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					                               CITY OF GLENS FALLS
                                    COMMON COUNCIL
                                       February 27, 2007

A Public Hearing was held at 7:25 pm on Tuesday, February 27, 2007 in the Common
council Chambers, City Hall, 42 Ridge Street, Glens Falls, New York, 12801 regarding
Glens Falls Civil Service rule changes.

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

Also Present: City Attorney Ronald Newell, Deputy City Attorney James LaPann,
Water & Sewer Supt./City Engineer, Steve Gurzler, The Post Star and TV-8.

Mayor Akins opened the Public Hearing. There were no comments from the public. He
opened the regular meeting at 7:30 PM.

PUBLIC COMMENT

Anne Lassell, 18 Towpath Ln., addressed the Council with regards to her high water
and sewer bill. She stated she has lived in Glens Falls for 1 year and 2 months and
didn’t use as much as her neighbor did and paid more. She stated she understands that
there was an approach made to Queensbury to buy water from them. She thinks that’s
a good idea and hopes the Council will investigate it.

Don Harrington, 24 Basin St., addressed the Council. He stated the DPW Dept. did a
great job with his sewer problem and taking care of the water. It looks 100% better He
knows there is still more work to be done. He stated they also did a good job on the
Murray Street Playground – taking down the trees, hopefully it will get put back in order.

Ann Parrish, a property owner and Chair of the Downtown Events Committee
addressed the Council on the importance and need for the Downtown Manager’s
position. It takes a lot of manpower to put on an event downtown and they’re trying to
also grow their businesses. She suggested City officials spend some time with the
retailers downtown to find what is needed for them from the position. She urged the
Council to fill the position as soon as possible.

Carla Cave, 90 Webster Ave, stated she would like to echo what Ann just said. She is
currently sitting on the committee that is pulling off the basketball event. She can
guarantee that there has been a lot of time put into it, on top of full time jobs. She is
afraid people will end up spending so much time on one event that they won’t step up to
the plate to help with another and they’re going to lose a lot of talented people that way.
She believes it’s crucial for the City to fill the position as quickly as possible.

Pat Wright, 48 Grant Ave., addressed the Council regarding parking problems
downtown, especially handicapped parking spaces. The last two times he was
downtown the handicapped space in front of Aimee’s was filled with a car without a
handicapped tag or plate. He called the police about it. Today, it was filled again. He
stated if the business owners want people to come downtown they should look outside
once in a while to se what is happening.
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Common council
02/27/07
He noted that although all the parking spaces on the main streets are full, no one is in
the stores or on the sidewalks. Who is in those parking spaces – the business owners,
their employees and the lawyers.

Councilman-at-Large Diamond asked for a moment of silence in memory of Michael
Scarselletta, who passed away recently. He was a resident of Ward One, a dedicated
member of the Board of Public Safety and involved with labor relations and negotiations
with Finch Pruyn for many years, but he thinks he will most be remembered as a
committed family man.

Mayor Akins then addressed the meeting’s agenda.


       RESOLUTION NO. 76

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

        RESOLVED THAT, the Common Council hereby approves the minutes of the
        February 13, 2007 meeting.


        RESOLUTION NO. 77


        On the motion of Councilman Busch, seconded by Councilman Brock, all voting
        affirmatively,

        WHEREAS, the City of Glens Falls, through its Office of Community
        Development, has received funding from the New York State Housing Trust
        Corporation (HTFC), in the amount of $400,000.00; and

        WHEREAS, funding for this program has been provided by a grant from the NYS
        Housing Trust Fund Corporation (HTFC) using federal funds from the United
        States Department of Housing & Urban Development (HUD) under the HOME
        Investment Partnerships Program;

        WHEREAS, these guidelines and procedures have been prepared in compliance
        with rules established by HUD and published as 24 CFR Part 570;

        NOW, THEREFORE, BE IT RESOLVED, that the Common Council hereby
        approves the City of Glens Falls Home Improvement Program Guidelines and
        Administrative Procedures Manual.


        RESOLUTION NO. 78

        RESOLUTION APPROVING PROPOSED CHANGES TO LOCAL CIVIL SERVICE RULES AND
        REGULATIONS FOR THE CITY OF GLENS FALLS. RULE XII (CERTIFICATION), RULE XIV
        (PROBATIONARY TERM), RULE XVIII (REINSTATEMENT) AND RULE XXIII
        (CLASSIFICATION PLAN).
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02/27/07
        On the motion of Councilman Busch, seconded by Councilwoman Villa-White,

        WHEREAS, the City of Glens Falls Personnel Officer wishes to Amend the Text of the City of
        Glens Falls Civil Service Rules and Regulations as recommended by The New York State
        Department of Civil Service and pursuant to a Merit Administration Review done in 2005; and

        WHEREAS, such changes will assist the City of Glens Falls to come into compliance with Civil
        Service Law;

        THEREFORE, BE IT RESOLVED THAT, the Glens Falls Common Council does hereby
        approve the changes to Local Civil Service Rules and Regulations for the City of Glens
        Falls, Rule XII (Certification), Rule XIV (Probationary Term), Rule XVIII (Reinstatement) and
        Rule XXIII (Classification Plan) as follows:


        Civil Service Rule XII Certification:
DELETE:
     3.          Failure to Respond to a Canvass Inquiry

                 When an eligible is canvassed for appointment or is offered appointment in writing and
                 fails to state his/her willingness to accept such an appointment with in five business days
                 after the mailing of such canvass or offer, he/she may be considered ineligible when
                 making selection for such particular appointment.
ADD:

       3.        Failure to Respond to a Canvass Inquiry

                 When an eligible is canvassed for appointment or is offered appointment in writing and
                 fails to state his/her willingness to accept such appointment within four business days
                 after the mailing of such canvass or offer, he/she may be considered ineligible when
                 making selection for such particular appointment. When an eligible fails to respond to
                 two successive canvass letters, his/her name shall be restricted from further
                 certification from the eligible list. Thereafter, the eligible may request that his/her name
                 be restored to active status on such list, provided the list is still in existence. The
                 eligible's name may be restored to active status on such list if the Personnel Officer in
                 his/her discretion determines that the reasons for the previous non-response are
                 satisfactory.

