City Council

CITY OF SARATOGA SPRINGS CITY COUNCIL MEETING CITY COUNCIL ROOM TUESDAY, JUNE 6, 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 SUPERVISORS: Cheryl Keyrouze Joanne Yepsen (arrived 7:37 p.m.) STAFF PRESENT: Lynn Bachner, Deputy Commissioner Finance Michele Boxley, Deputy Commissioner Accounts Frank Dudla, Deputy Commissioner, DPS Eileen Finneran, 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 Council members adjourned to executive session at 6:00 p.m. to discuss legal action pertaining to water and the labor contract for the Fire Chief and the Assistant Fire Chief. Council members returned at 6:45 p.m. and reported that no action was taken. PUBLIC HEARING Private Parking During Track Season Mayor Valerie Keehn said that this is a public hearing on private parking near the flat track during the track season requested by Commissioner Ronald Kim. Commissioner Kim said that he is not going to request a vote on this tonight because he wants to listen to the residents and also make sure that the citizens understand what the Department of Public Safety is confronted with. He said that over the years residents around the track have been parking cars on their properties. This situation has resulted in cars parked on sidewalks making it difficult for pedestrians to walk anywhere but in the street. Commissioner Kim showed a digital image presentation of actual occurrences of this situation last season. He said that if there were to be an emergency it would limit the access of the responding emergency vehicles. He said that the Department of Public Safety is trying to address this issue through the process of demarcation of the Right of Way (ROW) during the track season so pedestrians know where they can safely walk. He said that DPW would mark a three feet ROW where pedestrians can walk and there will be no traffic and no vehicles allowed on this strip. He said that they do not want to wait until an accident. Page 1 of 27 City Council meeting Tuesday, June 6, 2006 He explained that the City owned ROWs could vary from three to twenty feet depending on when the road was built, how it was surveyed and set up. He said that pedestrians are going to walk where they wish but they should have the option of safe passage. Commissioner Kim said he feels strongly that a uniform statute will eliminate refereeing among various property owners in the area that argue or complain about their property line, buffer and rights; this is an attempt to be uniform, consistent and fair. He said the regulation would be applied neighborhood neutral, uniform to all, which is the only way it can be enforced and the only the law would be respected and followed. Ron Kim said that he is not looking to vote on this ordinance tonight; he will circulate it and move it to a vote at the next City Council meeting, June 20. Mayor Valerie Keehn opened the public hearing. Joe Dalton, 14 Loughberry Road said he is the President of the Saratoga Springs Chamber of Commerce and he thanked Commissioner Kim for meeting on this issue. He said that when the setback requirements are put into place, the revenue made by the Recreation Commission for their parking is lost because their spaces are going to be lost. He said that last year the Recreation Commission operated the lot on Phila Street as a paid lot but he feels that creates an image of gouging the tourists. He said the Chamber is willing to find a way to help make up the lost revenue but he discourages making any downtown lots into paid parking lots. Joe Dalton said that regarding the change of Frank Sullivan Place and Wright Street to one-way, he believes this hurts small property owners; the small lot owners are being penalized by that change. He suggested that the Saratoga Springs Police Department block Wright Street at 4:30. Commissioner Franck asked about the impacted area and the general impact on sale tax revenue, and the number of spots the City is losing. Joe Dalton said that visitors are dropping $500,000 in sales tax during the season so they should not be “nickeled and dimed”. Janette Kaddo-Marino, 35 Jackson Street said that there is an existing problem not just near the track but throughout the City where people are taking the public property of the ROWs and making them their own by installing fences, flowers, planters and similar items on the City-owned public ROW which should be used for pedestrian safety instead. She said that in the past City officials have taken only selective and inconsistent measures to solve the problem. She cited an area on Caroline Street near the school where the problem exists and forces children to walk in the road. She said hopefully the City council will address this issue as a team because it impedes the safety of vehicles and pedestrians, and is truly a Risk and Safety management issue. She asked the Council to enforce the ROW to avoid and stop current unsafe situations. Jim Morrisey said his family has been parking cars since WWII and he commends Commissioner Kim for his efforts. He asked the City Council about addressing the serious drainage issues that have plagued the area for decades. Molly Gagne, 22 Vichy Drive thanked Commissioner Kim for addressing this issue but thought that it should be addressed throughout the community because there are numerous locations where residents are paving or adding stone to the public ROWs to create private parking lots. She said in 1998 there was less than 20 personal parking lots located on the tree belt citywide but she estimates that in 2006 the number has probably tripled. She said that in May 2001 Code Enforcement notified 10 property owners of public right-of-way violations but enforcement efforts were abandoned due to lack administrative support. She said that the City Planner Geoff Bornemann, Larry Benton, retired County Planner, Lael Locke of the New York State Planning Federation and local land preservation groups recognize the importance of “streetscape” for both safety and beauty. She said that the City is responsible for the enforcement of codes regarding Page 2 of 27 City Council meeting Tuesday, June 6, 2006 pedestrian safety throughout the entire City and not just the trackside neighborhoods. Molly Gagne submitted to the City Council for the record a written copy of her report and a petition of 75 signatures of residents. Commissioner McTygue said that there is money in the DPW budget to do design work to the entire area for drainage. He said that a number of years ago they put in drywalls on Crescent Street to help alleviate some of the drainage problem, but steps are being taken and money is being budgeted accordingly. Rose Tait, Lincoln Avenue said that if Lincoln Avenue were made one-way it would enable traffic on Lincoln and on Nelson, especially with vehicles going to the Racino. She said patrons would not see her parking lot, which would lead to a loss of the revenue she uses annually to pay her taxes. She said she has run her parking lot for 35 years. Rod Sutton 74 5th Avenue said his family has been parking cars on Union Avenue since 1950 and he appreciates the concerns and time given by Commissioner Kim and Deputy Commissioner Dudla and Assistant Chief of Police, Jim Cornick. There are a lot of areas of the City that should also be examined. He said they can work with the three-foot buffer, but any solution should be customer-friendly because people are coming here and spending money. He thanked the City Council for their time. There was no one else wishing to speak. Mayor Keehn said the public hearing would be left open to the next City Council meeting. PUBLIC HEARING Capital Budget Amendment – South Broadway Paul Male, City Engineer said that the budget must be amended in the amount of $1,800,700 for capital funds to be made available for work on South Broadway in the vicinity of West Fenlon Street to the Holiday Inn, including the installation of a turn lane onto Route 50. He said that 80% of the cost would be reimbursed with federal funds and the State should reimburse about 15% of the cost, so the total cost for the City should be about $90,000. Mayor Valerie Keehn opened the public hearing. There being no one that wished to speak on the budget amendment, Mayor Keehn closed the public hearing. PUBLIC HEARING Northstar Development – 46 Union Avenue Zoning Amendment Mayor Keehn said that this is a public hearing on a petition from Norstar Development for a zoning map amendment to change the classification of a .95 acre parcel of land at 46 Union Avenue now known as the Pink Palace or Moore Hall from Institutional-Educational to Urban Residential-4 (multi-family). She noted that the City Planning board has issued a favorable advisory opinion on this proposed zoning map amendment. The applicant has provided the required proof of mailing to adjacent property owners of the notice of this public hearing. She said that at the request of the applicant, the Council would not be voting on this zoning map amendment tonight. Mayor Keehn opened the public hearing. There being no one who wished to speak on the proposed amendment, Mayor Keehn closed the public hearing. Page 3 of 27 City Council meeting Tuesday, June 6, 2006 PRESENTATIONS Diversity Day Essay Winners Mayor Valerie Keehn said that Saratoga Catholic Central School held a Diversity Day essay contest and she invited students from Spa Catholic to read their essays. Kathy Bedard, Amanda Halmarn, Nick Rourke and Kevin Guy read their entries to the audience. Mayor Keehn thanked the students for reading their essays and congratulated teacher Barbara Sojokowski who encouraged her students to participate in the event. PBA Essay Contest Winners Commissioner Kim introduced Police Chief Edward Moore for the purpose of announcing the winners of the PBA essay contest and presenting the winners with their award. Each winner receives a $100 savings bond. Chief Moore said that the PBA and the City sponsor this contest annually and each year the assigned topics are different. He said that there are three awards presented one for each age group and each group is a separate category. This year’s winners are Mary Elizabeth Morris, Grade 6 from Maple Avenue Middle School, Francesca Rourke, grade 7 from Spa Catholic Central School and Sarah Krueger, grade 11 from Saratoga Springs High School. Chief Moore said that the essays are posted on the Police Department’s Website at www.saratogapolice.org. Crossing Guards Commissioner Kim said that each year a dedicated group of individuals work with the schools and the City to ensure that the children are safe during the school year. He said that in recognition of the Crossing Guards, many school children sent cards and drew pictures and the Department of Public Safety issued a certificate of appreciation for each Crossing Guard. He presented certificates to the following Crossing Guards: Jennifer Cocco, Linda Cocco, Susan Dockrell, Bridget Kolokoski, Kathy Kelly, Eithne