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GLENS FALLS COMMON COUNCIL

VIEWS: 11 PAGES: 18

									                               CITY OF GLENS FALLS
                                     COMMON COUNCIL
                                        February 9, 2010
                                        MEETING MINUTES

A Public Hearing was held at 7:15 p.m. on Tuesday, February 9, 2010 in the Common
Council Chambers, City Hall, 42 Ridge Street, Glens Falls, New York, 12801, with
regards to the CDBG Action Plan.

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

Absent: Councilwoman Judy Villa-White.

Also Present: City Attorney Ronald Newell, Edward Bartholomew,
Economic/Community Development Director, Robert Curtis, City Clerk, Bob Murray,
Shelter Planning & Dev., The Post Star , TV-8.

Mayor Diamond opened the Public Hearing.

Mr. Bartholomew and Mr. Murray addressed the Council.

Mr. Bartholomew explained the process for going forward with the next five-year Action
Plan, noting a summary of same was in the Council’s packets. He stated the Plan will
include housing rehabilitation anywhere in the City and infrastructure work – streets and
sidewalks in the First, Fourth and Fifth Wards.

Mr. Murray address the Council. He stated the Plan would be submitted in June after
outreach efforts have been completed via public meetings and hearings. He stated
further that the Community Development Office will continue to be the focal point for the
various activities undertaken through the Plan.

Councilman Brock asked if persons taking part in the First Time Homebuyer’s Program
can also take advantage of the Federal Government’s $8,000 homebuyer rebate?


Mr. Bartholomew replied yes.

Councilman-at-Large Hall asked about tracking the program’s successes from 5 years
ago.

Mr. Murray replied HUD does extensive monitoring of the program. The reporting
system to them is continual, basically to ensure the City does what we say we’re going
to do with the money, which we do and have received high marks from HUD for. He
added that in over 100 First Time Homebuyers participants, there has been only one
default.

Mayor Diamond closed the Public Hearing and opened the regular meeting.

Committee Reports
Pg. 2
Common Council
02/09/10


Councilman Busch stated they had a Technology Committee meeting last week. He and
Councilman Watson met with Police Officer Rob Ash. Officer Ash told them of the
importance of getting a caller recorder for the Police Dept. He asked Officer Ash to
explain it to the Council at the next meeting, along with presenting quotes for the device.
They would like to get this as soon as they can.

Councilman Watson stated the Personnel Committee will be meeting on 2/11 at 6 PM in
the Mayor’s Conference Room to discuss the contracts with the PBA and CSEA. It’s
open to anyone who would like to get involved.

Councilman Driscoll stated he and Mr. Bartholomew agreed that it is in the best interest
of the City to hold a series of public hearings in every Ward beginning the first week in
March, probably at the elementary schools and the Village Green Apartments. He
stated further that the Civic Center Committee will meet on 2/16 at 5:30 PM at the Civic
Center.

Mayor Diamond then addressed the resolutions.

Councilman-at-Large Hall stated he would abstain from voting on Item #3.


        RESOLUTION NO. 32

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

        RESOLVED THAT, the Common Council hereby approves January 26, 2010
        meeting of the Glens Falls Common Council.


        RESOLUTION NO. 33

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

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

        RESOLUTION NO. 34

            Resolution approving a proposal by Trampoline Design for signage at
            certain locations in the Central Business District promoting the state
                                    basketball tournament.

        On the motion of Councilman Busch, seconded by Councilman Watson, all voting
        affirmatively,
Pg. 3
Common Council
02/09/10
        Whereas, Trampoline Design came before the Common Council at a meeting in
        January, 2010 and made a presentation regarding signage at certain locations in
        the Central Business District promoting the state basketball tournament at the
        Glens Falls Civic Center; and

        Whereas, the state basketball tournaments are important events to the economy
        of the City of Glens Falls; and

        Whereas, the signage proposed is consistent with the general intent and
        purposes of the City of Glens Falls and its efforts to promote wholesome events
        within the City while enhancing business in its downtown corridor;

        Now therefore be it resolved, that the Glens Falls Common Council does
        hereby approve the proposal by Trampoline Designs for signage at certain
        locations in the Central Business District to promote the state basketball
        tournament.


