City Council

City of Saratoga Springs City Council Meeting Minutes Tuesday, March 7, 2006 CITY OF SARATOGA SPRINGS CITY COUNCIL MEETING CITY COUNCIL ROOM TUESDAY, MARCH 7, 2006 6:00 P.M. PRESENT: Valerie Keehn, Mayor Commissioner John Franck, Accounts Commissioner Ron Kim, DPS Commissioner Matthew McCabe, Finance Commissioner Thomas McTygue, DPW STAFF PRESENT: Lynn Bachner, Deputy Commissioner Finance Michele Boxley, Deputy Commissioner Accounts Patrick Design, Deputy Commissioner, DPW Nancy Ohlin, Deputy Mayor Michael Englert, City Attorney Tony Izzo, Assistant City Attorney CALL TO ORDER Mayor Valerie Keehn called the meeting to order at 6:00 p.m. EXECUTIVE SESSION Commissioner Ron Kim moved and Commissioner Matthew McCabe seconded adjourned to executive session at 6:00 p.m. to the PBA contract. Ayes all. Council members returned at 6:40 p.m. Mayor Valerie Keehn reported that no action was taken. PUBLIC HEARING Dog Ordinance Mayor Valerie Keehn said this was a public hearing on the proposed amendments to Chapter 101 of the City Code entitled Dogs and Other Animals. She opened the public hearing. Jessica Eggleston 77 Crescent Street, appreciated the modifications to the ordinance in connection with the annual dog show. She said dog owners need to be responsible. She also appreciated the change from the length of the lead from five feet to six feet. She said this was a good ordinance. Arnold Orlander, 14 Preserve Way, asked for a reading of the ordinance. The Mayor did so. He said that as long as dogs were not banned from the downtown area on a regular basis, he supported this ordinance. Commissioner John Franck brought his family dog, Charlie, to the table. He explained that while both of his dogs are very gentle, the eight year old black lab, in a state of confusion, bit the smaller dog, Charlie, in the face causing Charlie to lose an eye. He said he was concerned with having dogs in large crowds because of the confusion. He said that pet owners need to be City of Saratoga Springs City Council Meeting Minutes Tuesday, March 7, 2006 responsible and this was a good ordinance that should be adopted. Ron Kim said he too supported this ordinance. He said that he lost his puppy for a couple of days because the dog became startled during a fireworks display. He agreed that the confusion and noise sometimes alarms pets and causes them to act in a way that they would not normally act. Tony Izzo, Assistant City Attorney, said this ordinance has been reviewed by the City’s Safety Committee. He said the definition of “control” was by far the most important change to this ordinance. Marilyn Rivers said the Safety Committee has worked on this for several months and had reached out to several community groups. There is a great deal of support throughout the community for this ordinance. Commissioner Thomas McTygue asked who would enforce the ordinance. Ron Kim said the Police Department would have the ability to enforce this ordinance. There being no one else wishing to speak, Mayor Valerie Keehn closed the public hearing. CALL TO ORDER Mayor Valerie Keehn reconvened the meeting at 7:05 p.m. PUBLIC COMMENT PERIOD Mayor Valerie Keehn opened the public comment period. Kyle York, 59 Railroad Place, displayed the County’s DEIS of 1,997 pages. He said this document was a travesty of brilliant gamesmanship. The County has no customers at this point. The project consists of a water intake, pump station, water treatment plant, storage tank and water lines. There is nothing in the DEIS to extend water to any home. The proposal states that this construction will take place over 24 months with 70 workers and that those workers will patronize local restaurants, hotels, etc. There is nothing in the report about the impact of the water line to county residents. The only traffic impact noted in the DEIS is less than ten employees each day coming and going from the water treatment plant. Phil Diamond, 21 Waterview Drive, said the City should ask the County to extend the 30 day public comment period. The City should be given five or six months to review and comment. He also asked that the Council support DPW’s proposal to add the $4/year fee to the water bills to cover emergency repairs from the main to the curb shutoff. John Kraus, 227 Grand Avenue, said it has been two months since the end of 2005 and he is still awaiting the year end report. The citizens need to know what the surplus is. There has been stronger sales tax collection, savings from unfilled positions, good fiscal management which all contributes to a greater surplus. The tax rate should be held in 2007 because of the property values are remaining stable. He suggested that any surplus from 2005 be used to cover the 2007 pension costs. He further suggested that the tax rate for 2007 should be at $4.50. Raymond Taylor, Brunswick Avenue, Troy, said he relies on public transportation. Public transportation is needed for those service workers who live in or near this city. Affordable housing is also needed. He asked who would sweep the floor and serve the coffee without City of Saratoga Springs City Council Meeting Minutes Tuesday, March 7, 2006 affordable housing. He suggested housing such as the YMCA’s used to provide B the single room occupancy. Peter Tulin, 40 Sarazen Street, thanked the Council for the many things that they have done since taking office. Those items included the freeze on assessments, zero percent tax increase, a Mayor who is very visible, Commissioners who propose additional revenue and the proposed $1/quarter increase to the water fee for emergency repairs. John Hamelin, 160 East Avenue, said he owns