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GLENS FALLS COMMON COUNCIL - City of Glens Falls

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

A Public Hearing was held at 7:20 pm on Tuesday, March 9, 2010 in the Common
Council Chambers, City Hall, 42 Ridge Street, Glens Falls, New York, 12801 with
regards to Ridge Street Parking changes.

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

Absent: None.

Also Present: Deputy City Attorney Karen Judd, Edward Bartholomew,
Economic/Community Development Director, Robert Curtis, City Clerk, Robert Landry,
GF Housing Authority, The Post Star and TV-8.
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Mayor Diamond opened the Public Hearing. There were no comments. The Mayor then
asked for a Moment of Silence on the passing of Jack Cushing, a pillar of the
community, involved in sports and the Chamber of Commerce. He was a great
ambassador for the City who will be greatly missed. He stated with regards to Item #11,
he has asked Jim LaPann, Water & Sewer Commission Attorney to outline the
highlighted changes to the contract, prior to approval by the Council.

Attorney LaPann stated at their last regular meeting the Water & Sewer Commissioners
reviewed the proposed contract with Camp, Dresser & McKee (CDM) to have them
working on our CSO Long Term Control Plan. It’s a very important plan for the City and
mandated by the Federal government. He stated that it’s very important to get moving
on this because of the seasonal nature of the work that needs to be done. The Water &
Sewer Commission approved the contract the Council has in their packets today. At the
time they did that approval there were issues they thought could be a little bit better in
the contract, minor things but things they wanted addressed. One of the Water & Sewer
Commissioners, Peter Accardi, met with representatives of CDM after the vote went
through some things and made some proposed revisions. On Page 5, as a clarification
of the issue of where one of the sampling sites was going to be – it was previously
stated as “Henry Street” and it is more clear to say “Glen Street”. On Page 9, there were
two words taken out – instead of “long term reconstruction plan”, it’s changed to
“reconstruction plan”. There were some changes to the format also. On Page 24, there
is an addition. It provides a format that if we want additional work done in the future for
CDM to work with the City and look at the budget. It doesn’t approve any additional
work. He asked that the amended version be approved tonight.

Mayor Diamond asked Attorney LaPann that if the Council approved the resolution
tonight, would it require the Water & Sewer Commission re-vote on this version?

Attorney LaPann replied that the Water & Sewer Commission is making a
recommendation, based on their knowledge and experience and they request the
Council approve it.
Pg. 2
Common Council
03/09/10


Councilman Brock stated with regards to the CSO – Combined Sewer Overflow, could
Attorney LaPann relate what he has heard from the State if they don’t meet these
deadlines?

Attorney LaPann replied this is a program that is being pushed all across the country by
the Environmental Protection Agency. It’s a federal law that is being pushed in New
York State by the DEC. Because there needs to be a timetable where this gets
accomplished, the EPA has a set timetable that needs to be kept. He’s spoken recently
with representatives of the DEC who indicated they want to make sure we hit those
deadlines and should we not keep them there will be significant financial penalties. The
fact of the seasonal nature of the work that needs to be done, monitoring what happens
when the storm water comes down and then spring rains and whether there are any
cross-connections between sanitary and storm sewers – it’s vital the City gets going
now.

Mayor Diamond requested additional language in the resolution –, per the City Attorney,
as follows: “as recommended by the Water and Sewer Commission Attorney, James
LaPann”.

Committee Reports

Councilman Watson stated the Labor Management Committee will be meeting on
Thursday, March 11th at 6 PM in the Mayor’s Conference Room to discuss upcoming
negotiations.

Councilman Driscoll stated the Civic Center Committee will meet on Monday, 3/15 at 5
PM in the Civic Center.
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        RESOLUTION NO. 74

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

        RESOLVED THAT, the Common Council hereby approves the minutes of the
        Feb. 23, 2010 meeting of the Glens Falls Common Council.


        RESOLUTION NO. 75

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

        RESOLVED THAT, the Common Council hereby accepts the February monthly
        reports of the City Clerk/Parking Violations Bureau and the Department of
        Building & Codes/Plumbing.
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Councilwoman Villa-White asked that Item #9 be pulled.
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
Pg. 3
Common Council
03/09/10
        RESOLUTION NO. 76

         RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF GLENS FALLS, NEW YORK
                         APPROVING AN AMENDMENT TO THE FY 2007
                            COMMUNITY DEVELOPMENT BUDGET.

