City Council

CITY OF SARATOGA SPRINGS CITY COUNCIL MEETING CITY COUNCIL ROOM TUESDAY, DECEMBER 20, 2005 5:50 P.M. PRESENT; Commissioner Thomas Curley, Public Safety Mayor Michael Lenz Commissioner Matthew McCabe, Finance Commissioner Thomas McTygue, Public Works Commissioner Stephen E. Towne, Accounts Phil Klein, Supervisor ABSENT Anthony Scirocco, Supervisor STAFF PRESENT: Lynn Bachner, Deputy Commissioner, Finance Patrick Design, Deputy Commissioner, Public Works Matthew Dorsey, City Attorney Alicia Farone, Deputy Mayor Debbie Harper, Deputy Commissioner, Accounts Anthony Izzo, Assistant City Attorney CALL TO ORDER Mayor Michael Lenz moved and Commissioner Stephen E. Towne seconded to adjourn to executive session at 5:50 p.m. to discuss the PBA contract, land acquisition of waterfront property and Article 7 litigation involving Ball Metal and Kirby Burnt Hills. Council members returned at 6:29 p.m. and reported that no action was taken in Executive Session but subsequent action will be taken during Commissioner Towne’s agenda. PUBLIC HEARING Dogs and Other Animals Ordinance Commissioner Curley said there has been discussion and several issues have come up regarding changes in this ordinance that indicate additional work needs to be done before it is ready to be voted on by the Council. He said there will be additional opportunity for the public to have input at future City council meetings. He said no action will be taken tonight, but this is an opportunity for the public to speak tonight and the public hearing will be kept open. Fred Mapes, 29 Joseph Street said the council is correct to give this ordinance change careful consideration. He said there is some concern about the presence of pets downtown, but a blanket ban is not the answer and would be very difficult. He said there should be a mechanism in place where if a dog is not behaving appropriately, the owner should be told to take the dog home. Banning everyone is easier but not appropriate. He said that five-foot leaches are going to be hard to find, especially since the standard obedience leash is six feet long. He said that leads are often tightened and reined in for the protection of the dog; these things are hard to legislate because each situation is different, the issues involved are the responsibility of the dog’s owner. City of Saratoga Springs City Council Meeting Minutes Tuesday, December 20, 2005 Commissioner McCabe said he wants to examine this more closely. He asked if there are any issues with the increase of special events downtown. He said it is not the dogs, it is the perception. He said that in consideration of intimidation, especially of younger children by the presence of some dogs, the idea of limiting dogs at special events and large gatherings has some merit. Fred Mapes said he agrees but the owner should exercise good judgement since the dog is their responsibility; he doesn’t bring his dog to all special events, and never to fireworks. Commissioner McTygue said that he concerned for the safety of the dog, especially in the large crowds such as the ones of the Victorian Street Walk. He said the crowds at the street walk reach as many as 16,000 to 18,000 and when people walk it is often shoulder to shoulder where it would be easy to step on a dog; there needs to be more protection of the animal, but also protection against potential lawsuits, for example, if a dog were to bite someone as a result of being stepped on or hurt because of the crowd. He said that the 4 th of July celebration in Congress Park is another issue because fireworks can be harmful to dogs. Mr. Mapes said that common sense on the part of owners should rule. Commissioner McTygue said that might be, but incidents are occurring and he appreciates the efforts of the City Council and every one involved on this matter. Laurie Heithoff, 12 Bluebird Court said she was wondering what caused the revision of the dog law, dog bites, increased complaints, or other incidents. She said there must be other ways to solve problems caused by crowded events downtown. For example, closing Broadway. When Broadway is closed during the Victorian Street Walk it is easier to get through the crowds, so why not close Broadway for the “Hats Off” or “Final Stretch” celebrations. She said that sandwich board signs and baby strollers are more likely to case injury in the crowds than dogs. She said she went to the 4 th of July event in Congress Park and saw the signs forbidding dogs, and the signs seem to work without a local law. She said the city is becoming a residential area, so what are residents to do if they cannot bring their dogs downtown; this brings up quality of life issues if dogs are being restricted from downtown events. Saratoga Springs is a friendly City that encourages pedestrian activity. One reason people get out and walk is to walk their dog. She said restricting dogs this way defeats the concept of a pedestrian friendly community. She commented that tourists might not be aware of the laws and their only option would be to leave their pets in a hot car or take their business elsewhere. Laurie Heithoff said she was unable to find the draft proposed legislation on the web and found it difficult to get a copy of it prior to the council meeting; she suggests putting proposed legislation on the web for easier access. Commissioner Curley asked if the draft was on the web or is normally placed on the web at any time. Tony Izzo said that occasionally proposed legislation has appeared on the City’s Website. Bill Chisham of 12 Orenda Springs Drive said he is a volunteer for one of the neighborhood associations, often in the area of animal control. He said he would never go to crowded events with a dog because it is not good for the animal, and not good for the people. He said that long leashes trip people and make it hard to control the dog and keep them safe, so he would like to see a law passed requiring 6-feet leashes. There is no reason for the 25-feet length leash in town or in residential areas because it allows a dog to go into yards and into streets. He said there are few dogs running loose in his neighborhood thanks to the great work of Anthony Sirocco, City Dog Warden. Deborah Stein said she is a dog trainer who works for a local attorney and she supports the requirement of a six-foot leash. She believes that education of pet owners is needed more than a sweeping ban. She said that Lake George welcomes dogs and have many waste receptacles throughout the village, and the police there target people with unruly dogs and ask them to leave. She suggests signs throughout the City advocating responsibility to the owner to clean up after the dog and keep him with them. She said there is potential for dog problems at any time and the owner needs to be vigilant and take responsibility for their dog. Dogs need to be socialized and brought to events. She said people look to the owner to discern a dog’s temperament and also people should know better than to let their children come up to a dog, so the dog owner should be aware and careful; education is the key not a sweeping law. 2 City of Saratoga Springs City Council Meeting Minutes Tuesday, December 20, 2005 Tom Barkely, 93 Nelson Avenue said he is against the ban and it is not the solution to the problem. He recommends public education and to advise owners to use common sense and not bring their dogs to fireworks or events where they could get hurt or scared and to use a short leash. He urged the council not to ban dogs from downtown. Mayor Lenz said they would hold the public hearing open and not close it. Parking, Putnam Street Ordinance Commissioner Curley said that the regulation being proposed is that there would be no parking anytime along the East Side of Putnam Street within 30 feet of either Library driveways, between the driveways. He said this is being proposed because of the high volume of traffic and activity in this area and it is difficult to exit either driveway without an accident because visibility is blocked when vehicles park there. Seeing that no one wished to speak, Mayor Lenz closed the public hearing at 6:53 p.m. Ethics Code Mayor Lenz opened the public hearing on the Ethics Code. He said he is pulling this from tonight’s agenda because two of the Ethics Board members could not be present tonight to answer questions or provide insight so he thought it appropriate to pull the discussion and vote from his agenda. He is moving forward with the public hearing as scheduled. Lew Benton, 29 Thoroughbred Drive, Saratoga Springs disclosed that he is a public officer of the City of Saratoga Springs because he serves on the Planning Board which explains his interest in this legislation. He asked about the public hearing notice that was published before the public hearing and Tony Izzo said it was the standard legal notice. He said that the code needs scrutiny, although it is well intentioned, it does not begin to approach the standards necessary for the City. He there are a couple of flaws in the code’s construction and he believes that it is not adaptable by the Council because it is not in the proper format of a local ordinance or local law. He said that the City Charter requires that any changes to the Charter must be enacted by local ordinance or local law, and this proposal is not in either form. Lew Benton explained that by State Law, a proposed ethics code must include prohibitions and standards articulated in Article 18 of the General Municipal law, and the council is prohibited from approving codes that diminish or reduce State law. He referred to page 6, Section P