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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 24, 2011
                                        MEETING MINUTES

A regular Common Council meeting was held on Tuesday, May 10, 2011 at 7:30 PM in
the Common Council Chambers, City Hall, 42 Ridge Street, Glens Falls, New York,
12801.

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

Absent: None.

Also Present: City Attorney Ronald Newell, Robert Curtis, City Clerk, Edward
Bartholomew, Economic and Community Development Director and The Post-Star.

Mayor Diamond opened the meeting.

Public Comment

Don Hatin, 16 Thompson Ave., Neighborhood Watch representative, addressed the
Council. He stated the public was not aware the dispatching issue is on the agenda
tonight. Regarding savings for the City additional expenses have not been addressed.
The City is simply passing the burden onto the County. He stated that a Sergeant isn’t
always available here in this building to handle walk-ins – they’re out on the road
constantly. The upcoming leaves and promotions will further reduce a police presence
on the street. He stated further that intimidation of Department’s members is bad
management and the wrong way to run it. We have asked to participate in the process
and have called the Mayor’s Office on it and was told nothing is going on only to find out
there have been meetings, etc. with the County on this. This is a major issue for the
residents of the City that will affect their daily lives and most don’t even know about it.
He stated further that he believes there will be extra costs for phone kiosks, clerks and
for extra manpower.

Richard Blair, Civil Service Labor Representative addressed the Council. He stated he
was here representing the four Dispatchers who currently work for the City who have a
number of concerns. He asked the Common Council to table this resolution so that they
may be addressed. The first they heard of this move was on 5/12. John Barrett saw an
article in the Post Star. He asked if the situation was a subcontracting out of the
dispatching services for 8 years? Is this a transfer of function? He requested on behalf
of CSEA to table the resolution for dialogue to take place.

Cindy Hatin, 16 Thompson Ave. asked who paid the Mayor’s and Council’s salaries?

Mayor Diamond replied the tax payers.

Mrs. Hatin asked why then were the taxpayers left out of this decision?
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05/24/11
Mayor Diamond replied when this started out they were included via questions they had
and they’ve lobbied the Police Department with Captain Valenza and Chief Bethel who
are engaged to implement the process. He is looking to get commitments from the
Common Council tonight. They Warren County Supervisors have approved a resolution.
If they are unable to come to a consensus tonight there will be no need to continue with
the dialogue with the County.

Mrs. Hatin stated the Neighborhood Watch won’t be able to exist without dispatchers.

Matt Suders, a 23-year Dispatcher for the City of Glens Falls addressed the Council. He
stated the 4 Dispatchers employed by the City represent 50 years of experience
representing the interests of the residents of the City. He lives in Queensbury. The level
of service the residents receive will be affected if the dispatching goes to the County.
Certain aspects of their job are unique to Glens Falls. Now when someone calls the
office of the Police Department in Glens Falls they will get a machine. It’s not fair to the
residents to get a machine when they need help.

Susanne Whitemore, 26 Harlem St., addressed the Council. She stated she moved to
the City 2 ½ years ago and called the Police Department on three occasions – they
showed up within 2 minutes and were wonderful. She asked the Council to show
restraint on this and to table the resolution.

Mr. Hatin added that no one here is for this move or they would be here too.

Mayor Diamond stated there will be ongoing discussions. They have taken on questions
and are moving forward with this. Technology allows them to advance forward. He
thinks at the end of the day they’re going to end up with a better structured service,
better response time will eliminate a duplication of cost. This is the point were the
Council has to make a determination whether we’re going to continue the dialogue. He
doesn’t want to spend a lot of time with the Police Dept. engaging in discussions on the
management, the implementation, but assures that when he is ready to do that to share
that they’re going to have a comfort level for everybody and public safety will not be an
issue and they’re going to improve the bottom line.

Eric Helms, a Dispatcher for the City, addressed the Council. He stated what was meant
by a “duplication of services”?

Mayor Diamond stated the public is aware that 911 calls go to the County then they
come back down to the City’s Dispatcher then directly to a Police car.

Mr. Helms stated that only 4.6% of the calls for service the Police Department
responded to in 2010 came from 911 calls that went to Warren County, the rest of them
came through 761-3840.

Committee Reports

Councilman Watson stated he is convening a Personnel Committee meeting on 5/31 at
6 PM here – there are a number of issues to discuss.

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        RESOLUTION NO. 183

        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
        May 10, 2011 meeting of the Glens Falls Common Council.


        RESOLUTION NO. 184

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

        RESOLVED THAT, the Common Council hereby approves the 2nd Annual
        Charity Basketball Tournament at Crandall Park Courts on July 29 and July 30,
        2011 as recommended by the Recreation Commission with proceeds to benefit
        local charities, including the Glens Falls Youth Center.

