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GLENS FALLS COMMON COUNCIL

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GLENS FALLS COMMON COUNCIL Powered By Docstoc
					                               CITY OF GLENS FALLS
                                     COMMON COUNCIL
                                           May 22, 2007
                                        MEETING MINUTES

A regular Common Council meeting was held on Tuesday, May 27, 2007 at 7:30 PM in the
Common Council Chambers, City Hall, 42 Ridge Street, Glens Falls, New York, 12801.

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

Absent: None.

Also Present: City Attorney Ron Newell, Deputy City Attorney James LaPann, Water &
Sewer Supt. Steve Gurzler, Community Development Director Thomas Donohue, Civic
Center Director, Suzanna Bernd, Wayne Wright, City Historian, The Post Star, The
Chronicle, and TV-8.
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Mayor Akins opened the meeting.

PUBLIC COMMENT

Wayne Wright, City Historian addressed the Council. He distributed notebooks to each,
containing a brief history of their respective Wards as part of the City’s Centennial
Celebration.

Mayor Akins noted that the Centennial Committee is doing a great job in many areas,
including a website, to celebrate the City’s 100th Anniversary

Peter Accardi, Warren St., addressed the Council. He stated with regards to Item #12,
did the Common Council have a workshop to discuss this item?

Councilman-at-Large Diamond stated they’re going to have a Public Hearing to get
input on the subject – the wording in the Charter is contradictory and there are differing
opinions on it.

Mr. Accardi stated that in his opinion how it currently reads there are term limits in
place. He stated further that with regards to new Civic Center seating, for 27 years the
Civic Center hasn’t succeeded or broken even. History has proven that there aren’t
enough hockey fans to support a team and he questioned whether it is worth spending
$1M on replacement seats. He stated a more reasonable approach would be to replace
only those seats that need it on an annual basis. He stated further that there is an
operating plan for the Civic Center in the City’s Master Plan that no one has paid any
attention to. They’re just wasting money. We bonded $2M to replace a refrigeration
system a few years ago and they have no hockey team. He strongly objects to spending
money like that. On another issue, the proposed parking law that bans parking in front
of residences, he proposed some changes to the language that he thought important
and e-mailed them to Attorney LaPann, in particular in Section 3.
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He noted that this law is to cover residences and commercial properties, yet for
commercial properties like a Stewart’s store, a Rite Aid or the Glens Falls Hospital have
parking out in front. He stated it’s not appropriate to say that commercial properties
have to have parking on the side. If this is enforced there is no exception for existing
properties, which means the Planning Board would have quite a number of residents
appealing to them for a variance. He thinks it would be more appropriate to have as a
goal to have all parking to the side and the rear and it should only apply for new
facilities.

Councilman Brock stated the reason that section was put in was because he asked
Attorney LaPann to explain their goal – our intent. The idea is to put something in there
so when the Planning Board looks at something they can say it’s what the Council
would like. It doesn’t say you have to do it this way. It’s an idea to express the Council’s
desire more than anything else.

Mr. Accardi stated the way it reads now it applies to all existing properties – he suggests
inserting the word “new”.

Councilman Brock stated his concern is multi-family structures, not commercial.

Attorney LaPann stated that the law would only apply to the future. It’s not a retro-active
law. It would apply when the Planning Board looks at a new application for a project
they’re going to do. It states “all parking areas for multi-family residences and
commercial properties shall locate parking to the side and/or rear of the property if such
parking is in keeping with the appropriate lot design for that parcel.”

Harold Taylor, 6 Lake Ave., addressed the Council with regards to Item 12 on the
agenda. He is concerned that if they limit the terms of the County Supervisors ad the
rest of the Supervisors at the County were not limited, he thinks Glens Falls would be at
a disadvantage. They would never have Supervisors who would build seniority and thus
chairing committees. He stated with regards to the next item, funding the Civic Center
seats, in this morning’s newspaper Suzanna Bernd was going to get pricing on the
plastic seats. How can the Council move on this tonight without that information? He
congratulates those on the Council who want to slow this down a bit, you’ve started to
have an effect on the County and it appears they’re going to help the City out. He asked
the status of the pre-demolition study of Naval Reserve Center.