at the bottom, prohibited interests in contracts, saying that it contradicts State law. He said the City’s code should be at least as rigid as State code, not looser. He said that definitions within the code need clarification so that they are consistent with State law and with existing City ordinances and laws. Commissioner McTygue suggested that Mr. Benton speak to the City Attorney about his concerns. He reminded Lew Benton that the council is not going to make a decision on the code tonight. Lew Benton referred to page 7 about requiring annual disclosure statements from certain identified City officials and employees. He said this is common and is consistent with the requirements of State law, but the format here is cafeteria style. He said the City Center authority Board and Recreation Commission have been added, but the Housing Authority Board members and the Civil Service Commission members are not required to file disclosure statements. He wondered why and can see no reason why they were not included since the law seems to indicate that they should be included. He said that the State Comptroller and the Attorney General believe that Housing Authority members are public officials, and Housing Authority personnel are subject to conflict of Interest Statutes. He said the code needs work and there is no reference to other codes that apply to this code such as the rules and regulations of the Planning Board which were affirmed by action of the City Council and incorporate section 809 of General Municipal Law which requires certain disclosures on matters coming before the City Planning Board. He said this is not referenced in the code and the City should be authoring a code that informs and advises so that no one gets blindsided. He asked the Council to return this to the Ethics Committee for consideration of amendments. 3 City of Saratoga Springs City Council Meeting Minutes Tuesday, December 20, 2005 Dave Harper, 27 Arrowhead Drive, said he is here tonight as attorney for the City Center Authority and notes that the proposed code does include the City Center Authority and it is legal and proper. He said there is confusion at the State Level on how they treat public authorities. He said the City Center exists by the public authority law and within that law there are a number of other authorities that were created. He said the City Center Authority was created in 1982 and there is no mention in the statute as to whether the members are public officers and there is no mention of a code of ethics. He said in 1998, the Schenectady Metroplex Development Authority was created and within that legislation, the members are deems to be public officers and there is a detailed code of ethics. He said in 2000, the Greater Rochester sports Authority was created but there is not a detailed code of ethics created or cited. He said this is a gray area of state law and the legislature has evolved in how they deal with this issue. The City Council itself might wish to maintain a wall of separation between themselves and the City Center Authority, by having the CC Authority adopt its own code of Ethics because the City does not want to end up being obligated to City Center Authority bonds or other liabilities. Lew Benton said for the record that the City Center Authority employees of the City of Saratoga Springs by State Law; and the legislation submitted by a previous City Council under Home Rule states that City Center employees are given the status and entitled to benefits and burdened by all of the obligations of City employees without exception. He said that Section 810 of the General Municipal Law the definition of the term “local official” or “employee” includes members of commissions and authorities who shall be deems officers or employees of the County, City, village or town they serve. He said there needs to be a level playing field. He said there is nothing preventing the City Council from adopting a code and including all board members, Commission and Authority members so that they would be burdened by the same rules and obligations as the Planning Board and other City Board members and employees. Mark Baker, President of the City Center Authority said that the City Center employees work for the City Center Authority and not of the City of Saratoga Springs. He said that in legislation 2490-F it states that the authority is to operate in like fashion and have the same obligations as the employees of the City of Saratoga Springs. He said this will be discussed when the Chair and the members of the Ethics Committee are present and he is sure it will be decided how the code should best serve the citizens of the community and enhance the function of the City’s boards and authorities. He said he appreciates being allowed to be part of these discussions. Seeing that no one else wished to speak, Mayor Lenz closed the public hearing on the Ethics Code at 7:11 p.m. Mayor Lenz said there are several public hearings under Commissioner Towne’s agenda. Commissioner Towne said there are a series of related ordinances that have been crafted over the last six months and previously sent out to the Council. He asked Assistant City Attorney Tony Izzo to give a summation of these ordinances. Tony Izzo said that this is a comprehensive revision of several City ordinances that the committee feels is a most public-spirited piece of legislation that works to the benefit of the constitutional rights of all citizens. He said that currently the City’s public assemblage ordinance incorporates a number of items and this proposal essentially eliminates the Public Assemblage ordinance and divides it up into demonstrations, special events, parades, temporary structures and noise. He said that demonstration is defined as the expression of opinion in a public place. He said the committee was adamant about not making an individual or group have to go through a lot of bureaucratic procedures. It involves a permit procedure that includes the filing of a declaration, notifies the City that there is going to be an expression of opinion and if there is any action necessary concerning traffic or pedestrians, it allows that action to be taken without any additional burden on the individuals that wish to participate. He said the parade ordinance is a demonstration from point A to point B and does not follow normal traffic patterns; the temporary structure ordinance is now separate from the public assemblage ordinance, and the special events ordinance involves some minor changes concerning a few regulatory characteristics. He said the committee’s goal is to make the whole process of expressing opinion less burdensome to the individuals who have to fill out the paperwork. Mayor Lenz opened the public hearing on the following ordinances: Demonstration Ordinance Special Events Ordinance 4 City of Saratoga Springs City Council Meeting Minutes Tuesday, December 20, 2005 Parade Ordinance Temporary Structure Ordinance Noise Ordinance Barbara Thomas of the League of Women Voters said the league is strong supporter of the Constitution and the Bill of Rights and particularly of the right to free speech and assembly. They believe these ordinances show a spirit that defines the rights of the citizen to those important concepts of assembly and free speech and they go a long way towards defining and clarifying the rights of citizens so that is easier for people to exercise their right to free speech, demonstration and assembly. On behalf of the League of Women Voters, she commended the committee for their hard work on these ordinances. She said that at the same time that the ordinances protect the rights of citizens for free speech and assembly, they also protect the rights to public safety and make it easier for people enforcing the ordinances to know what is and what is not legal. She said it is a great improvement. Seeing that no one else wished to speak, Mayor Lenz closed the Public Hearing on the Demonstration Ordinance at 7:15 p.m. Alternate Side Parking East Beekman Street Mayor Lenz opened the Public Hearing for the alternate side parking on East Beekman Street. Commissioner Curley said that this involves a change in Chapter 225 of the City Code to set up alternate side parking on East Beekman Street from Washington Street to Congress Street to help alleviate traffic congestion through this area and to help with snow removal and make it easier to move emergency vehicles through this area. He said that Assistant city Attorney Tony Izzo is available to answer any questions on this change. Seeing that no one wished to speak, Mayor Lenz closed the public hearing at 7:17 p.m. Reconvene City Council meeting Mayor Lenz re-opened the City Council meeting at 7:17 p.m. Public Comment Period Mayor Lenz opened the Public comment period and asked participants to restrict their comments to two minutes. Phil Diamond, 29 Waterview Drive, Saratoga Springs said he has frequently come to City Council meetings for the past two years and has sometimes agreed and sometimes not agreed but wants to thank each council member for two years of good hard work and dedication. He said that no one runs for these positions without a sense of duty and commitment to the City and as a resident of Saratoga Springs, he thanks each council member for a job well done over the past two years. Dave Bronner, 5 Royal Henley Court provided each council member with a written synopsis of this public comment. He said he had foiled some information and asked that during the time of tight budgets, why there is an SUV provided to a part time elected official for both personal