a modest home on East Avenue. He explained his situation with standing water in his front yard and unfortunately not getting assistance from DPW on the matter. He had to call a plumber to repair the leak in the water line. They dug up his front yard, ruined the sidewalk and 3 1/2 hours later he got a bill for $4,100. Other contractors and plumbers told him that the job should not have cost more than $2,000. He said this is what the normal, average citizen is up against. They are an average family trying to raise their two daughters and it seems that only millionaires and convicted sex offenders are the only people who can afford to live in this city. It is tough for the average family to have a nice life in this City. Marcillene Taylor, 49 Doten Avenue, said she spends $3.09 once a week on a latte and she would gladly give that money to the City to repair these emergency breaks. She encouraged the Council to support this proposal. Sharon Boyd, 99 State Street, said she too had to pay for a repair to her water lines and she had huge bills on a very tight budget. She commended Commissioner Thomas McTygue for bringing this proposal forth. It is a small price to pay for this insurance. Wilma Koss, 160 Kaydeross Park Road, encouraged everyone to read the DEIS and make comments. Thilo Ulman, Maple Avenue, supported that $1/quarter fee for the repair of the water lines. This is positive and beneficial for homeowners. Remigia Foy, Westside Neighborhood Association, said she was surprised that the Council did not support the fee for the emergency repairs to water lines. The infrastructure in the City is getting old and this will help citizens. DPW has the expertise and the machinery to make these repairs in a timely manner. It’s a question of public safety and public health. Commissioner Thomas McTygue should be commended for this proposal. She submitted a letter from the Westside Neighborhood Association supporting this proposal. Christine Healy, Jefferson Street Neighborhood Association, said they too support the emergency water repair fee proposal. Ed Keenan, plumber, said he supported this proposal. He said DPW has the expertise and the ability to repair these emergencies in a timely fashion. He said in many cases, DPW must assist the plumbers when they are making these repairs. He said he supported this proposal. Commissioner Matthew McCabe said the proposal has merit, but he had several questions on key issues. Those questions have now been answered and he would support the proposal. There being no one else wishing to speak, Mayor Valerie Keehn closed the public comment period. City of Saratoga Springs City Council Meeting Minutes Tuesday, March 7, 2006 MAYOR’S DEPARTMENT Town Hall Meeting Mayor Valerie Keehn said the next Town Hall meeting would be held on March 25 at 10:00 a.m. at the Waters Edge Community Room. Kathleen Kauth update Mayor Valerie Keehn congratulated Kathleen Kauth for winning the bronze medal at the Olympics. DEPARTMENT OF PUBLIC WORKS Fees for Emergency Water Service Lateral Repair (06-46) Commissioner Thomas McTygue moved and Commissioner John Franck seconded to amend the existing water rates to include the $1/quarter fee for emergency repairs to water lines from the main line to the curb shut off. Commissioner Thomas McTygue submitted letters of support from the Jefferson Street Neighborhood Association, Southwest Neighborhood Association, On-Call Plumbing and B&B Plumbing all in support of this proposal. This proposal is for emergency repair work only. Once an emergency has been identified, DPW will repair the break/leak. DPW will not do replacement of the pipes. Commissioner Thomas McTygue said it will be billed on the existing water bills by noting a $1/quarter increase. This fee will bring in about $32,000 and should cover the cost of the 12 to 15 emergency repairs each year. Mayor Valerie Keehn asked for clarification on Mr. Hamelin’s problem with standing water in his yard. Commissioner Thomas McTygue said the City does not work on pipe on private property. The City will make the repairs from the main to the curb shut off. From the shut off to the house is the responsibility of the owner. These repairs could be year round, however, generally they are in the winter. These repairs are a tremendous expense for homeowners and especially for those on fixed incomes. Mayor Valerie Keehn asked if DPW would replace or repair. Commissioner Thomas McTygue said they would repair the leak. They would also look at the line and make a recommendation to the homeowner as to whether the entire line might need replacement. Ayes all. MAYOR’ DEPARTMENT Impact of February 17 Storm on Downtown Businesses Mayor Valerie Keehn said several businesses have requested a letter from her office with the details of the storm and the negative impact for their insurance purposes. Those letters are available in the Mayor’s Office. City of Saratoga Springs City Council Meeting Minutes Tuesday, March 7, 2006 Bicycle Benefits Program Ian Klepetar said he started an organization a few years to improve the bike infrastructure in the city. He put together a bike benefit program to encourage people to bike downtown. Businesses will offer incentives to those who ride their bikes downtown. Bike riders will have a sticker displayed on their helmet so that the business owner knows they rode their bike. He then distributed a list of those businesses participating in this program. Those businesses will display a decal in their window. He said that more information could be obtained at www.healthytransportation.org. Mayor Valerie Keehn said this was a good program to encourage