Councilman Busch stated he would like to pull Item #5 for discussion.

        RESOLUTION NO. 185

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

        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 West side of Pine
        Street to provide parking in front of the office of Dr. Gary Poster at 11 Pine
        Street. The restriction would be to make one parking pace in front of the doctor’s
        office as 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 attached hereto as
        Exhibit “A”, (ii) schedule a Public Hearing on Tuesday, June 14, 2011 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”.
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Common Council
05/24/11
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. 186

                           INTERMUNICIPAL AGREEMENT PROVIDING
                         COOPERATWE CODE ENFORCEMENT SERVICES

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

        THIS AGREEMENT, made and entered into this 24th day of May, 2011, by and among
        the VILLAGE OF HUDSON FALLS, a municipal corporation with its offices at 220 Main
        Street, Hudson Falls, New York 12839 (hereinafter “Village”), the TOWN OF
        KINGSBURY, a municipal corporation with its offices at 210 Main Street, Hudson Falls,
        New York 12839 (hereinafter “Town”) and the CITY OF GLENS FALLS, a municipal
        corporation with its offices at 42 Ridge Street, Glens Falls, New York 12801, (hereafter
        “City”),
                                        WITNESSETH:
        WHEREAS, the City employs a Code Enforcement Officer/Building Inspector; and

        WHEREAS, pursuant to an intermunicipal agreement for shared services of Code
        Enforcement Officer/Building Inspector, the Code Enforcement Officer/Building Inspector
        employed by the Village also serves as the Code Enforcement Officer/Building Inspector
        for the Town; and

        WHEREAS, from time to time a Code Enforcement Officer/Building Inspector may be
        unavailable for various reasons, including but not limited to, sickness, vacation or conflict
        of interest; and

        WHEREAS, each party implements and enforces the New York State Uniform Fire
        Prevention and Building Code (NYSUFPBC) and has an ongoing responsibility to
        provide enforcement of the NYSUFPBC in their respective municipalities; and

        WHEREAS, the parties are desirous of contracting with each other for the purpose of
        sharing such services with each other to insure uninterrupted enforcement of the
        NYS U FPBC;

        WHEREAS, pursuant to Article 9, Section 1 of the New York State Constitution and
        Section 99-c of the New York General Municipal Law, the parties hereto are empowered
        to enter into this Agreement; and

        WHEREAS, the parties hereto have determined that it is in the best interest of the
        parties thereof to share such services and resources,

        NOW, THEREFORE, IT IS HEREBY AGREED, by and among the City of Glens Falls,
        Town of Kingsbury and the Village of Hudson Falls as follows:

                 1. The parties hereto authorize their respective Code Enforcement
                 Officers/Building Inspectors, upon request of the receiving party, to exchange
                 services, limited to enforcement of NYSUFPBC. This Agreement shall not include
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Common Council
05/24/11
                 enforcement of local zoning and housing maintenance regulations, or any other
                 local laws, codes or ordinances. The exchange of cooperative services as
                 provided for herein is strictly voluntary and should not in any way hamper or
                 delay the services within the provider municipality.

                 2. The municipality providing cooperative services shall:
                        A.     Be responsible for injury to any of its employees under the
                               Worker’s Compensation Law.
                        B.     Pay its personnel as it would if the work were performed for the
                               provider municipality.
                        C.     Be liable for negligence of its employees occurring in the
                               performance of their duties in the same manner and to the same
                               extent as if the negligence occurred in the performance of their
                               duties for the provider municipality.

                 3. The municipality receiving the cooperative services shall:
                        A. Reciprocate to the provider municipality relating to the cooperative
                        services when requested to do so in accordance with the terms of this
                        Agreement.

                 4. The need for and scheduling of the shared services under this Agreement
                 shall be coordinated through the office of the Clerk of the City of Glens Falls and
                 the office of the Clerk/Treasurer of the Village of Hudson Falls. In a case of an
                 emergency, Code Enforcement Officers will be contacted directly by the Village
                 of Hudson Falls Police dispatch, City of Glens Falls Police Department and
                 Washington County Office. of Public Safety. An “Emergency” is defined as police
                 or fire incident or other dangers to buildings or persons.

                 5. The term of this Agreement shall be from year to year and shall be
                 automatically extended each year unless any party notifies the other on or before
                 December 1 prior to that year that said municipality wishes to withdraw from the
                 Agreement in the ensuing calendar year.

                 6. Each party hereto covenants and agrees to indemnify and save harmless the
                 other party against claim for any loss, injury, death and/or damage and against
                 any claim for compensation for which the provider municipality may or shall be
                 liable by reason of its participation in the services to be rendered pursuant to this
                 Agreement.