and City business. He said no other elected official has this generous benefit which includes home to office and office to home transportation. He said this is a time of tight budgets and high taxes, this is an extravagant expenditure that does not seem to be fiscally responsible. He said the vehicle cost the City over $25,000 and the taxpayers pay for the majority of the expense of operating the vehicle such as fuel, insurance and maintenance. He said he received information as a result of a foil request that in 2004, 11,489 miles were put on the vehicle with only 702 of the mile being for personal business, and 10, 787 miles were used for city business. He said in 2003, during an eight-month period, 9,946 miles were put on the vehicle with only 471 of the miles for personal use, for a total of 9,475 miles for city business, which is a lot for eight months. He said that for two full years, only three personal 5 City of Saratoga Springs City Council Meeting Minutes Tuesday, December 20, 2005 miles are claimed per day each day and that is the distance from Staffords Bridge Road to the Sky View Farm in the Town of Saratoga. He said this vehicle is unmarked, so there is no indication that it is a City vehicle. He said the total business miles are high and the personal miles are low, so an explanation is needed. Carol Ann McGuire, 294 Caroline Street said that in September she read an article in the newspaper that invited the citizens of Saratoga Springs to a meeting at Quad Graphics, and she attended the meeting where about 39 other people were present to discuss issues. She said she raised her hand and promised to organize subsequent meetings open to residents or anyone to come discuss any issues concerning the City. She also volunteered to meet with the Mayor and bring to him the results of the discussions at the meeting at Quad Graphics. She thanked Mayor Lenz and Commissioner Towne for their generosity of time taken to meet with her. She said that on Thursday, January 19 at 7 p.m. there is a meeting at the community room of the Saratoga Springs Public Library. She said she is a committee of one but the group name is an acronym, A.C.C.E.S.S., All Concerned Citizens Embracing Saratoga Springs. She said she is the contact person, 584-8970, and absolutely anyone is encouraged to come including neighborhood associations, residents, elected officials, including those who are staying and those who are moving on are encouraged to attend. She said she hopes she is not sitting there alone. She said there is no hidden agenda, no one’s permission was sought, she just decided to have this meeting. Commissioner McCabe said it is evident that this is probably the most effective committee in the City. Gavin Landry, President of the Saratoga Convention and Tourism Bureau is here tonight on behalf of the 400 members of the bureau to thank Commissioner McCabe in his effort to extend the lease of the City Center and to shoe their support to the concept. He said as an agency they are charged with selling in the future and are working actively in years 2008, 2009, 2010, 2011. He said today, the National Athletic Administrators committed to Saratoga Springs to bring their group here in 2007. He said it is a pleasure to serve this City as a destination and although the bureau does think about the City’s major attractions such as the track, SPAC, and Saratoga Gaming and Raceway, the City Center is the asset that has brought about the increased tourism of the last 20 years. He said that anything the Council could do for this facility that allows the bureau to move forward is greatly appreciated. The bureau won a bid in Portland Oregon for the “Frontiers in Education” which is the second most important Engineering conference in America. He said the existence of the City Center makes it possible for the bureau to bid on the large conferences. Wilma Koss, 16 Kaydeross Park Road, Saratoga Springs thanked those City Council members and the Supervisors who will be leaving their positions at the end of the year. She said a great deal has been done during your tenure and she extends her appreciation. As a representative of the thousand members of the Saratoga Lake Association who live in the City of Saratoga Springs as well as the three lake towns, she is grateful for all your efforts and for keeping an open mind to possibility of a regional water source as the quality cost effective solution to the city’s need for water. Commissioner McTygue wanted Gavin Landry and the public to know that there is going to be a meeting about the parking lot proposals and there is concern about the City Center expansion. He said his brother is chairing that committee who will be meeting with the chamber of Commerce, the Special Assessment District, the Downtown Business Association, and the Convention and tourism Bureau. He said there would be a time for the groups to participate in an open public meeting to show the proposals to the community. He said sometimes it is easy to assume that everyone knows what is going on, but this is a chance to open the process and get the information to the people so they understand what is happening and why, and to make Saratoga Springs and the Downtown Business District viable. He said there is a possibility here solve major parking issues, and to put some affordable units in place. He said the organized neighborhood groups are helpful to get this kind of information to the people. Mayor Lenz closed the Public Comment period. ACCOUNTS DEPARTMENT Article 7 litigation, Kirby Burnt Hills Realty (266) 6 City of Saratoga Springs City Council Meeting Minutes Tuesday, December 20, 2005 Commissioner Stephen E. Towne moved and Mayor Michael Lenz seconded for City Council approval to adjust the assessed value for Kirby Burnt Hills Realty, LLC to a value of $900,000 for the year 2005. Ayes all. Commissioner Towne said that there would be no action taken on the Article 7 litigation of Ball Metal Corp. at this time. MAYOR’S DEPARTMENT Lockrow Property Rezoning - Advisory Opinion to Planning Board (267) Commissioner Stephen Towne recused himself and left the council chambers. Mayor Lenz said they have received a petition from Deborah Lockrow for a zoning map amendment at 131 Hamilton Street to change the classification of .3 acres from Urban Residential 2, single family homes, to Transect-5 Neighborhood Center, which is mixed use. He said the City Council must decide if it will accept the petition for study and forward it to the City Planning Board for the required advisory opinion. He said Ms. Lockrow is present to answer any questions. Mayor Michael Lenz moved and Commissioner Thomas Curley seconded to accept the petition for study and to send it to the City Planning Board for an advisory opinion. Ayes all. (4-0) Commissioner returned to the Council table at 7:33 p.m. Grant application for the Weibel Avenue Corridor Plan Mayor Lenz said they have received a recommendation from the Planning Board to submit a grant application to the Capital District Transportation Committee to prepare the final portions of a Weibel Avenue Corridor Plan. The plan would develop a list of required future transportation improvements and identify a formula by which new developments in the corridor would pay for those improvements. The estimated cost for this plan is $25,000. There is a 25% required local match which amounts to $6,250, and a recommendation has been made to the Finance Office to transfer funds for this local match, and a decision on that transfer is to be made later this evening under transfers on the Finance Department’s agenda. Mayor Michael Lenz moved and Commissioner Stephen E. Towne seconded for council approval to authorize the Mayor to submit the grant application for the Weibel Avenue corridor Plan contingent upon council approval of the budget transfer for the required local match. Commissioner McCabe said that there are issues here where the study will overlap with some portions of the town of Wilton because it involves the northern corridor. He asked City Planner Geoff Bornemann if there was going to be any shared responsibility in the required match on the part of the Town of Wilton. Geoff Bornemann said that they are only going into Wilton a short distance on Louden Road, and Wilton has not offered nor are they being asked to contribute toward the match because they have their own town-wide transportation impact study and plan but they have been willing to send someone to participate in this process. Commissioner McCabe asked if we are moving in unison with the Town of Wilton and Geoff Bornemann said that the majority of our activity deals with improvements within the City of Saratoga Springs. Geoff Bornemann said that Louden Road is the only north-south road in the City of Saratoga Springs east of the Northway. He said they are looking at the possibility of establishing a road close to Weibel Avenue that runs north and south between Lake Avenue and Louden Road because the more the traffic is put on one road, the more problems result and consequently the need for bigger improvement than might be desirable. Commissioner Towne asked if the 25% match could be obtained through in-kind services rather than cash. Geoff Bornemann said probably not because a consultant hired by the Capital District Transit Committee would most likely undertake the study and not provide us the chance to participate in lieu of cash. 7 City of Saratoga Springs City Council Meeting Minutes Tuesday, December 20, 2005 Ayes all Policy and Personnel Manual (268) Mayor Lenz said the manual was distributed earlier this year