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

        WHEREAS, the City of Glens Falls FY 2007 Action Plan established an approved budget for the
        program year; and

        WHEREAS, changes in the use of CDBG funds from one eligible activity to another is considered
        an amendment to the Plan; and

        WHEREAS, an amendment to the plan requires that citizens be provided reasonable notice and
        an opportunity to comment on proposed changes, and

        WHEREAS, a Notice of Public Hearing describing the proposed amendment has been published
        a public hearing on the proposed amendment has been held, and the public has been provided a
        thirty (30) day comment period, and

        NOW, THEREFORE, BE IT RESOLVED, that the proposed budget modification which
        reallocates $40,000 originally budgeted for the Wood Theater, to two (2) new activities which are
        (a) the provision of a passive recreation facility to serve the residents of the Village Green
        Apartments, (i.e. a Gazebo) budgeted at $10,000 and (b) assistance to the Glens Falls Housing
        Authority for infrastructure improvements and weatherization efforts is hereby approved; and

        BE IT FURTHER RESOLVED, that the Mayor of the City of Glens Falls is hereby authorized to
        execute separate sub-recipient agreements between the City and the Glens Falls Housing
        Authority, and between the City and Preservation Management Inc.

Roll call vote taken on the foregoing resolution resulted as follows:
AYES: Councilman-at-Large Hall, Councilwoman Villa-White, Councilmen Busch,
Watson, Brock and Driscoll.
NAYS: None.
Said resolution declared Adopted.
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        RESOLUTION NO. 77

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

        RESOLVED THAT, the Common Council hereby approves the renewal of an
        Encroachment Permit for The Chocolate Mill, 164 Glen Street for an exhaust fan
        to extend over the sidewalk on the Hudson Avenue side of the building, for the
        period from June 1, 2010 to May 31, 2011.

Roll call vote taken on the foregoing resolution resulted as follows:
AYES: Councilman-at-Large Hall, Councilwoman Villa-White, Councilmen Busch,
Watson, Brock and Driscoll.
NAYS: None.
Said resolution declared Adopted.
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Pg. 4
Common Council
03/09/10
        RESOLUTION NO. 78

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

        RESOLVED THAT, the Common Council hereby approves the renewal of an
        Encroachment Permit for The Chocolate Mill, 164 Glen Street to allow café
        seating/outside dining, for the period from June 1, 2010 to May 31, 2011.

Roll call vote taken on the foregoing resolution resulted as follows:
AYES: Councilman-at-Large Hall, Councilwoman Villa-White, Councilmen Busch,
Watson, Brock and Driscoll.
NAYS: None.
Said resolution declared Adopted.
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        RESOLUTION NO. 79

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

        RESOLVED THAT, the Common Council hereby approves the renewal of an
        Encroachment Permit for Aimee’s Dinner and a Movie, 190 Glen Street, to allow
        outside dining on Exchange Street Plaza, for the period from June 1, 2010 to
        May 31, 2011.

Roll call vote taken on the foregoing resolution resulted as follows:
AYES: Councilman-at-Large Hall, Councilwoman Villa-White, Councilmen Busch,
Watson, Brock and Driscoll.
NAYS: None.
Said resolution declared Adopted.
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        RESOLUTION NO. 80

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

        WHEREAS, the Glens Falls Fire Department provided EMS services at an event at the Civic
        Center on January 23, 2010; and

        WHEREAS, the Civic Center was invoiced for the Department’s overtime costs and a check has
        been received,

        NOW, BE IT RESOLVED, that the Common Council hereby authorizes the Controller’s Office to
        increase General Fund Revenue Account A009999-1589 (Other Public Safety Aid) by $200 and
        increase General Fund Expense Account A23410-1000 (Personal Services) by $200.

Roll call vote taken on the foregoing resolution resulted as follows:
AYES: Councilman-at-Large Hall, Councilwoman Villa-White, Councilmen Busch,
Watson, Brock and Driscoll.
NAYS: None.
Said resolution declared Adopted.
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Pg. 5
Common Council
03/09/10
        RESOLUTION NO. 81

        LOCAL LAW NO. 1-2010

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

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

        Chapter 208-63, Vehicles & Traffic, Schedule XVI (Parking Prohibited Certain Hours), Chapter
        208-66, Schedule XIX (Limited Time Parking), Chapter 208-69, Schedule XXII (Bus Stops) and
        Chapter 208-70 Schedule XXIII (Handicapped Parking) of the Code of the City of Glens Falls are
        hereby amended to reflect changes wrought by improvements to the downtown parking situation
        as recommended by the Board of Public Safety.