        RESOLUTION NO. 35

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

        RESOLVED THAT, the Common Council hereby approves events using City of
        Glens Falls’ venues, streets and/or rights-of-way as recommended by the Board
        of Public Safety and the Recreation Commission as follows:

                 1)    Adirondack Water Fest – Haviland’s Cove, west side of front parking lot,
                       July 23, 2010, 10 AM – 4 PM.

                 2)    GF Symphony Orchestra concert and Fireworks, Crandall Park, July 4,
                       2010, 7:30 PM.

                 3)    JDRF Walk to Cure Diabetes, Crandall Park and City Streets, Sept. 12,
                       2010, 11 AM- 3 PM.

                 4)    Snowball Softball Tournament, Crandall Park, March 14, 2010, 8 AM- 6
                 PM.

                5)      Taste of the North Country, City Park and streets,September 25/26, 2010.


        RESOLUTION NO. 36

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

        WHEREAS, the City of Glens Falls Recreation Department and Recreation
        Commission is asking the Glens Falls Common Council for approval to allow
        Kilian Smith to proceed with his Eagle Scout project in Cole’s Woods; and
Pg. 4
Common Council
02/09/10
        WHEREAS, the project will be under the direction of the City of Glens Falls
        Recreation Department; and

        WHEREAS, the project will consist of adding new public benches and maps at
        various locations in Cole’s Woods; and

        WHEREAS, the project will begin in the spring of 2010 and be completed in the
        summer of 2010; and

        WHEREAS, the project will be paid for by Kilian Smith therefore costing the City
        no money;
        NOW, THEREFORE BE IT RESOLVED, that the Glens Falls Common Council
        does hereby approve the aforementioned project to allow Kilian Smith to proceed
        with his Eagle Scout project in Cole’s Woods.


        RESOLUTION NO. 37

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

        RESOLVED THAT, the Common Council hereby approves the request of the
        Glens Falls Recreation Department to apply for an annual $10,000 matching
        grant from the Warren County Youth Bureau, which would be used to pay for
        supplies, field trips and other needed items for the Summer Youth Program.

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

        RESOLUTION NO. 38

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

        RESOLVED THAT, the Common Council hereby approves a contract for a
        Curious George Live performance at the Glens Falls Civic Center on Tuesday,
        June 1 and Wednesday, June 2, 2010.

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

        RESOLUTION NO. 39

        On the motion of Councilman Busch, seconded by Councilman Driscoll, it was
Pg. 5
Common Council
02/09/10
        WHEREAS, Chapter 208 of the Code of the City of Glens Falls is designed to
        regulate Vehicles and Traffic in the City of Glens Falls and thereby affect the
        public health, safety and welfare of the residents and non-residents of the City of
        Glens Falls, and

        WHEREAS, in the interest of preserving the public health and safety of the
        residents of the City of Glens Falls, the Common Council finds that it is in the
        best interest of the City to reflect changes in the Code of the City of Glens Falls
        wrought by improvement to the downtown parking situation, pertaining to the
        McEchron House/Ridge Street parking changes, as recommended by the Glens
        Falls Board of Public Safety.

        NOW THEREFORE, the Common Council of the City of Glens Falls does hereby
        (i) accept and approve the content and form of the Local Law attached hereto as
        Exhibit “A”, (ii) schedule a Public Hearing on Tuesday, March 9, 2010 at 7:20
        p.m. in the Common Council Chambers, 3rd floor, City Hall, 42 Ridge Street,
        Glens Falls, NY 12801 with respect to such proposed Local Law prior to the
        confirmation of the final passage of such Local Law at the next meeting of the
        Common Council or the next regularly scheduled meeting of the Common
        Council held as soon after publication as herein directed as the Charter of the
        City of Glens Falls or the laws of the State of New York will allow and (iii)
        authorize the Clerk of the City of Glens Falls to take all actions necessary
        to publish notice of the Local Law utilizing the form of notice attached
        hereto as Exhibit “B”.