Councilman-at-Large Diamond stated he spoke with Tom Donohue on this today.
They’ve completed the Phase I and their idea is to go with a Phase II and at the same
time put out an RFP for demolition of the facility. There are some concerns about the
liability if we demolish the building. If there is ground soil contamination there will be
some responsibility to the Navy to clean it up. The Phase II can be done within 5 weeks
and at the same time the RFP will be put out for the demolition of the building.

Mr. Taylor asked if the pre-demolition study is done yet?

Tom Donohue addressed the Council. He stated he received a draft last week from CT
Male and had a few questions on it. When they did the asbestos survey, they didn’t
penetrate the roofs or interior walls to check piping. That must still be done.
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He did a change order this week after discussing it with the Mayor and Councilman-at-
Large Diamond and CT Male will be coming back to open up those areas and do that
testing. There were 5 areas they identified in the Phase I they thought needed further
study. They propose a series of 8 test wells to check the soil and groundwater
conditions in the area, for a cost of $11,400.
Tom Wade addressed the Council in opposition to spending additional monies on the
Civic Center, as he has opposed it for 27 years. He stated the City taxpayers owe more
money now -over $6M, than they did when they first bonded the Civic Center for
$3.61M. He stated further that they seem to have lost any sense of democracy – the
people have no voice anymore.

Councilman-at-Large Diamond stated the bond project they’ll vote on tonight is referred
to as a capital improvement project, so it would include any other capital improvements
that could become necessary or funded through this process. It hasn’t been determined
yet if they’ll purchase the plastic seats. They’ll be over-nighted here and be on display
so the Civic Center Committee can make their recommendation. They are going to bond
for $850,000 and if they can achieve some additional capital improvements they’ll look
at them. Senator Little has graciously given us a grant for $500,000. Through inter
municipal co-operation, the County is taking a pro-active position on the Civic Center
and is collectively looking at supporting the project with $20,000. The Civic Center
Foundation has raised $25,000 and will solicit more donations to off-set the cost. The
City’s responsibility will be about $125,000. In order to utilize this building we’ve got to
have seats. There is one recommendation to do this project piecemeal, he doesn’t know
if mixing and matching would look appropriate. The seats are 27 years old. They’ve
gotten their money out of them and it’s time for a complete overhaul. He stated further
that the bond payment will be approximately $35,000 per year for 20 years.
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Committee Reports

Councilman Driscoll stated that the Personnel Committee will hold workshops in the
next few weeks with Recreation, Buildings & Codes and Economic Development. The
Architectural Oversight of City Buildings Committee will meet concerning the status of
the McEchron House.
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Mayor Akins then addressed the agenda items.
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        RESOLUTION NO. 185

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

        RESOLVED THAT, the Common Council hereby approves the minutes of the
        May 8, 2007 meeting of the Glens Falls Common Council.


        RESOLUTION NO. 186
        On the motion of Councilman Watson, seconded by Councilman Busch, all voting
        affirmatively, it was
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Common Council
05/22/07
        RESOLVED THAT, the Common Council hereby accepts the April monthly
        report of Building and Codes/Plumbing.
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        RESOLUTION NO. 187

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

        RESOLVED THAT, the Common Council hereby approves an Encroachment
        Permit for the Ridge Street Coffee Company allowing the business to place four
        to six small tables with umbrellas on Warren Street and Ridge Street during
        business hours, weather permitting.


        RESOLUTION NO. 188

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

        RESOLVED THAT, the Common Council hereby approves a Block Party for the
        first block of Coolidge Avenue on Monday, May 28 from an hour after the
        Memorial Day Parade ends through 8 p.m.
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Councilman Busch asked that Item #14 and Item #15 be pulled.

Councilman Brock asked that Item #13 be pulled.