Lerman, Donna Marcason, Stephen McCarthy, Christine Miglucci, Susan Morehouse, Natalie Older, Carrie Ortiz, Donna Schneider, Corinne Scirocco, Janis Starteri, Bob Stiles, Marco Valentin, and Chris Wildy. Commissioner Kim thanked the Crossing Guards for their hard work. PUBLIC COMMENT PERIOD Mayor Keehn opened the public comment period. David Bronner, 5 Royal Henley Court said that at the last meeting it was stated that if someone attends the County Supervisor’s meeting, they couldn’t address the Board. He said that Wilma Koss addressed the Board. He said that he called the DPW office about digging that was occurring on Arrowhead Road to ensure that where the digging was taking place was not an archeologically sensitive area. He said that last Friday he was downtown the weekend the parking lot collapsed and he wants to know who has the responsibility to inspect this lot and why part was left open. He suggested that the Council examine the method of Public Safety inspections and take action in the interest of public safety. John Krause, 227 Grand Avenue spoke on behalf of Saratoga Citizens for affordable taxes. He urged the Council not to rest but to feed the economic engine to keep the momentum going. He asked about the high Rock parking proposal and said that it seems to have stalled. He said they Page 4 of 27 City Council meeting Tuesday, June 6, 2006 must work with the Department of Public Safety to solve problems. He said that the VLT revenues are looking good and the savings from the attorneys’ fees is a good thing. He said that there needs to be money added to the total savings. He asked if it had been determined whether there is a surplus for 2005, because it is important to know what that amount is to ensure that all obligations to union contracts can be met. He said he would like to see the 2007 tax rate at $3.07 per thousand. He asked for answers to his questions. Commissioner McCabe said that the numbers are from the state and are based on facts. John Krause said that there must be openness and transparency in Government and the Council is doing a great job so far. He urged them to keep up the momentum. Charlie Morrison, 88 Court Street said that there is a little money left from the bond act which was started from 10 years of open space planning. He said that the bond act was passed in July of 2001 and they expected the money to grow with grants, donations but it has not happened. He said that Local Law 5 of 2001 involved improvements in land but this was not defined, but put into a fact sheet to sell the Bond Act to the public. He said that the money was intended for minor projects such as paving over public access lot or cutting a trail. He said that so far the principle use of the bond act money has been for land acquisition. He said that is should be used for minor improvements; he is holding up a red flag and urging the City Council to be careful how they use the bond act money. Wilma Koss, 160 Kaydeross Park Road said she is President of the Saratoga Lake Association and would like to address the City Council regarding the two resolutions on tonight’s agenda. She said that the Council is going to be asked to authorize the City’s consultants to go before the Supreme Court pursuant to the Eminent Domain Law to obtain access to the Water’s Edge and Spencer properties. She said that the Council is also going to be asked to commit to the development of Saratoga Lake as the least expensive, best choice for an alternative source of water. She said the Council is not simply being asked for permission to acquire a permit. Wilma Koss said that according to the City’s water study, there is really no urgency to pass either resolution, so she wonders why the hurry unless the City is afraid that once the County’s Final Environmental Impact Statement is issued and a chip factory has committed to coming to Luther Forest, the City’s plan will reveal itself for the unnecessary expense that it is. She said that there are many rumors circulating about the imminence of a chip plant and if proven true it will be obvious that if the City only buys the water it needs without any minimum commitment the County’s plan would be less expensive for the average City homeowner and there will be no necessity to use Saratoga Lake. She said that several Council members have said they would like to have the permit in their pocket but tonight they are being asked for more than that. The City Council is being forced to complete the process before all of the facts are known. She said another month or two is not going to prevent the City from obtaining the permits it needs if the County plan turns out not to be the better choice for an additional source of water. She urged the City Council members to oppose the resolutions. Lawson Brown, 57 Tyler Drive, Woodlands, said he is a retired lawyer and a resident of Waters Edge Woodlands where there are over 300 homes. He said he is dismayed at the behavior of the City council and the Department of Public Works regarding eminent domain pertaining to the water project. He said he is sorry he urged his neighbors to vote for this City Council. He said that eminent domain proceedings are not authorized by the City Council yet they have been initiated by DPW. He commented that statements were given to neighbors that the Department of Health never restricted the use by residents of a lake being used as a source of drinking water. He said he knows of lots of restrictions including no swimming within a particular number of feet from the water Page 5 of 27 City Council meeting Tuesday, June 6, 2006 intake line. He said that the proposed water project is inequitable. The City failed to inform the DEC and the Army Corps of engineers of the opposition to the City’s water project by citizens of surrounding communities. He said project costs have increased 3% each year since 2002, and DPW attributes this to the consumer price index. He said the bulk of the cost of such projects is fuel, iron and steel, labor, land, and acquisition of easements to lay the pipe. He said the price of oil has increased 352% since 2002, iron and steel prices have increased; all prices have increased so rapidly that companies can not give binding estimates. He thanked the Council for the opportunity to speak. Kyle York, 59 Railroad Place said that at the County meeting their microphones are open for planned speakers, there is not public comment period. He said that the council microphones are always on but the supervisor microphones are turned on when they want to speak. He mentioned that the parking lot where the collapse is has been blocked off to the public and the horses were interlocked. He said that he watched people try unsuccessfully to move the barricades. Commissioner McTygue clarified that the High Rock Park Committee has been in touch with residents and will soon be holding another meeting. He said that Lillians’ parking lot was closed off as soon as the problem was discovered, and the second collapse was in the section that was blocked off. Cheryl Keyrouze said that she encourages the public to submit to her or to Supervisor Yepsin any questions they wish to be asked at any meeting of the County Board of Supervisors and they will ask them. Ian Klepitar, 101 Parkhurst Road said he is president of Saratoga Springs Healthy Transportation and Italians have created pedestrian-only zones where businesses thrive and facilities are accessible to pedestrians and people on bicycles. He announced his organization’s bicycle decorating contest to be held on Flag Day and encouraged the Council members to assist in riding vintage bicycles back after the parade. Joe Scala, 27 Vista Drive, Woodlands asked why the rush with the water; applications are pending before the Army Corps, why bully the community. He said there is a meeting of the Saratoga Lake Association tomorrow night, June 7 to review questions that they would like answered. There being no one else who wished to speak, Mayor Keehn closed the public comment PUBLIC WORKS DEPARTMENT Presentation: Barton & Loguidice – Water Rich Strout, and Doug Ward presented the updated cost analysis for the City’s water source development project. Commissioner McTygue noted that this issue has been going on for six years and the County’s proposal does not meet the needs of the City. Rich Strout said that the project includes surface water intake, piping the raw water to the pump station, 4 miles of raw water transmission main, treatment plant modifications and the cost of producing safe drinking water for the City from Saratoga Lake. He said that the construction costs only are estimated at $17,960,000. He explained that financed over 30 years, the lake option would necessitate less than a 33% increase in water rates which are the rates customers pay in their water bills. He said that the cost of the County’s plan is estimated at $75,000,000 and financed over 40 years, including subsidies, the County option would necessitate over a 70% increase in the City’s water Page 6 of 27 City Council meeting Tuesday, June 6, 2006 rates. He said that the percentage increase in the City water budget and rates would be about 29% using the Saratoga Lake alternative compared to a 70% increase using the County option, and the City would maintain control over the lake option. Rich Strout explained that the County’s financing plan indicates that the base water rate is $2.05 per 1,000 gallons and escalates at a rate of 1.5% per annum. He said that the County’s project cost estimates appear to be underestimated by at least 8 million dollars and this does not include the cost of expansion; their plan states that in ten years they would have to expand due to growth of the system and additional users. He said that the expansion would include water treatment plant expansions, a second water transmission main, and additional transmission mains to serve communities that joined the plan. Rich Strout said that the County Board of Supervisors approved an interest free loan in the amount of $15,000,000 from the County surplus, and this is money being used for the County water project that all the Saratoga County taxpayers have paid. He said that if the 15 million dollars were invested at 6% interest, it would grow to $86 million over 30 years. He said that the only conclusion to draw from the facts is that the Saratoga Lake alternative is still the best and most cost effective solution to the problem of an alternative water source for the City of Saratoga Springs. Doug Ward responded to some of the comments made earlier: He said that eminent domain procedures have not been initiated. He told the property owners at a recent meeting with residents of Water’s Edge that the City would need access to some of the properties and if they can’t get access to the sites in order to complete the required studies, they would have to go to court and begin eminent domain proceedings. They need access