        Section 1. Purpose

        The Common Council of the City of Glens Falls recognizes that certain adjustments to its
        regulations must be made from time to time in order to preserve the public health, safety and
        welfare of its residents while at the same time accommodating an expanding business community
        and encouraging economic growth. The Common Council finds 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, as recommended by the Glens Falls Board of Public Safety.

        Section 2. Chapter 208-63, Schedule XVI: (Parking Prohibited Certain Hours) shall be
        amended as follows:

                        Name of Street          Side            Hours/Days              Location

        Delete          Ridge St.               East            6:00AM to 7:00PM        In front of the
                                                                /Monday through         Cronin Highrise
                                                                Friday                  driveway.

        Section 3. Chapter 208-66, Schedule XIX: (Time Limit Parking) shall be amended as follows:

                        Name of Street          Side            Time Limit     Location
                                                                Hours/Days

        Delete          Ridge St                East            2 Hrs:         From Warren
                                                                All/All        Street to the
                                                                               City public
                                                                               health center
                                                                               driveway.

        Add             Ridge St                East            2 Hrs:         From Warren
                                                                All/All        Street to 65’
                                                                               north of the
                                                                               Cronin Hi-Rise
                                                                               driveway

        Add             Ridge St                East            2 Hrs:          From north
                                                                All/All         side of
                                                                               McEchron
                                                                                House driveway
                                                                               to Maple St.
Pg. 6
Common Council
03/09/10
        Section 4. Chapter 208-67, Schedule XX (Angle Parking) shall be amended as follows:

                       Name of Street            Side            Angle              Location
                                                               (degrees)

        Delete          Ridge St                  East            60                 From the Robert J.
                                                                                     Cronin Apartments
                                                                                     parking lot
                                                                                     entrance to the
                                                                                     city-owned public
                                                                                     health facility
                                                                                     driveway

         Add             Ridge St                  East             60              From the north
                                                                                    side of the Cronin
                                                                                    HiRise driveway
                                                                                    to 65’ north on
                                                                                    Ridge Street

         Section 5. Chapter 208-69, Schedule XXII (Bus Stops) shall be amended as follows:

                         Name of Street            Side                             Location

         Delete          Ridge Street               East                            From the Public Health
                                                                                    Center parking area
                                                                                    driveway
                                                                                    north to Maple Street

         Add             Ridge Street               East                            From the south side of
                                                                                    the McEchron House
                                                                                    driveway, south 205’

          Section 6. Chapter 208-70, Schedule XXIII (Handicapped Parking) shall be amended as
         follows:
                        Name of Street         Side                        Location

        Delete             Ridge Street              East                           2 spaces adjacent to the
                                                                                    Public Health Center
                                                                                    and the High Rise

         Add               Ridge Street              East                           2 spaces immediately
                                                                                    north
                                                                                    of the Cronin Hi-Rise
                                                                                    Driveway

         Section 7. When effective.

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

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

        RESOLUTION NO. 82
Pg. 7
Common Council
03/09/10
             RESOLUTION APPROVING AN INCREASE TO THE CAPITAL FUND BUDGET FOR
               THE CSO LTCP PROJECT BY $644,255.00 IN ACCORDANCE WITH THE CDM
                              PROPOSED CONTRACT AMENDMENT.

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

        WHEREAS, the previously approved Capital Budget amount is $175,000.00; and

        WHEREAS, work required in 2010 will be $644,255.00; and

        WHEREAS, the Water & Sewer Commission approved the increase at the March 1, 2010
        meeting and recommend it to the Common Council for approval,

        NOW THEREFORE BE IT RESOLVED, that the Common Council hereby approves an increase
        to the Capital Fund Budget for the CSO LTCP project by $644,255.00, in accordance with the
        CDM proposed contract amendment, for a total project budget of $819,255.00.

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

        RESOLUTION NO. 83

         RESOLUTION APPROVING THE PROPOSED CONTRACT AMENDMENT FROM CDM FOR
                            THE NEXT PHASE OF THE CSO LCTP.

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

        WHEREAS, the City is required to implement a CSO LTCP; and

        WHEREAS, CDM is currently performing this work for the City; and

        WHEREAS, the next stage of the CSO LTCP work must be completed this year and CDM has
        prepared the attached proposed contract amendment in a form approved by the City Attorney;
        and

        WHEREAS, the Water & Sewer Commission approved the proposal at the March 1, 2010
        meeting and recommended it to the Common Council for approval;

        NOW THEREFORE BE IT RESOLVED, that the Common Council hereby approves the proposed
        amendment from CDM for the next phase of the CSO LTCP and authorizes the Mayor to execute
        this amendment in the amount of $644,255.00, as recommended by the Water and Sewer
        Commission Attorney, James LaPann.