people to shop downtown. Downtown Transportation Committee Mayor Valerie Keehn said the City is in the process of preparing a Downtown Transportation Plan in cooperation with CDTC. The study will be funded through CDTC at $80,000. A consultant has been hired. The City and CDTC are jointly responsible for overseeing the study. Members of the committee include: Lew Benton, Bob Israel, James Cornick, Bill McTygue, Andy Brindisi, Rod Sutton, Teena Willard, Greg Cuda, Sonny Bonacio, Ian Klepetar, Janette Kaddo Marino, Tom Lewis, Kevin Novak, Kristina Younger, Sandy Misiewica and Todd Fabozzi. Staff for the committee includes: George Jacquemart, Gary Roth, Arnold Hausler, Deborah Stacey and Geoff Bornemann. Geoff Bornemann said a decision was made to look at the traffic downtown through a comprehensive approach. A strategic plan was devised to identify the improvements and then to find a way to fund the improvements. They hope to come up with a per square foot charge for the new improvements. There will be three public workshops with the first scheduled for April 3 at the Casino. The remaining two will be in June and September. He will report back to the Council on the progress of the committee. 2006 CDBG Funding Recommendations Richard Ferguson, Chair of the Community Development Citizen Advisory Committee, informed the Council, that the City had 15 requests totaling $575,000 funding on this program. The City had $380,000 in grant funds to disburse. All of the requests were discussed at great length and measured through a matrix system. He said committee members showed great flexibility and creativity in funding items due to the recent storm/power outage. He believed the requests that are being recommended by the committee meet the objectives of the City. Brad Birge explained that applications are monitored and tracked quarterly. Reports are filed annually with the federal government. A question was raised on what was an “at risk youth” and whether organizations are aware that they may qualify. Mayor Valerie Keehn said that Brad Birge could provide a list of organizations throughout the City that might qualify for funding and if Commissioners wished they could contact those organizations. Brad Birge said each year the committee struggles with whether to continue to fund existing activities or to encourage new ones. VLT State Aid Legislation (06-47) Mayor Valerie Keehn moved and Commissioner Ron Kim seconded the following resolution: City of Saratoga Springs City Council Meeting Minutes Tuesday, March 7, 2006 REQUESTING AMENDMENTS TO THE GOVERNOR=S PROPOSED PUBLIC PROTECTION AND GENERAL GOVERNMENT BUDGET BILL REGARDING STATE AID TO COMMUNITIES IMPACTED BY VLTs WHEREAS, a budget bill known as the “Public Protection and General Government Budget Bill” has been introduced to the state legislature, and WHEREAS, Part D of this proposed budget bill is intended to provide state aid for VLT-impacted communities in order to “defray local costs associated with a video lottery gaming facility” or “minimize or reduce real property taxes,” and WHEREAS, Saratoga Springs is a VLT-impacted community, with a year-round video lottery gaming facility known as Saratoga Gaming and Raceway, and with local costs associated with this facility including but not limited to police, fire, traffic, roads and other infrastructure, water, potential loss of income to downtown businesses, social and economic impact of gambling addiction, and WHEREAS, Part D of this proposed budget bill as written would exclude Saratoga Springs and make Saratoga Springs ineligible for this state aid; now, therefore, be it RESOLVED, that the Saratoga Springs City Council requests the legislature to amend the wording of Part D of the Public Protection and General Government Budget Bill in order to include Saratoga Springs and make Saratoga Springs eligible for this state aid at the maximum level possible; and be it further RESOLVED, that the Mayor of Saratoga Springs forward a copy of this Resolution to Governor Pataki, Senator Bruno, Senator Farley, Assemblyman Tedisco, Assemblyman Reilly, Assemblyman McDonald, and Assemblyman Canastrari. Commissioner Ron Kim said he would like to join the Mayor on this trip to Albany. He also suggested that a letter writing campaign from the constituents in this area. He said this was a matter that crosses party lines. The City continues to generate a lot of costs connected with VLTs and the City should be included in the reimbursement. Commissioner Thomas McTygue agreed saying that a letter writing campaign was important. The City has had to live with shortfalls in OTB funds and the Admissions Tax. Supervisor Joanne Yepsen said she would also like to join the Mayor when going to Albany. Ayes all. SPAF Grant Mayor Valerie Keehn moved and Commissioner Thomas McTygue seconded to accept the SPAF grant for the July Chamber Music Series with the NYC Ballet Orchestra in the amount of $1,500 for concerts to be performed in July. Ayes all. Executive Assistant Mayor Valerie Keehn moved and Commissioner Ron Kim seconded to adopt the resolution in connection with the Executive Assistant’s position. Commissioner Thomas McTygue said this position received a three percent increase in 2000 and in 2001 received two, four percent pay increases. He said this position is similar to those that City of Saratoga Springs City Council Meeting Minutes Tuesday, March 7, 2006 have gone some years without an increase and that is unfortunate. He said due to overtime, 48 percent of the employees make more than the deputies. He said that a few years ago, the Mayor’s Office did not have a deputy mayor, therefore, there