not property. Doug Ward said that it was specifically stated that the Department of Health would not restrict boating on Saratoga Lake for this project, and he had never seen the DOH retroactively impose any restrictions on boating on a lake used as a water source. Water Development Project: Proposed Resolution (06-96) Doug Ward said that the Department of Environmental Conservation requires the City Council to recommit to the DEC its intention of the water supply project through the following resolution: WHEREAS on the 18th day of October 2005, the City Council issued its Findings Statement pursuant to the State Environmental Quality Review Act (“SEQRA”), New York Environmental Conservation Law Section 8-0101 et. Seq., for the City’s Water Supply Project; WHEREAS, pursuant to a resolution of the City Council, on April 26, 2006, the City Consultants prepared and submitted a water supply permit application to the Department of Environmental Conservation in accordance with the requirements of Environmental Conservation Law; WHEREAS, the Department of Environmental Conservation has requested that the City Council clarify and reconfirm its commitment to undertake the Water Supply Project in the event that it receives the necessary permits and funding for the Project; WHEREAS, the City is presently taking the steps necessary to obtain these final permits and approvals and secure the funding necessary to implement the Project. NOW, THEREFORE. In accordance with the request of the New York State Department of Environmental Conservation, it is RESOLVED that the City Council for the City of Saratoga Springs confirms its present commitment to undertake the Water Supply Project, as city guidelines and fiscal policy permit, once it obtains the Department of Environmental Conservation water supply approvals and other Governmental approvals and secures any Page 7 of 27 City Council meeting Tuesday, June 6, 2006 necessary property control and funding for the Water Supply Project. Doug Ward said that this resolution is in direct reply to a letter from DEC requesting a commitment by the City Council to undertake the project. Therefore, Commissioner Thomas McTygue moved and Commissioner John Franck seconded for City Council approval of the resolution as requested by the Department of Environmental Conservation to confirm the city’s commitment to undertake the Water Supply Project. Mayor Keehn said that with the issue of boating and swimming, she understands that the only restrictions would be that people should not put an anchor down over the intake. Doug Ward said that is correct; reasons to restrict swimming involve unfiltered water supplies and tiny water supplies. He said that there are billions of gallons in Saratoga Lake. Mayor Keehn asked about a safety issue and Doug Ward said there would not be a safety issue since the pipe would be 30 feet down. Rich Strout said that they asked the Department of Health if there would be restrictions and the written response from DOH indicated that there would be no restrictions imposed by the DOH regarding the proposed project. Commissioner McTygue said that no matter what facts are presented, the opposition will continue forever. Commissioner McCabe asked if the County is going to get the same letter requesting a resolution and is under the same scrutiny by the DEC as the City. Doug Ward responded yes, the DEC wants to ensure that they will be looking at an application that is going to be prepared and resources committed. Commissioner McCabe said that a lot is unknown about both the County and the City plans. He said that as City officials the council must make City decisions based on the city’s population and its taxpayers. He said he had requested that the original resolution be amended to include the line “as City guidelines and fiscal policy permit” because the DEC is not going to tell Saratoga Springs how to run its fiscal policy. He said that the City is bringing fiscal responsibility back into the limelight, and the additional phrase leaves the City in control fiscally. He thanked Bill McTygue and Doug Ward for their work on the amendment. He said that as fiscal guidelines and fiscal policy permit this shows the intent but it is not a vote or commitment to spend one dime to put a pipe in the ground. He said that supporting this resolution is the fiscally responsible thing to do at this meeting and he will continue to monitor the process closely. Mayor Keehn said that although she is new to the City Council she has been following the issue closely and hearing both sides is not without some discomfort. She said she likes to think she is hearing both sides, she is empathetic to the Lake residents. She said she questions the vagueness of the section about steps necessary to obtain final permits. She asked if there is a way that the City could specify those steps to finalize DEC to get those permits; she would feel more comfortable with more detail. Doug Ward said that the City’s steps include meeting with homeowners, moving on other resolutions, permit applications, funding steps and timing have not been decided yet and are not detailed here because the DEC wants language of commitment, it does not need details. Mayor Keehn asked if the steps have been discussed and detailed to homeowners including what land would be disturbed and how the process would work. Doug Ward said that they have met with the homeowners, and the next step might be to start the process and proceedings to gain access to the properties. He said the other steps are permit applications and at some point they are going to have to move forward with funding steps as well. He said they have not decided the specific timing of the process. He said that they are going to be surveying and appraising properties so if offers have to be made on land, they know the assessed value. Page 8 of 27 City Council meeting Tuesday, June 6, 2006 Mayor Keehn called for a vote on the commitment resolution. Ayes all. Water Development Project: Legal Proceeding Resolution (06-97) Doug Ward said that the amount and extent of the studies are guided by what is found. He said that the following resolution is about authorizing its consultants to proceed with any and all legal steps necessary to gain access to property for the purpose of conducting archeological and siting investigations for the project: WHEREAS, on October 18, 2005, the City Council issued its Findings Statement for the Saratoga Lake water supply project pursuant to the State Environmental Quality Review Act (ECL Section 8-0101 et. Seq.); WHEREAS, the City recognized that as part of the next phase of the permitting process for the project, the City needs access to undertake additional studies on lands that the City did not own and to which the owners had not granted the City or its consultants access; WHEREAS, these studies include archeological Phase IB studies, engineering studies to aid design and construction and to establish the specific route related to the water intake piping and pump house, a survey and a real property appraisal. WHEREAS, the City authorized its consultants to make contact with the owners of these properties and seek permission for access necessary to conduct these studies; WHEREAS, the City recognized and explained that “time was of the essence” for gaining this access on account of the need to secure contractors to do this work, recognizing that these contractors are in demand and require lead time if they were to commit and perform the investigations in a timely manner; WHEREAS, beginning on April 12, 2006, the consultants directed letters to the Owners of the subject property seeking their permission to enter and conduct studies; WHEREAS, the consultants determined that the owners of the property were the Water’s Edge Homeowners’ Association and its members, members of the Spencer family and possibly the Saratoga County Sewer Authority with respect to its operation and use of County sewer lines. WHEREAS, there has been no response from the County despite City Consultants’ repeated phone calls and letters seeking to identify its interests in the lands near the County sewer line; WHEREAS, the City’s consultants contacted the Water’s Edge Homeowners’ Association and directed letters to the Association and make a public presentation to the Association explaining the need for access, the testing protocols and the need to proceed with the testing in an expeditious timeframe; WHEREAS, the Homeowners’ Association has been unable to consent to access to its property; WHEREAS, the City Council has been advised that if it does not take prompt action to gain access to the properties, for the foreseeable future, it will lose access to contractors who can perform these necessary studies, thus potentially delaying the project for a significant period of time, threatening to increase costs and postpone development of this project which is essential to the City’s economic viability and public health and safety; WHEREAS, while the City Council is desirous of amicably resolving these issues, it is unfortunately apparent that the landowners cannot make the commitments or grant access in a timeframe necessary for the City to proceed with these investigations. NOW, THEREFORE, BE IT RESOLVED, that the City authorizes its consultants to proceed with any and all steps necessary to gain access for the archeological and siting investigations identified above, which will include making application to the Supreme Court, Saratoga County under the New York Eminent Domain Procedure Page 9 of 27 City Council meeting Tuesday, June 6, 2006 Law (EDPL) for access; and is further RESOLVED, that if during this application process it appears that one, or any of the owners is interested in voluntarily permitting City consultants access to property for the above purposes, the City directs the consultants to immediately advise the City Council of this change In circumstance so that the City could enter into voluntary agreements, as that is the most desirable approach. Doug Ward said that in order to complete the application to the DEC an in-ground archeological examination must be done on the Spencer property and on the property owned by the Saratoga Lake Association. He said that lawsuits by the SLA and by SLIPD have accused Barton & Loguidice of not conducting the proper studies but they were not allowed access to the properties to conduct those studies and now they have to go to court to get the homeowners to comply and be allowed on site. He said that consultants have been lost to the project because of the stalling by the SLA and SLIPD. Commissioner McTygue said this has been going on for over four years, nothing can be said or done to change this. Commissioner Kim commented that during his campaign his material was clear that he supported the Saratoga Lake option. He said that the County spent lots of money on a countywide landfill operation in Northumberland