Councilman Driscoll asked that Item #11 and Item #12 be pulled.


        RESOLUTION NO. 189

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

        RESOLVED THAT, the Common Council hereby accepts the donation of used
        bleachers from Glens Falls City School District for use at the Fire Road
        Recreation Center.

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.
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        RESOLUTION NO. 190

        On the motion of Councilman Busch, seconded by Councilman-at-Large
        Diamond, it was
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Common Council
05/22/07
        WHEREAS, Chapter 220-26 of the Code of the City of Glens Falls is designed to regulate Off-
        Street Parking and Loading in the City of Glens Falls and thereby affect the welfare of the
        residents and non-residents of the City of Glens Falls; and

        WHEREAS, in the interest of preserving the welfare of the residents of the City of Glens Falls, the
        Common Council desires to amend Section 220-26 to add a new section which prevents property
        owners of those using real property from converting the area in front of a house to a parking area,
        and further prevents the owners, occupants or those visiting the residence from parking in an
        area that is in front of the structure or residence, creating a driveway in front of the structure or
        residence. This law will allow parking at residences in an area that is within a driveway that is
        served by a “curb cut”. The area “in front” of the residence is defined in the new law. The law will
        also add a provision to the parking design standards for multi-family and commercial properties
        that requires use of the side and rear lots for parking, where appropriate;

        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, June 12 at 7: 20 PM in the Common Council Chambers, City
        Hall, 42 Ridge Street, Glens Falls, NY 12801 with respect to such proposed local law prior to
        confirmation of the final passage of such local law at the next meeting of the Common Council of
        the City 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) refer the proposed amendment to the Zoning Code to the Warren
        County Planning Board and the City of Glens Falls Planning Board, (iv) 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 Diamond, Councilwoman Villa-White, Councilmen Busch,
Watson, Brock and Driscoll.
NAYS: None.
Said resolution declared Adopted.

        RESOLUTION NO. 191

        On the motion of Councilman Busch, seconded by Councilman-at-Large
        Diamond,
        WHEREAS, Chapter 128 of the Code of the City of Glens Falls is designed to regulate the
        condition of housing within the City of Glens Falls and thereby affect the welfare of the residents
        of the City of Glens Falls; and

        WHEREAS, in the interest of preserving the welfare of the residents of the City of Glens Falls, the
        Common Council desires to add a minimum penalty for violation of the Housing Standards
        provisions of the City Code, and to add additional penalties for property owners in the City of
        Glens Falls who repeatedly violate the Glens Falls City Code as it pertains to the maintenance of
        real property.

        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, June 12 at 7:25 PM in the Common Council Chambers, City
        Hall, 42 Ridge Street, Glens Falls, NY 12801 with respect to such proposed local law prior to
        confirmation of the final passage of such local law at the next meeting of the Common Council of
        the City 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"
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Common Council
05/22/07
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.


        RESOLUTION NO. 192

        On the motion of Councilman Busch, seconded by Councilman-at-Large
        Diamond,

        WHEREAS, Chapter 177 of the Code of the City of Glens Falls is designed to regulate Sewers
        and Water 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 heath and safety of the residents of the City of
        Glens Falls, the Common Council desires to amend Chapter 177 (Sewers and Water) by adding
        a new Section 177-1-A, which will require any user of the public water supply system of the City
        of Glens Falls that is determined by the City of Glens Falls to have risk of potential contamination
        of the public water system to submit plans for the installation of an approved air gap, reduced
        pressure zone device, double check valve assembly or equivalent protective device consistent
        with the degree of hazard posed by the service connection, to install said protective device, to
        have said device tested annually by a certified backflow prevention tester as required by the
        regulations of the Department of Public Health and to maintain records of said testing. The new
        law will also contain provisions for emergency disconnection of hazardous conditions and
        penalties for offenses.