Roll call vote taken on the foregoing resolution resulted as follows:
AYES: Councilman-at-Large Hall, Councilwoman Villa-White, Councilmen Busch,
Watson, Brock and Driscoll.
NAYS: None.
Said resolution declared Adopted.


        RESOLUTION NO. 84
Pg. 8
Common Council
03/09/10
            RESOLUTION AUTHORIZING THE CAPITAL PROJECT SOUTH STREET STORM
             SEWER SEPARATION TO PAY FOR THE COST OF THE SEWER BETTERMENT
          PORTION OF THE SOUTH STREET PROJECT AT A COST ESTIMATED AT OF $425,000

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

        WHEREAS, the City is undertaking improvements to South Street; and

        WHEREAS, part of these improvements include installation of a separate street sewer and repair
        several deteriorated catch basins and manholes; and

        WHEREAS, the estimated cost of this work is $425,000;

        BE IT THEREFORE RESOLVED, that the Common Council hereby authorizes the
        establishment of a Capital Project for the South Street Storm Sewer Separation to pay for the
        cost of the sewer betterment portion of the South Street Project, at a cost not to exceed
        $425,000.00.

Roll call vote taken on the foregoing resolution resulted as follows:
AYES: Councilman-at-Large Hall, Councilwoman Villa-White, Councilmen Busch,
Watson, Brock and Driscoll.
NAYS: None.
Said resolution declared Adopted.

        RESOLUTION NO. 85

             RESOLUTION AUTHORIZING THE TRANSFER OF $84,485.00 FROM THE WATER
                FUND BALANCE TO ACCOUNT F78340 2600 IN ORDER TO PAY CLEAR
             ENTERPRISES FOR THEIR COMPLETED WORK ON THE GEER STREET WATER
                                      MAIN PROJECT.

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

        WHEREAS, this project was approved by Water & Sewer Commission Resolution 91 of 2008 with
        the intent to fund the project from $50,000.00 in the Water Fund Contingency Account in addition
        to money from Account F78340 2600; and

        WHEREAS, the project was delayed until late 2009 and has now been completed and these
        funds have since been rolled over into the fund balance; and

        WHEREAS, the final cost of the project is $84,485.00, of which Ames Goldsmith will pay one half
        or $42,242.50; and

        WHEREAS, the Water & Sewer Commission approved the transfer at the March 1, 2010 meeting
        and recommended it to the Common Council for approval;

        NOW THEREFORE BE IT RESOLVED, that the Common Council of the City of Glens FaIls
        hereby authorizes the Controller’s Office to decrease the Water Fund “Fund Balance” by $84,485
        and increase Water Fund Account F7-8320-2600 by $84,485 to pay Clear Enterprises for work
        completed on the Geer Street Water Main project.

Roll call vote taken on the foregoing resolution resulted as follows:
AYES: Councilman-at-Large Hall, Councilwoman Villa-White, Councilmen Busch,
Watson, Brock and Driscoll.
NAYS: None.
Said resolution declared Adopted.
Pg. 9
Common Council
03/09/10
        RESOLUTION NO. 86

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

        RESOLVED THAT, the Common Council hereby approves the City payroll and
        warrant #2010-05 dated 03/09/10 and approved by the Purchasing Officer be
        ordered and paid and charged to their respective accounts:

                 A General Fund ----------------------------------------- $    54,020.53

                 E01 GGFTS Operations & Maintenance ---------- $                2,689.90

                 E02 GGFTS Capital ------------------------------------ $       6,408.73

                 F Water Fund -------------------------------------------- $    34,369.93

                 G Sewer Fund ------------------------------------------- $    177,691.38

                 H2 City Landfill Closure ------------------------------- $    546,998.66

                 IR Bay Street Rehab Project ------------------------- $         5,437.61

                 IS Wilkie-Keenan Dams Rehab Project ----------- $              27,609.53

                 IT CSO Long Term Mitigational Project ----------- $            10,925.67

                 IU Halfway Brook Dam Rehab Project ------------ $                4,110.15

                                    WARRANT TOTAL:                   $870,262.09

Roll call vote taken on the foregoing resolution resulted as follows:
AYES: Councilman-at-Large Hall, Councilwoman Villa-White, Councilmen Busch,
Watson, Brock and Driscoll.
NAYS: None.
Said resolution declared Adopted.