that has never opened. He said it has never taken in one bag of trash, so he very concerned over the involvement of Saratoga County in any large capital projects. He said there was litigation and uproar and a long process for many years over the establishment of the County landfill in Northumberland. He said he supports the Lake plan because he does not believe that the County has assessed the cost correctly or properly planned their water project, and it will end up like the landfill they have never used. Mayor Keehn said that in an effort to run an open and fair meeting she is allowing an individual who is one of the affected landowners in the City’s water source development project an opportunity to speak. Jean Spencer, 59 Kaydeross Park Road said that Mr. Ward stated he had been in contact with the Spencer family members who are landowners. She said there are 9 in total, and Mr. Ward has had Tele-conferences with only three of the nine Spencer family members, not all owners have been contacted. Doug Ward responded that some of the ownership situation is foggy. He said that everyone named Spencer has been contacted, letters were sent explaining needs, the process and all 9 Spencer family members have been invited to sit down and discuss everything, and e-mails were sent. He said that the resolution has kept the door open for negotiation because coming to an agreement regarding access is preferred. Seeing that no one else wished to speak, Mayor Keehn closed the public comment period. Commissioner Thomas McTygue moved and Commissioner Ron Kim seconded to accept the legal proceeding resolution as read and distributed. Mayor Keehn said that all of her campaign literature indicated that she did not support the County water project. She said that it is prudent for the City to move forward with the permitting process because a basic necessity is safe drinking water for the children and families of this City, and the Saratoga Lake option is the most desirable approach. Page 10 of 27 City Council meeting Tuesday, June 6, 2006 Ron Kim said it is regrettable that the City has to take this approach rather than receive voluntary compliance but the resolution does include an opportunity for agreement. He said that the County is going to need to do this also and they have a much longer pipe. Ayes all. Casino Annex – Clerestory Evaluation (06-98) Paul Male said that during the repair of the Casino parapet wall, the contractor discovered that the Casino annex Clerestory is showing signs of settlement. He said that a proposal from Ryan-Biggs has been submitted for a structural evaluation of the clerestory and crack monitoring. The fee for the structural evaluation and monitoring is $5,300, which would be an extension of Ryan-Biggs 6/05 contract for the parapet repair design. Mayor Keehn asked about an agreement for additional services. Paul Male explained that the $5,300 for the structural evaluation and crack monitoring is considered a change order to an existing contract. He said that the proposal also contained a price for a wood evaluation but this part of the proposal is not being accepted because the wood evaluation can be performed in-house. Commissioner Thomas McTygue moved and Commissioner Ron Kim seconded to approve the amount of $5,300 for Ryan Biggs to perform a structural evaluation and monitoring of the Casino Annex Clerestory as a change order of an existing contract subject to review by the City Attorney and the City’s Risk and Safety Manager. The money is in the budget. Ayes all Putnam Street Parking Deck (06-99) Paul Male said that they had Ryan Biggs undertake a preliminary investigation of the Putnam Street Parking Deck last Fall to determine if emergency repairs were warranted for the deck’s surface. He said that emergency repairs were not needed but they have developed a proposal to do the work including preparing the scope of services for the design phase and preparing bid specifications in the amount of $23,800. Paul Male said that once the bid specifications are together, if the City wants Ryan Biggs to do the contract administration and the construction inspection in would be additional $16,000. Commissioner McCabe said that in 2005 the City spent $13,838 on the initial investigation of the parking deck, and the $23,800 is an additional amount for the design. Paul Male said that the probable construction costs for the repair of the parking deck are in the range of $270,000 to $410,000. Matt McCabe said that his is on a deck that originally cost $1.5 million. William McTygue, Director of Public Works said that the $23,800 would provide the City with design and specifications to prepare DPW to move forward with the bid process to get the parking deck repaired. He said that as part of the development of the Capital-spending program for 2007, they are planning to include appropriate funding recommendations to undertake this project. He said that the deck is six years old. William McTygue said that the first concern was the general deterioration of the deck surface since the deck is essentially a new structure. He said they were told that the City is having to undertake a repair on this deck that is usually done on a deck that is at least 15 to 18 years old. The City did not get the quality of construction on the deck surface that it should have. Commissioner McCabe asked if there is any recourse or insurance so the City could get back some of the money or cover some of the repair costs. William McTygue said he doubts it, it would end up in a debate and action could be stalled. Commissioner Kim said that when the deck was Page 11 of 27 City Council meeting Tuesday, June 6, 2006 built there was delay in the opening because of a curing problem. He said there might be an issue of product liability here that should be pursued such as a bad batch of concrete, so the City should look into seeking recourse for this situation. Commissioner McTygue said that the City Attorney should be asked to look into this. Paul Male said that the biggest problem with parking decks in the salt on the bottom of cars that park on the decks in the winter. Commissioner Kim asked if there is a process of cleaning the deck. William McTygue said that general maintenance requires a sealer, but the sealant will not help the situation now because the deck needs more extensive repairs. Commissioner Thomas McTygue moved and Commissioner Ron Kim seconded to spend $23,800 for Ryan Biggs to prepare the scope of services for the design and for the preparation and assembly of the bid specifications for the Putnam Street Parking Deck Repair Project. Commissioner McCabe clarified that the money is in the budget and coming from the off-street parking fund. Mayor Keehn said that there has been discussion about building another parking deck behind Broadway, and the City is talking about spending almost $50,000 on the Putnam Street Parking Deck and not one bit of repair work has been done. She said that is a lot of money, especially when the lowest estimate for repairing the deck is $270,000 and the structure is only six years old. She said this is costly maintenance for one structure and now there are two decks and we are discussing the possibility of a third deck so these are big issues that the Council needs to address and this is not a reflection on DPW or the City Engineers. Ayes All South Broadway Rehabilitation – Amend Capital Program/2006 Capital Budget (06-100) Paul Male said that it is necessary to approve a capital budget amendment for a project to continue to rehabilitate South Broadway. He said that with the probable reimbursements, the City’s final cost of the project would be about $90,000. Commissioner McCabe asked if the city has ever not been reimbursed and Paul Male responded that there is only one project where we were not reimbursed, but that was because the project did not qualify for the federal funds. Paul Male said the funding breaks down to 80% federal funds, 15% State funding and 5% from the City. Commissioner Thomas McTygue moved and Commissioner John Franck seconded to amend the capital budget in the amount of $1,800,700 for a South Broadway Rehabilitation Project. Ayes all Announce Paving Schedule Commissioner McTygue announced the paving schedule as follows: Beekman Street from Oak to West Circular and Oak Street from Hyde to Walnut Street were milled on June 5 and paved on June 6. On June 7, Frederick Drive from Lee to the cul-de-sac at Frederick Drive and James Drive from Lee to Michael Drive are to be paved and Thursday June 8, Michael Drive from Lee to Lee Drive and Knight way from Grand Avenue to King Arthur Court. He said this is the first phase of the paving and the second phase will begin on June 19th, George Street from Nelson Avenue to Court Street and Court Street from Union Avenue to Spring Street will be milled. He said the preparation from George to Court will be done on June 20 and Wednesday, June 21 George Street from Page 12 of 27 City Council meeting Tuesday, June 6, 2006 Nelson to Court Street and Court from Union Avenue to Spring Street will be paved. Thursday June 22, Crescent Street near Thoroughbred Drive to Vanderbilt Avenue and Spa Circle from West Fenlon to the end will be paved. Operation of Skate Shop at Ice Rink Linda Terricola, Recreation Director, said that the Recreation Department and the Department of Public Works will cooperatively begin to operate the Skate rental and blade sharpening shop at the Weibel Avenue Ice rink. She said that a fee schedule would be submitted to the office and she is currently working with the Director of Finance, Christine Gillmett Brown on forms and process. Commissioner Kim asked if the City would be incurring overtime by staffing the shop with City employees and Linda Terricola said no because they are going to use existing part time staff. Commissioner McTygue said that Public Works Foreman Tom Lollias is going to be trained to operate the computerized blade sharpener and fill in as needed, and train staff to use the machine. He commended Tom Lollias for taking on the extra responsibility. Commissioner McTygue said that no approval is required at this time. Linda Terricola said she is working with the Purchasing office to create specifications to submit for bids on the computerized blade sharpener. Detailed Energy Study – Johnson Controls (06-101) Commissioner McTygue said that this item stems from the detailed energy study by Johnson Controls. Public Works Director William McTygue introduced Christopher Kalwara of Johnson Controls and stated that at the last City Council meeting Chris discussed the detailed energy study the City is contemplating as a cost saving initiative. Christopher Kalwara said that they have completed the preliminary assessment and copies have been distributed, and they have identified on a preliminary basis the general savings to the City in the area of $93,000 through some identified necessary