        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, June 12 at 7:15 PM in the Common Council Chambers, City
        Hall, 42 Ridge Street, Glens Falls, NY 12801 with respect to such proposed local law prior to
        confirmation of the final passage of such local law at the next meeting of the Common Council of
        the City 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 Diamond, Councilwoman Villa-White, Councilmen Busch,
Watson, Brock and Driscoll.
NAYS: None.
Said resolution declared Adopted.


        RESOLUTION NO. 193

        On the motion of Councilman Busch, seconded by Councilman-at-Large
        Diamond,

        WHEREAS, the Glens Falls Fire Department conducted a fire investigation at
        John Burke Apartments, Queensbury, NY on March 28, 2007; and
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        WHEREAS, Warren County was invoiced for our overtime costs and a check has
        been received;

        NOW, THEREFORE, BE IT RESOLVED, that the Common Council hereby
        directs the Controller’s Office to increase General Fund Revenue Account A0-
        09999-1589 (Other Public Safety Aid) by $560.00 and to increase General Fund
        Expense Account A2-3410-1100 (Overtime) by $165.78 and A2-3410-4479
        (Other Contracted Services) by $394.22.

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. 194

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

        RESOLVED THAT, the Common Council hereby expresses their gratitude to
        J.E. Sawyer & Co., Inc. and Adirondack Trust Company for their contributions to
        the City of Glens Falls Centennial Celebration and authorizes the Controller’s
        Office to increase General Fund Revenue Account A0-09999-2705 (Gifts and
        Donations) by $6,000 and to increase General Fund Expense Account A6-7272-
        4479 (Special Events – Other Contracted Services) by $6,000.

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. 195

        On the motion of Councilman Busch, seconded by Councilman-at-Large
        Diamond,

        WHEREAS, the City of Glens Falls and the Glens Falls Urban Renewal Agency
        are the owners of property at 4 Grand Street and 26 Harlem Street respectively;

        WHEREAS, both of these properties have been determined to be unsafe
        buildings, unfit for human habitation as prescribed in Chapter 109 (Unsafe
        Buildings) of the Code of the City of Glens Falls, by John Ward, Code
        Enforcement Officer; and
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Common Council
05/22/07
        WHEREAS, adequate funding is available for demolition of these two structures
        in the 2003 and 2005 Community Development Block Grant funds
        (Acquisition/Rehabilitation/Resale) and these structures should be razed for
        safety and potential redevelopment;

        NOW, THEREFORE, BE IT RESOLVED, that the Community Development
        Director is directed to solicit bids for the demolition of 26 Harlem Street and 4
        Grand Street.

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. 196

         RESOLUTION AUTHORIZING SUBMISSION OF THE CITY’S COMMUNITY DEVELOPMENT
                        BLOCK GRANT PROGRAM 2007 ACTION PLAN

        On the motion of Councilman Busch, seconded by Councilman-at-Large
        Diamond,

        WHEREAS, the City of Glens Falls has met the standards for designation as an
        Entitlement Community through the Department of Housing and Urban
        Development (HUD) Community Development Block Grant (CDBG) Program;
        and

        WHEREAS, the City as a result of this designation prepared an annual Action
        Plan and receives an annual allocation of funds from the CDBG Program; and

        WHEREAS, the City of Glens Falls has prepared a five-year Consolidated Plan
        which established priorities for the use of CDBG funds during the period from
        2006-2007; and

        WHEREAS, the City’s entitlement allocation for fiscal year 2007 amounts to
        $574,236 plus an estimated $52,218 in Program Income; and

        WHEREAS, the City has developed an Action Plan for the proper expenditures of
        the funds allocated for the 2007 fiscal year which implements the goals and
        objectives of the Consolidated Plan; and

        WHEREAS, the City has met the requirements of the Citizen Participation Plan
        allowing for adequate public input into the development of the 2007 Action Plan;

        THEREFORE, BE IT RESOLVED, that the Common Council in its capacity as
        the governing body of the City hereby authorizes the Mayor to submit the 2007
        Year Action Plan.
Pg. 9
Common Council
05/22/07


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.


        RESOLUTION NO. 197

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

        RESOLVED THAT, the Common Council hereby approves Community
        Development manual payments, in the amount of $3,455.81.