Mayor Diamond stated Item #9 is a resolution approving amendments to the loan and
subsidy contracts between the City of Glens Falls, the State of New York for Stichman
Towers and LaRose Gardens as described in the attached.


        RESOLUTION NO. 87

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

        RESOLVED THAT, the Common Council hereby approves the amendments to
        the loan and subsidy contracts between the City of Glens Falls and the State of
        New York for Stichman Towers and LaRose Gardens, as follows:

                                AMENDMENT TO LOAN AND SUBSIDY CONTRACT
Pg. 10
Common Council
03/09/10
                  Glens Falls Housing Authority—Stichman Tower—NYS 149-A
                  Contract made as of the 9th day of March , 2010, by and among the State of New York
        (the “State”), acting by and through the State Commissioner of Housing and Community Renewal
        (the “Commissioner”), pursuant to and by virtue of the powers conferred by Chapter 44-A of the
        Consolidated Laws, the City of Glens Falls, a municipal corporation of the State of New York (the
        “City”), and the Glens Falls Housing Authority, a public corporation which is a corporate
        governmental agency organized pursuant to the laws of the State of New York to accomplish the
        purposes specified in Article XVIII of the Constitution of the State of New York (the “Authority”).

                WHEREAS, the State, the Commissioner, the Authority, and the City have entered into a
        loan and subsidy contract (the “Contract”) for the purpose of accomplishing the purposes
        specified in Article XVIII of the Constitution by which the State provides financial assistance in the
        form of a periodic subsidy which pays the principal and interest on a loan by the State for the
        construction of a certain eighty-one-unit, state-aided project of the Authority known as Stichman
        Tower (NYS-149A, the “Project”); and

                 WHEREAS, the Authority has submitted an application to the United States Department
        of Housing and Urban Development (“FIUD”), pursuant to the American Recovery and
        Reinvestment Act of 2009 (the “Transaction Statutes and Rules”) and 24 CFR Part 941, to
        authorize the Authority to enter into a contract for financial assistance under the United States
        Housing Act of 1937, as amended, known as an Annual Contributions Contract (the “ACC”),
        relating to the Project, thus incorporating it into the federal low-rent housing program; and

                 WHEREAS, it is necessary to amend the Contract in order to effectuate the federalization
        of the Project.

        NOW, THEREFORE, THIS CONTRACT WITNESSETH:

                 1.   Part II is hereby amended to add a new section 209 as follows:

                 §209. Notwithstanding anything stated in this Part II, except for the State debt service
        subsidy to repay the loan and retire the bonds issued in connection with the construction of the
        Project, the Commissioner consents, pursuant to Section 75 of the Public Housing Law, to the
        commingling of state funds allocated to the Project with federal funds or funds from any other
        source, and all rents and revenues otherwise derived from the Project will be used in accordance
        with or pursuant to the terms, covenants, and conditions of the ACC and the Transaction Statutes
        and Rules.

                 2.   Part III is hereby amended to add a new section 306 as follows:

                §306. All municipal subsidies for the Project shall continue to be provided, and the State
        shall continue to provide a debt service subsidy in an amount sufficient to pay the annual
        installments of the principal and interest on the state loan. All rents and revenues otherwise
        derived from the Project shall be used in accordance with or pursuant to the terms, covenants,
        and conditions of the ACC and the Transaction Statutes and Rules.

                 3. Part VII is hereby amended to add a new section 711 as follows:

                 §711. Notwithstanding anything to the contrary in this Part VII, the operation of the
        Project shall be governed by the ACC and the Transaction Statutes and Rules, and shall
        constitute the maintenance of the low rent character of the Project in accordance with this Part

        VII. In the event of conflict, inconsistency, or contradiction between the Transaction Statutes and
        Rules and the Contract, the Transaction Statutes and Rules shall prevail. Annexed and made a
        part of the Contract is the “HUD Preemption Rider.”
Pg. 11
Common Council
03/09/10
                 4.    Entire Agreement. This Amendment contains the entire understanding
        and agreement of the parties concerning the subject matter hereof and supersedes any and all
        prior oral and written understandings and agreements. In the event that the Contract contains any
        terms or provisions which conflict with or are inconsistent with the terms and provisions of this
        Amendment, the terms and provisions of this Amendment shall prevail and control.