and feedback was received from council members as well as representatives of the various labor unions and the recommended changes have been incorporated into the Policy and Personnel Manual that was distributed to the Council last week. He said the City Charter indicates that the Policy and Personnel Manual be in place, and this is the first time that the City would have such a manual in place if the Council approves it tonight. Mayor Michael Lenz moved and Commissioner Stephen E. Towne seconded for the City Council to approve the Saratoga Springs Policy and Personnel Manual as distributed. Commissioner Curley asked if the City’s labor unions had signed off on the manual since that would be a major concern for the future administration. Mayor Lenz said that the Policy and Personnel Manual would be in place until any changes are recommended and then the Mayor and any Commissioner would have the option to make changes and bring the amended manual back to the Council for approval. Commissioner Towne said that back in July a number of the Union heads co-authored a memo requesting additional time to review the manual and they made some suggestions which have been incorporated into the document distributed to the council for approval tonight. Mayor Lenz said every labor union has had input into the policy. Ayes all City Center Appointments (269) Mayor Lenz said this item involves tow appointments to the City Center Authority, one of which he will have to recuse himself from the vote. Mayor Michael Lenz moved and Commissioner Stephen E. Towne seconded to appoint Michael Toohey to the Board of Directors of the City Center Authority for a term of six years. Commissioner McTygue said he will be voting against the appointment of Mr. Toohey tonight because there is a conflict of interest since he is working for one of the groups that is putting a proposal together for the expansion of the City Center. Mr. Toohey would have to excuse himself in reference to any discussion with the City Center Authority or with the City involving the City Center expansion and although he has done a good job working for the City Center, the change should be made. Commissioner McCabe said that he regards this as a financial issue and he believes that Mr. Toohey is the right man to retain in this position because of the history and relationship he has with the City and he believes that Mr. Lenz should also be retained because he is the only member of the Special Assessment District on this Board. He said he appreciates the conversation he has had with Phil Diamond on this issue, and he has spoke with Assistant City Attorney Izzo and the City Center Authority Bond Council. He said we are entering a positive yet sensitive stage in our City when it comes to economic development and people on both sides of the political aisle have been major contributors to the City’s growth since the City Center Authority was formed. He said there will be positions on the Board available in early 2006 that will be addressed by the new Mayor, and these are the Mayor’s appointments to make and the office must be respected above all. He said he has no striking reason to not vote for these reappointments. He said he apologizes for any disagreement that may be among the ranks but we will move forward and make this the best convention center in upstate New York. 8 City of Saratoga Springs City Council Meeting Minutes Tuesday, December 20, 2005 Ayes-4 Nays-1 (Comm. McTygue) Mayor Lenz recused himself and left the City Council room. Commissioner Stephen E. Towne moved and Commissioner Thomas McTygue seconded to approve the Mayor’s appointment of Edward A. Lenz to the Board of Directors of the City Center Authority for a term of six years. Ayes all (4-0) Mayor Lenz returned to the City Council room. Recreation Department: Approval to apply for Stewart’s 2005-06 Holiday Match funds Mayor Michael Lenz said that Council approval is required for the Recreation Department to submit an application for the 2005-2006 Holiday Match Funds. He said this is done on an annual basis and the department is requesting that the majority of the funds be used to upgrade the Geyser Park Playground and in the past Stewart’s has generously donated holiday match funds for other projects such as the Skate Park and the Geyser Park lights. Mayor Michael Lenz moved and Commissioner Thomas McTygue seconded to approve the submission of the application for the Stewart’s 2005-2006 Holiday Match Funds. Ayes all FINANCE DEPARTMENT City Center Lease Commissioner McCabe said that the City Center Lease was distributed to the Council among their agenda items. The lease was approved at the City Center Authority’s Board on December 14. He wanted to move this up on the agenda and review some points. He said that the City Center Authority and the City have an agreement where the City leases the land and the building to the Authority for a token consideration. The lease for the building will expire on November 30, 2007 and the City Center Authority will receive its final payment from the pilot program in January 2007, the pilot program also expires in January 2007. Thereafte, the hotel parcels will pay property tax and the first City payment will be due in March 2008. He explained that under the new lease, the City as landlord will lease to the City Center as tenant the grounds and the City Center building for a period of 25 years which is the length of time that the City Center Authority exists under the New York State Public Authority law. In addition, the City will pay to the Authority amounts equal to City’s portion of the Real Property tax levied and collected against the hotel parcels, which at this time amounts to approximately $104,000 under the current assessment and tax rate. He said the agreement would be subject to review by the Council in the event that the amount of the tax levied against these parcels becomes greater than $200,000. It will also be subject to review after a period of ten years, then 20 years, then finally after 25 years. He said the City has never collected real property tax from the hotel parcels, so it is not giving up something that it relied upon, and without the pilot program the City Center would have a hole in its budget. Commissioner McCabe said the City cannot afford to lose its City Center and everything possible must be done to promote and encourage its viability. The City is deeply invested and indebted to the City Center for the benefits it brings to the citizens of the city and this agreement will ensure that the City Center will remain a vital revenue generator for this area. Commissioner McCabe believes this is an economically responsible document, which gives access for discussion and periodic review. He said he spoke with the City Center Authority’s bond Counsel and he has reviewed everything with the City’s Director of Finance and he is comfortable with the portfolio being put together for potential investors for when and if the City Center does bond to furbish their expansion as well as undertake necessary repairs. He said a one of the key ingredients is that the lease gives the City the ability to get ahead and to put a game plan in place that places the City in position to move forward. The City needs to look at the possibility to create a plan that ensures ongoing business and the 9 City of Saratoga Springs City Council Meeting Minutes Tuesday, December 20, 2005 attractiveness of our City Center to future potential business. He said that he has heard positive indications that the County may follow the City’s lead and give up the property taxes also, which would be helpful to generate revenue for operational and debt service cost for the City Center. He said if nothing happens with the RFP for the property behind City Hall, the City still owns the property and the City must be prepared and be willing to meet with the City Center Authority and explore all possibilities with the City Center expansion, and leave itself options. Commissioner McCabe said that the City Center has given rise to a lot of commercial activity and attractiveness to the City and to the Saratoga Springs City School District. He said the school district is practically a Saratoga County School district with the growth of Greenfield and Wilton, much of which could be attributed to the development of Saratoga Springs. Commissioner McCabe said that the school district should consider foregoing the tax payments they would receive from the City Center, especially since they have not received the money since the center started and the money should be focused instead on the inner City of Saratoga Springs that gives the benefits to the Greater Saratoga Springs School District. He said it is an easy call to make, because it is not taking anything away from the school board, but as downtown Saratoga Springs has grown, it has given a lot of benefits to surrounding communities and given rise to home values and developments on the outskirts of town. He said that since the City and its neighbors are benefiting equally, everyone should equally share in the development and further revenue enhancement of the City Center so it can operate on a responsible ground to all the taxpayers in the District. Commissioner Matthew McCabe moved and Mayor Michael Lenz seconded for City Council approval for the Mayor to sign the lease between the City Center Authority and the City. Mayor Lenz complimented Commissioner McCabe’s hard work on this lease. Commissioner Curley said that the City Center is an economic block of this community and this lease will put the City where it needs