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

        RESOLUTION NO. 40

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

        WHEREAS, Chapter 208 of the Code of the City of Glens Falls is designed to
        regulate Vehicles & Traffic in the City of Glens Falls and thereby affect the public
        health, safety and welfare of the residents and non-residents of the City of Glens
        Falls, and

        WHEREAS, in the interest of preserving the public health and safety of the
        residents of the City of Glens Falls, the Common Council, following
        recommendation from the Glens Falls Board of Public Safety and Glens
        Falls Police Department, desires the City to restrict parking on the South
        side of South Street to provide parking in front of Pete’s Diner, 36 South
        Street. The restriction would be to make one parking pace in front of
        Pete’s Diner a handicapped parking space.

        NOW THEREFORE, the Common Council of the City of Glens Falls does
        hereby (i) accept and approve the content and form of the Local Law
Pg. 6
Common Council
02/09/10
        attached hereto as Exhibit “A”, (ii) schedule a Public Hearing on Tuesday,
        March 23, 2010 at 7:25 p.m. in the Common Council Chambers, 3rd floor,
        City Hall, 42 Ridge Street, Glens Falls, NY 12801 with respect to such
        proposed Local Law prior to the confirmation of the final passage of such Local
        Law at the next meeting of the Common Council or the next regularly scheduled
        meeting of the Common Council held as soon after publication as herein
        directed as the Charter of the City of Glens Falls or the laws of the State of New
        York will allow and (iii) authorize the Clerk of the City of Glens Falls to take all
        actions necessary to publish notice of the Local Law utilizing the form of notice
        attached hereto as Exhibit “B”.

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

        RESOLUTION NO. 41

                     Resolution authorizing a renewal of the City of Glens Falls’
                  agreement with the SPCA of Upstate New York for animal control
                                 services in the City of Glens Falls
                        with terms identical to the existing contract.

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

        Whereas, the City of Glens Falls is required to maintain animal control services
        to assure the health and safety of its residents and its animal stock; and

        Whereas, the City of Glens Falls has had an ongoing relationship with SPCA of
        Upstate New York for animal control services in the City; and

        Whereas, that relationship has been satisfactory and agreeable to both parties;

        Now therefore be it resolved, that the Glens Falls Common Council hereby
        authorizes the Mayor to renew the contract for the year 2010 with the SPCA of
        Upstate New York, at the same rate schedule as was paid for 2009.

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

        RESOLUTION NO. 42

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

        RESOLVED THAT, the Common Council hereby authorizes the Purchasing
        Officer to exercise the City’s option for its flower contract with Grasshopper
Pg. 7
Common Council
02/09/10
        Nursery for the 2010 season pursuant to the terms of Bid #CGF 09-12 with the
        addition of requested supplemental services in the amount of $350 bringing the
        contract renewal to a total of $8,950 for the 2010 season.

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

        RESOLUTION NO. 43

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

        WHEREAS the Glens Falls Fire Department is in possession of a 1992
        Chevrolet Caprice (VIN #1G1BL5379NW152619) which has been out of service
        (unregistered and uninsured) for over one year due to mechanical problems and
        has over 148,000 miles; and

        WHEREAS it has been determined that further financial investment in repairs
        would not be cost effective and its scrap value is less than $150.00;

        NOW BE IT RESOLVED, that the Common Council hereby authorizes the Fire
        Department to dispose of this vehicle by sale to an automobile salvage yard at a
        price to be determined by verbal quote.

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

        RESOLUTION NO. 44

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

        RESOLVED THAT, the Common Council hereby renews an Inter-municipal Agreement with the
        Town of Queensbury for Rosemary Sillero and the Meals on Wheels program, as follows:

                                       INTERMUNICIPAL AGREEMENT

        This Agreement is made as of the 15th day of December, 2008 by and between the Town of
        Queensbury, a municipal corporation with an address of 742 Bay Road, Queensbury, New York
        12804 (hereinafter the “Town”) and the City of Glens Falls, a municipal corporation with an
        address of 42 Ridge Street, Glens Falls, New York 12801 (hereinafter the “City”).

        WHEREAS, by Queensbury Town Board Resolution No.: 457,2007 and City of Glens Falls City
        Council Resolution No. 458 of 2007, the Town and City authorized an Intermunicipal Agreement
        to share the costs of employment for Rosemary Sillero, a food preparation worker for the Meals
        on Wheels Program, a program operated and administered by the Warren/Hamilton Counties
        Office of the Aging; and
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Common Council
02/09/10
        WHEREAS, since the Meals on Wheels Program services the aging in both the Town and the
        City, the Town and City have determined that it is in the best interests of the respective
        municipalities to maintain the employment of Ms. Sillero, thereby contributing to the proper
        functioning of this program for the aging; and

        WHEREAS, the Town and the City therefore wish to renew the terms of such Intermunicipal
        Agreement;

        NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL REPRESENTATIONS AND
        COVENANTS HEREIN CONTAINED, THE PARTIES HEREBY AGREE AS FOLLOWS:

        1. Employment.

        The Town agrees to employ Rosemary Sillero as a part time “Food Preparation Worker.”
        Ms. Sillero’s physical job location shall be at The Cedars-Meals on Wheels, 35 Evergreen Lane,
        Queensbury, New York 12804.

        2. Payment.

                 a. The parties agree that Ms. Sillero shall be paid $7.15 per hour for a maximum of 25
                 hours per week. The Town and City agree that the following shall representation the
                 salary and costs associated with the Town’s employment of Ms. Sillero:

                         $ 9,295.00 Salary
                         $ 712.00 Medicare/Social Security
                         $ 35.00 Workers Compensation (0.36%)
                         $ 5.00 Disability (0.0475%)
                         $ 837.00 Retirement (9.0% if elected by employee)
                         $ 10,884.00 TOTAL

                 b. The City agrees to contribute to the salary and costs associated with the Town’s
                 employment of Ms. Sillero in the amount of Five Thousand Four Hundred Forty Two
                 Dollars ($5,442.00). Said amount shall be paid by the City to the Town on a quarterly
                 basis, commencing approximately three months after the actual hire date.

                          i. In the event that Ms. Sillero does not elect to participate in the Town’s
                 retirement program, the City shall contribute to the salary and costs associated
                 with the Town’s employment of Ms. Sillero in the amount of Five Thousand
                 Twenty Three Dollars and 50/100 ($5,023.50).

                        ii. In the event that the Federal Minimum Wage increases, the City agrees to
                 reimburse one-half (1/2) the applicable Minimum Wage, plus benefits.

        3. Term.

        This Intermunicipal Agreement shall be effective on the 1st day of November, 2008 and shall
        terminate on the 1st day of November, 2009.

        4. Waiver.

        The failure by any party to require strict performance of the terms of this Agreement or to exercise
        any option in any instance shall not be construed as a waiver or a relinquishment for the future of
        such term or option or any other term or option, but the same shall continue in full force and
        effect.
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02/09/10
           5. Notices.

           Any notice or other information required to be provided hereunder shall be either delivered
           personally or mailed by certified mail, return receipt requested, to the respective addresses set
           forth above.

           6. No Assignment.

           This Agreement shall not be assigned by any of the parties hereto.

           7. Modification or Amendment.

           This Agreement shall not be modified or amended except by written agreement signed by the all
           of the parties hereto.

           8. Severability.

           Should any one or more of the provisions of this Agreement for any reason be held to be illegal
           or invalid, such illegality or invalidity shall not affect any other provision of this Agreement; and all
           other provisions of this Agreement shall be construed and enforced as if such illegal or invalid
           provision(s) had not been contained herein.

           9. New York Law.

           This Agreement shall be construed and enforced under the laws of the State of New York.