Rule XIV (2) Probationary Term

DELETE:

       2.   a.   Interdepartmental promotions and transfers

                 An interdepartmental promotion or transfer means a promotion or transfer from a position
                 in one department to a position in another department. Every interdepartmental
                 promotion or transfer shall be for a probationary term of twelve weeks. If the conduct or
                 performance of the probationer is not satisfactory, his employment in such position shall
                 be discontinued at the end of such term. For the purposes of this subdivision, the term
                 “promotion” shall include the appointment of an employee to a higher grade position in
                 the non-competitive or exempt class.

ADD:

       2.   a. Transfers to Positions in the Same Civil Division
Pg. 4
Common council
02/27/07
                 Every transfer from a position to another in the same civil division shall require a
                 probationary term of not less than a minimum of eight weeks nor more than twenty-six
                 weeks. If the conduct or performance of the probationer is not satisfactory, employment
                 in such position may be terminated at any time after the completion of the minimum
                 period of probation, and on or before the completion of the maximum period of
                 probation.

        2.   b. Transfers to Positions Under Different Appointing Authorities in Different Civil
                       Divisions

                 Every transfer from a position in one civil division to a position in another civil division
                 shall require a probationary term of not less than a minimum of eight weeks up to a
                 maximum of twenty-six weeks. If the conduct or performance of the probationer is not
                 satisfactory, employment in such position may be terminated at any time after the
                 completion of the minimum period of probation, and on or before, completion of the
                 maximum period of probation. The Personnel Officer shall advise the prospective
                 transferee in writing prior to approval of the transfer that an eight to twenty-six week
                 probationary term is required and must be successfully completed to obtain pe rmanent
                 status in the position to which transfer is sought. The prospective transferee shall be
                 advised it is his/her responsibility to request a leave of absence from the releasing
                 agency. Unless the prospective transferee obtains a leave of absence, the releasing
                 agency is not required to hold a position to return to should the probationary period not
                 be successfully completed.


        Rule XVIII Reinstatement

DELETE:

             1. a) A permanent employee who has resigned from his/her position may be reinstated
                without examination within four years from the date of such resignation in the position
                from which he/she resigned, if then vacant, or in any vacant position to which he/she was
                eligible for transfer or reassignment. In computing the four year period within which a
                person may be reinstated after the resignation, the day the resignation takes effect, any
                time spent in active service in the military or naval forces of the United States or of the
                State of New York, and any time served in another position in the civil service of the
                same municipality shall not be considered. In an exceptional case, the Personnel Officer
                may, subject to the approval of the State Civil Service Commission, for good cause
                shown and where the interests of the government would be served, waive the provisions
                of this rule to permit the reinstatement of a person more than four years after resignation.
                For the purpose of this rule, where an employee on leave of absence resigns, such
                resignation shall be deemed effective as of the date of the commencement of such leave.

                 b) An employee that is laid off from the civil service of a municipality shall be eligible for
                    reinstatement in the same manner as an employee who had resigned.

             2. Refusal or failure to accept reinstatement from preferred list.

                 a) Relinquishment of eligibility for reinstatement. The failure or refusal of a person on a
                 preferred list, after reasonable notice, to accept reinstatement there room to his former
                 position, or any similar position in the same salary grade for which such list is certified,
                 shall be deemed to be a relinquishment of his eligibility for reinstatement, and his name
                 shall thereupon be stricken from such preferred list. The name of such person may be
                 restored to such preferred list, and certified to fill such appropriate vacancies as may
                 thereafter occur, only upon the request of such person and his submission of reasons
                 satisfactory to the Personnel Officer for his previous failure or refusal to accept
                 reinstatement.
Pg. 5
Common council
02/27/07
                 b) Effect of refusal to accept reinstatement to lower grade position. A person on a
                 preferred list shall not be deemed to relinquish his eligibility for reinstatement there from
                 by reason of his failure or refusal to accept reinstatement to a position in a lower salary
                 grade than the position from which he was suspended or demoted. The name of such
                 person may be withheld from further certification for reinstatement to a position in the
                 same or a lower salary grade than the position to which he failed or refused to accept
                 reinstatement.

                 c) Restoration to eligibility for reinstatement not to affect previous appointment. The
                 restoration of the name of a person to a preferred list, or his restoration to eligibility for
                 certification there from to positions in a lower salary grade than his former position, shall
                 not invalidate or in any manner adversely affect any appointment, promotion,
                 reinstatement or demotion previously made to any position to which such person would
                 otherwise have been eligible for reinstatement from such preferred list.

ADD:

        1.       Reinstatements

                 a. A permanent competitive class employee who has resigned may be reinstated
                 without further examination to the position from which he/she resigned, if then vacant,
                 or in any vacant position to which the employee was eligible for transfer or
                 reassignment. An employee who is laid off shall be eligible for reinstatement in the
                 same manner as an employee who had resigned.

        All reinstatements are subject to the following terms and conditions:

                         i.    The prospective appointing authority must request approval from the
                               Personnel Officer to reinstate an individual.

                         ii. A reinstatement may not be approved to a position for which a preferred list
                              exists containing the name of an eligible willing to accept appointment.

                         iii. With the exception of an employee who is being reinstated to his/her former
                               position within one year from resignation, a reinstatement may not be
                               approved to a position for which a promotion eligible list exists containing
                               the names of three or more eligible’s willing to accept appointment.

                         iv. The Personnel Officer shall determine if the reinstatement is for the good of
                              the service.

                         Reinstatement following a break in service of more than one year must also
                         satisfy the following additional conditions:

                         i.    The appointing authority must provide documentation or explanation that
                               demonstrates to the satisfaction of the Personnel Officer that the individual
                               requested to be reinstated possesses current knowledge and skill in the
                               occupational field to which reinstatement is sought.

                         ii.   If the position to which reinstatement is sought requires successful
                               completion of medical and/or physical agility tests for original appointment,
                               the individual being reinstated must satisfy these criteria immediately prior
                               to reinstatement.

                       b.        An employee that is laid off from the civil service of a municipality shall
                       be eligible for reinstatement in the same manner as an employee who had
                       resigned.

       2.    Refusal or Failure to Accept Reinstatement From a Preferred List
Pg. 6
Common council
02/27/07

                         a. Preferred list eligibility shall continue for four years.

                         b. The failure or refusal of a person on a preferred list, after
                         reasonable notice, to accept reinstatement to his/her former
                         position, or any similar position in the same salary or salary
                         grade for which such list is certified, shall be deemed to be
                         a relinquishment of his/her eligibility for reinstatement, and
                         his/her name shall be stricken from such preferred list. The
                         name of such person may be restored to such preferred list
                         and certified to fill appropriate vacancies as may occur only
                         upon the request of such person and his/her submission of
                         reasons satisfactory to the Personnel Officer for his/her
                         previous failure or refusal to accept reinstatement.

                         c. A person on a preferred list shall not be deemed to relinquish his/her
                         eligibility for lower salary grade than the position from which he/she was
                         suspended or demoted. The name of such person may be withheld from further
                         certification for reinstatement to a position in a lower salary grade than the
                         position to which he/she failed or refused to accept reinstatement.

                         d. The restoration of the name of a person to a preferred list, or his/her
                         restoration to eligibility for certification to positions in a lower salary grade than
                         his/her former position, shall not invalidate or in any manner adversely affect
                         any appointment, promotion, reinstatement or demotion previously made to any
                         position to which such person would otherwise have been eligible for
                         reinstatement from such preferred list.

                 Rule XXIII Classification Plan

DELETE:

                 2.       The Personnel Officer shall prepare and maintain a list of class titles and class
                 specifications for all positions in the classified service of the civil division and shall
                 allocate all such positions to an appropriate class.

ADD:

                 2.   The Commission's Duties and Responsibilities for Position Classification:

                         a.      The Personnel Officer shall classify and reclassify all positions in the
                                 civil service of all municipalities under its jurisdiction.

                         b.      The Personnel Officer shall prepare and maintain job classification
                                 specifications for each class of positions in the competitive, non-
                                 competitive and labor jurisdiction classes and establish appropriate
                                 minimum qualifications for each class.

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

        RESOLUTION NO. 79
Pg. 7
Common council
02/27/07
        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 Code A00-9999-2626 (Forfeiture and
        Crime Proceeds) by $1,724.76 and to increase General Fund Expense Account
        A2-3125-4479A (Seized Assets –Federal) by $1,724.76.

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

        RESOLUTION NO. 80

        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 Code A009999-27066 (DARE
        Revenue) by $270 and to increase General Fund Expense Account A22989-
        4479A (DARE Program) by $270.

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

        RESOLUTION NO. 81

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

        RESOLVED THAT, the Common Council hereby approves Health Insurance
        stipend due on December 31, 2006 for Union and Non-union employees and
        authorizes the Controller’s Office to increase Transit Fund Expense Account
        E14-5630-1000 (Personal Services) by $750; to increase Transit Fund Expense
        Account E14-5630-8000 (FICA) by $57.38 and to decrease Transit Fund
        Expense Account E18-9060-8000 (Hospitalization) by $807.38.

Roll call vote taken on the foregoing resolution resulted as follows:
AYES: Councilman-at-Large Diamond, Councilwoman Villa-White, Councilmen Busch,
Watson, Brock and Driscoll.
NAYS: None.
Said resolution declared Adopted.

Pg. 8
Common council
02/27/07
        RESOLUTION NO. 82

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

        RESOLVED THAT, the Common Council hereby schedules Public Hearings at
        7:15 p.m. on Tuesday, March 13 and at 7:15 p.m. on Tuesday, May 8, 2007
        regarding the City of Glens Falls Community Development Block Grant Action
        Plan for 2007.

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

        RESOLUTION NO. 83

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

        RESOLVED THAT, the Common Council hereby approves Community
        Development Rehabilitation Grant Application No. 06-58-04 in the amount of
        $20,000.

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

        RESOLUTION NO. 84

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

        RESOLVED THAT, the Common Council hereby approves Community
        Development Rehabilitation Grant Application No. 06-37-07 in the amount of
        $3,340.

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

        RESOLUTION NO. 85
Pg. 9
Common council
02/27/07
        On the motion of Councilman Busch, seconded by Councilwoman Villa-White, it
        was

        RESOLVED THAT, the Common Council hereby approves the sub-recipient
        agreement between the City of Glens Falls Community Development Office and
        the Charles R. Wood Theater Inc., in the amount of $40,000.