to be and if necessary could be subject to change in the future, but the City needs to move forward now. Ayes all MAYOR’S DEPARTMENT City Center Authority Chairman Mayor Lenz said he wanted to re-visit the appointment of Michael Toohey to the City Center Authority and appoint him as chairman of the Authority. He said it is the Mayor’s responsibility, not the Authority’s to appoint the chairman. Mayor Michael Lenz moved and Commissioner Thomas Curley seconded to appoint Michael Toohey to a 6-year term as Chairman to the City Center Authority. Ayes – 4 Nays – 1 (Comm. McTygue) Accounts Department Approval of November 10, 2005 meeting minutes Commissioner Stephen E. Towne moved and Mayor Michael Lenz seconded to approve the November 10, 2005 meeting minutes. Ayes all Approval of the November 15, 2005 meeting minutes Commissioner Stephen E. Towne moved and Mayor Michael Lenz seconded to approve the November 15, 2005 meeting minutes. Ayes all Approval of the December 6, 2005 meeting minutes 10 City of Saratoga Springs City Council Meeting Minutes Tuesday, December 20, 2005 Commissioner Stephen E. Towne moved and Mayor Michael Lenz seconded to approve the December 6, 2005 meeting minutes. Ayes all Approval of the December 15, 2005 meeting minutes Commissioner Stephen E. Towne moved and Mayor Michael Lenz seconded to approve the December 15, 2005 meeting minutes. Ayes all Award of Bid - Commercial Duty Platform Dump Body & Hoist Package Upon the recommendation of the Department of Public Works, Commissioner Stephen E. Towne moved and Commissioner Thomas McTygue seconded to award the bid for the Commercial Duty Platform Dump Body and Hoist Package to STS Truck Equipment & Trailer Sales of Syracuse for $11,725, the lowest bidder meeting warranty specifications. Commissioner Towne said that the Purchasing Department reviewed this bid and it meets purchasing guidelines. Ayes all Award of Bid - Snowplows Upon the recommendation of the Department of Public Works, Commissioner Stephen E. Towne moved and Commissioner Thomas McTygue seconded to award the bid for snowplows to Arrowhead Equipment for $3,950, the lowest bidder meeting specifications. Commissioner Towne said that the Purchasing Department has reviewed this bid and it meets purchasing guidelines. Ayes all Award of Bid – Telecommunications Ordinance Upon the recommendation of the Mayor’s Office, Commissioner Stephen E. Towne moved and Mayor Michael Lenz seconded to award the RFP for the Telecommunications Ordinance consultant to Spiegel & McDiarmid per their quote of $10,000 which includes general expenditures and travel expenses, and to authorize the Mayor to sign the contract with Spiegel & McDiarmid contingent upon the review by the City Attorney and the Risk & Safety Manager. Commissioner Towne said the Purchasing Department has reviewed the RFP, and it meets the purchasing guidelines. Ayes all Guarantee Price List for Water Meters and Parts In lieu of bidding for water meters and parts, Commissioner Stephen E. Towne moved and Commissioner Thomas McTygue seconded to accept the guaranteed price list for water meters and parts from EJ Prescott for one year, with the ability to extend the price list for another year if acceptable to both parties. Commissioner Towne explained that the City has previously standardized to Sensus Meters, and Sensus meters has assigned sole source distribution of their product in New York State to EJ Prescott until further notice. Commissioner Towne said that this guaranteed price list has been reviewed by the Purchasing Department and meets purchasing guidelines. Ayes all Commissioners of Deeds Commissioner Towne announced the appointment of Michael Lenz as Commissioner of Deeds with a term of two years. Ordinances: (Demonstration, Special Events, Temporary Structures, Parade, Noise) (2005-270) Commissioner Towne said that more than six months ago, he appointed a broad-based committee to review the Public Assemblage Ordinance. Members of that committee include: Beau Breslin, a Professor at Skidmore college, Lori Dawson of the League of Women Voters & Peace Alliance, Lynn Bachner, Deputy Commissioner of Finance, Sergeant 11 City of Saratoga Springs City Council Meeting Minutes Tuesday, December 20, 2005 Jack King of the Police Department, Marilyn Rivers, City’s Risk & Safety Manager, Tony Izzo, Assistant City Attorney and Debbie Harper, Deputy Commissioner of Accounts. Professor Stephen Gottlieb, Albany Law School Professor and head of the New York Civil Liberties Union also reviewed the material and made recommendations. Commissioner Towne said the committee was charged with reviewing the public assemblage ordinance specifically to address demonstrations as well as to make the ordinance more user-friendly. He said the existing Public Assemblage ordinance covered public assemblies, special events and tents. During the review of that ordinance, committee members found that to make the ordinances more user-friendly, the items should be split into three separate ordinances, so the former Public Assemblage Ordinance has been revamped into three ordinances entitled Demonstrations, Temporary Structures and Special Events. Demonstration Ordinance Commissioner Towne explained that the Demonstration Ordinance gives those individuals or groups that want to hold a demonstration the ability to do so by simply filing a “declaration” with the City that notifies the City that a demonstration will be held at a certain time, date and location. This would give the Department of Public Safety ample time to make the appropriate accommodations for the safety of the participants and passersby. Temporary Structures Ordinance Commissioner Towne said that the temporary structure ordinance was formerly part of the Public Assemblage Ordinance and allows the City to issue a permit to tent installers. He said that a temporary structure of a certain size and building material must be inspected by the Fire Department, therefore a permit is issued to allow tent installers to erect tents. Level one temporary structures, typically those at a residence, are 700 square feet or less, and are exempt from applying for a permit. Permits have been issued for tent installers under the former Public Assemblage Ordinance and will continue to be so under the new Temporary Structures Ordinance. Special Events Ordinance Commissioner Towne said that the Special Event ordinance was formerly part of the Public Assemblage Ordinance and allows for the City to issue a permit for special events such as First Night, Hats Off, and the Victorian Street Walk. He said that permits have been and will continue to be issued for events such as these, and by applying for a permit to hold a special event such as one of the ones previously noted, would again allow for the City to make the appropriate accommodation for public safety of the participants. This ordinance was previously part of the Public Assemblage ordinance. Parade and Noise Ordinances Commissioner Towne said that it became evident while reviewing the Public Assemblage Ordinance that it overlapped with both the Parade and the Noise Ordinance. Therefore, those ordinances were reviewed and only slight modifications were necessary, but were made in areas of new definitions, more clarification on prohibited items and activities and further clarification on insurance requirements. Under the Noise ordinance, additional language was also added regarding enforcement and penalties. Commissioner Stephen E. Towne moved and Mayor Michael Lenz seconded to adopt the Demonstration, Parade, Special Event, Noise and Temporary Structure ordinances as presented. Commissioner Curley asked how this affects how the City charges for different special events if the city has established rates and fees for additional services created by particular events. Assistant City Attorney Tony Izzo said that none of the ordinance contain a fee structure for that type of thing but there given the format created for that purpose, there is no 12 City of Saratoga Springs City Council Meeting Minutes Tuesday, December 20, 2005 reason why that any government cannot provide those type of services with a private entity that is putting as special event. He said it could be worked out as a private sector-public sector cooperative. Commissioner Curley said he wanted to be sure these ordinances would not alter arrangements of that sort in any way and Assistant City Attorney Izzo assured him that they would not. Ayes all Authorization for Mayor to sign contract with DEC for Agent Designation (2005-271) Commissioner Towne said that the City currently has a contract with New York State Department of Environmental Conservation to issue hunting/fishing licenses under the DECALS (Department of Environmental Conservation Automated Licensing System) program. He explained that under this agreement the City Clerk has been listed as the agent issuing the licenses, and in order to provide for seamless appointment continuity, he is proposing that Assistant City Clerk, Sheila Brooks should be listed as the agent issuing licenses. Sheila Brooks has completed all the necessary training as required by DEC to issue licenses, and she has been issuing licenses under the new DECALS program since its inception three years ago and has been issuing licenses for the City for more than 25 years under their previous licensing program. Commissioner Stephen E. Towne moved and Mayor Michael Lenz seconded to authorize the Mayor to sign the license issuing agent agreement with New York State Department of Environmental Conservation contingent upon the review of the Risk & Safety