           IN WITNESS WHEREOF, the Town and the City have respectively signed this Agreement as of
           the day and year first above written.

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

           RESOLUTION NO. 45

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

           RESOLVED THAT, the Common Council hereby approves a Tax Installment
           Payment Agreement for 3 Shermantown Road.

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

           RESOLUTION NO. 46

           On the motion of Councilman Busch, seconded by Councilman Driscoll, it was
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02/09/10
        RESOLVED THAT, the Common Council hereby approves a Tax Installment
        Payment Agreement for 15 Fifth Street.

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

        RESOLUTION NO. 47

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

      RESOLVED THAT, the Common Council hereby approves a Tax Installment
      Payment Agreement for 47 Cooper Street.
Roll call vote taken on the foregoing resolution resulted as follows:
AYES: Councilman-at-Large Hall, Councilmen Busch, Watson, Brock and Driscoll.
NAYS: None.
Said resolution declared Adopted.


        RESOLUTION NO. 48

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

        RESOLVED THAT, the Common Council hereby approves a Tax Installment
        Payment Agreement for 16 Nelson Street.

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

        RESOLUTION NO. 49

                 RESOLUTION FOR GRANT FUNDING PURPOSES AUTHORIZING THE FUNDING
                 OF PERFORMANCE CONTRACTING AGREEMENT FOR CITY OF GLENS FALLS
                   WWTP PROJECT No. 2 WITH SIEMENS BUILDING TECHNOLOGIES, AND
                      PROVIDING THIS FUNDING USING REVENUES FROM USER FEES.

        On the motion of Councilman Busch, seconded by Councilman Driscoll,

        WHEREAS, In order to secure the Green Innovation Grant Program funding for
        the Auxiliary Fuel System, a resolution is required that authorizes the total project
        cost of $5,573,978, with the City’s share of $4,239,844, and which states that
        payments under the ESCO contract will be made from the Sewer Fund with User
        Fees;
Pg. 11
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02/09/10
        THEREFORE, BE IT RESOLVED, that the Common Council hereby authorizes
        the funding of Performance Contracting Agreement for the City of Glens FaIls’
        WWTP Project No. 2 with Siemens Building Technologies Inc. for the total project
        cost of $5,573,978 for improvements to the City of Glens Falls Wastewater
        Treatment Plant, in accordance with the July 31, 2009 Performance Contracting
        Agreement between the City of Glens Falls and Siemens Building Technologies,
        Inc.; and

        BE IT FURTHER RESOLVED, that the City’s share of the project costs of
        $4,239,844 shall be paid from the sewer fund using revenues from user fees.

Roll call vote taken on the foregoing resolution resulted as follows:
AYES: Councilman-at-Large Hall, Councilmen Busch, Watson, Brock and Driscoll.
NAYS: None.
Said resolution declared Adopted.

        RESOLUTION NO. 50

                 AWARDING BID AND RECOMMENDATION TO ENTER INTO AN AGREEMENT
                   WITH THE PIKE COMPANY, INC. FOR THE REHABILITATION OF WILKIE
                 RESERVOIR DAM AND KEENAN RESERVOIR DAM PROJECT AT A COST OF
                                           $3,846,634.00.

        On the motion of Councilman Busch, seconded by Councilman Driscoll,

        WHEREAS, the City of Glens Falls Water & Sewer Department has advertised
        for sealed bids for the Rehabilitation of Wilkie Reservoir Dam and Keenan
        Reservoir Dam Project; and

        WHEREAS, Clough Harbour Associates recommends award of the project to
        The Pike Company, Inc. as the lowest bidder, for the sum of $3,846,634.00; and

        WHEREAS, the Water & Sewer Commission passed a resolution recommending
        award to The Pike Company, Inc. at the February 1, 2010 Water & Sewer
        Commission Meeting;

        NOW, THEREFORE BE IT RESOLVED, that the City of Glens Falls hereby
        enters into an agreement with The Pike Company Inc., for the Rehabilitation of
        Wilkie Reservoir Dam and Keenan Reservoir Dam Project, pursuant to the terms
        and provisions of the specification and proposal, for a total cost of $3,846,634.00,
        for a term commencing upon the Notice to Proceed, and termination when the
        work is complete, and the Mayor be, and hereby is, authorized to execute the
        agreement in the form approved by the City Attorney.