                 7. In accordance with the provisions of Section 109 of the General Municipal
                 Law, the parties hereto are hereby prohibited from assigning, transferring,
                 conveying, subletting or otherwise disposing of this Agreement, or of its right, title
                 or interest in this Agreement to any other person or corporation without the
                 previous consent in writing of the other party.

                 8. No waiver of any breach of any condition of the Agreement shall be binding
                 unless in writing and signed by the party waiving said breach. No such waiver
                 shall in any way affect any other term or condition of this Agreement or constitute
                 a cause or excuse for a repetition of such or any other breach unless the waiver
                 shall include the same.

                 9. This Agreement constitutes the entire Agreement between the parties. No
                 modification of any provisions hereof shall be valid unless in writing and signed
                 by all parties.
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Common Council
05/24/11
                 10. This Agreement is governed by the laws of the State of New York.

                 11. Authority. Each of the persons signing below warrants he or she is duly
                 authorized to sign this Agreement on behalf of the party for which he or she is
                 signing.

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. 187

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

        RESOLVED THAT, the Common Council hereby retroactively approves an
        Encroachment Permit application for Glens Falls National Bank/MLB
        Construction Services LLC to perform various work on the sidewalk along South
        Street and in the Parking Area behind 250 Glen Street as part of the \Glens Falls
        National Bank/Madden Hotel 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.

        RESOLUTION NO. 188

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

        RESOLVED THAT, the Common Council hereby approves a one-week Mobile
        Food Unit Permit for Karolee Clemons, 1037 Helen Street, Schenectady, NY
        12303, allowing her to vend at the auto show fundraiser for The House of Grace
        in Crandall Park on June 18, 2011. (raindate 06/19/11)

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. 189

        On the motion of Councilman Busch, seconded by Councilwoman Villa-White, it
        was
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Common Council
05/24/11
        RESOLVED THAT, the Common Council hereby approves an Encroachment
        Permit for Lynch Communications Construction, LLC, on behalf of Time Warner
        Cable, allowing them to install 2-inch fiber optic conduit at a depth of 18 inches
        along Rogers and Katherine Streets, per City/State rules and regulations.

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. 190

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

        WHEREAS, the Glens Falls Police department has received asset forfeiture
        monies in the amount of $53.71, representing their share of assets in the matter
        of People vs. Fortune;

        NOW, BE IT RESOLVED THAT, the Common Council hereby authorizes the
        Controller’s Office to increase General Fund Revenue Line A009999-3098
        (Forfeiture and Crime Proceeds) by $53.71 and increase General Fund Expense
        Line A23126-4479A (Seized Assets – State – GFPD) by $53.71.

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. 191

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

        RESOLVED THAT, the Common Council hereby authorizes the Controller’s
        Office to increase General Fund Revenue Account A009999-2770 (Misc.
        Revenue) by $4907 and increase General Fund Expense Account A6-7145-4479
        (Joint Recreation Project – Other Contracted Services) by $4907.

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. 192

        On the motion of Councilman Busch, seconded by Councilwoman Villa-White, it
        was
Pg. 8
Common Council
05/24/11
        RESOLVED THAT, the Common Council hereby authorizes the Controller’s
        Office to create a “Trust and Agency Account” in conjunction with the City of
        Glens Falls event at the Glens Falls Civic Center on June 23, 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.


        RESOLUTION NO. 193

                 RESOLUTION AUTHORIZING THE ASSIGNMENT AND SECURIZATION OF A
                          CERTAIN LEASE PURCHASE AGREEMENT.

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

        WHEREAS, the Common Council of the City of Glens Falls has previously authorized the
        refinancing of an Energy Performance Contract Lease/Purchase Agreement dated as of May 12,
        2008 (“Lease No. 1”); and

        WHEREAS, Crews & Associates, the current holder of Lease No. 1 and the counterparty to the
        new lease to be executed (the “Lease Purchase Agreement”) has requested the ability to deposit
        the Lease Purchase Agreement in a trust and sell interests therein; and

        WHEREAS, it is in the best interests of the City to approve the deposit of the Lease Purchase
        Agreement with a custodian and the issuance of certificates representing fractional, undivided
        interests in the Rental Payments to be made pursuant to the Lease Purchase Agreement;

        NOW, THEREFORE, BE IT RESOLVED, by the affirmative vote of the total voting strength of the
        Common Council of the City of Glens Falls, Warren County, New York, as follows:

        Section 1. (a) The assignment and deposit of the Lease Purchase Agreement in a custodial
        arrangement with a financial institution (the “Custodian”) and the execution and delivery by the
        Custodian on behalf of the Lessee of certificates representing fractional, undivided interests in the
        Rental Payments to be made pursuant to the Lease Purchase Agreement (the “Certificates”), and
        the engagement of Crews & Associates, Inc. (the “Underwriter”) for the purpose of assisting with
        the sale of such Certificates is hereby authorized; provided, that, the Certificates shall be offered
        only in compliance with the Securities Act of 1933 or any other -2-
        applicable securities laws, and in accordance with Rule 15c2-12 of the Securities Exchange Act
        of 1934 (the “Rule’). It is acknowledged and agreed that the final structure of the Certificates may
        result in the principal amount and interest rate on the Lease Purchase Agreement, but such
        deviations shall not affect the terms of the Rental Payment obligation of the Lessee under the
        Lease Purchase Agreement.

        Section 2. To prescribe the terms and conditions upon which the Certificates are to be executed,
        authenticated, issued, accepted and held, the City Controller is hereby authorized and directed to
        execute, acknowledge and delivery a custodial agreement (the “Custodial Agreement”) on behalf
        of the City, and the City Controller is hereby authorized and directed to cause the Custodial
        Agreement to be accepted, executed, and acknowledged by the Custodian named therein. The
        City Controller is hereby authorized and directed to confer with Custodian, Underwriter and legal
        counsel in order to complete the Custodial Agreement with terms, conditions and provisions that
        are usual and customary as approved by the City Controller and legal counsel. The execution of
        the Custodial Agreement by the City Controller shall be conclusive evidence of the approval of
        the Custodial Agreement.
Pg. 9
Common Council
05/24/11
        Section 3. To provide disclosure to investors sufficient to meet the requirements of any law by
        which the Certificates will be offered, the City Controller is hereby authorized and directed to
        execute, acknowledge and delivery a preliminary official statement and a final official statement
        (collectively, the “Official Statement”) on behalf of the City. The City Controller is hereby
        authorized and directed to confer with the Custodian, the Underwriter and legal counsel in
        order to complete the Official Statement with terms, conditions and provisions that are usual
        and customary as approved by the City Controller and legal counsel. The execution of the
        Official -3- Statement by the City Controller shall be conclusive evidence of the approval of
        the Official Statement.

        Section 4. To provide continuing disclosure as required by the Rule, the City Controller is
        hereby authorized and directed to execute, acknowledge and delivery a continuing disclosure
        agreement (the “Continuing Disclosure Agreement”) on behalf of the City. The City
        Controller is hereby authorized and directed to confer with the Custodian, the Underwriter
        and legal counsel in order to complete the Continuing Disclosure Agreement with terms,
        conditions and provisions that are usual and customary as approved by the City Controller
        and legal counsel. The execution of the Continuing Disclosure Agreement by the City
        Controller shall be conclusive evidence of the approval of the Continuing Disclosure
        Agreement; and

        Section 5. The City Controller is hereby authorized and directed to execute and deliver a Rule
        15c2-12 Certificate, a DTC Letter of Representations, an IRS Form 8038-G and all such
        other instruments, documents and certificates required or desirable in connection with the
        Lease Purchase Agreement and the Certificates, to the end that the Certificates may be
        delivered at the earliest possible date.

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. 194

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

        RESOLVED THAT, the Common Council hereby approves a contract by and
        between the City of Glens Falls and Darin Williams, DBA Golden Eagles
        Baseball, for use of East Field Stadium for the 2011 season.

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. 195

           RESOLUTION APPROVING AND AUTHORIZING SUBMISSION OF THE CITY’S
                COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM 2011
                    CONSOLIDATED/ACTION PLAN AND 2011 BUDGET
Pg. 10
Common Council
05/24/11
        On the motion of Councilman Busch, seconded by Councilwoman Villa-White,

        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 of Glens Falls receives an annual allocation of funds from the CDBG
        Program as a result of this designation and has prepared a five-year Consolidated Plan which
        establishes priorities for the use of CDBG funds during the period from 2010-2014; and

        WHEREAS, the City’s entitlement allocation for fiscal year 2011 amounts to $475,095.00
        (representing approximately 22 per cent reduction in funding from 2010 loss of $134,000) plus an
        estimated $28,768.00 in Program Income for total of $503,863.00; and

        WHEREAS, the City has developed an Action Plan for the proper expenditures of the
        funds allocated for the 2011 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 2011 Action Plan; and

        WHEREAS, the City has conducted a series of public information meetings throughout
        the City regarding the proposed 2011 Action Plan and Budget, posting of this information on the
        web site and in the newspapers and;

        WHEREAS, the City has met the requirements of the Citizen Participation Plan allowing
        for adequate public input into the development of the 2011 Action Plan;

        THEREFORE, BE IT RESOLVED, that the Common Council in its capacity as the governing
        body of the City hereby approves the 2011 Action Plan and 2011 Budget and further authorizes
        the Mayor to submit the 2011 Year Action Plan; and

        BE IT FURTHER RESOLVED, that the Common Council agrees that if the City receives
        any increase in community development funding for this proposed 2011 budget, the City
        will restore funds where possible in accordance with allocation of 2010 budget beginning with:
        Public Service Agencies, Rehabilitation and Infrastructure, and pursuant to the HUD guidelines
        for Community Development budgetary amendments.

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. 196

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

        WHEREAS, the Community Development Office is currently operating and conducting its
        bookkeeping system manually; and

        WHEREAS, with the many changes and additional requirements directed by the Housing Urban
        Development Office to provide additional updates and on-line reports computerization of the
        financial operations for the Community Development Office will assist in the efficiency of the
        office;
Pg. 11
Common Council
05/24/11
        NOW, THEREFORE BE IT RESOLVED, that the Common Council hereby authorizes and
        approves the Community Development Office to undertake the design and development of a
        computerized accounting and bookkeeping system for the financial records of the Community
        Development Office including general ledger, subsidiary ledgers, related journals and reporting
        templates for use in routine external financial reporting, at a cost not to exceed $3500.00 and any
        training and assistance of system utilization at a cost of $75.00 per hour, with payment to be paid
        from Community Development 2011 funds(non-City funds).

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. 197

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

        RESOLVED THAT, the Common Council hereby approves the Community
        Development Office’s manual payments, in the amount of $18,443.42.

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. 198

        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 #2011-09 dated 05/24/11 and approved by the Purchasing Officer be
        ordered and paid and charged to their respective accounts:

                 A General Fund ----------------------------------------- $     251,584.49

                 CV Civic Center ----------------------------------------- $     11,224.65

                 E01 GGFTS Operations & Maintenance ---------- $                29,085.39

                 E02 GGFTS Capital ------------------------------------ $          684.50

                 F Water Fund --------------------------------------------- $   10,460.29

                 G Sewer Fund -------------------------------------------- $    25,396.80

                                    WARRANT TOTAL: $328,436.12

Roll call vote taken on the foregoing resolution resulted as follows:
Pg. 12
Common Council
05/24/11
AYES: Councilman-at-Large Hall, Councilwoman Villa-White, Councilmen Busch,
Watson, Brock and Driscoll.
NAYS: None.
Said resolution declared Adopted.

Mayor Diamond stated Item #5 is a resolution approving a Memorandum of
Understanding by and between the City of Glens Falls and Warren County for a
Consolidated Communication Project for dispatching services.

Councilman Busch stated he would like to have this resolution pulled. He thinks it’s
moving too fast. As you know, as in the past, he is still opposed to this. He thinks public
safety is a big issue with it. If we do not have Dispatchers here and one Officer has an
arrest, after 10 PM that Officer has to stay in the station until the next morning when the
County comes and picks the prisoner up. That takes one Officer off the street and
possibly makes them more vulnerable on the street not having that Police Officer there.
He had a conversation with somebody who knows more about this than probably
anybody else does. He requested he not vote for this. He is going along with that but his
mind was made up before. He stated further he doesn’t think this is a good idea and
thinks there are a lot of hidden costs. He doesn’t think the County has answered all of
his questions. He stated he’s listened to the Police Dept. calls on the radio. When they
pull a car over the Officer will call for “warrants and wants” on the people. They had a
recent case where John Wendell pulled a gentleman over and got the wants and
warrants and found out the gentleman was wanted and that he had been pulled over by
the County and they don’t do that so that put their Officers at another level of security
risk. He stated if you listen to Warren County Sheriff’s on the radio, they’re polled all the
time. They’re call and find out where everybody is so they can send someone to an
incident. In the City the Dispatchers pretty much already know where everybody is
patrolling and can send that car where it needs to go. Also our Dispatchers know a lot of
times when a phone call comes in and so and so is fighting with so and so” they know
all of those characters in the City and can tell the Officers to beware so and so will be
there. He is not discrediting the Warren County Dispatching Center but the thinks there
are a lot of unanswered questions and asks that this be tabled for that reason.

Mayor Diamond stated as he mentioned earlier, they are working through the details.
The Common Council will have a chance to approve the finalized proposal. This is a
memorandum that we are agreeing with the County on the financial structure. He has
yet to see any questions addressed to him on the issue. – please forward them to him
so they can be answered. He feels their team has been assembled and is going to be
able to satisfy everybody’s questions and make this implementation successful. The
other point Councilman Busch made is in the event they have an arrest we’re taking an
Officer off the street. There is a certain liability if their Dispatchers are not trained. It is
on the advice of the City Attorney that they don’t act as Correctional Officers. We will
have to bring an Officer in off the street to manage any prisoners until they’re
transferred. It’s a past practice they’re going to stop because according to the City
Attorney the City is at a liability because they’re not Correctional Officers, they’re
Dispatchers.

Councilman Busch stated he doesn’t think the Dispatchers watching them on a TV
monitor is the same as custody and care of a prisoner.
Pg. 13
Common Council
05/24/11
Mayor Diamond stated it is not the responsibility of the Dispatchers to be in there and
engaging prisoners – that’s a Police Officer’s job. He stated further that Mr. Busch has
gone on the record opposing this before we even talked about the financial structure.
He thinks he owes it to the tax payers of Glens Falls to at list consider the financials and
how it’s going to impact the tax payers in the future. He doesn’t think he’s being
objective. He asked if the person giving him advice is in the room tonight?

Councilman Busch replied no.

Mayor Diamond stated he would encourage the Council to approve this resolution,
approving the financial structure and be willing to work with the administrative staff –
Will Valenza, Chief Bethel and Rob Ashe are going to look at everything, take
everyone’s questions into consideration and they’re going to come up with an objective
solution to make that transition to Warren county Dispatchers successfully. He stated
further that there are monies in the Governor’s budget for consolidation efforts which
they are applying for which if received would help to ease the costs associated with the
transition.

Councilwoman Villa-White stated she questions the wording of the resolution itself - the
first statement reads that “The County of Warren will assume the operation of
dispatching for the City of Glens Falls, effective January 1, 2012.” To her if they vote on
this, this evening, it’s a done deal. She is not sure that’s the intent here. She is not
comfortable seeing “as of January 1, 2012” it’s a done deal, they’re moving, if we don’t
have all of this ironed out.

Mayor Diamond replied this is the Memorandum of Understanding. As we work out the
details he feels they’ll have everything ironed out by the first of the year. His goal is to
make this transition in the last quarter of 2011. It still has t go to the Common Council
for ratification. The question tonight is does the Council agree that paying the County
$140,000 for each of the next 8 years is reasonable, as compared to paying $280,000
for 4 local Dispatchers every year. The details are being worked on.

Councilman Watson stated he agrees with Councilman Busch this should be tabled, at
least until the next meeting. This issue has been on the table since 2005 – when they
first ran for office. He’s been on the record saying anywhere they can to save money,
especially on duplication of services. They met with the County on this last fall an initial
meeting to see what their interest level was. The Mayor has been working on a deal
with County Supervisor Bud Taylor, kind of behind the scene through the winter to see if
they could come to some arrangement. Last week those details came out to everybody.
He thinks the agreement that’s here, logistically transferring our Dispatchers, for
$140,000 a year with no other significant costs on the back end for the City to replace
the duties they perform, is a reasonable deal. Looking at the resolution however, as
Councilwoman Villa-White said, the first sentence says “Warren County will assume
operation, … as of January 1, 2012” concerns him. They need to find out exactly what
will happen to their Police Dept. should we move these people to the County. He invited
Captain Valenza and the management team from the Police Dept. to the Personnel
Committee meeting next week to discuss issues they see as needing to be addressed
by the Council or the Police Dept.
Pg. 14
Common Council
05/24/11
He would like to table this until the next meeting so that they can review the logistics
within the Police Dept. to see if this proposal even works for us because $140,000 a
year sounds great but if they have additional costs with clerks or using Police Officers to
fill in for some of the roles Dispatchers are performing, we need to know that. Right now
we don’t know the details.

Councilman Brock stated he doesn’t think they’ll know that in to weeks either.

Councilman Watson stated maybe not but he would at least like to find out what the
Police Dept. feels they may need if they lose people who perform functions for them, the
same as they would for the Fire Dept. or Recreation Dept.

Mayor Diamond stated he thinks the Police Dept. has been working on that and any
questions he may have he can forward to them. It’s not a completely done deal. They
are approving a financial structure. He’s not going to waste the Chief’s time if $140,000
or this structure doesn’t work.

Councilman Brock stated this resolution is in parallel to what the County did so that we
can begin to negotiate. We don’t how much they’re going to charge to train, or for
overtime… There are a bunch of issues left unsettled. This resolution says the Council
is willing to entertain negotiations. In the meantime Councilman Watson can check all
this stuff out and we can negotiate with the County. At the end of the day, after
negotiations with the County you can say no then. This just gets the ball rolling. The
Dispatchers aren’t going to move on January 1st if we say no or if we say the thing isn’t
done. Wait until the thing is negotiated – maybe at that point we’ll look at the contract
and say we don’t like it.

Councilman Watson stated his point is you have already negotiated – there is already a
fee structure in place. We need to know all of the costs.

Mayor Diamond stated he is asking the Council to endorse the concept and continue
discussions with the Sheriff’s Dept. The Supervisors have already endorsed the
concept.

Councilman Watson stated if #1 on this Memorandum of Understanding was deleted he
would support it. He feels it’s already saying we’re going to do this.

Mayor Diamond replied they could add language to the effect that it is “subject to further
ratification by the Common Council, the effective date would be January 1, 2012.”

Councilman Driscoll stated he spent an 8-hour shift in the Police Dept. about 5 years
ago, including 4 hours with the Dispatchers. He stated further that he represents in the
Fifth Ward, many active and retired Police Officers, Firefighters, Correctional Officers
and CSEA employees and hasn’t heard feedback from any of those people and over the
past 5 years he has done his best to engage the people he represent6s and ask them
their opinion. He looks at what is best for the residents in the long run and that’s how he
makes his decision. He thanked people for their input. As Mayor Diamond and the City
Council works for you so does Sheriff York and the members of the Warren County
Sheriff’s Office.
Pg. 15
Common Council
05/24/11
If we enter into an agreement with Warren County he will make sure that our Chief of
Police is telling them when they’re dropping the balls or not providing timely and efficient
service to the residents of the City. He agrees public safety is paramount and one of the
most important things that we do. As the Mayor said this is the first step, not the signing
of a contract. It’s a Memorandum of Understanding that indicates we’re interested in
future discussions.

Councilman Brock stated people are acting as if this was rushed – he’s been working on
it for 2 months. The County made their decision and we’re agreeing with them that the
financial part of this is basically ok. It doesn’t mean there is an agreement – there are
plenty of negotiations to be done and all of you will be a part of it. It’s all been done up
at the County and we’re just beginning the process. There will be a vote on the final
contract. People in his Ward say it’s about time and politicians do represent the people.
This will save jobs. When the budget comes due you will see what we’re talking about –
things are going through the roof cost-wise and revenues are going down. We make
about $10,000 each which is a drop in the bucket to what we save the City. Give us the
respect to do what is best.

Councilwoman Villa-White asked about the parties agreeing to scheduling meeting
dates to discuss the issue.

Mayor Diamond replied that the audience could forward e-mails, letters, etc. of concerns
they have to him. If the Shared Services Committee wants to have a public forum they
can certainly do that. He stated further that 2011 is a challenging year with the Common
Council having to make tough decisions and things don’t look any easier for 2012. This
is a first step to address those issues.

Mr. Blair addressed the Council. He understands that the almighty dollar is a significant
factor here but he hasn’t heard anybody tonight say anything with regards to the 4
Dispatchers lives – professional as well as personal and what happens to them and
when he met with them today they didn’t have those answers. He noted that Saratoga
Springs had looked into doing the same with their Dispatchers but changed their minds,
keeping their Dispatchers as City employees. He suggested the Council look into why
they did that. He also agrees with Councilwoman Villa-White 100% that before this thing
becomes official these questions need appropriate answers including what happens to
these 4 City Dispatchers.

Mayor Diamond replied he believes the agreement that went on the record up at the
County is that all 4 of them will be absorbed by the County if they are able to pass the
background check. We’re not eliminating jobs; we’re just relocating them 10 minutes up
the street where they’re surrounded with a state-of-the-art communications center and
where they’ll be able to provide a better service to the City than we’re getting now.

Mr. Blair asked Mayor Diamond if he was speaking of a 70.2 – transfer of function? He
read in the newspaper that the Sheriff had said these Dispatchers would have to
undergo probation. – Is that correct?

Mayor Diamond suggested Mr. Blair get some clarity from the minutes that were taken
as far as what the Sheriff said. The Sheriff said the Dispatchers would be absorbed
through the Sheriff’s Dept. and they would be required to pass a background check.
Pg. 16
Common Council
05/24/11
Councilman Brock stated Paul Dusek who is a lawyer and also the head of the County
brought up those same things saying they would be worked out in the future. None of
those issues have been brought up. They just agreed that the 4 will be brought up.

Mr. Blair stated he has e-mailed Mr. Dusek for answers on seniority, benefits and leave,
etc.


        RESOLUTION NO. 199

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

        WHEREAS, the City of Glens Falls has been meeting with the Warren County
        Shared Services Committee chaired by Supervisor Bud Taylor along with Sheriff
        Bud York and other County officials; and

        WHEREAS, after much discussion and review, the County Shared Services
        Committee and the City’s Shared Services Committee convened on May 12, 2011 and `
        following discussions, the County Committee voted to approve, conceptually, the
        consolidation of City dispatching into the County’s dispatching system upon the terms
        outlined in the attached Memorandum of Understanding; and

        WHEREAS, it is necessary for an orderly transition from the City to the County for
        dispatching services; and

        WHEREAS, Chief Joseph Bethel and Captain Will Valenza are undertaking the initial
        stages of implementation in this process; and

        WHEREAS, the County and City Shared Services Committees, in concert with Police
        Chief Bethel, Police Captain Valenza and Sheriff Bud York, will continue their efforts
        toward an effective date for transition of January 1, 2012 and upon further ratification by
        the Common Council; and

        WHEREAS, training will be required for the dispatchers at the County;

        NOW THEREFORE BE IT RESOLVED, that the Glens Falls Common Council hereby
        approves, conceptually, the proposed Memorandum of Understanding involving the
        present City of Glens Falls dispatching services and the County of Warren as follows:

        This Memorandum of Understanding is made this 24, May 2011 by and
        between the City of Glens Falls, municipal corporation and political subdivision
        established under the Laws of New York State, having its principal offices and place
        of business located at City Hall with a mailing address of 42 Ridge Street, Glens Falls,
        New York 12801 (the “CITY”) and the County of Warren, municipal corporation and
        political subdivision established under the Laws of the State of New York, having its
        principal offices and place of business located at the Warren County Municipal Center
        with a mailing address of 1340 State Route 9, Lake George, New York 12845 (the
        “COUNTY’);

        WHEREAS, a consensus has been reached between the two municipalities
        regarding the consolidation of dispatching communication 911 system;

        NOW THEREFORE, the Parties conceptually agree to the following:
Pg. 17
Common Council
05/24/11
        1. The County of Warren, will assume operation of dispatching for the City of Glens
        Falls, effective January 1, 2012, subject to further ratification by the Glens Falls
        Common Council.

        2. The City of Glens Falls will compensate the County of Warren $140,000 per year for
        eight years for assumption of dispatching services, effective January 1, 2012. Payments
        are to be made to the County by the City twice a year in the amount of $70,000 on
        January 31, and July 30 of each year through 2019. Beginning in 2020 there shall be no
        charge to the city for this dispatching service.

        3.The County’s intent is to employ the existing employees from the City’s dispatching
        group as County employees upon the individuals being deemed qualified and approved
        through the County’s personnel and employment process.

        4. The City will pay all expenses to the County for any required training of the city
        dispatchers at the County Municipal Communication Facility.

        5. Parties agree to develop a schedule of meeting dates so that the Shared Services
        Committees of the County and the City along with required personnel such as Police
        Chief Joseph Bethel, Captain William Valenza of the Glens Falls Police Department,
        Chief Jamie Schrammel of the Glens Falls Fire Department, Warren County Sheriff Bud
        York and other designated parties will convene to implement this transition to the County
        by January 1, 2012. The joint Committee shall provide written updates to the Mayor of
        Glens Falls and Chairman of the Warren County Board of Supervisors regarding the
        progress of implementing this 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.

OLD BUSINESS

Councilman-at-Large Hall stated plans are being finalized for the Jimmer Jam event at
the Civic Center on 6/23. He’ll give the Council a full update at the next meeting. A great
evening is planned.

Councilwoman Villa-White stated the second Look and See trolley tour for realtors will
be held on 6/16, beginning at 8:30 AM. She added that there was a basketball
tournament at the High School this weekend and kids were actually going down the
hallways looking for Jimmer’s locker. They wanted to see the library where he took
books out from and his locker.

Councilman Driscoll stated the Americade will be in Lake George June 6th and 7th and
LARAC on June 11th and 12th.

NEW BUSINESS

Councilman Driscoll stated he and Warren County Supervisor Bill Kenny will be holding
a Town Hall meeting at the Big Cross School on 6/7 from 6-7:30 PM with Lauren Stack,
City Assessor as a guest speaker.
Pg. 18
Common Council
05/24/11
He thanked the Special Projects Committee for ironing out the agreement with the
Golden Eagles. There has been a recent redistricting of the District. A number of 5 th
Ward residents shared their concern of children walking from the Village Green and the
other side of Broad Street, in particular at the intersection of Broad and South just past
the Hospital. It is hazardous for both pedestrians and motorists. He is going to request
the Board of Pubic Safety look at the history of incidences in that area.

Mayor Diamond stated he has met with Supt. Tom McGowan about repositioning the
crossing guards. He suggests bringing his constituents concerns to the School so they
can be addressed at one time. Then they can bring them to the Board f Public Safety in
a unified manner. He stated further that there was a request from Mrs. White for a
sidewalk on William Street. That will be done in the very near future.
                                                                                                      


       RESOLUTION NO. 200

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

        RESOLVED THAT, the Common Council hereby adjourns the May 24, 2011
        meeting.


				
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