                 5.    Counterparts. This Amendment may be executed in one or more counterparts and
        all such executed counterparts, when taken together, shall constitute a single agreement binding
        upon all of the parties hereto.

     IN WITNESS WHERE OF, the City of Glens Falls, the Glens Falls Housing Authority and the
     State of New York have respectfully caused this contract to be duly executed as of the day and
     year first above written.
   ………………………………………………………………………………………………………………………
                       AMENDMENT TO LOAN AND SUBSIDY CONTRACT
             Glens Falls Housing Authority—LaRose Gardens—NYS 149-B
                                        th
              Contract made as of the 9 day of March , 2010, by and among the State of New York (the
        “State”), acting by and through the State Commissioner of Housing and Community Renewal (the
        “Commissioner”), pursuant to and by virtue of the powers conferred by Chapter 44-A of the
        Consolidated Laws, the City of Glens Falls, a municipal corporation of the State of New York (the
        “City”), and the Glens Falls Housing Authority, a public corporation which is a corporate
        governmental agency organized pursuant to the laws of the State of New York to accomplish the
        purposes specified in Article XVIII of the Constitution of the State of New York (the “Authority”).

                WHEREAS, the State, the Commissioner, the Authority, and the City have entered into a
        loan and subsidy contract (the “Contract”) for the purpose of accomplishing the purposes
        specified in Article XVIII of the Constitution by which the State provides financial assistance in the
        form of a periodic subsidy which pays the principal and interest on a loan by the State for the
        construction of a certain fifty-unit state-aided project of the Authority known as LaRose Gardens
        (NYS-149B, the “Project”); and

                 WHEREAS, the Authority has submitted an application to the United States Department
        of Housing and Urban Development (“HUD”), pursuant to the American Recovery and
        Reinvestment Act of 2009 (the “Transaction Statutes and Rules”) and 24 CFR Part 941, to
        authorize the Authority to enter into a contract for financial assistance under the United States
        Housing Act of 1937, as amended, known as an Annual Contributions Contract (the “ACC”),
        relating to the Project, thus incorporating it into the federal low-rent housing program; and

                 WHEREAS, it is necessary to amend the Contract in order to effectuate the federalization
        of the Project.

        NOW, THEREFORE, THIS CONTRACT WITNESSETH:

                 1. Part II is hereby amended to add a new section 209 as follows:

                 §209. Notwithstanding anything stated in this Part II, except for the State debt service
        subsidy to repay the loan and retire the bonds issued in connection with the construction of the
        Project, the Commissioner consents, pursuant to Section 75 of the Public Housing Law, to the
        commingling of state funds allocated to the Project with federal funds or funds from any other
        source, and all rents and revenues otherwise derived from the Project will be used in accordance
        with or pursuant to the terms, covenants, and conditions of the ACC and the Transaction Statutes
        and Rules.

                 2. Part III is hereby amended to add a new section 306 as follows:

                §306. All municipal subsidies for the Project shall continue to be provided, and the State
        shall continue to provide a debt service subsidy in an amount sufficient to pay the annual
        installments of the principal and interest on the state loan. All rents and revenues otherwise
Pg. 12
Common Council
03/09/10
        derived from the Project shall be used in accordance with or pursuant to the terms, covenants,
        and conditions of the ACC and the Transaction Statutes and Rules.

                  3. Part VII is hereby amended to add a new section 711 as follows:

                 §711. Notwithstanding anything to the contrary in this Part VII, the operation of the
        Project shall be governed by the ACC and the Transaction Statutes and Rules, and shall
        constitute the maintenance of the low rent character of the Project in accordance with this Part

        VII. In the event of conflict, inconsistency, or contradiction between the Transaction Statutes and
        Rules and the Contract, the Transaction Statutes and Rules shall prevail. Annexed and made a
        part of the Contract is the “HUD Preemption Rider.”

                4.     Entire Agreement.     This Amendment contains the entire understanding and
        agreement of the parties concerning the subject matter hereof and supersedes any and all prior
        oral and written understandings and agreements. In the event that the Contract contains any
        terms or provisions which conflict with or are inconsistent with the terms and provisions of this
        Amendment, the terms and provisions of this Amendment shall prevail and control.

                 5.   Counterparts.      This Amendment may be executed in one or more counterparts
        and all such executed counterparts, when taken together, shall constitute a single agreement
        binding upon all of the parties hereto.