Roll call vote taken on the foregoing resolution resulted as follows:
AYES: Councilman-at-Large Hall, Councilmen Busch, Watson, Brock and Driscoll.
NAYS: None.
Pg. 12
Common Council
02/09/10
Said resolution declared Adopted.

        RESOLUTION NO. 51

        On the motion of Councilman Busch, seconded by Councilman Driscoll,

        WHEREAS, the Common Council by Resolutions in 2009 awarded a contract
        and addendum to Chazen Engineering for professional design and engineering
        services associated with infrastructure improvements for the South Street
        Improvement project for a fee of $37,820.00; and

        WHEREAS, the City of Glens Falls has received funding totaling $1,204,000 to
        date; and

        WHEREAS, the extent of construction work is expanded to now include revised
        funding levels;

        NOW THEREFORE BE IT RESOLVED, that the Common Council hereby
        authorizes the Mayor to sign an amendment with Chazen Engineering for an
        additional cost of $21,830.00.

Roll call vote taken on the foregoing resolution resulted as follows:
AYES: Councilman-at-Large Hall, Councilmen Busch, Watson, Brock and Driscoll.
NAYS: None.
Said resolution declared Adopted.

        RESOLUTION NO. 52

            RESOLUTION AUTHORIZING A CONTRACT WITH AVALON ASSOCIATES, INC. FOR
                  PROFESSIONAL SERVICES RELATED TO THE IMPLEMENTATION
                  OF THE DOWNTOWN NEIGHBORHOOD BROWNFIELDS PROGRAM
                FUNDED THROUGH THE U.S. ENVIRONMENTAL PROTECTION AGENCY

        On the motion of Councilman Busch, seconded by Councilman Driscoll,

        WHEREAS, federal grant funding is available through the U.S. Environmental Protection
        Agency (EPA) to support local Brownfields identification, assessment, and
        redevelopment planning activities that are undertaken by eligible municipalities; and

        WHEREAS, the City of Glens Falls is an eligible entity to receive such funding as a
        general purpose unit of local government under the “Small Business Liability Relief and
        Brownfields Revitalization Act of 2002’ and defined under 40 CFR Part 31.3 of the EPA
        regulations; and

        WHEREAS, the City of Glens Falls has been awarded $200,000 in such grant funding to
        implement the Downtown Neighborhood Brownfields Program” as the result of an
        application dated June 12. 2009 and subsequently approved by the EPA (BF-972305-
        00); and
Pg. 13
Common Council
02/09/10
        WHEREAS, the City of Glens Falls has determined that professional services are
        necessary to implement the Downtown Neighborhood Brownfields Program in
        conjunction with City staff. including the completion of site identification activities, Phase
        I and II site investigations, reuse planning feasibility and analysis, and programmatic and
        grant coordination activities; and

        WHEREAS, the City of Glens Falls issued a Request for Proposals for professional
        consulting services on December 13. 2009 seeking firms capable of assisting the City
        with specific programmatic activities related to the Brownfield Assessment Grant funds
        awarded by the EPA; and

        WHEREAS, Avalon Associates. Inc., Community Development Consultants based in
        Glens Falls submitted a qualified proposal for professional services for programmatic
        activities related to the EPA grant funding, and that proposal has been reviewed by the
        City; now therefore

        BE IT RESOLVED, that the Mayor is hereby authorized to execute a contract with
        Avalon Associates. Inc., Community Development Consultants, for professional services
        related to programmatic activities in accordance with the Downtown Neighborhood
        Brownfields Program awarded federal brownfields funding from the EPA. Compensation
        for those services will be based on established hourly rates and reimbursement of direct
        expenses for a fixed fee not to exceed $29.000 to he reimbursed to the City at a rate of
        100% through the EPA grant funding.