was an executive assistant. The Mayor’s Office now has a deputy mayor plus other political appointments. He said perhaps it was time to take a step back. There are a number of employees not governed by the CSEA contracts and perhaps they should be grouped and reviewed. He did not agree with giving the Executive Assistant a 20 percent increase. He said if the Mayor wanted to be fair it would be 13 percent. He further noted that if the Mayor carried through with her plan to raise the salary now, then put the position at 40 hours next year, that position would be near $49,000. He said the Council works hard on negotiating contracts. CSEA has agreed that all new positions will be 40 hours to help reduce costs. The Council should not keep this position at 33 hours and give it a 20 percent pay increase. He said he could support some increase in compensation if all the positions are reviewed. The Finance Department continues to state that the City is in hard financial times. He reminded Council members that there was a salary study done a few years ago that was ignored. He said that perhaps it was time to take a look at that study again. Commissioner Thomas McTygue moved and Commissioner John Franck seconded to table the motion: Ayes: three (Commissioners Matthew McCabe, Thomas McTygue and John Franck); Nays: two (Mayor Valerie Keen and Commissioner Ron Kim). Motion carried. Roohan Property Easement Tony Izzo said the City receives several of these type requests each year. This is a porch that encroaches into the City right-of-way by about four feet. Commissioner Thomas McTygue asked how long it had been existing. Tony Izzo said he wasn’t sure. He explained though that if this easement was granted, the porch could be rebuilt within this footprint. Commissioner Ron Kim said the easement was not clear that the porch could not be expanded upon. Tony Izzo said that other language could be used. Mayor Valerie Keehn said the language should be clear that the porch should not be allowed to encroach further than what is existing. Tony Izzo said that language could be added stating that if it was to be rebuilt it would not encroach further than the existing footprint. Commissioner Ron Kim said if the entire building was destroyed and rebuilt, then perhaps the new porch should not encroach at all. He said he would like more detailed language. It was agreed to bring this item back to the next meeting. Draft Ordinance on Adult Use/ Moratorium on Adult Use (06-48) Mayor Valerie Keehn said the City has an adult use ordinance, however, it was time to revisit and update the ordinance. She requested that a public hearing be set for April 18 at 6:30 p.m. Mayor Valerie Keehn moved and Commissioner Ron Kim seconded to forward this proposed local law to the Planning Board for an advisory opinion. Geoff Bornemann said this is a proposed local law for a moratorium on adult uses and is an amendment to the City’s zoning ordinance. He said this should also be forwarded to the County Planning Board. Commissioner Thomas McTygue asked specifically what was the City proposing. Michael Englert, City Attorney, said the Mayor’s proposal is to better regulate adult uses. At this time the Council is not limiting anything. The proposed moratoria would bar the issuance of any permits for adult use activities while the Council and the Planning Board are reviewing the proposal. Mayor Valerie Keehn said the City has an ordinance, however, it was time to review and tighten it up while at the same time being mindful of constitutional rights. Michael Englert said that tonight the Council was not voting on the moratorium itself but rather to send it to the Planning Board for an advisory opinion. He said the proposed moratorium would be retroactive City of Saratoga Springs City Council Meeting Minutes Tuesday, March 7, 2006 to March 7. Ayes all. Historic Home Tax Credit State Legislation (06-49) Mayor Valerie Keehn moved and Commissioner Thomas McTygue seconded to approve the following resolution: Resolution of the City Council of the city of Saratoga Springs WHEREAS, it is the policy of the City of Saratoga Springs to preserve the historic architecture that makes our City unique, and; WHEREAS, the City Council of Saratoga Springs seeks to encourage private reinvestment in our existing neighborhoods, and; WHEREAS, the Historic Home Tax Credit as proposed in both the Assembly and Senate could benefit 1,261 properties on the City’s Historic and National Register districts by providing an effective financial incentive to preserve existing housing stock, and; WHEREAS, the City Council welcomes the inclusion of targeted version of the historic home tax credit in the Governor’s budget, benefiting five properties in the City’s distressed neighborhoods; BE IT RESOLVED, that the City Council of the City of Saratoga Springs supports the passage in the New York State Senate and Assembly of the Historic Home Tax Credit and requests that the Senate and Assembly amend budget language under Article VII, Part X to include all historic housing stock in New York State, and; BE IT FURTHER RESOLVED, the City Council authorizes the Mayor to communicate the City Council’s strong support for the Historic Home Tax Credit and request the budget language be amended to include all historic housing stock in New York State in a letter to Senate Majority Leader Joseph Bruno and Assembly Minority Leader James Tedisco, and separately in a letter to Assembly Majority Leader Sheldon Silver. Ayes all. Mommies Bill State Legislation (06-50) Cheryl Keyrouse said the County recently adopted this resolution. Connie Sullivan said she is