
up on this they don’t know how big of a project this is. They’re coming into the summer
season and have the “Have a Seat in Glens Falls” campaign going on soon – he’d hate
to have construction projects clogging up the sidewalks. They could at least encourage
businesses owners to use a quicker and less imposing method to take care of their
buildings. It’s something they need to consider for the future.

Councilman Busch stated he realizes the Council approves the encroachments for the
summer for the restaurants, but he doesn’t know if they’ve ever okayed construction
before. Is something that just has to be cleared by Buildings and Codes and it’s alright
or have they done this in the past?

Mr. Curtis replied that it has varied. As suggested by the City Attorney, in this instance
and in others they are trying to reel all of this in – the Encroachment Permits. An
encroachment by definition is something that will take up space on a sidewalk. In this
case the applicant indicated he was going to try to do this job as quickly as possible. He
couldn’t have a starting date because of the approval now needed by the Common
Council. He doesn’t think this is a major project.
Councilman Busch pointed out that it states the “east side of the property”, which is the
back.
Pg. 13
Common Council
05/11/10


Mayor Diamond stated in the future if it’s believed to be a project of a certain magnitude
they could require them to come here and explain it.

Councilman Brock stated with regards to the plastic wrap, he thinks it gets people
excited - it’s an advantage for the City. It’s good advertising. He stated further that
Glens Falls National has always been a good corporate citizen – he doesn’t think they
need to be brought in to explain something like this. He’s sure they’ve already talked
about what we’re discussing.

Councilman Driscoll stated it will be a couple of days, according to the application.

Mr. Curtis stated they have been advised to leave space open on the sidewalk for
pedestrians.

Councilwoman Villa-White asked if the requests are compared up against a calendar of
events downtown in the City?

Mr. Curtis replied no. When John Ward is aware of a pending encroachment he directs
the person requesting the encroachment to the Clerk’s Office to begin the
Encroachment Permit procedure. The restaurants who want outdoor seating are sent a
letter reminding them to renew. Otherwise, it’s when whoever comes through the door
and makes the request.

Councilman Watson stated he would encourage people to renovate, but in the City of
Saratoga they don’t allow any construction work to happen during the Track Season,
and everyone knows that. Not that we have as busy a season as they do for those 6
weeks, but downtown is a very busy place during the summer and he doesn’t want that
ruined. He suggested John Ward review this request and if it’s something that’s going to
last more than 2 weeks, it’s something they should review more.

Mayor Diamond stated they would reach out tomorrow to Casey’s Painting to find out
exactly the details and timing.



           RESOLUTION NO. 172

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

           RESOLVED THAT, the Common Council hereby approves a temporary
           Encroachment Permit for Casey’s Painting Company to allow placement of
           scaffolding along the east side of Glens Falls National Bank to facilitate painting
           the structure.
Pg. 14
Common Council
05/11/10
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.

Mayor Diamond stated Item #23 is a resolution authorizing an update of the Economic
and Fiscal Impact Study of the Glens Falls Civic Center and authorizing the City of
Glens Falls to share in the cost of said study with the city’s share to be $6,166.06.

Councilman Driscoll stated he received the information today about this. He would like
the Council to take the opportunity to share information with Mr. Bartholomew -
questions and concerns and mold some of the questions and things that the study is
going to be looking at. The last study was done in 2003-2004 and a lot has changed
since then.

Councilman Brock stated when they did the previous study they talked about the
amount of expenditures at the County and indirectly about what was going on in the
City. They weren’t explicit. So he asked to have them to look at how much in sales
occurs in the City and how much sales tax revenue comes from that to compare the
two. One of his criticisms of that study is that it said it was a $9.68M economic impact to
the region. When you boil that down it comes to $30,000 in sales tax is all the City got
from all the activity. The State got money, the County got money and Queensbury got
$60,000. The big thing for him is that $375,000 should be coming from the business
community. Some of the businesses have put in but a lot of them haven’t and they need
to step up because it basically benefits them, not the tax payers when there is a deficit
of $700,000. They need to bring that down for the Civic Center to be a great benefit to
the City and profitable in terms of bringing in new businesses and generating a life. How
many small cities have our kind of hometown atmosphere and a Civic Center - 14,000
people can’t afford $700,000 in a deficit.

Mayor Diamond stated the point of the study is that the City has changed dramatically
over the last 8 years. The study was done on a baseline from 2001 with a deficit at the
time of $1.4M. He believes they’re down to a subsidy including a management fee of
$666,000, plus $82,000 if they get a bonus, or $700,000. They want to be able to
identify what the Civic Center does for local businesses. They’ve had a solid year with a
tenant for 40 nights and new events brought in. We want to see where we stand and
hopefully it will be a benchmark they can use to evaluate their performance for the
future. We want to see directly the impact on our local business people.