Roll call vote taken on the foregoing resolution resulted as follows:
AYES: Councilman-at-Large Diamond, Councilwoman Villa-White, Councilmen Busch,
Watson, Brock and Driscoll.
NAYS: None.
Said resolution declared Adopted.


        RESOLUTION NO. 86

        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 $10,517.

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

        RESOLUTION NO. 87

        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 #2007-04 dated 02/27/2007 and approved by the Purchasing Officer be
        ordered and paid and charged to their respective accounts:

                 A General Fund ------------------------------------------------ $    95,070.46

                 E01 GGFTS Operations & Maintenance ----------------- $               2,028.51

                 CV Civic Center ------------------------------------------------ $   69,589.12

                             WARRANT TOTAL                         $ 166,688.09

Roll call vote taken on the foregoing resolution resulted as follows:
AYES: Councilman-at-Large Diamond, Councilwoman Villa-White, Councilmen Busch,
Watson, Brock and Driscoll.
NAYS: None.
Said resolution declared Adopted.

Pg. 10
Common council
02/27/07


OLD BUSINESS

Mayor Akins stated they have a resolution that would authorize the passing of the Water
and Sewer Budget.

Councilman Watson stated that he was gone last week, so he’s only heard of the
conversations that were had regarding the budget. He’d only read about the different
rates and increases discussed and doesn’t know where they’re at with it.

Mayor Akins stated they had a workshop last week with the Water & Sewer Board and
the Council. The official passing of the budget was put off until tonight and at this time
he would welcome a motion to pass the selected budget.

Councilman-at-Large Diamond asked if they’d made a decision on what rates to adopt
also?

Mayor Akins replied that would fall under the cubic feet that we discussed and the
recommended one is 3,000 cu. ft. For the 2007, 3,000 cu. ft. per quarter, as opposed to
the 3,400 cu. ft. which is the current billing practice, a quarterly bill for water rates and
sewer rents would be $153.55.

Councilman-at-Large Diamond asked the total tax increase amount?

Mayor Akins replied it’s a 19.8% increase.

Councilman-at-Large Diamond asked if that was the recommendation of the Water &
Sewer Board and the Mayor?

Mayor Akins replied yes, they needed to break it down because people were not using
what was previously the minimum – 3400 cu. ft. and people wanted them to bring it
down closer to what they’re actually using.


        RESOLUTION NO. 88

        On the motion of Councilman-at-Large Diamond, seconded by Councilman
        Watson, it was

        RESOLVED THAT, the Common Council hereby approves the Water and
        Sewer Fund Budgets for 2007 as follows:

                               Water Fund - $ 2, 485, 081.86
                               Sewer Fund - $ 4, 484, 254.65; and

        FURTHER, hereby establishes the following Water and Sewer Rates for
                 2007:
        Water Rates:

                 Non-meter Rate:                           $30.30 per billing
                 Meter Rate:                               $ 1.01 per 100 cu. ft.
Pg. 11
Common council
02/27/07
                 Minimum Meter Rates:
                                              1 ¼” and under    $ 30.30 per quarter
                                              1 ½”                  $ 60.60 per quarter
                                              2”            $ 83.83 per quarter
                                              3”            $ 133.32 per quarter
                                              4”                $ 229.00 per quarter
                                              6”                $ 392.89 per quarter

        Water usage minimum for residential customers, utilizing “1 ¼” and under” piping, is
        established at 3,000 cu. ft. per quarter.

        Water Capital charge established at $1.21 per $1000 of assessed value per year.

        Sewer Rates:

                 Non-meter Rate:                $66.90 per billing
                 Meter Rate:                    $ 2.23 per 100 cu. ft.

                 Minimum Meter Rates:
                                              1 ¼” and under     $        66.60
                            1 ½”                 $      133.80
                                              2”                 $       185.09
                                              3”                 $       294.36
                                              4”                 $       510.67
                                              6”                 $       867.47

        Sewer Capital charge established at $.93 per $1000 of assessed value per year.

        All customers are billed quarterly.

Roll call vote taken on the foregoing resolution resulted as follows:
AYES: Councilman-at-Large Diamond, Councilwoman Villa-White, Councilmen Busch,
Watson, Brock and Driscoll.
NAYS: None.
Said resolution declared Adopted.

Mayor Akins stated they have another resolution, given out at the beginning of the
meeting. The Water & Sewer Supt./City Engineer is requesting to submit a funding
application through CT Male, for the Luzerne Road Landfill, through the Clean Water
Program of the Environmental Facilities Corp. It would be a request for 25% of the
funding to add to the 75% funding they’ve had in the past to proceed with that program.
It’s not going to cost the City, except for the application to be processed.


        RESOLUTION NO. 89

                        RESOLUTION AUTHORIZING CWSRF APPLICATION
                          AND AGREEMENT FOR PROJECT FINANCING
                         NEW YORK CLEAN WATER SATATE REVOLVING FUND

        On the motion of Councilman Diamond, seconded by Councilwoman Busch,

        WHEREAS, The City of Glens Falls, herein called the “Applicant”, after thorough
        consideration of the various aspects of the problems and study of available data,
        has hereby determined that the project generally described as: Glens Falls
        Municipal Landfill at Luzerne Road and identified as CWSRF Project Number
Pg. 12
Common council
02/27/07
        C5-5548-03-00, herein called the “Project”, is desirable and in the public interest
        and to that end it is necessary that action preliminary to the construction of said
        Project be taken immediately; and

        WHEREAS, the United States, pursuant to the Federal Water Quality Act of 1987
        (as such may be amended from time to time, the ”Water Quality Act”), requires
        each State to establish a water pollution control revolving fund to be administered
        by an instrumentality of the state before the state may receive capitalization
        grants under the Water Quality Act; and