part of a group of women who lost their jobs because they were pregnant. She said in 1989, the legislature reinstated benefits to more than 40,000 women who were illegally removed from their jobs, however, there were 3,000 women who were left out of that legislation. This resolution is to include those 3,000 women. They currently have 104 sponsors in the assembly and 30 in the senate. Mayor Valerie Keehn moved and Commissioner Ron Kim seconded the following resolution: RESOLUTION SUPPORTING SENATE BILL 3518 AND ASSEMBLY BILL 5131 TO CORRECT RETIREMENT INEQUITIES FOR CERTAIN WOMEN WHEREAS, legislation has been introduced in both houses of the state legislature (Senate Bill 3518 and Assembly Bill 5131) to correct City of Saratoga Springs City Council Meeting Minutes Tuesday, March 7, 2006 inequities which occurred to certain retirees; and WHEREAS, these bills, among other things, correct an inequity in retirement laws which resulted in the denial of continuous service credit in state retirement systems for women who took leaves of absence from jobs for maternity and child care leave during the 1960s and 1970s; now, therefore, be it RESOLVED, that the Saratoga Springs City Council supports the passage of Senate Bill 3518 and Assembly Bill 5131 to afford continuous service credit in New York State Retirement Systems for women who took maternity and child care leave during the 1960s and 1970s; and be it further RESOLVED, that the Mayor forward a copy of this Resolution to Governor Pataki, Senator Bruno, Senator Farley, Assemblyman Tedisco, Assemblyman Reilly, Assemblyman McDonald and Assemblyman Canastrari. Ayes all. National Problem Gambling Awareness Week (06-51) Michelle Hayden and Judy Eckman appeared before the Council. They said that gambling is a rising problem in this County. Mayor Valerie Keehn read the following proclamation: PROCLAMATION CITY OF SARATOGA SPRINGS Whereas, on behalf of the citizens of Saratoga Springs, New York, I am pleased to join The Saratoga Prevention Council in promoting March 6 B 12, 2006, as National Problem Gambling Awareness Week in Saratoga Springs, New York; and, Whereas, promoting the awareness week provides individuals in the Problem Gambling community an opportunity to educate the public and policymakers about the social and financial effectiveness of services available for problem gambling; and, Whereas, problem gambling is a public health issue which affects millions of Americans of all ages, races, and ethnic backgrounds in all communities and which has a significant societal and economic cost; and, Whereas, numerous individuals, professionals and organizations have dedicated their efforts to the education of the public about problem gambling and the availability and effectiveness of prevention and treatment; and, Whereas, The Saratoga Prevention Council, The Saratoga County District Attorney’s Office, The Center for Problem Gambling, The New York Council on Problem Gambling and The New York State Office of Alcohol and Substance Abuse Services invite all residents of Saratoga Springs, New York to participate in National Problem Gambling Awareness Week. Now, Therefore, I, Valerie Keehn, do hereby proclaim the week of March 6th B 12th, 2006, as: National Problem Gambling Awareness Week in Saratoga Springs, New York and encourage all citizens to help spread the message that there is help for problem gamblers through treatment and to support prevention efforts in their community. City of Saratoga Springs City Council Meeting Minutes Tuesday, March 7, 2006 ACCOUNTS DEPARTMENT Approval of February 21, 2006 Meeting Minutes Commissioner John Franck moved and Commissioner Ron Kim seconded to approve the February 21, 2006, meeting minutes. Ayes all. Approval of March 2, 2006, Meeting Minutes Commissioner John Franck moved and Commissioner Ron Kim seconded to approve the March 2, 2006, meeting minutes. Ayes all. Award of Bid - Printed Shirts Upon the recommendation of the Mayor’s Office, Commissioner John Franck moved and Commissioner Thomas McTygue seconded to award the bid for printed t-shirts to Breakaway Sports of Latham for various prices (lowest overall bidder). This bid has been reviewed by the Purchasing Department and meets purchasing guidelines. Ayes all. Award of Bid - Material Trommell Screen Rental Upon the recommendation of the Department of Public Works, Commissioner John Franck moved and Commissioner Thomas McTygue seconded to award the bid for the trommell screen rental to Milton Cat at $16,000 per month (lowest bidder meeting specifications). This bid has been reviewed by the Purchasing Department and meets purchasing guidelines. Ayes all. Award of Bid - Three Ton Cab Chassis Upon the recommendation of the Department of Public Works, Commissioner John Franck moved and Commissioner Thomas McTygue seconded to award the bid for the three ton cab chassis to Morris Ford Mercury per their bid of $31,112 (lowest bidder meeting specifications. This bid has been reviewed by the Purchasing Department and meets purchasing guidelines. Ayes all. Zoning Text Amendment for Extensions of Development Approvals Commissioner John Franck said that at the last Council meeting he requested that a public hearing be held this evening on the zoning text amendment extension of development approvals. However, due to a clerical oversight, the public hearing notice was not printed within the specified time frame. Therefore, he requested to set a public hearing for Tuesday, April 4 at 6:55 p.m. on the zoning text amendments submitted by the ZBA to change the regulations for granting extensions of variances. Assessments Commissioner John