Manager and the City Attorney. Ayes all Authorization for the Mayor to sign a contract with General Codes for software Commissioner Towne said that recently the Council approved a contract with General Codes to have General codes scan approximately 9,500 pages of City Council minutes, comprising of more than 26 years of City Council minutes and more than five years of electronic images. He said that when the Council approved that contract, he mentioned that the program could be expanded to allow for additional City Council minutes to be included and/or to include other Departments. He said that is department is asked on a regular basis, almost daily, to search through old City Council meeting minutes to find historical information that is useful to current topics. These searches can take anywhere from 15 minutes to 3 or 4 hours depending on the request. Scanning the most recent 30 years of minutes has reduced the search time to less than 15 minutes per request in most cases. Commissioner Towne said that purchasing the software to allow the City staff to scan several more years of minutes or to import minutes into the program rather than sending the documents to General Codes would be a cost savings to the City. It would allow for the most up to date means of searching for City Council issues, and by purchasing the software, it provides the ability to scan other documents and/or other meeting minutes. Based on current pricing from General Codes, the estimated cost to have General Codes scan the remainder of the City Council meeting minutes would be approximately $7,500. Purchasing the software is therefore a cost savings to the City and it allows us to expand the program and scan other documents. Commissioner Stephen E. Towne moved and Mayor Michael Lenz seconded to authorize the Mayor to sign the contract with General Codes in the amount of $5,241 for the purchase, installation and training of the text searchable software program. This amount is in and will be taken from the Accounts Department budget. Ayes all Presentation: Quarterly Risk & Safety Management Report Stephen Towne said that Marilyn Rivers is here this evening to present the Risk and Safety Management quarterly report. Marilyn Rivers said it has been a busy quarter for the safety committee. They have been working on programs 13 City of Saratoga Springs City Council Meeting Minutes Tuesday, December 20, 2005 that will be brought to fruition in 2006, specifically regarding lights for the north and south piece of the Route 50 arterial. She said they have been working with the New York State Department of Transportation and with National Grid and the Department of Public Works received a proposal today and after further examination they will be turning lights on at the major intersections along that highway depending upon the finances and the availability of National Grid staff. She said that the committee updated the City’s fleet safety program and the City Council recently passed the updates to program. Each employee that has access to a City vehicle is now required to sign the fleet safety program agreeing to the terms and conditions that the City Council has set. Marilyn Rivers said the committee recently completed the hazard communication program in which every chemical in the City has been categorized and is now going to be put into a central electronic database that will be available to every City department. The goal for 2006 is to ensure that the Fire and Police Departments have their own particular pieces of this program with a drop down menu for every chemical currently in the workplace. She said that three major programs to be developed in 2006 that will impact Public Safety, Public Works and the Mayor’s Department including a Trail Management/Risk Manager program in conjunction with the new POSH position; an Interactive Spray Fountain Risk Management Program because the State Department of Health has indicated that the City’s interactive spray fountains might potentially require licensing so she will be working with DPW to create a daily Risk Management Plan similar to what is done with the City’s Skate Parks, and they will be changing Camp Saradac to include some additional new mandates of the Department of Health. She said the Safety Committee would like to extend thanks to the Postal Workers for diligently providing information on the City’s sidewalks; Bill Davis and the employees at the Senior Citizens Center for providing the opportunity for the Safety Committee to serve the senior citizens of this community; to Tom Knight for providing annual CPR and AED Training at no cost to the City on his own time; to Dee Sarno and Joel Reed of the Saratoga Arts Council for joining the City’s Safety program. Marilyn Rivers also thanked Maine Drilling & Blasting, Pompa Brothers, North American Drilling & Blasting and Pallette Stone for their excellent advice and assistance in updating the blasting ordinance; and to Laurie Potynski, William Flaherty, John Walters and Tom Werner for their work on the Route 50 lights. She thanked Joseph Petrosky, Skidmore College Students, Molly Gagne, the Downtown Business Association, the Chamber of Commerce, and Gavin Landry for asking the Safety Committee to be a part of their lives to make this community safer. She said the Committee would like to extend its sincere thanks to Commissioner Towne for his commitment to establishing the Safety Committee and allowing them to form a strong partnership with this community, and they are grateful for the foundation he has provided, and thankful for the leeway allowing the committee to work in partnerships to serve the community. Set Public Hearing – Ethier Zoning Amendment, 166 Jefferson Street Commissioner Towne said that pursuant to the Council’s request of November 16, 2005, the Planning Board reviewed the proposed zoning map amendment submitted by Steve Ethier to change the classification of approximately .75 acres of land at 166 Jefferson Street from Urban Residential –1 to Urban Residential-4. The Planning Board discussed the request at their December 7, 2005 meeting and following the discussion the Board voted 4-1 to issue a “favorable” advisory opinion in the revised proposed zoning UR-4 map amendment based upon the belief that the proposed change in density is in accord with the Comprehensive Plan designation for this area of the community. The proposed zoning amendment would allow the density on this parcel to increase from approximately 4 homes up to 11residential units. The boundaries of the different land use categories on the “Development Plan” map in the Comprehensive Plan are by design flexible and non-precise. He said the Board interprets that the proposed site is reasonably close and compatible with an area designated on the Development Plan as High Density Residential-2 (HDR-2) and this HDR-2 district permits 14 City of Saratoga Springs City Council Meeting Minutes Tuesday, December 20, 2005 a density of 1 to 15 units per acre. Also, the revised proposed UR-4 designation for this site is in accord with the existing zoning ordinance because the UR-4 zoning designation already exists in the zoning ordinance. Commissioner Towne explained that the Planning Board supports this rezoning because the applicant has made a commitment to having a substantial portion of the units in any development on this site to be affordable. He said that Steve Ethier is worthy of council support for the work he has done in this area. He said that the Neighborhood association has forwarded a letter with Christine Healy in support of this activity. Commissioner Towne set the public hearing for January 3 2006 at 6:50 p.m. DEPARTMENT OF FINANCE Payroll Commissioner Matthew McCabe moved and Commissioner Thomas Curley seconded to approve the following payrolls: December 9, 2005 - $546,597.43 and December 16, 2005 - $409,681.85. Ayes all. Warrants Commissioner Matthew McCabe moved and Commissioner Stephen E. Towne seconded to approve the following warrants: 2005 regular warrant 12/20/052DEC05 $ 349,440.26 2005 mini warrant 12/14/05MC1DEC05 $ 264,509.73 Ayes all. Budget Transfers - Contingency Commissioner Matthew McCabe moved and Commissioner Thomas Curley seconded for council approval for the2005 budget transfers in contingency that were previously distributed. (Attachment A) Commissioner McCabe explained that this set of transfers is listed separately per the budget transfer policy and have met the transfer guidelines. Transfers from contingency must include an update of the remaining contingency balance and these are as follows: There are 86 lines that describe transfers from contingency expense lines in the General fund, the Water Fund and the Sewer Fund, and payroll lines in all departments which cover the contractual increases approved at the 11/18/05 City Council meeting for the 2005 retroactive salaries for CSEA union employees. City Hall Unit. He said the contingency expense lines are: From the general fund, $104,324.97 and there will remain a $42,456.03 contingency balance after this transfer. From the water fund, $74,480.54 with a balance of $ 3,007.46 in the water fund contingency. From the sewer fund, $30,926.56 with a remaining balance of $194,203.44 in the sewer fund contingency after this transfer. He said there are two more lines describing the transfer from the Sewer Fund Contingency expense line to the County Sewer District Contractual charges expense line, lines 50 and 51 from the Public Works Department will cover a deficit in the County Sewer District Bill in the amount of $26,950. There will remain $167,253.44 in the