        WHEREAS, the State of New York has, pursuant to the State Water Pollution
        Control Revolving Fund Act, Chapter 565 of the Laws of New York 1989, as
        amended (the “CWSRF Act”) established in the custody of the New York State
        Environmental Facilities Corporation (the “Corporation”) a water pollution control
        revolving fund (the “Fund”) to be used for purposes of the Water Quality Act; and

        WHEREAS, the Corporation has been created, reconstituted and continued
        pursuant to the New York State Environmental facilities Corporation Act, as
        amended, being Chapter 744 of the Laws of 1970, as amended, and constituting
        Title 12 of Article 5 of the Public Authorities Law and Chapter 43-A of the
        Consolidated Laws of the State of New York, and constitutes a public benefit
        corporation under the laws of the State of New York, being a body corporate and
        politic with full and lawful power and authority to provide financial assistance from
        the Fund; and

        WHEREAS, the Corporation has the responsibility to administer the Fund and to
        provide financial assistance from the Fund to municipalities for eligible projects,
        as provided in the CWSRF Act; and

        WHEREAS, the CWSRF Act authorizes the establishment of a program for the
        financial assistance for planning, design and construction of eligible projects;

        NOW, THEREFORE, BE IT RESOLVED BY the City of Glens Falls Common
        Council as follows:

        1) The filing of an application for CWSRF assistance in the form required by the
           Corporation in conformity with the CWSRF Act is hereby authorized, including
           all understandings and assurances contained in said application.

        2) The following person is directed and authorized as the official representative
           of the Applicant to execute and deliver an application for CWSRF assistance,
           to execute and deliver the Project financing agreement and any other
           documents necessary to receive financial assistance from the Fund for the
           Project, to act in connection with the Project and to provide such additional
           information as may be required and to make such agreements on behalf of
           the Applicant as may be required: Leroy Akins, Mayor

        3) The official designated above is authorized to make application for financial
           assistance under the CWSRF Program for either short-term or long-term
           financing or both.
Pg. 13
Common council
02/27/07
        4)       One (1) certified copy of this Resolution shall be prepared and sent to the
                 New York State Environmental Facilities Corporation, 625 Broadway,
                 Albany, New York 12207-2997.

        5)       This Resolution shall take place immediately.

Roll call vote taken on the foregoing resolution resulted as follows:
AYES: Councilman-at-Large Diamond, Councilwoman Villa-White, Councilmen Busch,
Watson, Brock and Driscoll.
NAYS: None.
Said resolution declared Adopted.

Mayor Akins stated the next resolution is to accept the annual contract from Warren
County, for $50,000 for capital improvements and $100,000 for operation and
maintenance expenses of recreation facilities – East Field, the Civic Center and
Recreation Center Ice Rink. He stated this is the same contract the City has had with
the County since the late 70’s.

Councilman Brock asked for a copy of the resolution. He stated further that it’s not
good business to pass resolutions without their even seeing them, including the Water &
Sewer Budget.

Mayor Akins stated it just came up today. He can make copies for the Council. This is
the same $150,000 the County sends down every year for our recreational facilities.

Councilman Watson asked if they are in jeopardy of losing that money if the County
takes over East Field?

Councilman Busch replied yes – it would be in lieu of that. The amount hasn’t been
figured out yet. At the Shared Services Committee meeting last week he thinks they
talked about that. It’s all depending on what the County can do, budget-wise.


        RESOLUTION NO. 90

          AUTHORIZING AGREEMENT WITH WARREN COUNTY FOR CAPITAL IMPROVEMENTS
                       AND OPERATION AND MAINTENANCE FOR VARIOUS
                       CITY OF GLENS FALLS RECREATIONAL FACILITIES.

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

             RESOLVED THAT, Common Council hereby enter into an agreement with
             Warren County, under the following terms and conditions for 2007:

             1. The County will allocate up to Fifty Thousand Dollars ($50,000) for capital
                improvements to the Civic Center, East Field, and the Crandall Park Recreation
                Center Ice Rink;
Pg. 14
Common council
02/27/07


            2. The County will allocate up to One Hundred Thousand Dollars ($100,000) for
               operation and maintenance expenses or capital improvements associated with
               the Civic Center, East Field and the Crandall Park Recreation Center Ice Rink;

            3. That Warren County residents shall be permitted to use any facility for which
               County funds are provided at the same time and upon the same charges which
               apply to City of Glens Falls residents;

            4. That the City shall on a quarterly basis, and in concurrence with the Glens Falls
               County Supervisors, provide quarterly reports and invoice the County at that time
               for expenditures to be reimbursed under the contract and shall include therein
               the following:

                    A.      The particular facility and a general description of the capital improvements
                            and/or operation and maintenance expenditures for which reimbursement is
                            sought;

                    B.      The amount sought for reimbursement;

                    C.      A statement as to whether the expenditures were incurred for improvements
                            made and paid for in 2007; and

                    D.      A certification that the reimbursement requested is for one of the facilities
                            and in the amount provided for under the contract;

            5. That payment shall be made on a reimbursement basis only and only after the
               County receives the appropriate certification and/or reports provided for herein;

            6. That all documentation for payment shall be submitted to the Clerk of the Board
               of Supervisors, who shall review the same for purposes of ascertaining whether
               the documentation provided is consistent with the requirements of this resolution,
               and accordingly, the contract;

            7. That the City shall have sixty (60) days from the date of the execution of the
               agreement authorized by this resolution to provide the first claims for payment for
               the year 20907, and shall thereafter provide claims within thirty (30) days of June
               30th, September 30th and December 30th to claim funds pursuant to the terms of
               the contract for the quarters prior thereto; and

            8. That no funds shall be paid out under this contract unless and until a full and
               complete report of activities is rendered to the Warren County Board of
               Supervisors for the year 2006 for the previous contracts; and

        BE IT FURTHER RESOLVED, that the Mayor of the City of Glens Falls is hereby
        authorized and directed to execute an agreement with Warren County consistent
        with the terms and provisions set forth in the preambles of this resolution.

Roll call vote taken on the foregoing resolution resulted as follows:
AYES: Councilman-at-Large Diamond, Councilwoman Villa-White, Councilmen Busch,
Watson, Brock and Driscoll.
NAYS: None.
Said resolution declared Adopted.

Pg. 15
Common council
02/27/07


Councilman-at-Large Diamond stated he would like to recognize Bill Brown and his
people associated with events coordinating for his efforts and the fundraising they did to
assist with providing trolleys for the upcoming Basketball Tournaments. They put a lot of
time and effort into it. He would like to thank him for the effort he put into the project, it
was very important. He stated his second item is he received a call from a resident of
Lexington Ave. There is an individual on that street that has repeatedly violated Code
Enforcement issues. He was scheduled to appear in court in February and it was
rescheduled for March. He sat down with Mr. Ward and worked out a tentative plan and
responded back to the property owner. Once the individual does go to court, this would
be his second appearance, that the property would be continually monitored, on a
weekly basis, to ensure the property is kept cleaned up. The point he’d like to stress to
the Council is that there are several of these types of cases that occur throughout the
City on a monthly, bi-monthly or annual basis and we do spend a lot of money on the
efforts to bring these people to court. We pay for attorneys, the judge and the staff to
write out violations. It’s very costly to the City. He suggests keeping a list of repeat
offenders and take a look at the City Code to somehow clamp down harder on them so
they don’t take it for granted and allow the accumulation over 3-4 months to occur
again. He suggested the Council look at more stringent fines to wake these folks up. He
doesn’t know if they can levy the court costs on these people – that’s something to ask
the City Attorney. Once they see these people in court, we don’t want to see them back
there again for the same violation. He would like an opinion from the City Attorney at the
next meeting if there is something they can do legally to be a bit more heavy-handed
with these repeat offenders?

Attorney Newell replied that he would be happy to look into it.

Councilman-at-Large Diamond stated that he received calls from residents of Goodwin
Ave. and Union Ave. concerned about the snow banks. He would like to know when
those streets are scheduled to be cleared.

Mayor Akins replied the answer is tomorrow night.

Councilman-at-Large Diamond stated with regards to the Parker Avenue property, he
received a quote for a Phase One Environmental Study, calling for three tasks and a
final report, for a cost of approximately $4,446. They’re probably going to also be
looking for a Phase Two. He thinks it’s important to move forward with this, regardless
of what they do with the property they need to find out what is in the ground. The
Council agreed to support having an Environmental Impact Study done and this is a
local business in the community. He e-mailed a copy of the letter he got from the firm to
the Council. They also have in their possession the appraisal they asked for. Soon, they
can make an informed decision on what they want to do specifically with the property.

Councilwoman Villa-White asked Mr. Donohue if he got another quote?

Mr. Donohue addressed the Council. He replied that there were 2 resolution approved
by the Common Council – one of them called for a Phase One and the second called for
an engineering study. At the Mayor’s direction he contacted CT Male and took them on
a walk through of the facility and explained to them what it was that the Council wanted
– the Phase One and what they called a Property Condition Assessment,
Pg. 16
Common council
02/27/07
which is a basic engineering study to look at what is there mechanically, if there are any
asbestos issues, things like that. We even threw in a pre-demolition survey and
demolition specifications request. He had CT Male give him a price, Clough Harbour
Assoc. and North Country Engineering. At Councilman Diamond’s request he also sent
one to QEA, a local firm on 2/2, which he never heard back on. He’s gotten three prices,
the third just yesterday. CT Male was the lowest – they’ll do all three parts for $7,500.
Clough Harbour wanted $28,800 and North Country Engineering was $18,800. All three
firms were given a written scope of work and verbally told what we wanted done, ANSI
and OSHA standards were followed. It’s the pleasure of the Council whether they want
to proceed with this or just do a Phase One.

Councilman-at-Large Diamond stated he recalled the dialogue of the meeting and he
was responsible for getting the Phase One Environmental Study done. He asked QEA if
they had an engineer on staff who could meet the other criteria that Mr. Donohue mailed
to them and they said at that point in time they weren’t interested in doing that. Mr.
Donohue touched on the asbestos – he thinks that will be covered in the Phase One
Environmental.

Mr. Donohue stated that it would not be covered in a Phase One, because asbestos is
not a hazardous material. It’s a controlled substance that’s covered under the NYS
Labor Law, not the environmental laws.

Councilman Busch asked if CT Male had broken up the cost of each task?

Mr. Donohue replied no, it’s a lump sum price, for $7500.

Councilman-at-Large Diamond asked if that also includes a Phase II?

Mr. Donohue replied no. There will be no Phase II until it’s determined that there is in
fact some environmental concerns. He stated further that he had received nothing from
QEA.

Councilman-at-Large Diamond stated they’d told him they didn’t send it to you because
it was his responsibility to go out and find the Environmental Assessment – that was the
arrangement he had with the Council, apparently that changed under the Mayor’s
direction.

Mr. Donohue stated it was several weeks after they had that initial discussion and he
hadn’t heard back from him. They did have two resolutions on the table and at the
Mayor’s direction he moved on those.

Councilman-at-Large Diamond stated his recommendation would be to award it to QEA,
for the Phase I. From his perspective, he is willing and supportive of tearing the building
down.

Councilman Watson stated he would like to wait and review all of the bids Mr. Donohue
has before making a decision.

Councilman-at-Large Diamond suggested putting it on the agenda for the next meeting.
He stated further that any expenses they incur he would like to invoice the United States
Pg. 17
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02/27/07
Navy for reimbursement, especially if they get into demolition of the property. If the
building comes down we can approach our recent legislators and ask for help to fund
this situation. Looking at the appraisal they got on the property there is one suggestion
that they could build 10 houses on the property. They’re looking at an opportunity to
generate through the sale of the property additional revenue for the City and if homes
are built on the property it will have a positive impact on the tax base with property tax,
school tax and library tax. They could probably reap $300,000 and up on an annual
basis.

Councilman Driscoll suggested a workshop , since the City owns the building, with the,
which he chairs, to take a look at all of the proposals.

Councilman-at-Large Diamond replied yes, schedule a meeting.

An Architectural Oversight of City Buildings Committee meeting was scheduled for 3/6
at 6 PM in the Mayor’s Conference Room.

Councilwoman Villa-White thanked Ann Parrish for coming up and talking about the
position. She was at a meeting last evening of the Personnel Committee and were
pleasantly surprised that 25 people have applied for that position and 14 people have
applied for the economic development position. They are looking to the Mayor for first
interviews and they will continue with that process.

Councilman Brock stated he was speaking with Glens Falls businessman who said that
property taxes can be deducted from his income tax, but his accountant told him that
the assessment part of the water and sewer bill is billed so that you can’t do that. He
also said that most communities bill that on the property taxes so businesses and
individuals can deduct it from their income tax. It doesn’t affect our revenue, but it does
give the taxpayer a chance to deduct it from their income tax. For a large company that
would be quite a windfall, for most residents it wouldn’t be that much but every penny
counts. He thinks they should look into that.

Councilman Driscoll stated that he understood there would be a March workshop on the
roundabout, but hasn’t seen anything posted.

Mayor Akins replied that it’s scheduled for 3/7 at 6 PM at Heritage Hall.

Councilman Driscoll stated he’d also received a phone call from a resident confused
about the STAR program they had benefited from in the past. Apparently with some
STAR programs you don’t have to reapply every year and with others you do. He
suggested a mailing next year or something in the newspaper to explain the program to
the residents.

Mayor Akins stated that he would have Helen Otte look into that.

NEW BUSINESS

Councilman Driscoll stated there are three weeks of good basketball coming up here in
the City – please everyone go down to the Civic Center and support the tournaments.
Pg. 18
Common council
02/27/07


PUBLIC COMMENT

Christine Lee, 20 Arbor Dr., addressed the Council, stating she was confused about the
impact studies and asked if they are comparing apples to apples?

Councilman-at-Large Diamond replied he didn’t think so, no. It was not his
understanding they would have a preconstruction quote included. He thought the
consensus of the Council when it was passed that he would talk with QEA, because
he’d had some open dialogue with them. They were going to offer a consultation at no
charge to the City but apparently we changed course since that dialogue. He stated
further that if the Council has chosen to go in another direction, why don’t they put it on
the agenda and approve the lowest bid Mr. Donohue got.

Mayor Akins stated he doesn’t think they’ve changed course – they’ve followed the
course that was in the resolutions and passed by this Council. The companies are very
qualified and give us a thorough program. We have all of the information that the Navy
gave us. It’s our government and I believe in our government. We will do the best we
can with all of these studies that the Council will approve a contract for.

Harold Taylor, 6 Lake Ave., addressed the Council. He asked Mr. Donohue if the quote
he got from CT Male included a Phase I study?

Mr. Donohue replied yes.

Mr. Taylor stated they’re getting further towards the construction season and
contractors are looking for work. He asked since it’s most likely they’ll chose between
the three firms Mr. Donohue presented, if it were possible to act on this tonight?

Councilman-at-Large Diamond replied taking QEA out of the bidding process, since
they’re only interested in doing the environmental Phase I, that they’re down to the
lowest bidder and has no reason to believe they can’t act on this tonight and move
forward.

Mr. Taylor stated on another subject, he asked what the executive session was for?

Councilman-at-Large Diamond replied that the meeting has to do with DEC consent
requirements that they’re going to impose on the City for the repair of our dams. It’s
something they’ve been dealing with and applying for grants to impact the cost on the
taxpayers.

Mr. Taylor stated with regards to the City’s website – he has no idea how much they pay
for it and it does have a lot of capabilities but every time you get on it to look for
something, especially agenda and minutes of meetings, it’s no where up to date. He
asked if there is someone who has the responsibility to update the website?

Mayor Akins replied yes, there is but we also have many people who are involved in
everyday work that they have to do. So as quickly as they are done and given over to
the webmaster they are allowed to be put out.
Pg. 19
Common council
02/27/07


Mr. Taylor stated with most of the Boards’ meetings the latest minutes available are
from back in June and September. It’s difficult to find any history at all when you’re
looking it up. The website does have a lot to offer and it would be nice if you could find
that kind of information on there.

Mayor Akins replied that he would make sure they get it updated as quickly as possible.