improvements that would increase energy efficiency in City facilities. He said the next step is to conduct a detailed energy audit, which is a twelve week process and within that process the scope of services and the cost to do the work would be determined in collaboration with the City, and to firm up the guaranteed amount of energy savings. Mayor Keehn said that Johnson Controls come highly recommended, but she questions the process bringing the City to this point. She referred to the New York State Energy law, article 9 that calls for either a request for proposal or competitive bidding to be conducted in a case where a municipality or public authority procures an energy performance contract by issuing and advertising a written request for proposals in accordance with procurement or internal control policies. She said that the City has not gone through the proper process as written in State law. The City hired Johnson Controls to do a study and now they have put together a proposal, which is being voted on tonight. She suggested that we backtrack to ensure that the law is being followed. Commissioner McCabe agreed that the firm is well recognized and the Council must determine that the correct process is being followed. Commissioner Franck said that within the City’s procurement policy, this falls within professional services and therefore a waiver of competitive bidding is possible. He said that it depends on which law trumps which because our procurement policy clearly states that we could go forward with this, and he proceeded to read from the City’s purchasing law. Commissioner McTygue expressed concern that the Council members had not brought these issues up at the agenda meeting, and these concerns are the reason for the agenda meetings to provide an opportunity to answer the questions or find the answers. Commissioner McCabe said they were still getting information as of six o’clock tonight. Mayor Keehn said that some of the Page 13 of 27 City Council meeting Tuesday, June 6, 2006 information does not get distributed until late Friday afternoon, and with the agenda meeting held at 9:30 Monday morning there is no time to read through and consider all of the complicated issues that come before the City Council unless we spend the whole weekend doing so. City Attorney Michael Englert said this issue was brought up in response to some inquiries from the Finance Department. He said that the City’s purchasing policy is in accordance with State law in that professional services are exempt from competitive bidding, but an energy performance contract is different because it involves physical improvements to the City’s property over time and there is a provision in the energy law which does require an RFP process if the City does not choose to follow competitive bidding requirements of general municipal law. Commissioner McCabe said that that tonight the City Council is voting only on the study not on the implementation of a program. City Attorney Englert said that it would be an authorization of an expenditure of $43,000 that could be wrapped into the energy performance contract. He said if the City does not go forward with the energy performance contract, then they would have to appropriate the $43,000 to cover the next step of the study. Commissioner McCabe said that the money is in the DPW budget, so the Council can pas the technical service contract as presented but the deal is that NYSERDA is paying the first half in a grant to Johnson Controls to undertake this study. He said that if the City does not decide to vote to implement the suggestions, then the city is on the hook for the balance of that contract which is why he asked Commissioner McTygue to be prepared to state that it is in the budget. Commissioner McCabe explained that the chances are with this program and the reputation of Johnson Controls, the City will move forward, but they may not spend the $40,000 in this budget year because NYSERDA will pay Johnson first and by the end of the budget year the City will know whether they intent to implement the program, and if not we will pay what we owe. If the City decides to implement the program, it is another vote and another conversation, which would involve legal funding mechanisms through NYSERDA and the City would then pay off the balance owed to Johnson Controls wrapped into the debt service to implement the program. Commissioner McCabe said that this program has been brought forth as a device to save energy, and the trick is that it comes with a funding mechanism that the Council must be cognizant of and ensure that it is being followed. He said that the City is trying to save a guaranteed $93,000 and this is a unique program that is worthwhile to explore. Christopher Kalwara said this is a three step process, step one being the preliminary assessment, step two is the detailed energy audit and when it is complete the City is given the audit document and then the energy performance contract agreement to move forward to implementation is drawn up. He said that tonight the City Council is voting on Johnson Controls performing only the audit and not the implementation. He said that NYSERDA has a flex program that would reimburse the City up to 50% of the cost of the audit. Mayor Keehn asked how the City would apply for that reimbursement. He explained that Johnson Controls would fill out the paperwork and apply for it; NYSERDA wants to see a work-scope, what is included in the audit and then they have a procedure where they evaluate the work scope and the cost and before the audit begins and then y indicate what their cost sharing would be. Mayor Keehn asked if there was a chance the City would not get any reimbursement and Christopher Kalwara said there is not. Commissioner McCabe said that NYSERDA would tell the City before the start of the audit if we were not eligible. Christopher Kalwara said that the City would be the direct borrower when financing this program, but in addition to that NYSERDA has an energy-smart loan program for this Page 14 of 27 City Council meeting Tuesday, June 6, 2006 type of project where they buy down the interest rate four percentage points for up to one million dollars over a ten year period. He said this is not going to be an issue until the time comes to implement the program. Generally a tax-exempt municipal lease finances the projects and the State requires a non-appropriations clause to be included in the energy performance contract and in the lease agreement. He said that the lease is treated as 50 one-year leases because the City appropriates the payment of the principal and interest each budget year and because of the non- appropriations clause a tax-exempt municipal lease is generally not treated as long term debt and does not go against the City’s debt capacity. Commissioner McCabe said that this would be explored more thoroughly in the next phase of this program. He said that if it falls on us within this budget year, the money for the study is in the DPW budget and director William McTygue confirmed it. William McTygue said that the program is attractive because the consultant is guaranteeing savings so that makes it energy and fiscally smart. He said that the State tries to sweeten these environmental incentives to make them attractive so municipalities are encouraged to take on the obligation and participate in this environmentally sensible program. He said the money is in the line items used to pay the monthly utility bills. He said they are not violating the rules, it falls within the purchasing guidelines of hiring professional services. Johnson Controls are engineers with expertise on building and energy infrastructure and they will show us how to save large amounts of money both in the Department of Public Works facilities. Commissioner Franck said this is the second of a three-step process and professional services include those with specialized knowledge including physicians, attorneys, engineers, insurance, appraisal, accountant, technical consultant, educator, mediator, media specialist, architect and others. He said it is a broader spectrum but we are all in agreement that the issue that the Mayor has brought up pertains to the third step in this process and the City is not there yet. Commissioner Thomas McTygue moved and Commissioner Matthew McCabe seconded to hire Johnson Controls to conduct a detailed energy study of City’s facilities for $43,000. Ayes all Advertising Boards Linda Terricola said this item is in regards to placing advertising on the boards at the ice rink, and she would be coming back to the next City Council meeting with more information. Commissioner McTygue pulled the item from the agenda. Accept Street (06-102) Commissioner Thomas McTygue moved and Commissioner Matthew McCabe seconded that Chapter 201, section 201-1, Official Street List, entitled “Street Naming and Numbering”, be amended to include the following roads as public streets: Julians Way, Crescent Avenue to end, address numbering range, west 1 through 23 and east 2 through 22; East Ridge, Julians Way to Julians Way (This is a horseshoe), address numbering range, north 2 through 28, and south 1 through 26. Rose Ridge Court, East Ridge to end, address numbering range south 1 through 7 and North 2 through 10. Ayes all Page 15 of 27 City Council meeting Tuesday, June 6, 2006 Set Public Hearings Commissioner McTygue set the following public hearings for the June 20, 2006 City Council meeting to Amend Water & Sewer Rates – Interlaken at 6:50 p.m. and a public hearing on the Capital Budget Amendment for the interactive spray fountains at 6:40 p.m. Water Development Project – Proposed Resolution Previously Discussed Water Development Project – Legal Proceeding Resolution Previously Discussed Lillian’s Parking Lot Paul Male commented that when DPW was made aware of the collapse, they looked at the failure and immediately contacted Ryan Biggs and they came up to look at it that morning. He said he wanted to clarify for the City Council that the situation in that parking lot was responded to and a decision made as rapidly as possible. Commissioner McTygue said that there is a meeting scheduled for June 7 to discuss how the lot could be re-opened. Commissioner Franck suggested that instead of repairing or selling the lot, a long-term lease could be arranged on the lot. He said it is not unusual for a City to lease a lot and have someone build on it and it is important property because of its location within the City. Commissioner Kim said that since the collapse, his Department has been looking at expanding some street parking, although it does not replace all of the spaces in Lillian’s lot, they have reclaimed several spots in that area, and he thanked Mark Benequista for his hard work. Commissioner McCabe said that the lot by Spring Street is an all-day lot and he suggested making the row facing the businesses into a two-hour row. Commissioner McTygue asked Commissioner Kim to examine the possibility of allowing parking on both sides in the summer months of the section of Beekman Street from Grand Avenue to Ash Street and on Oak Street from Elm Street to Franklin Street. He said these are one-way streets and it would help the new businesses in the area since it is very crowded on weekends there. Commissioner McCabe suggested allowing parking on both sides of Hamilton Street in the summer, possibly limiting it to two hours. Select consultant for Church Street Reconstruction (06-103) Paul Male said that this project is the reconstruction of Church Street from West Avenue to Van Rensselaer Street by the hospital. He said there will be a new traffic light at Myrtle and Church Street with a turn lane into the hospital to alleviate traffic backups there. Commissioner McTygue said that a committee of Paul Male, Deputy Accounts Commissioner Michele Boxley and Public Works Director William McTygue reviewed the three engineering firms and the committee’s recommendation was Creighton Manning, an Engineering firm from Albany. Paul Male said they are asking the Council to ratify the committee’s recommendation and this would put them as the preferred consultant. He said that Creighton Manning would have to develop a Scope of Service and a fee and when that is developed the Council will be asked to vote on approving the scope. Paul Male said that the way this process works with the state is that all of these firms are pre0- qualified with their overhead rates and expertise, and although the City could hire any firm, hiring one of the pre-qualified firms is less time consuming. Page 16 of 27 City Council meeting Tuesday, June 6, 2006 Commissioner Thomas McTygue moved and Commissioner John Franck seconded to approve the selection of Creighton Manning as the preferred consultant for the Church Street Reconstruction project. Ayes all Letter from Barbara Glaser Commissioner McTygue said that the council should start talking about the development boards, not only in reference to a contractor, but in reference to all residents of this City who own property who get involved with rehabilitating or renovating their property and the expensive hurdles they have to jump through to get their projects done. He said that with all of the requirements of the Boards, going through Zoning, Planning and Design Review for approvals, certain things are being held up keeping people from getting certificates of occupancy. He said the Boards seem to have more power than the elected officials in terms of what residents can and can’t do with their properties. He said that there are Board members that have caused costly problems for various residents and they should not be appointed for 7 years. Commissioner McTygue said that since reading the letter from Barbara Glaser, he is going to oppose any extension of terms of the members of the Boards. He said it is a shame that residents such as Barbara Glaser who has spent millions of dollars on the renovations of the Spring Street Building to have to be put through so much just for a sign color, it should be up to the property owner what sign they have as long as it meets the basic requirements of the DRC. Commissioner McTygue said that many people, especially homeowners with small projects, that are very frustrated over the approval process and the Council should look at these issues and try to make it easier for people. Mayor Keehn said there have been numerous discussions and a workshop about extending the DRC members’ terms to 7 years, and quarterly meetings and this is the first time she has heard the Commissioner express concern about the DRC term extension. Commissioner Kim said that the sign issue came up a number of years ago and there is quirk in the law that if a building is named, there are sign problems. He said that this is part of the zoning law that should be addressed. He said he is sympathetic to property owners because of delays that can occur during the process. He said that the Comprehensive Plan committee is charged with examining how the quickly the process can be completed and how it could be expedited. He said that coordinating the meetings is difficult and the Council should meet the challenge to try to solve the problem. He said that the staff on these boards works a lot of hours and if there were mistakes, they were due to increased demand on these volunteers. He said that the demand on the Boards seems to continue to increase, but the amount of members and time available to handle the demand does not increase and part of the answer is to add more resources. Mayor Keehn said that they are continuing to discuss these issues with the Chairs of the boards and they know there are items that need to be addressed. The Board members charge is much more complex and time demanding than ever before. MAYOR’S DEPARTMENT Announcement Mayor Keehn announced that she was going to put her schedule on the City’s Website beginning in the middle of June. The schedule will include meetings and public events that she is attending. Page 17 of 27 City Council meeting Tuesday, June 6, 2006 Appointment: Zoning Board of Appeals (06-104) Mayor Keehn announced the appointment of Ben Mirling to the Zoning Board of Appeals for a term expiring 12/31/07, to replace Eileen Finneran who had to resign her position on the Board to become Deputy Mayor. Appointments: City Center Authority (06-105) Mayor Valerie Keehn moved and Commissioner Matthew McCabe seconded to add to the agenda the vote on an appointment to the City Center Authority. (Ayes: 4 Nays: 1 (McTygue) Mayor Valerie Keehn moved and Commissioner Ron Kim seconded to appoint John Goldberg to the City Center Authority as a replacement for Derek Wells who recently resigned. Mayor Keehn said that John Goldberg is well qualified for this position and she thanked Derek Wells for his long service to the city. Ayes all Enactment of Local Law – DRC Terms Mayor Keehn said that she is proposing to amend the local law to exchange or extend the term of office for members of the Design Review Commission to 7 years. She said that ending 12/31 of specified years thereafter, each member of the DRC shall serve 7 years. Mayor Valerie Keehn moved and Commissioner Ron Kim seconded to amend the local law to extend the terms of office for the Design Review Commission. Commissioner McCabe said he does not support this. He said that the state mandates the terms of zoning and planning but the City does not have to have a DRC Board. It requires an incredible amount of time. He said there is something uncomfortable about increasing the terms to 7 years. He said this is a mechanical thing and we might lose momentum if we change what we are doing now. He said he would be willing to table this in order to discuss options. He does not see the necessity to bring the Design Review Commission up to the level of the state mandated Planning and the Zoning Boards. Commissioner Kim said that a level of experience helps make members better decision-makers but the breadth of power and the training are issues, but the terms are not related. He said that Commissioner McTygue’s points are valid and should be considered. He said 7 years gives the board a better advantage because the goal is to have people willing to commit to the long term and the experience is important. With more experience, the issues described in the letter from Barbara Glaser are less likely to happen. Commissioner McTygue said there is politics involved with these boards; in the time it takes members to learn the process, residents will suffer. He said that the Department of Public Works went before the DRC approval to construct bathrooms in Congress Park, and DRC mandates increased the cost over $100,000. He said one of their issues was that the bathrooms would block the view of the Spirit of Life from Spring Street. He said that people should not be looking for the Spirit of Life when they are driving on Springs Street. He said these decisions are something that professionals should be involved with and not people who take 4 or 5 years to learn the process. Mayor Keehn said that these issues have nothing to do with the terms of office but they have everything to do with looking at the number and complexity of applications that are brought to Page 18 of 27 City Council meeting Tuesday, June 6, 2006 these Boards, and having the members get the proper training. She said that they are working on a communication problem, three year terms does not cut it; the member is not likely to be re- appointed by the time they learn the job. She supports this effort. Commissioner Kim said he is not opposed to Commissioner McTygue’s ideas, but he in not sure why the City council can’t reform this Local Law, and still consider the addition of professionals on the Boards. He said that the DRC is doing the job it is supposed to do, but the term should be longer because experience is important. John Franck said that he has been in front of all of these boards numerous times, and he finds a distinction in that the DRC is more subjective where the Zoning and Planning Boards are more objective and their decisions are based more on regulations and the parameters of the law. He said he is afraid to extend a subjective situation longer than it currently is. He said he has gone before the DRC, or had professionals go and the members of the Board have simply not liked a proposal. Mayor Keehn said that is more reason to extend the terms if it takes three years to learn the job and get the proper training, and unless the terms are extended, they could be replaced with new people and you are starting all over again. It is better to extend the terms to help people be less subjective, learn their jobs and create consistency. Commissioner McTygue said that the chairs of the boards should be approaching each new Mayor and asking to retain particular members if they feel they are doing a good job. He said that the Board is only as good as the people at the table; you could be stuck with someone for 7 years that shouldn’t be there. Commissioner Kim wondered if there is middle ground. Mayor Keehn said she does not know if it makes sense to table this or not, or if there is a desire for further discussion or if people are set. Commissioner Kim wondered if there is some middle ground between the council members who are in favor and those who oppose this. He said that three years is too short and maybe there is a compromise that could be reached with further discussion. Mayor Keehn said that part of the reason for increasing the DRC term to 7 years with the other Boards is so you do not lose more than one member in any given year, losing more than one member per year is a big loss to a Board. Commissioner McCabe said his issue goes even further when he hears members of the public commenting that they do not want to put on a deck, install a fence of put on a porch