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 198

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

        RESOLVED THAT, the Common Council hereby approves the City payroll and
        warrant #2007-10 dated 05/22/2007 and approved by the Purchasing Officer be
        ordered and paid and charged to their respective accounts:

                 A General Fund ------------------------------------------------ $     97,705.09

                 CV Civic Center ------------------------------------------------- $   40,311.35

                 E01 GGFTS Operations & Maintenance ----------------- $                 2,875.29

                 F Water Fund ---------------------------------------------------- $   24,907.78

                 G Sewer Fund --------------------------------------------------- $    55,763.01

                 H3 McEchron House Restoration --------------------------- $           2,925.00

                 IG Goodwin Avenue Sanitary Sewer ---------------------- $               273.15

                 II Fifth Ward Sanitary Sewer Project ------------------------ $         790.00

                           WARRANT TOTAL                         $ 225,550.67
Pg. 10
Common Council
05/22/07


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.

Councilman Driscoll stated Item #11, regarding the one-time donation to the Soap Box
Derby, seems to him to be a win/win situation. He thanked the representatives from the
Soap Box Derby in the audience for bringing it back to Glens Falls and for the
assistance from Steve Berkowitz and Dale Granger, DPW and the Town of Queensbury
for matching the amount from the City. He encouraged everyone to attend the event,
June 2nd and 3rd.


        RESOLUTION NO. 199

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

        RESOLVED THAT, the Common Council hereby approves a one-time donation
        of money ($1,000) and in-kind services ($2,500) to the Glens Falls Soap Box
        Derby with the understanding that the Town of Queensbury will match the City of
        Glens Falls’ total with an equal donation.

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.

Councilman Driscoll stated with regards to Item #12, regarding the Public Hearing on
term limits for City Supervisors, he would like to thank the City Counsel, the County
Counsel, the Mayor’s Office and the Common Council for their interest. This is an
urgent matter that could have a negative impact on City residents.


        RESOLUTION NO. 200

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

        RESOLVED THAT, the Common Council hereby proposes a change to Article
        Two of the Charter of the City of Glens Falls to read: “(2.2.3) Effective with
        general City elections, terms of office shall apply as noted, that no elective
        officer – judges and supervisors excepted – will serve more than eight
        years. The supervisors that represent the City at the County level will serve
        terms that mirror the terms of the supervisors from the County’s towns.”;
        and
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Common Council
05/22/07
        FURTHER, hereby schedules a Public Hearing on the matter for 7:00 PM on
        Tuesday, June 12, 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.

Councilman Brock stated, with regards to Item #13, authorizing the $850,000 in bonding
for the Civic Center and the $200,000 from the County. There is no guarantee that
money will go towards paying this off. He talked this over with Councilman Diamond
who came up with what he believes is a solution.

Councilman-at-Large Diamond stated he would like to suggest that once the County
appropriates the money for the project that there is an agreement between the Warren
County Board of Supervisors, signed by Supervisor O’Conner and the City, signed by
the Mayor, that the monies are appropriated to the debt service for the capital
improvement project for the seats for the City of Glens Falls.

Mayor Akins stated that was their intent.


        RESOLUTION NO. 201

        A RESOLUTION AUTHORIZING THE ISSUANCE OF $850,000 BONDS OF THE CITY
        OF GLENS FALLS, WARREN COUNTY, NEW YORK, TO PAY PART OF THE COST
        OF IMPROVEMENTS TO THE GLENS FALLS CIVIC CENTER INCLUDING
        REPLACEMENT OF SEATS, STRUCTURAL ENHANCEMENTS AND REPLACEMENT
        OF EQUIPMENT.

        On the motion of Councilman-at-Large Diamond, seconded by Councilman
        Busch,

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

        SECTION 1.       For the specific object or purpose of paying part of the cost of improvements to
        the Glens Falls Civic Center in and for the City of Glens Falls, Warren County, New York,
        including replacement of seats, structural enhancements and replacement of equipment, and
        incidental costs in connection therewith, there are hereby authorized to be issued $850,000
        bonds of said City pursuant to the provisions of the Local Finance Law.