Franck said on March 2, he announced a freeze in assessments. He said recently analyzed data suggested that residential assessments could increase by as much as 20 percent while commercial assessments would be considerably less. He said that at this time it would be better to freeze assessments and analyze market conditions. City of Saratoga Springs City Council Meeting Minutes Tuesday, March 7, 2006 Commissioner Ron Kim asked what would happen without increasing assessments. Commissioner John Franck said the City’s equalization rate would drop to about 84 percent. Commissioner Ron Kim asked how this impacted the school. Commissioner John Franck said announcing this freeze early enables the school district to develop their budget with this knowledge. Commissioner Thomas McTygue suggested that there be conversations with the surrounding towns on what they are doing. Commissioner John Franck said the Town of Wilton is on a three year cycle. He further explained that assessments would stay the same except for new construction, additions, etc. He said the City would lose the $50,000 funding from the state because the City will fall under the 90 percent level. He said he was more concerned though with accuracy though than the funding from the state. Risk & Safety Management Update Marilyn Rivers said that the City is in the midst of completing the work due to the recent power outage. The Casino ceiling has been repaired and heaters will be installed next week. At the SCAC building, they have replaced the dry wall and are obtaining a quote for painting. She hoped to have the SCAC work completed by the end of next week. Mayor Valerie Keehn said she had received a memo from Ed Tremblay, Saratoga County 991 Services, and he is seeking figures on the damage from the power outage. Marilyn Rivers said she could gather the figures but was not sure if she could meet the March 10 deadline. Commissioner Thomas McTygue said that it was his understanding that Sgt. Jack King was gathering that data. FINANCE DEPARTMENT Payroll Commissioner Matthew McCabe moved and Commissioner Ron Kim seconded to approve the following payrolls: February 24, 2006 - $392,616.22 and March 3, 2006 - $377,270.34. Ayes all. Warrants Commissioner Matthew McCabe moved and Commissioner Ron Kim seconded to approve the following warrants: 2006 Regular Warrant 3/7/06 1MAR06 $ 89,537.78 2006 Mini Warrant 3/1/06 MC1MAR06 $ 501,114.67 Ayes all. Transfers - Payroll Commissioner Matthew McCabe moved and Commissioner Ron Kim seconded to approve the budget transfers from or to payroll accounts as distributed (Attachment A). Ayes all. Transfers - Contingency Commissioner Matthew McCabe moved and Commissioner Ron Kim seconded to approve the budget transfers as presented noting that majority were for CSEA City Hall and Police Administrative contracts (Attachment B). Ayes all. Budget Amendments City of Saratoga Springs City Council Meeting Minutes Tuesday, March 7, 2006 Commissioner Matthew McCabe moved and Mayor Valerie Keehn seconded to approve the budget amendments as presented (Attachment C). Ayes all. Marketing Committee Commissioner Matthew McCabe welcomed Christine Healy to the Marketing Committee. He said that she would take Shelby Schneider’s place. Salaries for Finance Office Part Time Senior Account Clerks (06-52) Commissioner Matthew McCabe moved and Commissioner John Franck seconded to increase the salaries of the two part time positions in the Finance Department from $10.50 to $11.50/hour effective with the next pay period. The funding is in the Finance Department budget and the total dollar impact will be approximately $3,000. Commissioner Matthew McCabe said these two individuals have a combined 60 years of service to the City and their institutional memory is invaluable. As part time employees they receive no benefits. Commissioner Ron Kim asked if positions such as these and the Mayor’s position should be looked at together when it comes to increasing salaries. He suggested a comprehensive study. Commissioner Matthew McCabe said the difference is that these are two part time employees. He said the deputies and other positions should be looked at as a package. Commissioner Thomas McTygue said part time people are limited by Civil Service Regulations as to how much they can earn each year. He said that generally it is near $14,000. Commissioner Thomas McTygue said he would like to make a friendly amendment to the motion to allow all part time positions the ability to go to $11.50. Tony Izzo said that Commissioner Matthew McCabe’s motion was for the two positions in his department. Commissioner Thomas McTygue said he realized that, but he wanted to include all part time employees in this motion. Commissioner Matthew McCabe said that he wanted to keep this motion for his two part time people only. Commissioner Thomas McTygue said he wanted to offer a friendly amendment. Commissioner Matthew McCabe said he was not supporting the friendly amendment. Mayor Valerie Keehn asked why Finance wanted to increase the hourly rate, if there was a maximum that employees could earn each year. She said the City should keep them at their existing rate and use them to the maximum allowable. She asked if they were eligible for overtime. Commissioner Matthew McCabe said no they are part time and not eligible for overtime or benefits. He said when they are sick or there is a holiday they don’t get paid. Mayor Valerie Keehn asked what happened to any remaining funds in the line. Commissioner Matthew McCabe said it is like any other line and the money is transferred to where it is needed. Ayes all. Sales Tax Commissioner Matthew