                IN WITNESS WHEREOF, the City of Glens Falls, the Glens Falls Housing Authority and
        the State of New York have respectfully caused this contract to be duly executed as of the day
        and year first above written.
                …………………………………………………………………………………………

        HUD PREEMPTION CLAUSE: The parties to this document agree that the inclusion of the
        provisions in this clause in all legal documents entered into as part of the transaction were
        material requirements and a legal prerequisite to compliance with HUD requirements in the
        execution of the transaction. The parties to this document agree that, notwithstanding any other
        requirement to the contrary, to the extent of a conflict between the FEDERAL PUBLIC HOUSING
        REQUIREMENTS (all existing HUD legal requirements including, but not limited to, the United
        States Housing Act of 1937, as amended, the Annual Contributions Contract, as amended, all
        applicable Federal regulations, including public housing regulations, executive orders, HUD
        notices, Declaration of Trust or Declaration of Restrictive Covenants) and any other requirement
        to the contrary in any of the legal documents entered into by the parties as part of this
        transaction, the FEDERAL PUBLIC HOUSING REQUIREMENTS shall prevail, control and
        govern.

                 1.   CONFLICTS PROVISION: To the extent that any provision in Amendment to the
                 Loan & Subsidy Contract in conflict with the FEDERAL PUBLIC HOUSING
                 REQUIREMENTS (all existing HUD legal requirements including, but not limited to, the
                 United States Housing Act of 1937, as amended, the Annual Contributions Contract, as
                 amended, all applicable Federal regulations, including public housing regulations,
                 executive orders, H1JD notices, Declaration of Trust or Declaration of Restrictive
                 Covenants), such FEDERAL PUBLIC HOUSING REQUIREMENTS shall control and
                 govern in such instances of conflict.

                 2.    INDEMNIFICATION PROVISION: Any PHA indemnification is limited to eligible non-
                 public housing assets (assets not subject to the Declaration of Trust and not acquired or
                 merged with assets acquired with public housing finding under the United States Housing
                 Act of 1937).

                 3.    NON-RECOURSE PROVISION: Notwithstanding anything to the Contrary the City of
                 Glens Falls, the City of Glens Falls Housing Authority, the State of New York, and the New
                 York State Division of Housing & Community Renewal, hereby acknowledge and agree
                 that except for assets of Grantor (PHA) arising under any program not administered by the
                 HUD under the United States Housing Act of 1937, or as otherwise specifically approved
Pg. 13
Common Council
03/09/10
                 in writing by HUD, acknowledges arid agrees that City of Glen Falls Housing Authority has
                 no authority to provide the City of Glens Falls, the State of New York, and the State of
                 New York Division of Housing & Community Renewal with guarantees, indemnifications,
                 rights of set off, or other pledges involving the assets of any public housing Project (as the
                 term “Project” is defined in the Annual Contributions Contract (“ACC”) between Grantor
                 (PHA) and (HUD) or any Housing Choice Voucher (HVC) related assets of Grantor (PHA).

                     a. Accordingly, Beneficiary acknowledges that it has no legal right of recourse Under
                     the Financing Documents against: (1) any public housing project of Grantor (PHA); (2)
                     any operating receipts (as the term “operating receipts’ is defined in the ACC) HCV
                     receipts: (3) any Capital Funds of Grantor (PHA); of (4) any public housing operating
                     reserve of Grantor (PHA) reflected in Grantor’s (PHA’s) annual operating budget and
                     required under the ACC. Should any assets of Grantor (PHA) be identified at later
                     date as meeting the criteria set forth above, any guarantees, indemnifications, rights of
                     set off, or other pledges involving those assets will be deemed null, void and
                     unenforceable.

                     b. Notwithstanding anything to the contrary herein, to the extent that The financing
                     proceeds were used for non-public housing purposes, any amounts payable by City of
                     Glens Falls Housing Authority under this amendment to Loan and Subsidy Contract
                     may only be paid with non-public housing funds.

                     c. NO HUD GUARANTEE: The obligations created pursuant to the transaction
                     approved by HUD and as included in the amendment to Loan and Subsidy Contract
                     are not obligations of or guaranteed by HUD or the United States of America. No
                     action taken by these parties or in these documents shall result in any liability to the
                     federal government.

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

Councilman-at-Large Hall stated they didn’t have a Landfill meeting, but have made a
little progress. They are working up there right now on the entryway and road. Hopefully
it will be ready for Spring pick-up. He hopes to bring the Council update at the next
meeting.