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

        RESOLUTION NO. 53

             Authorizing Submission of a Grant Application to the NYS Energy Research and
           Development Authority and Authorizing the Mayor to Sign the Required Certifications
            and to Provide such other Assurances and Information as Required for a Complete
                                          Application

        On the motion of Councilman Busch, seconded by Councilman Driscoll,

        WHEREAS, the NYS Energy Research and Development Authority (NYS ERDA) administers the
        Energy Efficiency and Conservation Block Grant Program which is funded by the American
        Recovery and Reinvestment Act (ARRA); and

        WHEREAS, this program provides grant funding to small communities for the implementation of
        energy conservation measures including energy efficiency improvements, and:

        WHEREAS, the program provides grants of up to 100% of the cost of eligible improvements; and

        WHEREAS, the installation of new energy efficient street lighting is an eligible project; and
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Common Council
02/09/10
        WHEREAS, new energy efficient street lighting is one component of the infrastructure and
        pedestrian improvement project being undertaken by the City as part of the redevelopment of
        South Street; and

        WHEREAS, the purchase and installation of new energy efficient street lighting on South Street
        is estimated to cost in excess of $150,000 and these improvements are eligible for 100% grant
        assistance; and

        WHEREAS, the grant application deadline is February 17, 1010; and

        NOW THEREFORE BE IT RESOLVED, that the Mayor is authorized to submit the application
        for grant funds under the NYSERDA Energy Conservation Program for small municipalities; and

        BE IT FURTHER RESOLVED, that the Mayor is authorized to execute the required certifications
        and provide such other assurances and information as required for a complete application; and

        BE IT FURTHER RESOLVED, that Shelter Planning & Development shall prepare the
        application with funding for preparation of said application to be allocated from Community
        Development Block Grant Program Administration Funds.

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

        RESOLUTION NO. 54

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

        RESOLVED THAT, the Common Council hereby approves Edward M.
        Bartholomew to be added to signature cards for the City of Glens Falls
        Community Development Bank Accounts.

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

        RESOLUTION NO. 55

        On the motion of Councilman Busch, seconded by Councilman Driscoll,

         WHEREAS, the City of Glens Falls is an entitlement community, and receives
        funds directly from the US Department of Housing and Urban Development
        (HUD); and

        WHEREAS, HUD-funded grant recipients are obligated to affirmatively further
        Fair Housing under the Housing and Community Development Act of 1974; and
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Common Council
02/09/10
        WHEREAS, the Federal Fair Housing Law and the laws of New York State
        prohibit discrimination of the sale, rental, financing, and brokerage of housing
        based on race, religion, color, gender, national origin, sex, familial status or
        handicaps; and

        WHEREAS, the City of Glens Falls has developed a fair housing policy, plan,
        and implementation strategy;

        NOW, THEREFORE, BE IT RESOLVED, that the City of Glens Falls hereby
        appoints Edward M. Bartholomew, Community & Economic Development
        Director, as Fair Housing Officer, and as such, will have overall responsibility for
        implementing the Fair Housing Plan, promoting public knowledge of Fair Housing
        Provisions, and processing claims of discrimination.

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

        RESOLUTION NO. 56

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

        RESOLVED THAT, the Common Council hereby approves the Community
        Development Office’s manual payments, in the amount of $10,363.85.

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

        RESOLUTION NO. 57

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

        RESOLVED THAT, the Common Council hereby approves the City payroll and
        warrant #2010-03 dated 02/09/10 and approved by the Purchasing Officer be
        ordered and paid and charged to their respective accounts:

                 A General Fund ----------------------------------------- $       186,432.38

                 CV Civic Center ----------------------------------------- $        11,135.00

                 E01 GGFTS Operations & Maintenance ---------- $                    23,732.79

                 E02 GGFTS Capital ------------------------------------ $            8,330.00
Pg. 16
Common Council
02/09/10
                 F Water Fund --------------------------------------------- $       31,133.77