McCabe said the Finance Department is on schedule in preparing the year end reports for 2005. The books just recently closed at the end of February. He said that sales tax revenue is up slightly, however, there are other revenue lines that did not meet their expected levels. He reminded everyone that there have been contractual increases and there is a large NYS retirement system payment coming up. He said there are many qualified people working for the City that also need to be addressed. City of Saratoga Springs City Council Meeting Minutes Tuesday, March 7, 2006 DEPARTMENT OF PUBLIC WORKS Principessa Elena Donation Commissioner Thomas McTygue moved and Commissioner John Franck seconded to accept the donation from the Principessa Elena in the amount of $200. This was done through serving dinner to the DPW crews during the recent power outage. Ayes all. Resolution Requesting an Extension from County to review the DEIS (06-53) Commissioner Thomas McTygue moved and Commissioner Ron Kim seconded the following resolution: A Resolution of the City Council of the City of Saratoga Springs, New York BE IT RESOLVED, by the City Council of the City of Saratoga Springs as follows; 1. The development and maintenance of a dependable and high quality water supply is one of our City’s highest priorities. Citizens of Saratoga Springs have repeatedly indicated their strong interest in water issues and their desire to review and comment on all water related proposals to the fullest extent possible. 2. Saratoga County has proposed a plan to draw water from the Hudson River. An extensive and detailed Draft Environmental Impact Statement regarding that plan has been developed and will be available for public review and comment through April 7, 2006. This Council finds that the established period for public review does not provide our citizens with sufficient time and opportunity to review a document of more than 2,000 pages of technical and other information. The Council is also concerned that the document does not contain any information relative to the funding of the proposed project. 3. This Council hereby urges officials of Saratoga County, in the interest of our citizens and the general public, to extend the public review period for said Draft Environmental Impact Statement an additional ninety (90) days. 4. A copy of this resolution shall be forwarded immediately to the Office of the County Board of Supervisors. Ayes all. Fees for Emergency Water Service Lateral Repair Previously discussed. Water & Sewer Rates and Resolution Commissioner Thomas McTygue requested that public hearing be set for March 21 at 6:40 p.m. on water & sewer rates. Part Time Employee Salary Increase Commissioner Thomas McTygue moved and Commissioner John Franck seconded to City of Saratoga Springs City Council Meeting Minutes Tuesday, March 7, 2006 add the part time employee salary increase to the agenda. Ayes: three (Commissioner John Franck, Commissioner Matthew McCabe and Commissioner Thomas McTygue); Nays: (Commissioner Ron Kim and Mayor Valerie Keehn). (Council members believed that a four-fifths majority was necessary, therefore, it was not added to the agenda.) DEPARTMENT OF PUBLIC SAFETY K-9 Donations Commissioner Ron Kim moved and Commissioner Thomas McTygue seconded to accept the $100 donation from John & Anne Lanzara, $100 donation from Rose Tait and $250 from The Ayco Company for the K-9 fund. Ayes all. Dog Ordinance (06-04) Commissioner Ron Kim moved and Commissioner Matthew McCabe seconded to approve the Dogs and Other Animals Ordinance as presented. AN ORDINANCE TO AMEND CHAPTER 101 OF THE CODE OF THE CITY OF SARATOGA SPRINGS, ENTITLED "DOGS AND OTHER ANIMALS" BE IT ORDAINED by the City Council of the City of Saratoga Springs, New York, following a public hearing, as follows: SECTION 1. Section 101-8 of Chapter 101 of the City Code, entitled “Dogs and Other Animals” is hereby amended to read: A101-8 Leash or other control required A. No person, firm, association or corporation who owns, harbors or has the custody of any dog shall cause or permit said dog to be on any public street or in any public place in the City of Saratoga Springs unless said dog is under control of a person. As used in this section, the term “control” shall mean that the person shall in fact have the ability and the means to immediately direct, regulate and influence the dog’s behavior at all times. B. In addition to and not in limitation of paragraph (A) of this section, no person, firm, association or corporation who owns, harbors or has custody of any dog shall cause or permit said dog to be on any public street or in any public place in the City of Saratoga Springs unless said dog is held by a person on a leash of sufficient strength. In the T-6 Zoning District, said leash shall not exceed 6 feet in length. The City Council may designate from time to time, by resolution, public places within the city where specific lengths of leashes shall be required.” SECTION 2. A new Article VIII of Chapter 101 is hereby enacted to read: AARTICLE VIII Animals Prohibited at Designated Public Events 101-28. Specific Public Events A. No person who owns, harbors or has custody of any animal shall City of Saratoga Springs City Council Meeting Minutes Tuesday, March 7, 2006 cause or permit said animal to be present on the grounds of any of the following specific public events held in the City of Saratoga Springs: 1. First Night 2. July 4 Family Day in Congress Park 3. Hats Off to Saratoga 4. Final Stretch Celebration 5. Victorian Street Walk B. For purposes of this Section, the grounds of each specific public event shall consist of the area covered by the approved event permit. For July 4th Family Day, the grounds shall consist of Congress Park in its entirety. 