Councilman Busch stated it’s getting better weather now which means we can do
construction – he would like to remind Mr. Gurzler about drawing up plans for NiMo to
fix Prospect Street.

Mayor Diamond replied that he would get Mr. Gurzler focused on that.

Councilwoman Villa-White stated she would like to get the East Field Committee
together soon – she’ll come up with a date and inform the Council.

Councilman Driscoll stated the next meet of the curfew committee will meet again on
3/27. A sub-committee has been formed to collect data and are doing some fact-finding
and will be presenting it at the meeting. He thanked everyone, including Councilwoman
Villa-White’s son, who attended the last meeting. He encouraged people to let members
of the committee know how they feel about a curfew.
Pg. 14
Common Council
03/09/10
He thanked the residents of the Fifth Ward and everyone who attended the last
Planning Board meeting. An interesting project was presented by Monty Liu and his
engineer, Tom Jarrett. He encouraged residents from the Fifth Ward to contact John
Ward or himself if they want to have any feedback or have any opinions on that project.
Season tickets for the 2010-2011 Phantoms Hockey season tickets are on sale as well
as this season’s Golden Eagles baseball tickets.

New Business

Councilman-at-Large Hall stated the Mayor’s Office received a response from Brigham
Young University with regards to the letter sent to asking them to consider playing here
at the Civic Center. The response from the Athletic Director said he was trying and
giving it his best shot. The Mayor’s Office responded with another letter stating anything
we could do to help them bring Jimmer Fredette and the BYU basketball team to Glens
Falls to let us know. It was a very positive response.

Councilman Busch stated a Public Hearing with regards to the Community Development
Block Grant will be held at Abraham Wing School on 3/31 at 7 PM. He hopes people
from the First Ward will be able to get there. They’ll be talking about the 5-year plan and
the First and part of the Fifth Ward get extra money for projects so we would like to hear
from them on what they would like to see this money go for. He welcomed new owners
of a business into Ward One and announced the opening of the Lawrence Street
Tavern on Friday at 4 PM, formerly the Wander Inn.

Councilman Watson stated the CDBG Public Hearing for Ward Three would be held on
3/16 at the Sanford Street School from 7-8 OM. He stated further that the Bowl for Kids
Sake fundraiser for Big Brothers, Big Sisters would be held on 3/21, 3/27 & 3/28.

Councilman Brock stated the CDBG Public Hearing for the Fourth Ward would beheld
on 3/30 at the Mid-Rise Center at the Village Green Apartments at 7 PM. It’s an
opportunity for everyone from the Fourth Ward to come and express their desires and
ideas. It has had a big impact on Ward Four – they’ve been able to do a number of
things, sidewalks and curbs in particular and it’s important to get input.

Councilman Driscoll stated the CDBG Public Hearing for the Fifth Ward will be held on
3/11 at Big Cross School at 7 PM. He stated further that the Saga City Sisters
Committee will be meeting at the Queensbury on 3/27th. The Hadley –Luzerne School
District is sponsoring students this year. On Thursday, March 18th is the 22nd annual Job
Discovery job fair at ACC. There are generally between 50-70 local employers who
have real jobs and want to talk to those who are interested in new careers or changing
careers. At Christ Church United Methodist “Someone Else’s Supper” will take place on
3/20, a community festival of praise that will benefit The Open Door soup kitchen and
area food pantries.

Mayor Diamond stated he received a letter from Ames Goldsmith commenting and
commending our Fire Department on their response to a fire that took place off Geer
Street. They responded quickly and kept the fire under control. Mr. Busch brought up
Amanda’s Law at the Council meeting two weeks ago. He is about to co-ordinate
between the Fire Department and Buildings and Codes Dept. actual inspections of
every multiple dwelling premises in the City to ensure CO2 detectors are in place.
Pg. 15
Common Council
03/09/10


He stated further that it’s been confirmed that on July 9th Serena Williams and Martina
Hengis will be playing at the Civic Center and ticket sales will be on sale shortly.

PUBLIC COMMENT

Mr. Landry addressed the Council. He thanked the Mayor, Council and the Community
Development Office for their assistance and support in the Housing Authority’s attempt
to federalize our developments at Stichman Towers and LaRose Gardens. With the
resolution passed tonight they can complete the application which if the federalization
does occur will provide funding to make improvements and eligible in the future for
federal funding to improve housing quality throughout the City.

Councilwoman Villa-White asked when they might hear on the federalization?

Mr. Landry replied he will know by next Tuesday.


        RESOLUTION NO. 88

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