Mr. Taylor stated with regards to the Naval Reserve Center, there was an article in The
Post Star this week having to do with the court finding a location to expand to. Buried in
the article it said that “the Supervisors also discussed the possibility of relocated the
court system and other departments to Monument Center, formerly known as the CAN
building”. They also bring up the fact that “the Naval Reserve Center on Parker Street is
still on the table” and that “City officials have not yet said whether they’re interested in
leasing it.” Mr. Taylor said further that the Mayor had said that the courts or the police
department would not be going into that facility. It might be a good idea to let John
Haskell at the County know because it appears they haven’t been told yet that the City
is not going to lease that to them for court space.

Mayor Akins replied that’s totally understood. It may not be understood by the media
writer. We are not going to be putting the police or the court in that building.

Councilman-at-Large Diamond stated that it appears they’re down to the lowest bidder
and he doesn’t feel a meeting is necessary because they do have three choices and are
required by Municipal Law to select the most cost effective choice to the City.

Councilman Driscoll stated he would retract the workshop meeting. He asked if the
proposal he received was consistent with the RFP?

Councilman-at-Large Diamond replied no. QEA is not interested in bidding on the entire
RFP they received.

Councilman Brock asked Mr. Donohue if it noted in the RFP when they can get this
done?

Mr. Donohue replied no, it’s not addresses, but he’s sure they can move on it as soon
as possible.


        RESOLUTION NO. 91

        On the motion of Councilman-at-Large Diamond, seconded by Councilman
        Watson, it was

        RESOLVED, that the Common Council hereby approves a proposal for
        professional services from CT Male Associates, P.C. associated with an
        evaluation of the former Naval Reserve Center on Parker Street, Glens Falls, to
        provide the following scope of services: 1) Phase I Environmental Site
        Assessment, 2) Property condition Assessment, 3) Pre-Demolition Survey,
        and 4) Demolition Specifications, for a lump sum price not to exceed $7,500.
Pg. 20
Common council
02/27/07
Roll call vote taken on the foregoing resolution resulted as follows:
AYES: Councilman-at-Large Diamond, Councilwoman Villa-White, Councilmen Busch,
Watson, Brock and Driscoll.
NAYS: None.
Said resolution declared Adopted.

Mayor Akins stated that he has changed the format of the agenda, but forgot about it at
the beginning of the meeting. Committee reports of the Council are going to be given at
that time, so they can bring everyone on the Council up to speed. He stated on the
County’s Shared Services Committee they’re moving with the collection of more
information to find out what it would take to have East Field fall under the control and
maintenance of Warren County Parks and Recs. The Shared Services Committee has
also authorized work through the Economic Development Corporation to be done to
ascertain the Civic Center’s operation to see if the red ink can be lowered and what kind
of operational ideas are out there, via various RFP’s as well as working on the South
Street revitalization program.

Councilman Driscoll stated he thinks Committee reports are an excellent idea.

Councilman-at-Large Diamond stated as the Chairman of the Electrical/Lighting
Committee, they haven’t had any meetings yet and he has nothing formally to report.

Mayor Akins stated he loves his antique lights that are coming into town.

Councilman-at-Large Diamond stated as a member of the Landfill Committee he was
approached by a businessman who would like to purchase our bagged grass, paying for
it by the cubic yard. He’d like to schedule another Committee meeting. It presents the
City with an opportunity to generate some revenue.

Mayor Akins stated they do have a conflict in that, but can discuss that in the Committee
process.

Councilman-at-Large Diamond stated that the RFP that was sent out causes them to
enter into a contract that doesn’t generate any revenue for the City. This guy is willing to
come in and buy it from us and take it away. They could generate revenue and get rid of
san eyesore.

Mayor Akins stated that’s why they have sub-committees to go into further discussion
and bring it forth.

Councilman Brock stated as Chairman of the Committee he will schedule a meeting.


        RESOLUTION NO. 92

        On the motion of Councilman Watson, seconded by Councilwoman Villa-White,
        all voting affirmatively, it was

        RESOLVED THAT, the Common Council hereby adjourns to executive session.
Pg. 21
Common council
02/27/07


Upon the Council’s return to regular session, the following resolution was passed.

        
        RESOLUTION NO. 93

        On the motion of Councilman Busch, seconded by Councilman Watson,
        WHEREAS, the Department of Environmental Conservation (DEC) has communicated with the
        City of Glens Falls that the City is in violation of several sections of the Environmental
        Conservation Law in relation to the five (5) dams located in the Town of Queensbury that are
        owned by the City of Glens Falls, and

        WHEREAS, the DEC has requested that the City sign an Order on Consent in Case No. R5 –
        20060609-627 which sets forth certain obligations of the City of Glens Falls to make certain
        engineering studies and designs and to construct improvements and renovations to the five dams
        on a certain time schedule that is set forth in said Order on Consent, and

        WHEREAS, the Glens Falls Water and Sewer Board has recommended that the Common
        Council approve the Order on Consent in its present form, and the Common Council and the
        Mayor have considered the Order on Consent, and have considered several options to proceed,
        and

        WHEREAS, the City of Glens Falls having considered several options and having received the
        recommendation of the Glens Falls Water and Sewer Board to approve the execution of said
        Order on Consent, and having determined that the renovations to the dams is in the best interest
        of protecting the source of water for the citizens of the City of Glens Falls and the safety of the
        citizens of the Town of Queensbury that live in the vicinity of the dams,

        NOW THEREFORE, the Common Council of the City of Glens Falls does hereby authorize the
        Mayor of the City of Glens Falls to sign the Order on consent in Case No. R5 – 20060609-627,
        under the condition that the DEC agrees to a significant decrease in the amount of the
        fine.

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

        RESOLUTION NO. 94

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

        RESOLVED, that the Common Council hereby adjourns the February 27, 2007
        meeting.


				
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