101-29. Other Public Events No person who owns, harbors or has custody of any animal shall permit said animal to be present on the grounds of any public event, other than those specified in Section 101-28, for which the Commissioner of Public Safety has, in his discretion, a prohibition on animals at such event. The Commissioner shall announce the prohibition in a manner reasonably calculated to give adequate advance notice of the prohibition, and shall specify the area or areas of the event where the prohibition will be in effect. 101-30. Service Animals Excepted Nothing in Sections 101-28 and 101-29 above shall be construed to prohibit or regulate the use of service animals. 101-31. Display and Presentation animals excepted. Nothing in Sections 101-28 and 101-29 above shall be construed to prohibit or regulate the use of any animal or animals at public events as part of a display, show, or presentation to the public.” SECTION 3. This ordinance shall take effect the day after publication as provided for in the Charter of the City of Saratoga Springs, New York. Ayes all. Overtime from February 17 Storm Commissioner Ron Kim said the overtime costs during the recent power outage cost $27,000 for the Police and Fire Departments. There were additional costs of $2,500 for fuel. 2005 Annual Report Commissioner Ron Kim submitted to the Council the DPS 2005 Annual Report. A copy had been filed in the Accounts Department. SUPERVISORS Cheryl Keyrouze General Update: Cheryl Keyrouze said she has asked for a meeting with Assemblyman Riley and City of Saratoga Springs City Council Meeting Minutes Tuesday, March 7, 2006 she will meet with Senator Bruno on March 9. There has been some discussion on a resolution for a joint State/County Task Force on Early Intervention programs. She has also been discussing the cost of the power outage with Joe Dalton and Dawn Oesch BOCES Tour: On March 3 she joined Dr. John Stutiff of BOCES for a tour. County Water Presentations: The County recently completed the DEIS and it is on the County’s website at some public libraries. Comments on the DEIS should be sent to the County before April 7. She will make a power point presentation at the Ballston Spa library on April 8, the Burnt Hills library on March 17, the Clifton Park library on March 23 and the Saratoga Springs library on March 27. The County recently passed a resolution on financing the water project. In that resolution it stated that the project was desirable and in the publics’ interest. The best interest of the public is the key question. She noted that if the County uses the funds received form the state and the project does not go through, the County is obligated to pay back those funds at 9 percent interest. Joanne Yepsen County Water DEIS: Joanne Yepsen said comments on the DEIS must be to the County by April 7. She said it was important for the public to review and comment on the DEIS. Senior Grant Writing Program: Joanne Yepsen said she was developing a matchmaking program for seniors who could be trained as grant writers and they could assist local not-for-profits in grant writing. PUBLIC COMMENT PERIOD Kyle York, 59 Railroad Place, said the DEIS is a serious matter. The DEIS addresses only the construction of a water treatment plant and placing the pipe in the ground. It does not address anyone or any entity connecting to the water line. He said it is nothing more than a buried pipe according to the DEIS. This project will generate air pollution, traffic, etc. and those issues have not been addressed in the DEIS. He said it was close to criminal omission of serious elements of this project. There are pcb and mercury issues that the County needs to follow up on. The DEIS states that the Nimo site is 2,200 feet downstream from the intake and it was designed to minimize potential harmful effects. Mayor Valerie Keehn suggested that these comments be submitted to the Council in writing. Kyle York said that the County has offered conflicting information on the location of the intake from the Nimo site in that sometimes it says the intake will be 5,000 feet away, 2,000 feet, 2,500, and in some cases 7 or 8 miles. He said there should be a map included in the DEIS. He said the DEIS only addresses mercury in reference to air pressure, they did not reference it in connection with the fish. Raymond Taylor, Brunswick Avenue, Troy, said adult use business has changed over the years. Some college students are exotic dancers to pay their way through college. He said though that these dancers do not make minimum wage. He said adult businesses are regulated by local municipalities and they should be regulated by the state. The employees at these establishments need to have better protection from employers for abuse and harassment. He said the cities in this state tend to push these uses to the more rural areas and they are not equipped to address the serious issues from these establishments. Wilma Koss, 160 Kaydeross Park Road, said if an individual drank two gallons of water from the Hudson every day for 30 years, that person would not absorb as much mercury as in contained in one fish from the Hudson River. City of Saratoga Springs City Council Meeting Minutes Tuesday, March 7, 2006 ADJOURNMENT Commissioner Ron Kim moved and Commissioner Matthew McCabe seconded to adjourn the meeting at 10:00 p.m. Ayes all. There being no further business, Mayor Valerie Keehn adjourned the meeting at 10:00 p.m. Respectfully submitted, Kathy Moran Clerk Approved: