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City Council

Regular Meeting

Saratoga Springs, NY · April 11, 2006

AgendaMinutes

Minutes

CITY OF SARATOGA SPRINGS CITY COUNCIL MEETING CITY COUNCIL ROOM TUESDAY, APRIL 11, 2006 5:30 P.M. PRESENT: Valerie Keehn, Mayor Commissioner John Franck, Accounts Commissioner Ron Kim, DPS Commissioner Matthew McCabe, Finance Commissioner Thomas McTygue, DPW SUPERVISORS: Cheryl Keyrouse Joanne Yepsen 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 5:30 p.m. EXECUTIVE SESSION Council members adjourned to executive session at 5:30 p.m. to discuss police litigation and insurance. Council members returned at 6:07 p.m. and reported that no action was taken. PUBLIC HEARING Gridley Street - One Way Mayor Valerie Keehn said that this is a public hearing on Gridley Street – one way, requested by Commissioner Thomas McTygue. The proposal is for Gridley Street to be designated one way from Nelson Avenue to Adams Street for 90 days (July 25, 2006, to September 5, 2006). Commissioner Ron Kim made the designation in accordance with the Planning Board’s approval. She then opened the public hearing. Commissioner Thomas McTygue said he was concerned with having thoroughbred horses in the street. There was no need to make this a one way street just to accommodate the horses. This could be a major liability for the City to allow the continued development of these horse barns and the horses traveling on the streets. It’s only a matter of time before a horse gets spooked and there is an accident with a car. He said that he could not believe that the City’s insurance would cover such an accident. The City needs to have its playgrounds inspected annually for liability concerns and allowing horses in the street with cars was a liability. Some residents do not have a problem with this, however, it was a concern. He said the Jefferson Street Neighborhood Association apparently had a meeting where they supported this concept. 1 City of Saratoga Springs City Council Meeting Minutes Tuesday, April 11, 2006 He asked who attended the meeting and how many were there. He wondered if the adjacent neighbors were contacted and why was the City not asked to attend. Mayor Valerie Keehn opened the public hearing. Bruce Barter, 142 Jackson Street, said it is a problem having the horses on the street. There are already enough barns in this area. This was a quiet neighborhood. Many of the horses now stay until October or November. Adding this barn will add another 100 to 150 horses. Sandra Hutton, Gridley Street, said she liked the idea of a one way street. The cars travel too fast now and this will slow them down. The police only patrol the area on a rare occasion. This is a horse district and the proposal was appropriate. Marcy Taylor, 49 Doten Avenue, read a letter from Betty French, 41 Doten Avenue. In that letter Betty French said she disapproved of the proposal. There are too many horses in this area and it is dangerous. There is no good reason for another large stable. This will increase the horse population. It will increase the risk for accidents and law suits. There should be a pathway for the horses. Marcy Taylor, 49 Doten Avenue, said that this is a dangerous area in the mornings with horses and cars and she believed the one way designation would help. Phil Diamond, 29 Waterview Drive, said this is a very densely populated area and it does not need another stable. If it is poorly managed it will just be a liability for the City. Horse barns should be constructed near his housing development. Matthew Jones, attorney representing Jim Marshall, said that this was a successful application in obtaining a special use permit. The horse barn is not the subject of this public hearing, however the one way street is. He read into the record a letter from Kristine Healy, Jefferson Street Neighborhood Association, in support of this project. He said the Planning Board asked the applicant to find a solution to this matter, however, it was not possible. They contacted the Saratoga Raceway with a request to use a path inside their fence and they were denied. They also considered purchasing a piece of land from the Raceway for a path and that was denied. They considered shifting Gridley Street to the north, closer to the property lines, but that idea was rejected. He said the Planning Board believed the one way street was the best solution. He said whether this barn was constructed or not, there were still going to be horses on the street. The proposed use is a permitted use in this district. They have been to the Planning Board for their special use permit and site plan review. The Council has looked at this area on several occasions and has concluded in both instances that the horse related use was an appropriate use in this area. Commissioner Ron Kim said he appreciated the comments and hoped that everyone would come back to him after the racing season so they could discuss how this plan worked. He said the Planning Board reviewed this project for many months and he has a lot of faith in the City’s development Boards. He has reviewed the matter and believes that the one way designation was appropriate. He also noted that Section 1620 of the V&T law designates horses as vehicles. Horses were going to be in the street regardless of whether the street is designated one way. He believed this was the best solution. Because of this project, there are plans to clean the 2 City of Saratoga Springs City Council Meeting Minutes Tuesday, April 11, 2006 manure and enforce the regulations. At the end of the track season he would like to discuss this matter with the neighbors to see how it worked. Commissioner Thomas McTygue said that there should have been a public hearing called on this matter. The person building the barn is building it for commercial use. If the Planning Board had all of the information, they would have voted differently. He asked who was going to enforce these new regulations. It would not likely be code enforcement because they are already too busy during August. It was a liability for the City if one of the horses got loose. There being no one else wishing to speak, Mayor Valerie Keehn closed the public hearing. Local Law #1 - Code of Ethics Mayor Valerie Keehn said this is a local law to amend the Code of the City of Saratoga Springs by deleting and repealing the current Chapter 13 and replace it with a new Chapter 13, to be entitled Code of Ethics. She thanked Director of Finance Christine Gillmett-Brown, A.C. Riley and Al Serling for serving on the Ethics Board and for drafting this document with the assistance of the Michael Englert, City Attorney. Mayor Valerie Keehn opened the public hearing on Local Law #2 of 2006 – Code of Ethics. A.C. Riley said that there had been some fine tuning of this document since it was last presented to the Council in December 2005. The purpose of this Code of Ethics is to serve as a guide for the employees of the City on what constitutes their ethical behavior and the recourse on their actions. She said both employees and the public have the right to be treated in an ethical manner. Some of the latest revisions included clarification on definitions, expanding the list of those who must file disclosures and increasing the members on the Board from three to five. She said all must comply with the Code of Ethics, however, there is a short list of those who must disclose information on property and business within the City. She said that the members on the Board will have staggered terms. She also noted there were provisions for political balance on the Board. She explained that questions/complaints to the Board must be in writing and signed and the Board’s responses will be documented. She said one question they wrestled with was whether the City Center Authority and the Housing Authority should be included in this Code. She said after research by the City Attorney, it was determined that they should have their own codes, which they have agreed to do. Their code will mirror the City’s code. Chris Mathiesen, ZBA member, said this is a good document and will be a big help to the Boards. He encouraged the Council to adopt the Code of Ethics. He also noted that it might be time for the Council to revisit the idea of alternates for the Boards. There being no one else wishing to speak, Mayor Valerie Keehn closed the public hearing. Local Law #2 - Adult Use Moratorium Mayor Valerie Keehn said this is a public hearing on a proposed zoning text amendment for an eight-month moratorium on adult uses in the City. Both the City and County Planning Boards have issued favorable advisory opinions and she read those letters. She then opened the public hearing on Local Law #3 of 2006 – Adult Use Moratorium. 3 City of Saratoga Springs City Council Meeting Minutes Tuesday, April 11, 2006 There being no one wishing to speak, Mayor Valerie Keehn closed the public hearing. PUBLIC COMMENT PERIOD Mayor Valerie Keehn opened the public comment period. Jennifer Leidig, 11 Pearl Street, Save the Ballet, said that organization lobbied hard to have two residents of the City on the SPAC Board of Directors. It would provide an additional “check and balance” for SPAC and the City. SPAC is on the road to recovery, but the process still needs to be changed. There should be two Mayoral appointments to that Board. She said if the residents of this community had not rallied behind this matter last year, it would be a good possibility that the ballet would not be at SPAC this year. SPAC relies on the City for police, fire, infrastructure and countless other amenities and the City should have representatives on this Board. She commended Mayor Valerie Keehn for placing this item on her agenda. Louise Goldstein, 64 North Street, co-founder of Save the Parks Society, said Saratoga Springs has a strong presence in the park and at SPAC. Both the park and SPAC need to persevere. The City needs appointments to the SPAC Board and the Mayor should be allowed to make those appointments. Dave Bronner, 5 Royal Henley Court, said he was concerned with the viability of Loughberry Lake. He said there has been recent statements by DPW that Loughberry Lake is not doing well. All of the reports that he could find stated that the lake was doing well. The City was initially looking for a supplemental water source and now wondered whether the City was looking for a supplemental source or a primary source. That needs to be clear for the residents. The City also does not need to own all of the land around Loughberry Lake. It should remain on the tax rolls. Dave Bronner said the Council should not support the Inclusionary Zoning Ordinance. There is no problem with housing in the City. There is no shortage of affordable housing. He recommended that the Council not send this to the Planning Board. Kaylie Morris, 7 King Arthur Court, said she is the local youth advocate for the Diabetes Association. There would be a bike ride soon as a fundraiser for the Diabetes Association and she encouraged everyone to participate by sponsoring, hanging a poster or riding. Peter Tulin, 40 Sarazen Street, said he was glad to see that the Mayor was seeking appointments to the SPAC Board of Directors. SPAC has had some difficult times. These appointments would certainly foster a better relationship between the City and SPAC. He commended Save the Ballet for raising the awareness of this issues at SPAC. He said while Bill Dake is on the SPAC Board and that is good for the City, they should still welcome Mayoral appointments. Joanne Winchell, 47 Cliffside Drive, said that Mayoral appointments to the SPAC Board were long overdue. Rona Koretsky agreed that Saratoga Springs needs representation on the SPAC Board. She said the SPAC season is the cornerstone of her summer. She could not imagine a community with SPAC. It is time for the Board to be more diversified and the Board needs more participation from the citizens of this community. It was good to see the community pull together last year 4 City of Saratoga Springs City Council Meeting Minutes Tuesday, April 11, 2006 to save the ballet. She also informed Council members that both the ballet and orchestra members were extremely grateful to this community for their support. Jacki Bokus said she supported the Inclusionary Zoning Ordinance concept. There have been comments about the “undesirables” living next door to those who can afford to spend $500,000 on a condo and she took offense to that comment. Dennis Brunelle, EOC, said that technically he would be classified as one of the “undesirables”. He cannot afford to purchase a $400,000 home. The decision that the Council makes tonight will be a profound decision. It will say much about the values of this Council and the residents. If this is not forwarded to the Planning Board, it will in effect exclude families from living in the City. The implication of not sending it forward is exclusionary. He disagreed with David Bronner’s statement that there is no need for affordable housing and said that David Bronner should provide that back up data. He said the Community Development Office has data available on how many units are “affordable”. He encouraged the Council to move this forward. Beau Kilmer, 42 Nelson Avenue, said the Indoor Recreational Facility committee is moving along. They have met and reviewed the material. He said he hoped that a design building contract would be completed soon and construction in the fall. Rick McGinn, Vista Drive, said affordable housing was a laudable cause, however, government should not be involved. The City should not get involved in the market based system. This will have an impact on the City’s taxes, litigation, etc. The Council should not vote until they are completely informed on what the costs will be for the taxpayers. Mayor Valerie Keehn said the Council would be voting to simply send this to Planning Board for an advisory opinion. Public hearings will then be set. Rick McGinn said this was rushed through the committee before the true costs could be calculated. Sonny Bonacio, 22 Greenfield Avenue, IZOD committee member, said his job on this committee was to review financial feasibility. He said the committee received the final document eight hours before their final meeting. Their projections are for 30 transactions per year for a part time person. He said that on average, his full time real estate agents do 11 transactions per year. Therefore, he did not believe that that there were accurate costs included for the part time City individual. He said that there should be some thought given to hiring a realtor, however, that would drive up the cost of these homes. He said it appears that there could be an additional $11,800 added to each unit to make this program feasible. There needs to be more thought and discussion on the financial feasibility of this project. The fees may need to be reduced. Again, the committee did not have time to review the project. He asked what the impact might be to the sales tax. The larger issue was that those people who may fit the profile for affordable housing in the end will not be able to pay the taxes or the association fees to maintain the home. He said the numbers need to work. He also noted that the administrative costs were calculated for only one year. He said the City may need more staff once turn over of the homes begins. He noted that some communities have these types of programs, however, they are funded by the state. Once this program is started the City will be stuck with it forever. Bill McTygue, Director of Public Works, said it was important to correct misinformation on Loughberry Lake as a potable water supply. He said the City is slowing losing Loughberry Lake. It is documented in the 1988 Sutherland report. He then displayed a map of the City showing 5 City of Saratoga Springs City Council Meeting Minutes Tuesday, April 11, 2006 how small Loughberry Lake is. Loughberry Lake is suffering from urbanization. He said that DPW will come before the Council in the near future with information updating the Council on where the City is in respect to the water initiative. In the meantime, anyone who has any questions, should contact him. Commissioner Thomas McTygue said that Loughberry Lake has been managed well and it may last another 20 years, however, Saratoga Lake may end up being the primary water source. There is more than 260 mpgd that goes down Fish Creek to the Hudson River every day. Lougherry Lake holds 258 mg. Mike Okby, 79 Fifth Avenue, said he moved to the City 33 years ago. He purchased a home here because this is where he could afford to buy one. His friends lived in Loudonville or Niskayuna but he could not afford to do so. Inclusionary Zoning is dividing this community. Subsidies do not work. He said that the steel, cement, clothes and farming subsidies worked so well that they moved jobs right out of this country. He said providing subsidies to these people for affordable housing only provides a false sense of security. He said we are telling them that they don’t necessarily need to afford to live here, but they could have a home anyway. He reminded everyone that former Mayor Ellsworth Jones had a committee set up to study much of the same material. This country is built on capitalism and free market. The Council has made bad decisions in the past on the exit 14 matter and Home Depot. Mayor Valerie Keehn questioned what he mean by that statement. Mike Okby said that were many heated discussions on whether the college should be allowed at exit 14. The role of the Council is to build consensus. Commissioner Ron Kim said he believed that some of these discussions were a bit premature. He said he wanted to hear all of the comments though. Commissioner Thomas McTygue said he did not believe that he wanted time to review the matter before it goes to the Board. Mike Okby agreed. Matt Gabryshak, local builder, said he was concerned with some of the definitions on base density bonuses, market rate and Inclusionary units. He said the 20 percent density bonus was a false sense of affordability. The ordinance needs to be clear on what is market rate and what is incremental. It cannot be left to good faith. Emotions are too high. Developers will simply make the decision on whether it is financially feasible to construct in the City or move their projects elsewhere. It will also increase the cost of lots in the City and the cost of homes. There being no one else wishing to speak, Mayor Valerie Keehn closed the public comment period. FINANCE DEPARTMENT 2005 Audit Commissioner Matthew McCabe said the 2005 Annual Audit had been filed on April 4 and it was distributed to Council members. He reminded everyone that the City’s books did not close until February 28 which was just six weeks ago. This report is one full month ahead of schedule. He said Christine Gillmett-Brown did a fine job on balancing the books. 6 City of Saratoga Springs City Council Meeting Minutes Tuesday, April 11, 2006 Christine Gillmett-Brown, Director of Finance, reviewed the preliminary financial report. She explained that the City had a fund balance of $4,438,071 as of December 31, 2005, however, there was $6,620,000 in total reserves leaving a negative unreserved/unappropriated fund balance of $2,181,929. She said the $6,620,000 is reserved for encumbrances, capital reserves, special reserves as designated by the Council and retirement reserves. Those reserves total $6,620,000. She said the burden to the Council now was to develop a plan to rebuild the fund balance. It is generally recommended that the fund balance be between 5 and 10 percent. She then reviewed the narrative of the report explaining how the City got to this financial point. She explained that the City finished 2005 with an operating deficit of $465,000 which was better than anticipated. The $2.5 million NYS retirement payment was moved from December to February, which is part of the reason the numbers look they way they do. There were reserves set aside to make that payment. There was $.5 million from the County, $200,000 for the parking deck, higher sales and mortgage taxes and increased state aid revenue. She noted that the OTB revenues continue to decline and will likely continue to do so. She noted that parking ticket revenues also continue to decline. Personal services cost to the City increased by $1.1 million partly due to contractual increase, overtime, sick leave payments to retirees and new positions. She pointed out to Council members that employee benefits equal 81 percent of the budget noting that in 2004 it was 79 percent. Therefore, there is not a lot of discretionary spending. She said the water and sewer funds also have a negative unreserved, unappropriated fund balance. Commissioner Ron Kim asked if between 5 and 10 percent was the goal for contingency, why not just achieve that through the next budgeting process. Commissioner Matthew McCabe said that would be ideal. Christine Gillmett-Brown said that perhaps it be done incrementally. She said it could be a tax burden to the citizens when balancing against other special needs. She noted that there have been some improvements in the budget and she was encouraged by the smaller operating deficit. Mayor Valerie Keehn asked about the NYS retirement payment. Christine Gillmett-Brown said that payment was made and there are no remaining funds in that line. Commissioner Matthew McCabe said holding expenses down had been done. Reserves and appropriations have increased. The City has somewhat of a respite this year. It is critical to strengthen the fund balance. He thanked Christine Gillmett-Brown for all of her hard work and dedication to the job. ACCOUNTS DEPARTMENT Trident/Argonaut (06-71) Commissioner John Franck said he was pleased to present the City's 2006-2007 Insurance Renewal. This year's renewal will allow the City to realize a $214,986 calendar year savings. The renewal results from the proactive professional risk and safety management program the City has invested in since Marilyn Rivers came on board in 2003. The City's Risk and Safety program is coming into its own in establishing a 'best practices' approach to the management of risk. Additionally, the positive financial impact of this year's renewal speaks to the successful multidisciplinary approach Safety Committee brought to making the City safer for its employees, its properties and the community it serves. 7 City of Saratoga Springs City Council Meeting Minutes Tuesday, April 11, 2006 Harry Buccifero said the City’s insurance has increased from $550,000 to $770,000 in recent years. He said though that the City made a commitment through a Safe City Policy and its Safety Committee. The Safety Committee has done a good job and the claims have been reduced. He said though that NYMIR was looking to increase the City’s insurance costs and the City believed it was time to reduce the cost. Therefore, the City worked with NYMIR to have the costs reduced while at the same time seeking three insurance proposals. The City was able to obtain a quote from Trident/Argonaut for a significant savings to the City. Ken Gray, Trident/Argonaut, thanked the Council for having the confidence in his firm. He commended the City for having a Safety Committee and a focused risk management program. Marilyn Rivers said the insurance coverage with Trident/Argonaut will run from May 1, 2006 to May 1, 2007. There are enhancements in coverage, reduction in deductibles and expansion of coverage. Trident/Argonaut has a high rating in the insurance industry. Therefore, Commissioner John Franck moved and Commissioner Thomas McTygue seconded to not renew the property casualty insurance coverage with NYMIR and to accept the proposal from Trident/Argonaut as the City’s property casualty insurance carrier for the period May 1, 2006 to May 1, 2007. The annual cost associated with this insurance will be approximately $606,900.36 and the funds are within the budgeted amount. Ayes all. MAYOR’S OFFICE Saratoga Environmental, Energy, and Development Committee (SEED) Mark Torpey, 151 Phila Street, SEED Committee, said this committee was formed by the Mayor to assists businesses and residents throughout the community in these types of projects. He said they are working on a variety of environmental and energy issues. There are six initiatives including: stewardship initiative (recycling, reduction in environmental footprint; b) Skidmore College internship program; c) Biodiesel project (this will assist local students in satisfying the community service hours through viable biodiesel projects), research on air quality; d) researching how City owned parcel can be used for bike paths, and other methods of moving people about; e) renewable energy (possible ownership of a wind farm); and f) green buildings (encourage builders to construct energy efficient, environmentally friendly buildings). He said this group will develop a set of guidelines for the Council’s use. Mayor Valerie Keehn noted that there were many members on this committee including students and she thanked all them for their hard work. Code of Ethics (06-72) Mayor Valerie Keehn said this is a local law to amend the Code of the City of Saratoga Springs by deleting and repealing the current Chapter 13 and replacing it with a new Chapter 13 entitled Code of Ethics. This new code is intended to establish standards of ethical conduct for officers and employees. It includes the establishment of a five person Ethics Board and the requirement to file annual disclosure statements. 