Sewer Contingency Fund after this and the above mentioned transfers. Ayes all Budget Transfers - payroll Commissioner Matthew McCabe moved and Commissioner Stephen E. Towne seconded to approve the 2005 budget transfers from or to payroll accounts as previously distributed. (Attachment B) This set of transfers is listed separately per the budget transfer policy and has met the transfer guidelines. Ayes all Budget Transfers - regular 15 City of Saratoga Springs City Council Meeting Minutes Tuesday, December 20, 2005 Commissioner Mathew McCabe moved and Commissioner Stephen E. Towne seconded for Council approval of the 2005 regular budget transfers as previously distributed. These budget transfers have met the transfer guidelines. Ayes all Budget Transfers – Social Security Commissioner Mathew McCabe moved and Commissioner Stephen E. Towne seconded for council approval of 2005 budget transfers from or to social security expense lines that were previously distributed. This set of transfers is listed separately per the budget transfer policy and they have met the transfer guidelines. Ayes all Budget Transfers – Health Insurance Commissioner Mathew McCabe moved and Commissioner Stephen E. Towne seconded for council approval of 2005 budget transfers from or to Health Insurance expense lines that were previously distributed. This set of transfers is listed separately per the budget transfer policy and they have met the transfer guidelines. Ayes all Budget Amendments Commissioner Matthew McCabe moved and Commissioner Stephen E. Towne seconded to approve the 2005 budget amendments previously distributed with the agenda. These budget amendments have met the amendment guidelines. Ayes all Authorization for the Mayor to Sign Health Care Contract Renewals (2005-272) Commissioner Matthew McCabe moved and Commissioner Stephen E. Towne seconded for the Mayor to sign the 2006 health care rate renewal contracts for Blue Shield of Northeastern New York Community Blue HMH 202 and Traditional Blue 910; the Capital District Physicians Health Plan, Inc. (CDPHP); Empire Health Choice HMO Inc., MVP Health Care, Inc. contingent upon the approval by the City Attorney and the Risk and Safety Manager. Commissioner Towne asked if it is correct that the plans are all increasing in price annually anywhere from 10 to 15%? Commissioner McCabe said that the rates that came in ranged from a low 4% increase to a high of 17% increase. Commissioner Towne said that the cost of insurance is shocking. Ayes all Authorization for the Mayor to sign Contracts: Agreements with Health Care Insurers to provide administrative services for the Retiree Drug Subsidy Program Commissioner McCabe said that the Council would probably have to call a Special City Council meeting to approve this contract, but final figures are expected within the next 48 hours. When he receives them, he will notify the Council to set the Special City Council meeting. Commissioner McCabe said that the City is applying for participation in a new federal program called Retiree Drug Subsidy that is designed to encourage employers to continue offering prescription drug benefits to retirees that are eligible for Medicare by offering a subsidy of 28% of the prescription drug claims. He said the Retiree Drug Subsidy Center is now requiring that the Mayor certify that each of our Health Insurers had agreed in writing to provide information to the RDS Claims Department. The City received notice of this requirement a few days ago, and the certification must be accomplished by January 1, 2006 and the City has four insurers and at this time is prepared to request approval for one contract, CDPHP, which was distributed with the agenda. The City’s broker has reviewed the contract diligently and expects to get final contracts for the rest of the insurers within the next 48 hours. 16 City of Saratoga Springs City Council Meeting Minutes Tuesday, December 20, 2005 Commissioner Matthew McCabe moved and Commissioner Thomas Curley seconded for authorization for the Mayor to sign the contract with CDPHP and for the Mayor to certify to the RDS program that it has executed written agreements with its Health Insurance issuers regarding disclosure of information to CMS. Commissioner Towne said he would like to have the City Attorney and the City’s Risk and Safety Manager review these contracts. He asked if the City is paying a fee for this service. Commissioner McCabe said the Council approved one for about $1,000 about six weeks ago; this is a new federal program that requires the City to issue written contracts that state the information is being provided. There is no financial obligation on the contract with CDPHP. Ayes all Facsimile Signature Resolution – Adirondack Trust Company Commissioner McCabe said that the Adirondack Trust Company suggested that the City pass a resolution in connection with the use of Commissioner’s McCabe facsimile signature on City checks. The council passed the resolution on November 15, and subsequently the Adirondack Trust requested that the account number against which the checks are issued be included. The new resolution is exactly the same as the resolution approved on November 15 except that it includes the account number #4717360. Commissioner Mathew McCabe moved and Mayor Michael Lenz seconded to approve the Facsimile Signature Resolution as distributed for the meeting, and this amends and supercedes the prior resolution. Ayes all City Center Lease Action was taken on this item earlier in the meeting. PUBLIC WORKS DEPATMENT Change Orders – SD Atelier Commissioner Thomas McTygue moved and Commissioner Matthew McCabe seconded for Council approval of change orders in the amount of $6,752.64 for S.D. Atelier Architecture, LLC. He explained that the change order is due to the fact that the Design Review Commission required more work to be done and changes to be made to the proposed Congress Park Bathrooms. Ayes all Commissioner McCabe asked and Public Works Director William McTygue confirmed that the money is in the capital budget, which covers the City in 2005 for this change order. Street Acceptance (2005-273) Commissioner Thomas McTygue moved and seconded Commissioner Thomas Curley seconded that Chapter 201, Section 201-1, Official Street List entitled “Street Naming and Numbering” be amended to include the following roads as public streets: Tommy Luther Drive from Geyser road to Karner Drive, address numbering range, west side, one through seventeen and east side, two through sixteen. Karner Drive from Larkspur Drive to Tommy Luther Drive, North side, seventeen through twenty-seven, and South side, sixteen through twenty six Larkspur Drive, from Karner Drive to Adams Road, West Side one through thirteen and East Side, two through fourteen. 17 City of Saratoga Springs City Council Meeting Minutes Tuesday, December 20, 2005 Acceptance of the streets is conditioned upon the developer posting for one year the required maintenance security bond, filing the deeds and paying all recording fees within four working days after Council action. Ayes all Street Acceptance for snowplowing only For the Council’s information, Commissioner McTygue announced the acceptance of Excelsior Avenue from the Fed Ex Building to the Residence Inn for snowplowing only. Supplemental Agreements with New York State for downtown Pedestrian Improvements and West Avenue Project (2005-265) Commissioner McTygue said that the City has received paperwork from the NYS DOT regarding the Downtown Pedestrian Improvement Project to allow the DOT to increase the Preliminary Engineering phase. The City Council must approve the supplemental agreement resolution with exact wording as distributed and no changes are allowed. The Council has approved similar agreements for other projects involving the NYS DOT. Commissioner Thomas McTygue moved and Commissioner Matthew McCabe seconded to approve the resolution and authorize the Mayor to sign the signature page. Ayes all Permission for DPW Employee to use the Sick Leave Bank Commissioner Thomas McTygue said that a DPW employee, Jan Powers is having knee surgery and will be out of work for awhile. He said she is entitled to use up to 8 ½ days from the Sick Leave Band according to the DPW Contract. Commissioner Thomas McTygue moved and Mayor Michael Lenz seconded for Council approval to allow Jan Powers to use 8 ½ days from the Sick Leave Bank. Ayes all Employee Raises (2005-274) Commissioner McTygue said that the Deputy Commissioners received a stipend for 2005 but there is no increase agreement for the deputies in 2006. He said he is requesting for his own Deputy for a 3.5% raise, the same raise the City Hall employees received. This would be effective January 1, 2006 attached to his salary. He said that for a two-year period, no raises were given to the Deputy Commissioners and in the past the Council tried to stay with the same agreement made for other employees within the City Hall contract. He said his Deputy works 7 days a week for the Department of Public works and has been for a number of months. He said the Department’s Building and Grounds Superintendent asked for a leave of absence without pay for a period of time and they have not requested to replace that position for budgetary reasons so Deputy Design took on the additional responsibilities of that position. Commissioner McTygue said the time allowed to return to the job has run out for the Superintendent and Civil Service will be calling for an examination. He said the Deputy will continue to take on the extra work until the position can be filled. Pat Design’s history and experience in construction has saved the City hundreds of thousands of dollars, especially in the area of inspections of structures. He said he would find the money within his budget. Commissioner Thomas McTygue moved and Commissioner Thomas Curley seconded for Council approval to grant a raise of a 3.5% salary increase to Deputy Commissioner Pat Design beginning January 1, 2006. Commissioner McCabe said that although Commissioner McTygue makes a compelling case for the job and the responsibilities, but he cannot support this because the Council should address the Deputies regarding raises as a group. He said it is the position that must be examined in government spending and not the individual. He said that there was a raise of 7.5% in 2001, 3% in 2004 and a stipend was granted to Deputies in 2005. He said in 2006 there should be policy put in place to address the Deputies regardless of who is in the position or the amount of time served. He said this has no reflection on the work of Mr. Design. 