           RESOLUTION NO. 173

                RESOLUTION AUTHORIZING AN UPDATE OF THE ECONOMIC AND FISCAL
            IMPACT STUDY OF THE GLENS FALLS CIVIC CENTER AND AUTHORIZING THE CITY
                  OF GLENS FALLS TO SHARE IN THE COST OF SAID STUDY WITH THE
Pg. 15
Common Council
05/11/10
                                    CITY’S SHARE TO BE $6,166.06.

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

           WHEREAS, the City authorized an economic and fiscal impact study of the Glens
           Falls Civic Center during the period of November 2002 through April 2003; and

           WHEREAS, this study was conducted by ConsultEcon, Inc.; and

           WHEREAS, nearly eight years has transpired since this review and report was
           undertaken; and

           WHEREAS, considerable changes have occurred during this time period (Global
           Spectrum is now operating the facility and American Hockey League has
           returned to the building); and

           WHEREAS, an updated report would be helpful in the review of the impacts of
           Civic Center and the continued efforts to promote the City and region; and

           WHEREAS, the cost of this update will be prorated among the City, Greater
           Glens Falls Local Development Corporation and Glens Falls Industrial
           Development Agency;

           NOW, THEREFORE BE IT RESOLVED, that the Common Council hereby
           approves the commencement of the update at a cost to the City of $6,166.66;
           and

           BE IT FURTHER RESOLVED, that the Council Common hereby authorizes the
           Mayor to sign the proposed agreement with ConsultEcon, Inc.

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 with regards to their effort to bring BYU to the City,
Jimmer Fredette is going back to college so the game on December 8 th is on.

Mayor Diamond stated the contracts are all signed – the deal is done, but it’s premature
to say anything about the ticket sales.

Councilman-at-Large Hall stated they would be calling on the expertise of the State
Basketball Tournament people to help them with ticket sales.


Pg. 16
Common Council
05/11/10


Councilman Watson stated with regards to Item #10 – the replacement of one of the
Sternberg lights – he noted they are only receiving 75% of the cost.

Mr. Curtis stated the other 25% had been recouped from the other driver’s insurance
company.

Councilman Watson stated Michelle Vara was here a couple of weeks ago about
placing a piece of her artwork in City Park – he would like to see that happen.

Councilman-at-Large Hall questioned whether City Park was the right place for it with
all the events they have and suggested Crandall Park.

Councilman Watson pointed out that since the removal of trees there is a lot of open
space in City Park, noting LARAC would not be on the grass or any other event this
year so this year it should be ok. The piece is not that big.

Mayor Diamond stated they could be setting a precedent as far as how many pieces of
artwork can City Park handle as well as the liability issue.

Councilman Brock asked would be making the choice of pieces to be put in the Park in
the future?

Mayor Diamond suggested a workshop to discuss the matter.

Councilman Watson stated he would like to explore that so they can move on it – if not
for this year then maybe for next year.

Councilman Watson stated with regards to the recent articles about the Police
Department’s policy on tasers - he doesn’t feel the Police are out there to use them
when they don’t need to. The gentleman spearheading the effort to have tasers banned
from use by the Glens Falls Police Dept. he believes was tasered, didn’t like it and feels
those at the bars downtown are being singled out. He doesn’t think that’s the case. It
appears recently that the activities downtown have become more aggressive and our
Police Department has to respond to them. He believes they should give the Police the
benefit of the doubt to know when to use them. He stated further that they just
authorized spending $1.7M to update South Street. If we’re going to spend that kind of
money but continue to let activities take place that are currently taking place weekend
after weekend, into the future, they’re just wasting the money. Bar owners need to be
more responsible in not serving people who are clearly highly intoxicated. He applauds
the City Attorney’s Office for taking action on these bars that have accumulated a
number of points. He doesn’t feel they’re being heavy-handed. If they don’t take care of
South Street Glens Falls is not going to look like an inviting community.
Pg. 17
Common Council
05/11/10
He stated further that South Street is called the Street of Dreams, the Mayor calls it the
Street of Opportunity, but right now it’s literally the Street of Nightmares and not a great
place to be. He hopes they continue their efforts to work with the businesses on South
Street so they can look to improve South Street overall.

NEW BUSINESS

Councilman Driscoll stated he would like to commend DPW for their quick work in
clearing three trees that came down due to the storm this past Saturday. They were
blocking access to downtown from his Ward. They had to coordinate with National Grid
and everything was cleaned up by the next morning. He stated upcoming events at the
Civic Center include Monster Trucks, 5/14 and 15; Alice in Chains, 5/19; ACC
Graduation on 5/20; Curious George on 6/1 and 6/2; World Team Tennis on 7/9 and
Slayer/Megadeth on 8/11.



           RESOLUTION NO. 174

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

           RESOLVED THAT, the Common Council hereby adjourns the May 11, 2010
           meeting.


				
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