        SECTION 2.        The maximum estimated cost of such specific object or purpose is $900,000, and
        the plan for the financing thereof is as follows:

        (a)               By the issuance of the $850,000 bonds of said City, heretofore authorized to be
              issued therefore; PROVIDED, HOWEVER, that, to the extent that any State grants in aid are
              received for the aforesaid purpose, the amount of bonds to be issued therefore shall be
              reduced dollar for dollar; and

        (b)               By the appropriation and expenditure of a $50,000 donation from the Glens Falls
              Civic Center Foundation.
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Common Council
05/22/07
        SECTION 3.       It is hereby determined that the period of probable usefulness of the aforesaid
        specific object or purpose is twenty-five years, pursuant to subdivision 12(a)(1) of paragraph a of
        Section 11.00 of the Local Finance Law.

        SECTION 4.The faith and credit of said City of Glens Falls, Warren County, New York, are
        hereby irrevocably pledged for the payment of the principal of and interest on such bonds as the
        same respectively become due and payable. An annual appropriation shall be made in each year
        sufficient to pay the principal of and interest on such bonds becoming due and payable in such
        year.

        There shall annually be levied on all the taxable real property of said City, a tax sufficient to pay
        the principal of and interest on such bonds as the same become due and payable.

        SECTION 5.        Subject to the provisions of the Local Finance Law, the power to authorize the
        issuance of and to sell bond anticipation notes in anticipation of the issuance and sale of the
        bonds herein authorized, including renewals of such notes, is hereby delegated to the Controller,
        the chief fiscal officer. Such notes shall be of such terms, form and contents, and shall be sold in
        such manner, as may be prescribed by said Controller, consistent with the provisions of the Local
        Finance Law.

        SECTION 6.       All other matters except as provided herein relating to the bonds herein
        described (including the bonds previously authorized) including the date, denominations,
        maturities and interest payment dates, within the limitations prescribed herein and the manner of
        execution of the same, including the consolidation with other issues, and also the ability to issue
        bonds with substantially level or declining annual debt service, shall be determined by the
        Controller, the chief fiscal officer of such City. Such bonds shall contain substantially the recital of
        validity clause provided for in Section 52.00 of the Local Finance Law, and shall otherwise be in
        such form and contain such recitals, in addition to those required by Section 51.00 of the Local
        Finance Law, as the Controller shall determine consistent with the provisions of the Local Finance
        Law.

        SECTION 7.       The validity of such bonds and bond anticipation notes may be contested only if: .

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

        2)                 The provisions of law which should be complied with at the date of publication of
             this resolution are not substantially complied with,

        and an action, suit or proceeding contesting such validity is commenced within twenty days after
        the date of such publication, or

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

        SECTION 8.      This resolution shall constitute a statement of official intent for purposes of
        Treasury Regulations Section 1.150-2. Other than as specified in this resolution, no monies are,
        or are reasonably expected to be, reserved, allocated on a long-term basis, or otherwise set
        aside with respect to the permanent funding of the object or purpose described herein.

        SECTION 9.      This resolution, which takes effect immediately, shall be published in full or in
        summary form in The Post Star, which is hereby designated as the official newspaper of said City
        for such purpose, together with a notice of the City Clerk in substantially the form provided in
        Section 81.00 of the Local Finance Law.

Roll call vote taken on the foregoing resolution resulted as follows:
AYES: Councilman-at-Large Diamond, Councilwoman Villa-White, Councilmen Busch,
Watson, Brock and Driscoll.
NAYS: None.
Pg. 13
Common Council
05/22/07
Said resolution declared Adopted.

Councilman Busch stated with regards to Item #13 and #14, resolutions to approve the
CSEA Memorandum of Agreement and the non-union increases for non-union, his
intent was not discussion, he just wanted them called together for a single vote.


        RESOLUTION NO. 202

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

        RESOLVED THAT, the Common Council hereby approves the Memorandum of
        Agreement between the City of Glens Falls and CSEA union, covering the period
        of time commencing January 1, 2007 through December 31, 2010 and wage
        increases for non-union employees for 2007 that mirror the provisions of the
        Memorandum of Understanding.

Roll call vote taken on the foregoing resolution resulted as follows:
AYES: Councilman-at-Large Diamond, Councilwoman Villa-White, Councilmen Watson,
Brock and Driscoll.
NAYS: Councilman Busch.
Said resolution declared Adopted.

OLD BUSINESS

Councilman-at-Large Diamond stated it was his understanding that this evening they
would attempt to move forward with a Phase II with CT Male.

Councilman Watson asked if they have to put that out for an RFP?

Councilman-at-Large Diamond replied no, it’s an extension of the Phase I agreement
that they had with CT Male.

Attorney Newell stated he thought it advisable to send a copy of the Phase I report to
the representatives of the Navy to keep them in the loop.


        RESOLUTION NO. 203

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

        RESOLVED THAT, the Common Council hereby approves moving forward with
        a Phase II Environmental Site Assessment (ESA) of the former Naval Reserve
        Center, 2 Parker Street, to be performed by CT Male, at a cost of $11,400.

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.
Pg. 14
Common Council
05/22/07


NAYS: None.
Said resolution declared Adopted.

NEW BUSINESS
Councilman Busch asked where the Council would meet for the Memorial Day Parade,
due to the construction around where they usually meet?

Mr. Gurzler stated there is a minor change to the route.

Mayor Akins stated that he would check with Colleen.

Councilman Driscoll thanked Mr. Shimkus for planning and facilitating the meeting held
with elected officials and members of the business community yesterday. He attended a
breakfast meeting with the ARCC recently and local architect Bob Joy talked about
developing relationships. He thinks that’s what we’re involved with at the City, the
County and with our neighboring communities for the future. He respects the opinions of
Mr. Wade and Mr. Accardi, but these are different times and we’re heading in the right
direction. Just like some of the nay-sayers of the roundabout, including his wife, will
agree, it has made an impact on the City. The relationaships we’re building and
fostering will have a benefit to the City. He encouraged people to come to the Soap Box
Derby. The Protect Our Park organization has incorporated itself and will be selling
concessions at the event. He noted several other upcoming events: the Crandall
Library’s groundbreaking ceremony, 5/23 at 6 PM, the Glens Falls Baseball Boosters
Club annual meeting at the Knights of Columbus Hall on 5/23 at 7 PM, and opening day
at East Field, 6/10. He encouraged people to check out all that is happening at the
Wood Theater, the Chapman and the Hyde Museums.

PUBLIC COMMENT

Christine Lee, 28 Arbor Dr., addressed the Council. She thanked them for passing the
Phase II and for continuing with the demolition of the Naval Reserve. She stated that in
a previous meeting Mr. Brock discussed changing the way we are billed for our water,
making it able to be tax deductible. Just recently getting her tax bill and being totally
floored, she wondered if any further discussion has come about. She thinks it would
really help the taxpayers.

Councilman Brock stated he agreed. That was on his list to do next week. He asked
Mayor Akins if anyone had looked further into billing the sewer assessment so people
can deduct it?

Mayor Akins stated he doesn’t believe they’ve had any discussions yet. They’ll have to
first discuss it with their counsel to see what is legally available.

Attorney Newell stated he would look into it if the Council wants him to.

Councilman Brock replied yes.
Pg. 15
Common Council
05/22/07


Fran Dougherty, President of the Soap Box Derby addressed the Council, thanking
them for their support. He stated that it is going to be a great weekend and hoped to see
them all there.

Mayor Akins thanked Mr. Dougherty for his efforts.


        RESOLUTION NO. 204

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

        RESOLVED THAT, the Common Council hereby adjourns the May 22, 2007
        meeting.


				
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