18 City of Saratoga Springs City Council Meeting Minutes Tuesday, December 20, 2005 Commissioner McTygue said there was no raise in 2002 or 2003 and he has given opportunities to vote for raises for the Deputies. He is making the request for his Deputy, especially since he is putting the hours in. He said Commissioner McCabe can address the issue with the rest of the Deputies in the beginning of 2006 but he does not want to wait any longer so he is requesting the raise for Deputy Commissioner Design now. Commissioner Towne said that it is a bad precedent to take a Deputy out of context from the others. He said all Commissioners could make a case that their Deputies work extremely hard, whether it is the number of hours on the job, or the stress on the job, but they should be regarded as a group and not individually. He said there was an opportunity to budget for this and it was not done, so at this point salary adjustments should be dealt with by incoming Council. He said it is nothing personal and he sees Deputy Design on the job early in the morning, but this should be dealt with more comprehensively and not just for one Deputy. Commissioner Curley said this is an issue that comes up repeatedly. He said the Deputies should not be treated any differently than other members of City Hall staff or City employees. He suggests that the Council should adopt a policy that would tie the Deputies in with contractual movements of CSEA employees so there would be a consistency and continuity over the years, so we do not have to come to the table asking and going into combative mode because the finances aren’t there. Instead, there should be something planned for and built into the budget process, tying raises to a group such as the CSEA to alleviate this recurring problem. Mayor Lenz said that the Deputy positions are unique and those that step forward to serve in these positions are often putting their professional lives at risk because it is only a guarantee of two years of employment and turnover is possible. He said he has supported raises that have come out of a Department’s budget and it is appropriate. He said because of the possibility of turnover, it might not be appropriate to tie the raise for Deputies in with the cost of living or contractual raises of various Unions. He said that this is a unique situation because so many of the council members are out-going, and the incoming administration could certainly review their Deputies situations next year or the year after and make recommendations about the raises they might consider giving to them. Commissioner McTygue has indicated that his Deputy will be returning and he does feel that he wants to give his Deputy a raise and will take it out of his own budget and that is not inappropriate, and he will support the motion at this time. Commissioner McTygue explained that his Deputy volunteered to take on extra responsibility, which makes this a unique situation. Commissioner McCabe said there should be a uniform policy and he will work with the City Council to develop a policy. Ayes: 3, Nays: 2 (Commissioner McCabe, Commissioner Towne) Permission for the Mayor to Sign Lease Agreement for Cold Storage Commissioner Thomas McTygue moved and Commissioner Thomas Curley seconded for council approval for the Mayor to sign a lease agreement with Joseph Balsamo of 53 Putnam Street for DPW to use the facility for cold storage of vehicles and equipment for a one-year term with no rent to the property owner, but instead the City would be responsible for the utility bills generated by the use of the premises, contingent upon review by Mr. Balsamo’s attorney. Commissioner McTygue noted that this has been reviewed by the City Attorney and the City’s Risk and Safety Manager. Ayes all. DEPARTMENT OF PUBLIC SAFETY Accept $7,600 award from New York State Selective Traffic Enforcement Program 19 City of Saratoga Springs City Council Meeting Minutes Tuesday, December 20, 2005 Commissioner Thomas Curley moved and Commissioner Stephen E. Towne seconded to accept an award of $7,600 from New York State to participate in the statewide “Selective Traffic Enforcement Program” to be used for the cost of additional time for traffic enforcement to reduce aggressive driving and speeding. Ayes all. Alternate side parking along East Beekman Street between Washington and Congress Streets (2005-275) Commissioner Curley said a public hearing was held this evening on this amendment of the Vehicle and Traffic Code. Commissioner Thomas Curley moved and Commissioner Thomas McTygue seconded to amend Section 1. Chapter 225 of the Code of the City of Saratoga Springs, New York entitled “Vehicle and Traffic” Section 225-81 is amended the following to Schedule XXIX: Alternate Side of the Street Parking on East Beekman Street from Washington Street to Congress Street to take effect the day after publication as provided by the provisions of the city Charter of the City of Saratoga Springs. Ayes all Amend Chapter 101 of the Code entitled “Dogs and other Animals” Commissioner Curley said that a public hearing was held earlier in the evening, but the Council will take the no action because there needs to be more work done regarding public input on the ordinance. The public hearing will remain open, and any subsequent public hearing will be a continuation of tonight’s hearing. No Parking anytime along East side of Putnam Street within 30 feet of and between Library driveways (2005-276) Commissioner Thomas Curley moved and Commissioner Thomas McTygue seconded to amend Section I. Chapter 225 of the Code of the City of Saratoga Springs, Section 225-81 to add the following to Schedule XVI: Parking Prohibited at all times on Putnam Street on the east side between, and within 30 feet of driveways to the public library to take effect the day after publication as provided by the provisions of the City Charter of the City of Saratoga Springs, New York. Ayes all Commissioner Curley said he thanked his family and his wife for their support throughout his years of service to the City. Commissioner Towne said he served 4 years and in that time there were over 40 meeting per year, and over 1000 voted actions, many of which were significant decisions that took a lot of thought. He said he admired all Council members for what it takes to be in these positions and he appreciates the time he served. Commissioner McCabe thanked Commissioner Towne, Commissioner Curley and Mayor Lenz for treating him well and for their professionalism and for their loyalty to the City. Commissioner McTygue gives all City Council members credit for doing this job and helping to make the City what it is today. He said it has been an honor to work with each Commissioner and with the Mayor. Mayor Lenz thanked his parents for being role models that emphasized public service and giving back to the community. After three terms as Finance Commissioner and one term as Mayor, he now has the opportunity to devote more time to his business and family. He wished incoming Mayor, Valerie Keehn well. SUPERVISORS County Update Supervisor Phil Klein commended the City Council on their hard work regardless of the number of years, he had the best interest of the City at heart and after 18 years of service he would not change anything. He announced that the County passed the budget 21 – 2 and it includes a tax rate decrease and it is probable that the County could hold that 1 to 2 years. He said that he asked the City’s Public Works Department to study the County’s DPW Contract #5 and #6 for the County Water Treatment Plant and facilities Project. He said that regardless of how County System is used is up to subsequent Councils. Supervisor Klein wished every one well. 20 City of Saratoga Springs City Council Meeting Minutes Tuesday, December 20, 2005 Public Comment Mayor Lenz opened the public comment period. Cheryl Keyrouze of 13 Wampum Drive said she wanted to publicly recognize and thank Supervisors Phil Klein and Anthony Sirocco for their years of service Kyle York, 59 Railroad Place thanked the City Council for their hard work and he thanked the Deputies, attorneys, and stenographers for their hard work also and said that the spirit of participation inspired him to become involved. There being no one else wishing to speak, Mayor Michael Lenz closed the second public comment period. ADJOURNMENT Mayor Michael Lenz moved and Commissioner Thomas Curley seconded to adjourn the meeting at 9:06 p.m. Ayes all. There being no further business, Mayor Michael Lenz adjourned the meeting at 9:06 p.m. Respectfully submitted, Nancy Wagner Clerk 21