                 G Sewer Fund -------------------------------------------- $        82,113.08

                 H2 City Landfill Closure -------------------------------- $        38,372.64

                 HQ Reservoir Dam Project ---------------------------- $              1,795.00

                 ID Henry Street Pump Station Project -------------- $               18,100.00

                 IR Bay Street Rehab Project -------------------------- $            23,965.65

                 IS Wilkie-Keenan Dams Rehab Project ------------ $                     157.85

                 IT CSO Long Term Mitigational Project ------------ $                  1,801.59

                 IU Halfway Brook Dam Rehab Project -------------- $                 72,892.17

                 IV Water Street Pump Station ------------------------- $            40,267.50

                 IX Ambulance Service ---------------------------------- $             1,373.00

                 TE Expendable Trust ---------------------------------- $              2,922.61

                           WARRANT TOTAL:              $544,525.03

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

        RESOLUTION NO. 58

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

        Whereas, it is the Mayor’s duty to nominate individuals to be members of the
        Glens Falls Industrial Development Agency and the Common Council’s right to
        approve nominees to same; and

        Whereas, Mayor Diamond has selected John A. Diamond, Daniel Hall, Judy
        Calogero, Daniel Girard, Roy Thomas, Todd Feigenbaum and Lois Robinson to
        serve as members of the Glens Falls Industrial Development Agency;

        Now therefore be it resolved that the Glens Falls Common Council does
        hereby approve the appointment of John A. Diamond, Daniel Hall, Judy
        Calogero, Daniel Girard, Roy Thomas, Todd Feigenbaum and Lois Robinson to
        serve as members of the Glens Falls Industrial Development Agency.

Roll call vote taken on the foregoing resolution resulted as follows:
Pg. 17
Common Council
02/09/10
AYES: Councilmen Busch, Watson, Brock and Driscoll.
NAYS: None.
ABSTAIN: Councilman-at-Large Hall.
Said resolution declared Adopted.

OLD BUSINESS

Councilman Watson stated with regards to Item #6 on the agenda, he would like to
recognize Mr. Kilian Smith for his efforts to improve the Cross-Country Trail System in
terms of visibility and signage. It will be much appreciated. Councilman Brock stated
Item #20 has the Wilkie and Keenan Reservoir rehab projects going in at $3.8M. The
original estimate was $5.5M, so we’re saving $1.7M.

Mayor Diamond noted that would be the final rehabilitation project for their water
distribution system and is planned to be completed in the spring of 2011.

Councilman Driscoll stated the committee looking into a curfew for the City met
Saturday at 11 AM with 12 people in attendance. They shared information – looking at
curfews in neighboring communities. They look forward to hearing the public’s opinion.
The next meeting will be on 2/27 at 10 AM in the Mayor’s Conference Room.

NEW BUSINESS

Councilman-at-Large Hall stated that a letter had been sent from the Mayor’s Office to
the Athletic Director and President of Brigham Young University inviting the Cougars
basketball team, including Jimmer Fredette, to play at the Civic Center. He thinks it’s a
great idea that would be very exciting for the City.

Councilman Busch commended Councilman Driscoll for looking into a curfew , he
received several phone calls from constituents in favor of it.

Councilman Driscoll noted the importance of attending Board of Education budget
meetings which will be held Tuesday evenings in March at the District Office on Quade
Street. He congratulated two new businesses – The Park Street Theater and Hocus
Pocus, a consignment store at Union Square.

Mayor Diamond stated for the Council and public’s information, Ed Bartholomew
resigned from the IDA. They are looking to restructure that Board and Mr. Bartholomew
could serve as CEO for the Board and for the LDC. He thanked the Council for their
support when he was appointed last year.


        RESOLUTION NO. 59

        On the motion of Councilman Busch, seconded by Councilman-at-Large Hall, all
        voting affirmatively, it was

        RESOLVED THAT, the Common Council hereby adjourns to executive session.

Upon the Council’s return to regular session, the meeting was adjourned.

								
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