8 City of Saratoga Springs City Council Meeting Minutes Tuesday, April 11, 2006 Mayor Valerie Keehn noted that there were favorable advisory opinions from both the City and County Planning Boards. Therefore, Mayor Valerie Keehn moved and Commissioner John Frank seconded to adopt the local law to enact the Code of Ethics. Commissioner Matthew McCabe asked if the members of the Ethics Board were covered by the Code of Ethics. Mayor Valerie Keehn said yes. A.C. Riley said everyone is covered by the Code of Ethics, however, only those listed will be required to file a disclosure. Commissioner Matthew McCabe asked about allowances for confidential information. Michael Englert, City Attorney, said the confidential definition is any data acquired through the course of employment or public office which is protected from disclosure by law. Ayes all. City Center Authority Annual Report Mark Baker, City Center Authority, said on January 15, 2006, the governor signed a public authority accountability act, thereby requiring the City Center to ensure transparency and integrity. There are specific requirements in this legislation one of those being that an annual report must be submitted to the empowering entity which is the City Council. He presented the annual report to the Council. He pointed out that the Commissioner of Finance is the agent for receiving and disbursing their funds. He said he would be willing to meet with any Council member having questions. He also noted that their budget is adopted at the same time the City adopts its own budget. He said they will follow the dictates of the accountability act including such items as personnel governance and code of ethics. He will present this report annually. IZOD – Accept for Study and Refer to the Planning Board Mayor Valerie Keehn said the draft Inclusionary Zoning Ordinance was distributed to Council members. This is a bipartisan effort started last February when Mayor Michael Lenz appointed the committee. She reviewed comments made by Council members on this matter when the committee was first announced. She said though that she was distressed to find a website that clearly wants to spread a lot of misinformation and prejudice the work done. The website uses phrases like entitlement based, social engineering and increased taxation. There are comments also that “those people don’t deserve to live here”. Those people are most often the children of long time residents and our parents. Mayor Valerie Keen said she does not make a six figure salary. She said that she was proud of the ordinance and what it could do for the community. Monte Franke, Chair of the IZOD Committee, said that there is a concern that the citizens of this community are reacting to rumor and misinformation. The committee made a decision to get the draft document out to the public so the rumors and misinformation could be stopped. He said the process was rushed a little at the end, however, there were more than 30 meetings over 14 months to get to this point. He said it was a very diverse committee. Their charge on this committee was to work through the issues, find a common ground and deliver a draft ordinance. This is a good draft and a good starting point. They were instructed by Mayor Lenz that they did not need to have a vote before delivering the draft document to the Council but rather come to consensus. He said it is the Council’s job to vote. This is just an advisory committee. He said now the discussions on this ordinance can begin in a broader context. 9 City of Saratoga Springs City Council Meeting Minutes Tuesday, April 11, 2006 Monte Franke said this idea has been around for five or six years. There have been many meetings and discussions. The idea of incremental units will bring the price down without additional land costs. This is not subsidized housing. This is about bringing affordable housing to the community. He explained that the requirements of this ordnance can be waived by the Planning Board. This ordinance is city wide not just for a particular area so there will be no large concentration of this type housing in any one location. The facades of the units must look the same as the other units within the project. He said because there are no public dollars being expended on these projects, the units could be set aside for residents of this community. Therefore, priority can be given to local residents or those who work in the City. Then it could be offered to people living or working in the County. He explained that there are more than 200 communities nationwide that have this type of program. The committee has reviewed their material and has learned from it. He agreed that the administrative analysis came late in the process and that there needs to be more review. He did not believe that the City should be the administrator of the sales. The City needs to find a way to make this affordable. He also said that the ordinance is designed to be flexible. He said there were “circuit breakers” included in the ordinance. Changes can be made to the ordinance, waiving requirements, suspending requirements if there is not enough demand, releasing units if there are no buyers and use the excess proceeds towards administrative costs. There will be annual reports to the Council and the program will be continually evaluated. He said with all of these “circuit breakers” there was enough oversight by the Council. Monte Franke said that they have not all agreed on everything but this is a balanced, market based approach to this issue. He believed that this program can work in the City. It was now time to debate the matter and work out the details. He encouraged the Council to accept the ordinance for study and refer it to the Planning Board. Mayor Valerie Keehn asked if the committee was still willing to work out the details. Monte Franck said they do not have any more meetings scheduled, however, they could be set up. Commissioner Ron Kim asked how long it might take to work out the concerns expressed by Sonny Bonacio and Matt Gabryshak. Monte Franck said probably a few more meetings. Commissioner John Franck said he had asked that this item be pulled to allow more time to review the administrative analysis. He said he was not convinced that a workshop on this matter should be held without the details of the costs being worked out. He agreed that having a one year administrative cost out was not sufficient. It is important to know the dollar amounts. He said that initially the estimates were between $3 and $10 and now that has risen to $3 and $13. He was concerned with the assessed values. He asked that consideration be given to tabling this item for further details. Mayor Valerie Keehn said that there would be a workshop set up to review the details and at the same time the Planning Board could be reviewing the ordinance. Commissioner John Franck said that a couple of weeks should not make a big difference but would give the Council more time to review the numbers. Commissioner Thomas McTygue said the Council has tabled less important issues and there was no reason to not table this matter tonight. Council members need more time to review the material. He said a workshop was necessary. There have already been a lot of good comments and good presentations this evening, but more information is needed. Monte Frank said he 10 City of Saratoga Springs City Council Meeting Minutes Tuesday, April 11, 2006 would be willing to meet with any Council member on this matter. He believed that a parallel process with the Planning Board and the Council reviewing the documents together might work. He said the Council appeared to want more information on the administrative analysis while the Planning Board would be looking more closely at the ordinance. Commissioner Ron Kim said he did not mind setting up a workshop, however, he wanted to see a definite schedule. He said it would be good to hear the facts. The people on this committee have the best interests of the community in mind. He said he would encourage the public to attend the workshops so they can better understand the ordinance. Commissioner John Franck said there has been a lot of misinformation and now much of it comes down to the costs. Mayor Valerie Keehn said she would like the Council to review the documents at the same time that the Planning Board is reviewing. Commissioner Matthew McCabe said he was somewhat concerned with tabling the matter and then coming back in six weeks with no answers. He said if it goes to the Planning Board, there is a 30 day time period for them to review the material. Geoff Bornemann said the 30 day time period could be waived by the Council. Commissioner Matthew McCabe said he was prepared to accept the proposal for study and forward it to the Planning Board, but he agreed with Commissioner Ron Kim that a time table needs to be established. Sonny Bonacio said the committee has had many meetings on this matter, so many that they have lost track of the changes. He said he was concerned that with multiple boards reviewing the document that it will become confusing. He said the Council needs to start with the administrative analysis. If that is not established, the boards will be going in multiple directions. Mayor Valerie Keehn moved and Commissioner Ron Kim seconded to accept the ordinance for study and to refer it to the Planning Board for an advisory opinion, the 30 day review period will be waived and a public workshop will be set for May 2 at 5:00 p.m. Ayes: three (Mayor Valerie Keehn, Commissioner Matthew McCabe and Commissioner Ron Kim); Nays: two (Commissioners Thomas McTygue and John Franck. Motion carried. CDBG Entitlement Activities (06-73) Mayor Valerie Keehn said that following two public hearings and four committee meetings, the Community Development Citizens Advisory Committee presented its recommendations for the 2006 CDBG Entitlement funding to the City Council on March 7, 2006. The 30 day public comment period followed and the Council held another public hearing on March 21. Therefore, Mayor Valerie Keehn moved and Commissioner John Franck seconded to approve the 2006 CDBG Entitlement Action Plan and activity funding as recommended by the Community Development Citizens Advisory Committee. Ayes all. 11 City of Saratoga Springs City Council Meeting Minutes Tuesday, April 11, 2006 Quarterly Development Board Meetings Mayor Valerie Keehn announced the second quarterly meeting of the development boards will be on Tuesday, April 25 at 7:00 p.m. in the Music Hall at City Hall. Open Space Workshop Mayor Valerie Keehn announced that the City will hold an Open Space Workshop on Thursday, April 27 at 7:00 p.m. at the Saratoga Springs Public Library. The City and Saratoga Plan will co- host the event. Behan Planning will lead the workshop. The workshop will give people the chance to find out what the City has been doing to preserve open space. At this workshop they will discuss how the money has been spent and the status of the projects. They will also invite the public to make their suggestions or ideas and visions for how the remaining funds should be allocated. She encouraged all to attend. SPAC Board of Directors Mayor Valerie Keehn said she had written a letter to Marcia White and the entire SPAC Board of directors requesting that there be two mayoral appointments to the SPAC Board of Directors. She said having City representation would help preserve SPAC and because the City and SPAC have a mutually beneficial relationship that it just makes sense. She said if SPAC agrees, she would bring two names to the Council for approval. She asked for the support of the Council and the public on this matter. She encouraged Council members to write letters to SPAC as well. Saratoga Environmental, Energy, and Development Committee (SEED) Previously discussed. City Center Authority Annual Report Previously discussed. Inclusionary Zoning Ordinance – Accept and Refer to the Planning Board Previously discussed. Inclusionary Zoning Ordinance - Set Public Hearing Previously discussed Local Law #1 of 2006 Code of Ethics Previously discussed. Code of Ethics Board Members Mayor Valerie Keehn withdrew this item from discussion 12 City of Saratoga Springs City Council Meeting Minutes Tuesday, April 11, 2006 American Ramp Company Change Order Linda Terricola, Recreation Department, said this is simply a change order for this project. Mayor Valerie Keehn moved and Commissioner Matthew McCabe seconded to approve the change order in the amount of $5,843.82 bringing the project total to $40,965.55. The funding is within the capital budget. Ayes all. Recreation Department - Donation of Use of City Center Mayor Valerie Keehn moved and Commissioner Thomas McTygue seconded the following resolution: RESOLUTION City Council of the City of Saratoga Springs WHEREAS, the City of Saratoga Springs Recreation Commission seeks to host its 2006 banquet honoring Saratoga area athletes, teams and coaches at the Saratoga Springs City Center, and WHEREAS, the Saratoga Springs City Center has indicated its willingness to donate the use of the facility for the athletics banquet rent free, but subject to standard contract costs as set forth on the attached Event Services Cost Sheet, and WHEREAS, all costs for the event will be paid for by donations to the Recreation Commission, NOW, THEREFORE, BE IT RESOLVED, that City Council of the City of Saratoga Springs does hereby request that the Saratoga Springs City Center Authority donate the desired space for the 2006 Recreation Commission Athletics Honoree Banquet, and BE IT FURTHER RESOLVED, that upon the Authority’s consent for the donation, an appropriate City Center Contract be prepared for signature by the Mayor. Ayes all. Recreation Department - DOH Annual Renewal Application Mayor Valerie Keehn moved and Commissioner Matthew McCabe seconded to authorize the Mayor to sign the annual New York State Department of Health renewal application for the permit to operate Camp Saradac. This is an annual certificate and there is no cost to the City. Ayes all. Gillette Creamery Contract Mayor Valerie Keehn moved and Commissioner Matthew McCabe seconded to authorize the Mayor to sign the contract with Gillette Creamery Ice Cream Vending for machines at the East Side Recreation Complex. Ayes all. Commissioner Matthew McCabe asked if these machines were also at the ice rinks. Linda Terricola said no, there is a concession stand at the rink run by the youth hockey league. 13 City of Saratoga Springs City Council Meeting Minutes Tuesday, April 11, 2006 ACCOUNTS DEPARTMENT Approval of April 4, 2006, Meeting Minutes Commissioner John Franck moved and Commissioner Matthew McCabe seconded to approve the April 4, 2006, meeting minutes. Ayes all. Commissioner Matthew McCabe said that on page 8 of 11 of the April 4 meeting minutes, it stated that the cost of the project was $6,300. That would be the City’s share. The total dollar amount of the project is $85,000 and the capital budget must be amended by that amount. Award of Bid - Tree Removal Upon the recommendation of the Department of Public Works, Commissioner John Franck moved and Commissioner Ron Kim seconded to award the bid for tree removal service to Richard Sears Trees of Glens Falls for various prices (low bidder). If Richard Sears is not available in an emergency, the second low bidder, Donovan tree Service will be used. This bid has been reviewed by the Purchasing Department and meets purchasing guidelines. Ayes all. Ethier Zoning Amendment Petition - 303 Jefferson Street Commissioner John Franck said that pursuant to the Council’s request of March 22, the Planning Board reviewed the proposed petition submitted by Stephen Ethier to change the zoning classification of a .22 acre parcel of land at 303 Jefferson Street from Urban Residential-2 to Urban Residential-4. The Planing Board reviewed the proposed map amendment at their April 4 meeting. Following that discussion, the Planning Board voted 7-0 to issue a favorable advisory opinion on the proposed zoning UR-4 map amendment. 1. The Board believes that the proposed change in density is in accord with the Comprehensive Plan designation of this area of the community. The proposed zoning amendment would allow the density on this parcel to increase from approximately 1 home (6.6 units per acre) up to 3 residential units (approximately 14.5 units per acre). The boundaries of the different land use categories on the Development Plan map in the comprehensive plan are, by design, flexible and non-precise. The Planning 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). This HDR-2 district permits a density of 10.0-15.0 units per acre. 2. 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. In addition, the Planning Board supported this rezoning because the applicant intends to merge this parcel with the adjacent project which has a commitment to have a substantial portion of the units to be affordable. The Planning Board also encourages the Council to proceed with the revisions to the City’s Comprehensive Plan so that these individual requests for zoning map amendments can be reviewed in a broader and more comprehensive context. Therefore, Commissioner John Franck set a public hearing for Tuesday, May 2 at 6:40 p.m. Local Law #2 of 2006 Adult Use Establishments Moratorium (06-74) 14 City of Saratoga Springs City Council Meeting Minutes Tuesday, April 11, 2006 Commissioner John Franck said that pursuant to the Council’s request of March 13 the Planning Board reviewed the proposed zoning text amendment for an eight-month moratorium on adult uses. The Planning Board reviewed the proposed moratorium at their April 4 meeting. On a vote of 7-0, the Planning Board issued a favorable advisory opinion on the proposed moratorium. The Board found the proposed moratorium in accord with the Comprehensive Plan and the general purposes and intent of the zoning ordinance. The Saratoga County Planning Board also reviewed and approved the proposed moratorium. Commissioner John Franck moved and Commissioner Matthew McCabe seconded to adopt Local Law #2 Adult Use Establishment eight-month moratorium. Ayes all. Tridant/Argonaut (06-75) Previously discussed. Safety Committee Resolution Commissioner John Franck moved and Mayor Valerie Keehn seconded the following resolution: RESOLUTION WHEREAS, the City Council did establish a Safety Committee with representation from all appropriate City departments to assist in the management of Risk and Safety Issues in City government; and WHEREAS, the Safety Committee has increasingly become a place where both employees and community members turn to for information and input regarding Risk and Safety issues; and WHEREAS, the Safety Committee has progressed to a point where it is appropriate for the City Council to reaffirm its membership to ensure its continued effectiveness, NOW, THEREFORE, BE IT RESOLVED, that the City Council does establish the membership of the Safety Committee to include the following: the City’s Risk and Safety Manager as Chairperson, the City’s Human Resource Administrator, the Deputy Mayor and Deputy Commissioners, the City’s Insurance Agent, the City Engineer, the Director of Public Works and representatives from the PBA, Fire Department and CSEA unions. Each such individual may designate an agent to act in his or her behalf on the Safety Committee in his or her absence. Ayes all. FINANCE DEPARTMENT Payroll Commissioner Matthew McCabe moved and Mayor Valerie Keehn seconded to approve the following payrolls: April 7, 2006 - $361,471.51. Ayes all. 15 City of Saratoga Springs City Council Meeting Minutes Tuesday, April 11, 2006 Warrants Commissioner Matthew McCabe moved and Commissioner Thomas McTygue seconded to approve the following warrants: 2006 Regular Warrant 4/11/06 2APR06 $ 385,936.13 Ayes all. Transfers - Payroll Commissioner Matthew McCabe moved and Commissioner Thomas McTygue seconded to approve the payroll transfers as presented (Attachment A). These transfers have met the transfer guidelines. Ayes all. Transfers - Regular Commissioner Matthew McCabe moved and Mayor Valerie Keehn seconded to approve the budget transfers regular as presented (Attachment B). These transfers have met the transfer guidelines. Ayes all. Budget Amendments Commissioner Matthew McCabe moved and Commissioner John Franck seconded to approve the budget amendments as presented (Attachment C). These amendments have met the amendment guidelines. Ayes all. Marketing Committee Commissioner Matthew McCabe said that on Sunday morning members of the Marketing Committee were on the streets polling residents. He said they are still taking emails from resident and he would report to the Council in the near future. 2005 Annual Financial Report Commissioner Matthew McCabe said that although this matter was previously discussed, he reminded everyone that it also included the fourth quarter report. DEPARTMENT OF PUBLIC WORKS Compost Revenues Commissioner Thomas McTygue said the City sells a lot of compost noting that it had risen from $30,702 in 2000 to $78,751 in 2005. He said that ytd the City has sold $9,242.50. The compost center opened earlier this year so he anticipated selling more. Neighboring communities are purchasing compost. He also said that the City is not able to take debris from other communities. Commissioner Ron Kim asked how long it takes for compost to come on line. Commissioner Thomas McTygue said about two years. Management Confidential Employees Resolution (06-76) 16 City of Saratoga Springs City Council Meeting Minutes Tuesday, April 11, 2006 Commissioner Thomas McTygue said that the resolution for management confidential employees was circulated to Council members. He said this resolution is for non union, full time employees. The titles include the Deputy Commissioners, Deputy Mayor, Human Resource Administrator, Secretary to Civil Service, Risk & Safety Manager and Executive Assistant to the Mayor. All would receive a 3.5 percent salary increase retroactive to January 1, 2006, except the Deputy Commissioner of Public Works, the Executive Assistant to the Mayor, the Risk & Safety Manager and the Civil Service Secretary. This resolution would also supercede all prior resolutions affecting compensation and benefits for those employees on January 1, 2007. This agreement would be effective until 2009 with annual salary increases on January 1, 2007 and January 1, 2008. Commissioner Thomas McTygue moved and Commissioner John Franck seconded the following resolution: Compensation and Benefits Agreements for non-union full time personnel It is the intent of this resolution to establish changes in compensation and fringe benefits for the following non-union, full-time employees of the City of Saratoga Springs. Employees and personnel subject to this resolution shall be the Executive Assistant to the Mayor, Secretary to the Civil Service Commission, Human Resource Administrator, Risk and Safety Manager, Deputy Commissioner of Public Works, Deputy Commissioner of Accounts, Deputy Commissioner of Finance, Deputy Commissioner of Public Safety, and the Deputy Mayor, each hereinafter referred to as “employee”. This resolution shall supercede all prior resolutions affecting compensation and benefits for said employees. NOW THEREFORE BE IT RESOLVED as follows: A. The terms of this resolution shall take place on January 1, 2007, except that the terms stated in Paragraph “B” below shall take effect immediately. B. The Deputy Commissioner of Accounts, Deputy Commissioner of Public Safety, Deputy Commissioner of Finance, Deputy Mayor and the Human Resource Administrator did not receive pay increases for the year 2006. Therefore the Deputy Commissioner of Accounts, Deputy Commissioner of Public Safety, Deputy Commissioner of Finance, Deputy Mayor and the Human Resource Administrator will receive a 3.5% increase on or before May 26, 2006. The base pay increase will be retroactive to January 1, 2006. C. Each Employee shall receive an increase in compensation each year (January 1) equal to the percentage increase of the Consumer Price Index (CPI) for the Northeast Urban Area, for the month of October in the preceding year, as published on the website for the U.S Department of Labor Bureau of Statistics ( www.bls.gov), except that any increase for any year under this paragraph shall not exceed 3.5 percent. D. The Employee shall not be entitled to overtime compensation. E. The employee’s standard workweek shall be 40 hours per week; excluding Secretary to the Civil Service Commission, and the Executive Assistant to the Mayor, which shall remain at 33 hours per week. F. The employee shall enjoy and be entitled to the following 17 City of Saratoga Springs City Council Meeting Minutes Tuesday, April 11, 2006 1. Vacation: An employee shall earn annual vacation as follows: 10 working days during their first year of service, and during each of the next four years of service; 15 working days upon completion of five (5) years of service; 20 working days upon completion of ten (10) years of service; 25 working days upon completion of fifteen (15) years of service and 30 working days upon completion of twenty (20) years of service. Vacations for the employee shall be scheduled and approved by their respective Council Member. Vacations must be taken within the (12) month period following the Anniversary date of his or her employment, or else the time shall be forfeited. If the employee retires, resign, or is not re-appointed, the employee shall be entitled to payment for only those vacation days earned and unused for the period between the employee’s last anniversary date of retirement, resignation, or other termination. If a recognized City Hall holiday falls within the vacation period, the vacation period shall be extended by the holiday falling within such periods. If an employee should die during his or her employment, all vacation time earned and unused for the period between the employee’s last anniversary date and the date of death, shall be paid in cash or as an employee’s death benefit to his/her designated beneficiary or estate. 2. Sick Leave: The Employee shall be entitled to sick leave with pay for a maximum of twelve (12) working days per year. The employee may accumulate sick leave, but may not use more than 150 days in any given 12 month period. Employee shall use sick leave in no shorter than two hour increments. If an employee is absent because of illness or disability for more than three consecutive days they may be required by their Commissioner to provide a physician’s statement of sickness or disability. Their Commissioner on an annual basis must maintain an employee’s records of sick time with a copy submitted to the Commissioner of Finance for each employee’s financial folder. Cash payments will be made for accumulated unused sick leave at termination of employment at the following rate: Cash payments will be made for accumulated sick leave remaining in the employees’ individual account upon the following basis at termination of employment or upon death of the employee while in the employ of the City shall be paid to the employee’s beneficiary or estate. The employee shall be paid twenty-five (25%) percent of accumulated sick leave up to a maximum of 200 days (cash payment of 50 days). 18 City of Saratoga Springs City Council Meeting Minutes Tuesday, April 11, 2006 3. Holidays: The Employee shall be entitled to 11 paid Holidays; New Year’s Day, Martin Luther King Day, Presidents Day, Memorial Day, Independence Day, Labor Day, Columbus Day, Veterans Day, Thanksgiving Day, Day After Thanksgiving, and Christmas Day. 4. Bereavement: The employee shall be entitled to three (3) consecutive workdays off per death in their immediate family. Immediate family shall be defined as mother, father, sister, brother, son, daughter, mother-in- law, father-in-law, sister-in-law, brother-in-law, spouse, grandparent (s), or other persons living in the household of the employees. 5. Personal Days: All employees shall be granted six (6) personal days per year. The employee who works 33 hours per week shall be granted five (5) personal days. Each personal day may be taken at either a full day, one-half day, or at a minimum of two (2) hour increments at a time. Such leave shall be requested in writing at least 24 hours in advance of the request time. The six (6) personal days (or five (5) for employees working 33 hours per week) shall be granted for the year on January 1. Provided, however, that if the employee does not complete the entire year, the pro-rated equivalent daily rate of pay shall be subtracted from any monies due the employee. Personal days not used in any calendar year shall be credited to accumulated sick leave. 6. Retirement: The employee shall be covered by the New York State Employee’s Retirement System known as 75i of the New York State Retirement Law. 7. Health: For employees hired prior to April 11, 2006, the employee shall be entitled to participate in any one of the health insurance plans offered by the City to the various bargaining units, at no cost to the employee. The City shall provide the plans to the employee, their dependents, and retired employees and their dependents at the City’s own expense. The City shall provide such medical coverage for the widow or widower of the employee or retired employee until the widow or widower’s death or remarriage, whichever occurs sooner. The minor children shall be covered until age 19 or as stipulated in the appropriate health care contract for college age dependents. For employees hired after April 11, 2006, the employee shall be entitled to participate in any one of the health insurance plans offered by the City to the various bargaining units, at a cost to the employee of 10% of the total cost of his or her health insurance plan not to exceed $750.00 per year. The City shall provide the plans to the employee, their dependents, and retired employees and their dependents at the City’s own expense. The City shall provide such medical coverage for the widow or widower of the employee or retired employee until the widow or widower’s death or 19 City of Saratoga Springs City Council Meeting Minutes Tuesday, April 11, 2006 remarriage, whichever occurs sooner. The minor children shall be covered until age 19 or as stipulated in the appropriate health care contract for college age dependents. “Retirees” shall be defined as those employees who have served the City of Saratoga Springs for at least twenty consecutive years and retire from the New York State Employee’s Retirement System Section 75i of the New York State Law. An employee may elect not to participate in a plan of medical and health insurance benefits provided under this agreement and such employee shall be eligible to receive a payment of $1,730.00 for family coverage per calendar year, $1,300.00 for two-person coverage per calendar year, or $900.00 for single coverage per calendar year. No employee shall be eligible to receive such payment unless the employee shall have provided proof to the Insurance Administrator that such employee and such employees’ eligible dependents are covered by a comparable plan of medical and health insurance benefits for the entire year that such employee elected not to be covered by the plan of medical health insurance benefits provided by the Employer. Payments shall be made on December 15 of each year during which the employee not to be covered by the plan of medical and health insurance benefits provided by the Employer and the presentation of the required proof of coverage. The parties understand that participation in a plan of medical and health insurance benefits is mandatory. An election not to be covered shall be made in the month of December of each year in writing to the Insurance Administrator pursuant to the regulations of the plan in effect together with evidence of coverage of such employee and such employees’ eligible dependents under a comparable plan of medical health insurance benefits. Such employee must promptly notify the Employer of termination of alternative medical and health insurance benefit coverage. In the event that an employee reenrolls in a health insurance program, the employee shall be permitted to a prorated portion of the $1,730.00 (for family coverage), $1,300.00 (for two-person coverage), or $900.00 (for single coverage) payment but shall not be permitted to again opt-out of the insurance program during the calendar year. The City agrees to pay 100% of the cost of the Employee Benefit fund Vision Plan Platinum 12 for all employees and their dependents. 8. All increases in compensation and benefits paid to employees under this resolution shall be drawn from the budget of the employees department, except that if said departmental budget does not contain funds sufficient to pay the employee, the Head of that Department may drawn any remaining compensation or payment due to the employee from the City’s contingency budget. 20 City of Saratoga Springs City Council Meeting Minutes Tuesday, April 11, 2006 9. Each employee shall receive longevity payments as follows: After 10 years of service $500.00 After 15 years of service $1,550.00 After 20 years of service $1,800.00 and an additional $250.00 each five (5) years thereafter. All longevity payments shall be paid upon completion of the specified amounts of service regardless of the title (s) held during the period of tenure. One or more Council Members shall submit this resolution for review by the Council at a Council meeting during the first quarter of the Year 2009. Commissioner Matthew McCabe said that he had some concerns with this resolution and the budgetary implications. He said this resolution impacts contract, health care contributions and other issues that he could not support at this time. He said the resolution presented this evening had been modified and he was still willing to discuss the matter, however, he did not agree with including the competitive positions with the appointed positions. Commissioner Thomas McTygue said the resolution had been modified and it was time to have an agreement with the nonunion, full time employees. He said this is not a substantial amount of money and the Council should vote on this matter this evening. Commissioner John Franck questioned why Commissioner Matthew McCabe would not support this resolution. He said that it had been costed out and the figures are available. Commissioner Matthew McCabe said the health care contributions which have been previously negotiated with unions differs from those contracts and he did not agree with including the competitive positions with the appointed positions. He pointed out that the Human Resource Administrator and the Risk & Safety Manager would no longer be required to contribute for health insurance. He again said that adding the competitive positions with the appointed positions did not seem logical. Commissioner Thomas McTygue said that just last week, the Council voted on the Executive Assistant to the Mayor’s position. This resolution covers the management/confidential people in the City and it is a small amount of money. Commissioner Matthew McCabe said this will now create a new group of people who do not have to pay for health insurance. Commissioner Ron Kim said that we were talking about valuable employees here in the City and their current salaries are not that big. He pointed out that positions such as the Risk & Safety Manager pay for themselves as was shown earlier this evening with the cost savings to the City’s Insurance policy. He said the Council needs the courage to show these individuals that they are needed and appreciated. He said he was willing to discuss this more, however, did not want it to go on forever. It is not a lot of money. Mayor Valerie Keehn clarified that this resolution is effective January 1, 2007, except for the 3.5 percent pay increase for the specified individuals and the resolution runs for two years. Mayor Valerie Keehn asked if there was any reason why there could not be a separate package for the competitive positions. 21 City of Saratoga Springs City Council Meeting Minutes Tuesday, April 11, 2006 Marcy Bridges said this resolution was developed as directed to include those individuals who are not covered by union contracts. There needs to be some consistency with their benefits. Marilyn Rivers stated that although she is eligible for a cost of living increase each year because her yearly increase is tied to the CSEA City Hall contract, she has had to acquire an interpretation from the City Attorney’s Office each year to obtain that raise. She said that she was seeking the same benefits that the other management/confidential people within the CSEA City Hall contract receive. Kathy Moran, CSEA City Hall Union President, clarified that there are no management/confidential positions with the CSEA City Hall contract. Ayes: four (Commissioners John Franck, Thomas McTygue, Ron Kim and Mayor Valerie Keehn); Nays: one (Commissioner Matthew McCabe). Motion carried. DEIS Comments Submitted to the County Commissioner Thomas McTygue said that comments were submitted to the County on this matter, however, it appeared to be a joke. The comment period is over and it does not appear as the County will hold a public hearing. Gridley Street - One Way Not discussed. Land and Building Inventory Summary Report Commissioner Thomas McTygue said the land and building inventory summary report had been distributed to Council members. He said that they were still working on the document, but it was about 90 percent complete. Grant for Save America’s Treasurers (06-77) Commissioner Thomas McTygue moved and Mayor Valerie Keehn seconded to add the Grant for Save America’s Treasurers to the agenda. He said the grant application needs to be filed next week. Ayes all. Commissioner Thomas McTygue said that he received a copy of a resolution today from Carrie Woerner for a grant for the Save American Treasurers for the Canfield Casino. This grant application will be made to the U.S. Department of Interior in the amount of $517,500. There is a match for this grant. Commissioner Thomas McTygue moved and Commissioner Ron Kim seconded to authorize the Mayor to sign all necessary documents in connection with applying for the $517,500 grant. There is no cost to apply and there is a match. Ayes all. DEPARTMENT OF PUBLIC SAFETY Two Hour Parking on Congress Street - Set Public Hearing 22 City of Saratoga Springs City Council Meeting Minutes Tuesday, April 11, 2006 Commissioner Ron Kim requested a public hearing be set for May 2 at 6:25 p.m. on the Congress Street south side parking. Ticket Amnesty Program Progress - Update Commissioner Ron Kim said the parking ticket amnesty program is going well. He said at the conclusion of this program he will report to the Council. Capital Construction Committee Progress Commissioner Ron Kim said the Capital Construction Committee has been looking at the needs of DPS. They have met weekly. One of the issues is that wherever DPS ends up, court administration must be near by. The court anticipates expanding its programs so they will need more space. The police department must transport prisoners to the court and having the court nearby reduces costs. Therefore, the conclusion is that they both need to be located closely together. They are now exploring the possibility of funding through the court system. They are also talking to the committee that is working on the development of the High Rock Avenue parking lot. He said that the committee will continue to meet and he hoped to update the Council again in June. SUPERVISORS Cheryl Keyrouse Update on Committee Meetings: Cheryl Keyrouse said the Citizens Advisory Committee for Safety Water System has been meeting and they delivered they comments to the County Water Committee on the DEIS. She continues her power point presentation and it is now on her web site. She said there is some concern that the County Water Committee is dismissing some of the comments received because they believed they were not relevant. Land Preservation Committee: Cheryl Keyrouse said there is funding available to communities from that committee. Geyser Road Bridge Bike Path: She said the bridge overpass on Geyser Road is in the design stage. DPW Committee: The DPW meeting was cancelled. However, she noted that Nelson Avenue from Malta Avenue to Crescent Avenue will be reconstructed. Fishing Tournament: The 20th annual children’s fishing tournament will be held on May 6 at the 4H Center in Ballston Spa. Joanne Jepson 23 City of Saratoga Springs City Council Meeting Minutes Tuesday, April 11, 2006 Economic Development Update/City Center: Joanne Jepson said they are looking for support for the City Center expansion. It appears as though there will be $12 million in funding from the state. However, the pilot program ends in 2007. She said there have been some discussions on the county funding the annual appropriation of $58,000 when the pilot ends. They are also seeking funding for a generator. Land Preservation Committee: Joanne Jepson said there is approximately $500,000 in funding available from the County for land preservation. She said there are many issues such as designing a county trail system that the county and the city could work together on. She will be meeting with Behan Associates on items such as this. Formation of Citizens Action Council: withdrew from discussion. Saratoga County Public Health 2005 Annual Report: Joanne Yepsen said the annual report will be coming out. The health related care costs for the County is a significant portion of the county budget. County Water Project: She will keep the Council updated on the County’s actions on this matter. ADJOURNMENT Mayor Valerie Keehn moved and Commissioner Ron Kim seconded to adjourn the meeting at 10:35 p.m. Ayes all. There being no further business, Mayor Valerie Keehn adjourned the meeting at 10:35 p.m. Respectfully submitted, Kathy Moran Clerk Approved: 24

Agenda

CITY COUNCIL MEETING FINAL AGENDA April 11, 2006 Executive Session: 5:30 p.m. DPS Police Litigation Insurance Policies P.H. : 6:00 p.m. Gridley Street – One Way P.H. : 6:15 p.m. Code of Ethics P.H. : 6:30 p.m. Adult Use Moratorium 7:00 P.M. CALL TO ORDER ROLL CALL SALUTE TO FLAG PUBLIC COMMENTS MAYOR’S DEPT. Mayor Keehn 1. Informational: Tuesday, April 25 Quarterly Meeting of the Development Boards 2. Informational: Thursday, April 27, Open Space Workshop 3. Informational: SPAC Board of Directors 4. Informational: The Mayor’s SEED (Saratoga Environmental, Energy, and Development) Committee 5. Informational: City Center Authority Annual Report 6. Discussion & Vote: Accept for Study and Referral to the Planning Board the Draft Inclusionary Zoning Ordinance 7. Set Public Hearing: Draft Inclusionary Zoning Ordinance 8. Discussion & Vote: 2006 CDBG Entitlement Activities 9. Discussion & Vote: Enactment of Code of Ethics 10. Discussion & Vote: Approval of Appointments of Ethics Board Members 11. Discussion & Vote: Authorization for Mayor to Sign American Ramp Company Change Order 12. Resolution: Request for Donation of and Contract for City Center Space for Recreation Department Banquet 13. Discussion & Vote: Authorization for Mayor to Sign the Annual State of New York Department of Health Renewal Application for a Permit to Operate 14. Discussion & Vote: Authorization for Mayor to Sign Contract With Gillette Creamery ACCOUNTS DEPT. Comm. Franck 1. Approval of minutes: April 4, 2006 2. Award of Bid: Tree Removal 3. Set Public Hearing: Ethier Zoning Amendment Petition – 303 Jefferson Street 4. Discussion & Vote: Local Law #3 of 2006 Adult Use Establishments 5. Discussion & Vote: Authorization for Mayor to Sign Agreement with Trident/Argonaut 6. Vote: Safety Committee Resolution __________________________________________________ ________________________________________________ FINANCE DEPT. Comm. McCabe 1. Approve Payrolls 2. Approve Warrants 3. Approve Budget Transfers –Payroll 4. Approve Budget Transfer--Regular 5. Approve Budget Amendments 6. Update: Marketing Committee 7. Report: 2005 Annual Financial Report _________________________________________________________________________________________________ PUBLIC WORKS DEPT. Comm. McTygue 1. Discussion: Compost 2. Discussion & Vote: Management Confidential Employees Resolution 3. Informational: Comments Submitted on County Water Project DEIS 4. Discussion : Gridley Street – One Way 5. Discussion: Land and Building Inventory Summary Report ________________________________________________________________________________________________ PUBLIC SAFETY DEPT. Comm. Kim 1. Set Public Hearing: Two Hour Parking on Congress Street – South Side from Congress Place towards Hamilton St 2. Update: Ticket Amnesty Program Progress 3. Update: Capital Construction Committee Progress ________________________________________________________________________________________________ SUPERVISORS Keyrouze: 1. Updates on Committee Meetings Yepsen: 1. Economic Development Update/City Center 2. Land Preservation Committee/Update 3. Formation of Citizens Action Council 4. Saratoga County Public Health 2005 Annual Report 5. Update County Water Project Adjourn: May 2, 2006

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