CITY OF GLENS FALLS COMMON COUNCIL September 13, 2016 MEETING MINUTES

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1 CITY OF GLENS FALLS COMMON COUNCIL September 13, 2016 MEETING MINUTES A regular City of Glens Falls meeting was held at 7:30 p.m. on Tuesday, September 13, 2016 in the Chambers, City Hall, 42 Ridge Street, Glens Falls, New York, Present: Councilman-at-Large Daniel Hall, Councilwoman Jane Reid, Councilmen James Campinell, William Collins, Scott Endieveri and James Clark. Absent: Mayor John Diamond. Also Present: City Attorney Ronald Newell, City Clerk Robert Curtis, Edward Bartholomew, Warren County EDC and The Post Star. Councilman-at-Large Hall opened the meeting in the absence of the Mayor. There were no comments from the public and no Committee Reports were given. Resident John Jacobs, 44 Horicon Ave., addressed the Council with regards to a tree house issue. He distributed pictures of said tree house to the Council, located at 65 Coolidge Avenue. He thanked the Mayor for putting it on tonight s agenda. He wants to keep the informed. He asked that the Council review the City Code regarding accessory structures. He stated this is a 252 sq. ft. structure, 25 in height and 40 from the south side of his house. He received no notification of it and feels he should have been he s not sure it s required. The structure was begun in the fall of 2015, but it wasn t until 2016 that he realized the extent of it. A Building Permit issued by Code Enforcement Officer Jim Buxton expires 10/23/16. The new Code Officer has said he will measure for compliance to the plan. There are several pieces of hardware connecting the tree house to the tree. He questions the health of that tree and whether it will survive 10, 20 or 50 years. Is there a City Arborist available to check that? He was assured by the Interim Coe Officer that the peak on the roof is temporary and will be within the 25. He suspects the peak will be permanent. He asked how a permitting officer can trust his measurements without a survey to demonstrate compliance. Councilman Endieveri stated there is no roof on there right now still a tarp over it. Councilman Campinell asked if the owners of the tree house had contacted any of the neighbors about it? Mr. Jacobs replied not to his knowledge. RESOLUTION NO. 319 On the motion of Councilman Clark, seconded by Councilman Collins, all voting affirmatively, it was

2 Pg. 2 RESOLVED THAT, the hereby approves the minutes of the August 23, 2016 meeting of the Glens Falls. RESOLUTION NO. 320 On the motion of Councilman Clark, seconded by Councilman Collins, all voting affirmatively, it was RESOLVED THAT, the hereby approves the August, 2016 Monthly Report of the City Clerk/Parking Violations Bureau. RESOLUTION NO. 321 On the motion of Councilman Clark, seconded by Councilman Collins, all voting affirmatively, WHEREAS, the Glens Falls Board of Public Safety met in regular session on Wednesday, September 7, 2016 and after careful deliberation, recommended approval of the below listed events: 1. Request by the Glens Falls Collaborative to close Maple Street from TD Bank to Ridge from 9:30 a.m. to 11:30 a.m., Saturday, Sept. 17 and a further request to hold a run/ walk along certain city streets. 2. Request by the Charles Wood Theater to reserve two parking spaces in front of the theater between 5 p.m. and midnight on Oct. 1, 2016 for unloading patrons for the theater s gala; and to permit catering vans to set up in the Ridge Street parking lot on the evening of the gala. 3. Request by the Council for Prevention to conduct Adirondack Walk for Recovery in conjunction with an event in City Park between 10 a.m. and 2 p.m., Saturday, September 10, 2016 following a route downtown along South, Hudson, Glen and Ridge. 4. Request by Adirondack Stampede Charity Rodeo to close Oakland Avenue behind the Civic Center from 2 p.m., Friday, Nov. 4 though Midnight, Saturday, Nov. 5, contingent upon maintaining access via Oakland Avenue for Finch log trucks as has been done in previous years. NOW THEREFORE BE IT RESOLVED that the Glens Falls does hereby approve the above listed requests. RESOLUTION NO. 322

3 Pg. 3 RESOLVED THAT, the hereby authorizes the Controller to increase General Fund Expense Line A (Cemetery Other Contracted Services) by $8,000 and decrease General Fund Expense Line A (Contingency) by $8,000 for tree removal at the Glens Falls Cemetery. RESOLUTION NO. 323 RESOLVED THAT, the hereby authorizes the Controller to increase General Fund Expense Line A (DPW Motor Vehicle Repair Parts DPW) by $5,000 and decrease General Fund Expense Line A (DPW-Diesel) by $5,000. RESOLUTION NO. 324 RESOLVED THAT, the hereby authorizes the Controller to increase General Fund Revenue Line A A (Donations Block Grant) by $100 and increase General Fund Expense Line A (Local Law Enforcement Block Grant) by $100, representing a donation to the Police Department s K-9 Program. RESOLUTION NO. 325

4 Pg. 4 On the motion of Councilman Clark, seconded by Councilman Collins it was RESOLVED THAT, the hereby authorizes the Controller to increase General Fund Revenue Line A (Donations PAL) by $390 and increase General Fund Expense Line A A (PAL) by $390, representing registration fees for the 2016 PAL Football season. RESOLUTION NO. 326 Resolution by the Glens Falls to Amend Greater Glens Falls Transit s Capital Budget through 2017 On the motion of Councilman Clark, seconded by Councilman Collins, WHEREAS, the City of Glens Falls is the lead agency for Greater Glens Falls Transit (GGFT), which is incorporated as a department of the City of Glens Falls, and WHEREAS, GGFT is administering a number of grants for capital improvements from the New York State Dept. of Transportation (NYSDOT) and Federal Transit Administration (FTA), and WHEREAS, at this time GGFT s capital budget E requires amendment in order to allow full expenditure of additional capital funds included in current 2017 FTA and matching NYSDOT capital grants, and WHEREAS, the expense increases included in this amendment will be fully funded by federal and New York State grants, and available funds from GGFT s existing capital reserves (participating communities); NOW THEREFORE BE IT RESOLVED, by the Glens Falls that Greater Glens Falls Transit s 2016/17 capital budget be hereby adopted as follows: Increase Expense lines E MV/Equipment FROM $ 17,485 TO $ 773,480 E Other Contr. Serv. FROM $ 10,904 TO $ 160,900 TOTAL EXPENSE $ 934,380 Increase Revenue lines E Participating Com TO $ 88,038 E State Assistance TO $ 88,038 E Federal Assistance TO $ 704,304 E Miscellaneous TO $ 54,000

5 Pg. 5 TOTAL REVENUE $ 934,380; and BE IT FURTHER RESOLVED, that the Mayor or his designee is hereby authorized to execute federal and state grant funding agreements related to this program; and BE IT FURTHER RESOLVED, that the City Controller is hereby directed to implement the above balances to GGFT s Capital budget. RESOLUTION NO. 327 Resolution by the Glens Falls to adopt Greater Glens Falls Transit s 2017 operating budget On the motion of Councilman Clark, seconded by Councilman Collins, WHEREAS, the City of Glens Falls is the lead agency for Greater Glens Falls Transit (GGFT), which is incorporated as a department of the City of Glens Falls; and WHEREAS, GGFT policy direction is guided by and Advisory Committee composed of representatives from each of the eleven area municipalities that receive GGFT services; and WHEREAS, GGFT has prepared and submitted this 2017 calendar Operating Budget for council approval to coincide with the timing necessary to fully execute its grant application to the Federal Transit Administration for operating and capital assistance; and WHEREAS, a copy of this proposed 2017 budget and related details is attached to this resolution; and WHEREAS, this proposed budget contains a +0.0% increase in the amount of municipal contributions in 2017 from 2016 of $54,531.00; and WHEREAS, GGFT s proposed budget includes funding for one new full-time Deputy Transportation Director/Mobility Manager position; and WHEREAS, GGFT s Advisory Committee members have reviewed this budget request and have endorsed its approval by the City ; NOW THEREFORE BE IT RESOLVED, by the Glens Falls that the Greater Glens Falls Transit s proposed 2017 Operating Budget is hereby adopted; and be it further

6 Pg. 6 RESOLVED, that the Greater Glens Falls Transit Transportation Director and Mayor are hereby authorized to prepare, submit and execute all grant and related funding applications, certifications, and agreements required by this budget and the Federal Transit Administration for transit financial assistance available to the City of Glens Falls and GGFT related to calendar year 2017; and be it further RESOLVED, that the City Comptroller is hereby authorized to incorporate this approved budget for GGFT as attached into the City s 2017 budget:

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8 Pg. 8 RESOLUTION NO. 328 On the motion of Councilman Clark, seconded by Councilman Collins, all voting affirmatively, it was RESOLVED THAT, the hereby approves the Community Development Office s manual payments, in the amount of $11, RESOLUTION NO. 329 RESOLVED THAT, the hereby schedules a Public Hearing for Tuesday, September 27, 2016 at 7:20 p.m. at City Hall, 42 Ridge Street, Glens Falls, NY 3 RD Floor, City Council Chambers, regarding discussion of the RESTORE NY Grant Program and City s intention to submit an application under the ESD Restore NY Program, requesting funding assistance in an amount up to $500,000 for the rehabilitation and expansion of the Queensbury Hotel, located at 88 Ridge Street, Glens Falls, and directing the City Clerk to make Public Notice thereof. RESOLUTION NO. 330

9 Pg. 9 RESOLVED THAT, the hereby authorizes the repurchase of properties located at 4, 7-9 and 11 Charles Street by the former owner, Susan Berkowitz, who has paid in full all outstanding taxes and legal fees. RESOLUTION NO. 331 RESOLVED THAT, the hereby authorizes the Mayor to enter into a contract for the sale of City-owned property at 54 Bush Street, Glens Falls to George Lamar for the sum of $10,000, pursuant to Glens Falls City Code Chapter 38. RESOLUTION NO. 332 RESOLVED THAT, the hereby authorizes the Controller to transfer funds within the Water Fund as follows: $33,000 from F (administration salaries,) $10,000 from F (Source of Supply electricity,) $27,000 from F (Transport and Distribution Salaries) for a total of $70,000 to F (Source of Supply Capital equipment) to pay for an upgrade in the alarm and control system at the Water Filtration Plant, including contingency; and further authorizing the Mayor to execute an agreement with General Controls to perform the upgrade work. RESOLUTION NO. 333

10 Pg. 10 On the motion of Councilman Clark, seconded by Councilman Collins, WHEREAS, the City of Glens (City) was awarded a New York Prize Grant, for a Stage 1 Community Microgrid Feasibility Assessment, Agreement Number 67718, which named Johnson Control, Inc. (JCI) as one of the subcontractor for Stage 1 of the NY Prize Community Microgrid Competition; and WHEREAS, a Project Development Agreement (PDA) between the City and JCI was previously approved be the and signed by the Mayor authorizing a certain scope of work to be performed by JCI during Stage 1; and WHEREAS, JCI was needed to perform additional work, outside of the original scope, in developing a final written report for Stage 1 with the work to include, but not limited to review of comments and questions from NYSERDA and National Grid and development of appropriate responses; incorporate responses into final document as necessary; editing and formatting of final document; and WHEREAS, an Amendment #1 needs to be done to the original PDA to accommodate the additional responsibilities and tasks as it relates to the final report to NYSERDA, in the amount of $6,300, which would be paid out of the New York Prize Grant funds received by the City; NOW THEREFORE BE IT RESOLVED, that the hereby approves Amendment #1 between the City and JCI authorizes the Mayor to sign the Amendment #1 to be included as part of the original PDA between the City and JCI. RESOLUTION NO. 334 On the motion of Councilman Clark, seconded by Councilman Collins, WHEREAS, the City of Glens (City) was awarded a $100,000 New York Prize Grant, Stage 1 Community Microgrid Feasibility Assessment, Agreement Number through the New York State Energy Research Development Authority (NYSERDA); and WHEREAS, the Stage 1 Community Microgrid final draft Feasibility Study has been submitted to NYSERDA; and

11 Pg. 11 WHEREAS, the City has an opportunity to make a proposal for Stage 2 grant funding, up to $1,000,000, with a 15% match, to develop a Detailed Engineering Design and Business Plan Assessment with the Glens Falls Community Microgrid s various stakeholders; and WHEREAS, it is the recommendation of the s Special Project Committee that it desires the City to apply for Stage 2 funding through NYSERDA s NY Prize Community Microgrid Competition; NOW THEREFORE BE IT RESOLVED, that the hereby authorizes the submission of a proposal for Stage 2 funding for a Detailed Engineering Design and Business Plan Assessment through NYSERDA NY Prize Community Microgrid Competition, to be submitted on or before October 12, 2016, 5:00 PM Eastern Time. RESOLUTION NO. 335 RESOLVED THAT, the hereby approves an Encroachment Permit for removal of sidewalk in front of 14 Park Street building to replace joist underneath and reconstruct the front and side of the exterior, as requested by Cifone Construction Co., P.O. Box 684, Glens Falls, through project completion, with the following stipulations (as approved by Mayor Diamond on August 22 nd, subject to retroactive approval): 1. Proposed grading needs to be adjusted to comply with Americans With Disability Act recommendations for cross slope of 2% on the sidewalk. 2. Grading drawing needs to show that the proposed sidewalk changes will not interfere with drainage from neighboring sidewalks or parking lot. 3. Proposed vault reconstruction request must be shown on a structural drawing prepared by an Engineer or Architect practicing in the State of NY, with hard copy provided for City Engineer s files. 4. Temporary permit issuance for placement of barriers in the parking lane. 5. Barriers to be equipped with reflective material with a flashing light active during the hours of darkness.

12 Pg Sidewalk closed ahead signs and barriers directing pedestrian traffic to the north side of Park Street must be provided. 7. The sidewalk and brick maintenance strip shall be constructed in accordance with City standards, with brick hatching the materials used on recent City projects. 8. All utility vaults, pull boxes, valve boxes, etc. shall be adjusted to final grade in accordance with the requirements of the utility owner. 9. Upon completion, the Owner must submit a certification from the design engineer that the work has been completed in accordance with the approved plans within 10 days after the work is completed. 10. The work must be completed prior to April 30 th, The long term Encroachment Permit would have a renewal period of one year. 12. The Owner of the building shall be responsible for maintenance and repair of the undersidewalk vault, and shall be responsible for all costs to remove the vault should this become necessary at any time in the future. 13. The City shall have the right to enter into and inspect the vault as necessary to ensure the safety of the public. RESOLUTION NO. 336 RESOLVED THAT, the hereby approves a weekly Mobile Food Unit License for Edward Bradt, 60 Peachtree Lane, Queensbury, to operate a mobile food unit for Sept , 2016 at the Adirondack Balloon Festival at Crandall Park. RESOLUTION NO. 337

13 Pg.132 RESOLVED THAT, the hereby approves an Encroachment Permit at 40 Chester Street to connect two pieces of curb to close a small former parking spot that has been torn up and replaced with lawn, as requested by Kevin Spellacy, owner of the property, (as approved by Mayor Diamond on Sept. 8, contingent upon retroactive approval). RESOLUTION NO. 338 RESOLVED THAT, the hereby approves the City payroll and warrant # dated and approved by the Purchasing Officer be ordered and paid and charged to their respective accounts: A General Fund $ 326, E01 GGFTS Operations & Maintenance $ 19, F Water Fund $ 21, G Sewer Fund $ 84, H7 WWTP Aeration System Improvements $ 1, JB Water Storage Tank Rehab $ 4, J2 EPA Hudson River Hazardous $ 41, J3 EPA Hudson River Petroleum $ 2, J7 Ridge St/Harrison Place Sewer Improvements - $ 45, J8 Upper Hudson River Revitalization Plan $ 1, WARRANT TOTAL: $549,162.53

14 Pg. 14 OLD BUSINESS Councilman Clark stated he is thrilled 54 Bush Street has been sold. It s been an eyesore and on his hit list forever. He thanked Mr. LaMar for buying it, who is going to rehab it and get it back on the tax rolls. Councilman Endieveri stated today they had a fire in the City on Notre Dame Street. Days like today, in his personal experience it s great to have a professional fire company in the City that goes in, they know what they re doing. They re organized and courageous and do a great job. It s worth the expenditures here at City Hall. Councilman-at-Large Hall stated he had an item of New Business to award the tree and stump removal bid to Adirondack Tree Surgeons. RESOLUTION NO. 339 RESOLVED THAT, the hereby approves awarding Bid No Tree & Stump Removal and Trimming, to Adirondack Tree Surgeons, Gansevoort, NY for the remainder of 2016 and all of RESOLUTION NO. 340 On the motion of Councilman Clark, seconded by Councilman Collins, all voting affirmatively, it was RESOLVED THAT, the hereby adjourns the September 13, 2016 meeting.