because they do not want to deal with the process and spend the money to go through the system. He said that the system is broken including the permit process, the inspection process, and Design Review. He said City could do what it wants with the DRC because it is not state regulated, so maybe the number of members should be reduced or it should be comprised of an all-star team of professionals. There are some fine talented people serving on these Boards in what is considered to be a thankless job. He said the process should be streamlined and he wants to address these issues, and he would consider smaller terms or reform in other areas. Commissioner Kim said that he can always pick instances where the system didn’t work, but the City looks good now largely due to the City’s process of developing and the decisions made by the DRC and the other Boards. Mayor Keehn called upon the Chairman of the DRC, Pat Kane to address the issue. He clarified that the Design Review Commission has certified local government status with the State of New York. He said he chose not make a big deal or public issue out of Barbara Glaser’s letter. He urged the City Council to table the motion until the DRC could hold a workshop with the City Council. Pat Kane said that there is an incredible amount of work being done by these Boards and the members Page 19 of 27 City Council meeting Tuesday, June 6, 2006 of the DRC are highly qualified to do that work, including a Harvard educated Architect and a total of 180 years of professional experience. Commissioner McTygue said that there are too many members, and one person could fulfill the duties of the DRC for the City. He said that the board functions to protect the historic integrity and architecture of the places and buildings of this City. He asked the Council to table this issue so that a workshop could be conducted to further inform the Council on the value and importance of the function of this Board and the reason that term extensions are important. Commissioner McTygue said that he does not need a workshop, this should not be dealt with by adding longer terms. He said that because things are not going your way you want to table this, but the Council should vote on this and get it over with. Therefore, Mayor Valerie Keehn moved and Commissioner Ron Kim seconded to table the motion. Ayes: 3, Nays: 2 (Franck, McTygue) Motion carries, 3-2 Authorization for Mayor to Sign St. Clement’s Contract (06-106) Mayor Valerie Keehn moved and Commissioner Thomas McTygue seconded for authorization for the Mayor to sign a contract with St. Clement’s Regional Catholic School for the use of their gymnasium by Camp Saradac at an hourly rate of $26.00. Ayes all Saratoga County Children’s Committee (06-107) Mayor Valerie Keehn moved and Commissioner Thomas McTygue seconded to accept a $3,000 donation from the Saratoga County Children’s Committee for Camp Saradac scholarships. Ayes all. Visitor Center Donations (06-108) Mayor Valerie Keehn moved and Commissioner Thomas McTygue seconded to accept donations for various Visitor Center series as listed: For Spa City Band Concerts, $750 from the Rotary Club; $200 from the Downtown Business Association; $500 from Stewart’s Shops; and $5,000 in in-kind services from Time Warner Capital News 9. For the July Chamber Music Series: $100 from the Four Seasons Health Food Store; $25 from Jack Hall Plumbing; and $375 from Stewart’s Shops; for Multicultural Music Series, $250 from the Inn at Saratoga; and $8,000 in in-kind service from Time Warner Capital News 9; and for Founder’s Day celebration, $480 from the NBT Bank. Ayes all Donation: Turf-Parillo, LLC (06-109) Mayor Keehn said that last fall the developers of Hampton Inn, Turf –Parillo, LLC offered to donate $7,500 to the City toward the additional study of the building height issues in the City’s downtown area. She said there is no strings attached and the developers do not have any control over the outcome of the study. She explained that the money would be used to hire a planning consultant to conduct a workshop on downtown building height. Therefore, Mayor Valerie Keehn moved and Commissioner John Franck seconded to accept the donation by Turf-Parillo, LLC in the amount of $7,500 contingent on a budget amendment to place the funds in the professional service line item for the Planning Board. Ayes all Page 20 of 27 City Council meeting Tuesday, June 6, 2006 Authorization for Mayor to Sign Contract with BFJ Planning (06-110) Mayor Keehn said that a contract must be signed with the consultant, Buckhurst Fish & Jacquemart, Inc (BFJ) planning consultants to prepare materials, conduct the Building Height workshop and develop a draft set of possible zoning amendments relating to building heights. Therefore, Mayor Valerie Keehn moved and Commissioner Thomas McTygue seconded to authorize the Mayor to sign a professional service contract with the BFJ Planning in the amount of $7,500. Mayor Keehn said that the City Attorney and the City’s Risk and Safety Manager have reviewed this contract. Commissioner McTygue expressed concern that this was the only firm considered. Commissioner Kim said that he will support this but he is troubled about the Planning Board’s involvement and whether they are addressing the issue in the best public interest. He said they might be essentially committing the City Council to an action that the Planning Board is charged with. Geoff Bornemann said that the donation is not part of the Planning Board approval. He said that building height in the downtown area has become a critical issue, and the workshop might lead to a solution; there is no deal and no condition of either the donation or the Planning Board’s involvement. Commissioner McCabe said that he would support this with caution. Ayes all. Announcement: Downtown Transportation Workshop Mayor Keehn announced that the workshop on downtown building heights is being held Thursday, June 22 at 7:00 p.m. at the Public Library. Announcement: Vietnam Veterans – Moving Wall Mayor Keehn said she would be participating in the opening ceremony of the moving wall in memory of veterans who died serving in the Viet Nam war. She said that the opening ceremony is June 8, she would be attending on June 11 from noon to 1 and closing ceremony is scheduled for June 12 at 11 am. She said the wall includes the Saratogians that died in Viet Nam, Peter Fonda, Denton Crocker, Announcement: New Beginnings – Saratoga Skate Park Mayor Keehn announced that a celebration of the re-opening of the Skate Park is being held Saturday June 17 starting at 11 a.m. She invited everyone to join her and the Recreation Department for the event and she said that live entertainment begins at 2 p.m. Discussion: Comprehensive Plan Review Committee Mayor Keehn said she plans to put a committee together to review the city’s Comprehensive Plan and she will be naming the members of that committee and outlining the parameters of their charge at a later date. ACCOUNTS DEPARTMENT Approval of Minutes Commissioner John Franck moved and Commissioner Matthew McCabe seconded to approve the May 15, 2006 meeting minutes. Ayes all Page 21 of 27 City Council meeting Tuesday, June 6, 2006 Commissioner John Franck moved and Commissioner Matthew McCabe seconded to approve the May 16, 2006 meeting minutes. Ayes all Commissioner John Franck moved and Commissioner Matthew McCabe seconded to approve the May 17, 2006 meeting minutes. Ayes all Appointment of Commissioners of Deeds Commissioner Franck appointed the following individuals as Commissioners of Deeds with a term of two years: Donna Buckley, Dan Cogan, Danielle Gailor, Lisa Nolan, Holly O’Leary, James Ruhle, and Kevin Veitch. Authorization for Mayor to Sign Contract with NYSEG (06-111) Commissioner John Franck moved and Commissioner Mathew McCabe seconded to authorize the Mayor to sign a contract with NYSEG Solutions. He said this contract is a renewal for a variable rate and is effective until April 2008, has been reviewed by the Risk and Safety Manager and Purchasing and meets the City’s purchasing guidelines, and was circulated to the Council members. Ayes all FINANCE DEPARTMENT Payroll Commissioner Matthew McCabe moved and Mayor Valerie Keehn seconded to approve the following payrolls: May 19, 2006 - $405,018.80; May 26, 2006 - $352,632.39; June 2, 2006 - $382,610.88. Ayes all. Warrants Commissioner Matthew McCabe moved and Mayor Valerie Keehn seconded to approve the following warrants: 2006 Mini Warrant 5/22/06 MC2MAY06 $ 2,009,114.98 2006 Mini Warrant 5/24/06 MC3MAY06 $ 38,810.40 2006 Mini Warrant 5/31/06 MC4MAY06 $ 1,961.11 2006 Regular Warrant 6/05/06 1JUN06 $ 1,234,161.09 Ayes all. Transfers – Payroll, Social Security, Regular Commissioner Matthew McCabe moved and Mayor Valerie Keehn seconded to approve the 2006 Budget Transfers to or from Payroll, Social Security and “Regular” expense lines as presented (Attachment A). Payroll and Social Security Transfers are listed separately per the City’s budget/transfer policy, these transfers have met the transfer guidelines. Ayes all Transfers - Contingency Commissioner Matthew McCabe moved and Mayor Valerie Keehn seconded to approve the budget transfers – Contingency as previously distributed.(Attachment B) He said this set of transfers is listed separately per the budget transfer policy and has met the transfer guidelines, and must include an update of the remaining contingency balance. There are two lines that describe a Page 22 of 27 City Council meeting Tuesday, June 6, 2006 transfer in the amount of $49,000 from contingency expense line in the water fund to an expense line for miscellaneous equipment to cover the cost of the new weed harvester for Loughberry Lake. There will remain $116,668 in the water fund contingency. Ayes all. Budget Amendments Commissioner Matthew McCabe moved and Mayor Valerie Keehn seconded to approve the budget amendments as previously distributed with the agenda (Attachment C). These budget amendments have met the amendment guidelines. Ayes all Correction to the Minutes Commissioner McCabe explained that he needs Council approval to correct the City Council minutes of April 11, 2006. He said that on page 6, under the heading “Finance” is the title 2005 Audit and the word “audit” should be replaced by “Annual Update Document.” He said that the words “2005 Annual Audit” in the first sentence should be replaced by “2005 Annual Update Document”. He said the correction must be made because there are two separate documents, the 2005 Audit is a specific financial document that is being prepared now and will be ready within the next few months; the subject of the 4/11/06 meeting item was the Annual Update Document. Commissioner Matthew McCabe moved and Mayor Valerie Keehn seconded to approve the correction of the April 11 2006 City Council meeting minutes as presented. Ayes all. Bond Resolutions (06-112) Commissioner Matthew McCabe moved and Mayor Valerie Keehn seconded to approve the Bond Resolution dated June 6, 2006 as previously distributed with the agenda (Attachment D) for a bonded amount totaling $360,140, which includes the construction of highway improvements to South Broadway, the balance of which will be funded with federal grant funds. Commissioner McCabe said that a 4/5 vote is required to pass a bond resolution and the vote must be taken by a roll call of each Council member: Commissioner John Franck Aye Commissioner Matt McCabe Aye Commissioner Tom McTygue Aye Commissioner Ron Kim Aye Mayor Valerie Keehn Aye Ayes all, Motion carried 5-0 Sales Tax on Motor Fuel and Diesel Motor Fuel Commissioner McCabe said he is not calling for a vote this evening but he wanted to discuss the option of capping the sales tax on gasoline and diesel fuel. He said the City has until June 16 to make a decision on whether to cap the tax. He said after analyzing this, he believes the City should do nothing because it is its own sales tax exemption and therefore would lose a significant amount of revenue. He said the Council should hold off on a decision on this for the time being. Commissioner Kim said that the point is well taken but if we are replacing revenue we should be shifting it to some other tax. He said that each County has exacted similar legislation. Commissioner Franck asked if the City falls under the same deadline as the County. Supervisor Page 23 of 27 City Council meeting Tuesday, June 6, 2006 Joanne Yepsen said that the deadline is under the New York Sate Department of Taxation. Commissioner McCabe said that he could request a special City Council meeting, but he is not proposing that anything be changed because he is not sure how much the consumer stands to benefit from this, and the Saratoga Springs Tax payers need the revenue. Commissioner Franck said that people might get upset because they are paying more for their gasoline. Commissioner Kim said that if the County enacts the legislation, there would be a more compelling reason for the City Council to enact it. He said the City Council should monitor this closely and be ready to have a meeting. Commissioner McCabe said there is ambiguity to the legislation that says we may get all of the sales tax. He said that he does not think that the State Government’s initiation of dropping the cap is going to have a net effect on the consumer, but our taxpayers will lose at budget season next year. Commissioner Franck said that this is really about money; a workshop should be held and the decision should be made now. He said this is about our costs going up because our energy costs are rising, and the City needs the tax revenue. Commissioner McCabe said that the cap would not preclude station owners from raising the price of retail gas. Supervisor Yepsen said that a resolution has come out of the legislative and research committee and has been passed, and is now going to the Law and Finance Committee June 14. If the Law and Finance Committee passes the then in order to meet the deadline of the16th a special Board meeting of all of the Supervisors would be called for a vote as a Local Law. A special meeting is needed because the next regular meeting of the Supervisors is not until June 20. Joanne Yepsen said there is concerns about the timing because public hearings would also have to be crammed into the process by the 16th. Commissioner McCabe said he looking at this from the City’s perspective and feels it is a whitewash that would not actually accomplish much. Deputy Commissioner Lynn Bachner, said that the County has a technical situation because their gasoline sales tax legislation was enacted by local law, so in order to remove or change that law, another local law must be enacted and local laws require a public hearing. She said she is uncertain of the time requirements for a public hearing, but the situation is that this particular legislation must be voted on and by June 16 in order to make the July 1 deadline. She said that the city’s sales tax legislation was enacted by resolution, which means that it can be changed by resolution and does not require a public hearing, which is why we can fill out the model enactment number 47 that the State sent, vote on it and send it in. She said that they decided to have a discussion instead of a vote tonight because the County and other contiguous County’s and municipalities have not made a decision. Commissioner McCabe said that the County is trying to determine what they need to do, but part of the City’s decision is being controlled by revenue. He said that if the City Council votes on this tonight, it could be in a position to do something that the County cannot do until 9/1/06. He said that their research has revealed that a lot of Counties and some municipalities are deciding not to do this or are still in the process of making a decision. Commissioner Franck said we should determine what the County is doing and be ready to have a special meeting accordingly. Commissioner McCabe said he wanted to establish an open discussion on this topic without rushing a decision. Open Space Bond Act This item was pulled from the agenda and not discussed. Page 24 of 27 City Council meeting Tuesday, June 6, 2006 Parking Decks Commissioner McCabe pulled this item from his agenda because it was previously discussed under the Public Works agenda. Tax Parcel Resolution (06-113) Commissioner McCabe said that the Council must approve a resolution to cancel tax liens on certain parcels with the City of Saratoga Springs that were acquired by the City or by New York State. He said the properties are no longer on the tax roll so the liens cannot be enforced and must be cancelled, which the City Council is authorized to do by the Real Property Tax Law. He said this is a routine, on-going review. Commissioner Matthew McCabe moved and Commissioner John Franck seconded for City Council approval of the following resolution of the cancellation of tax liens: WHEREAS, certain tax parcels within the City of Saratoga Springs were acquired by the City and by the State of New York, as identified on the schedule of unenforceable tax liens attached hereto; and WHEREAS, the City of Saratoga Springs has the power to enforce the collection of delinquent taxes; and WHEREAS, such parcels are exempt from taxation pursuant § 404 and § 406 of the Real Property Tax Law and the liens thereupon cannot be enforced; and WHEREAS, § 4.1.6 of the Charter of the City of Saratoga Springs and § 558(3) of the Real Property Tax Law (“RPTL”) provide for the cancellation of void taxes and tax liens by the Commissioner of Finance upon direction of the City Council; NOW THEREFORE BE IT RESOLVED, that the City Council of the City of Saratoga Springs hereby directs the cancellation of those tax liens set forth on the attached schedule. Ayes all Announce Budget Presentation Commissioner McCabe announced that the Budget Presentation using the 2006 Budget will be held Tuesday June 27 from 7:30 to 8:30 p.m. in the Community Room at the Saratoga Springs Public Library. PUBLIC SAFETY DEPARTMENT National Incident Management System (NMS) Training Commissioner Kim said that NMS training is sponsored by FEMA and the idea is that all entities would be certified by September 30, 2006. He said that most of the compliance requires each Department to participate in Web page training. He said that the City’s training is ICS 700 and ICS 100 and the Department of Public Safety needs to determine how they want to conduct this training. He said the only budgetary issue is that it would take staff time. Commissioner Kim indicated that there is an implication that future support from FEMA and Homeland Security is contingent upon the City’s completing this training. Page 25 of 27 City Council meeting Tuesday, June 6, 2006 Approval of Health Officer Contract (06-114) Commissioner Ron Kim moved and Commissioner Thomas McTygue seconded for Council approval of the contract of Dr. Paul Okosky as the City’s Health Officer in the amount of $10,000 for the year 2006. Commissioner Kim said that this is a charter-mandated position and the money is in the budget. Ayes all Privately Owned parking lots for the Saratoga Racetrack Commissioner Kim said that the City Council is not being asked to vote on this tonight and the public hearing will be kept open until the next scheduled City council meeting of June 20, 2006. Fire Chief and Assistant Fire Chief Contract Commissioner Kim said that based on the Executive Session discussion, he is scheduling a workshop for the City Council to review and discuss the labor contract for the Fire Chief and the Assistant Fire Chief for June 13 at noon. The Council decided to hold a Special City Council at noon on June 13 for general discussion and possible vote on the gasoline sales tax and then an executive session would be called for an extended workshop regarding the labor contracts. Waveland Miss. Commissioner Kim said that he toured the area of Waveland Mississippi and he was amazed how devastated the area is after Hurricane Katrina. HE said he knows that the Mayor has invited the Mayor of Waveland to visit the City of Saratoga Springs. He asked the City Council to envision having only the stairs of City Hall remaining in the entire downtown. He said that our City should morally do anything possible to assist the people of Waveland. He said that more information would be forthcoming on this. COUNTY SUPERVISORS Supervisor Keyrouze said she was invited to a regional planning meeting in Albany today with Dave Sampson from the League of Conservation Voters and others and the meeting was based on the topic of retiring baby boomers and the effect it will have on the capital district and on Saratoga County. She has brought back information on the topic to give to the Planning Board. She said she and Supervisor Yepsen have met with the Clifton Park Water Authority and it was a meeting for the water authority to explain why they believe it is necessary for them to have a four out of 7 member majority of representatives on the Board of the Saratoga Water Authority. She said they believe they will be the largest users and if something went wrong with the County plan, they would have the majority on the Board to do what is best for the Clifton Park citizens. Commissioner McTygue said that the Chip Plant in Malta would be the largest user and if there is no chip Plant, the water project would never be built because the County has stated that they need the Chip Plant as a customer. Supervisor Yepsen said that it would benefit Clifton Park if Barton & Loguidice could give tonight’s presentation to them because information presented differs widely from the information they are getting from the County. Commissioner Kim asked when the Saratoga County Plan is going to be called the Clifton Park water plan because it is no longer a regional water plan, it really concerns only Clifton Park but taxpayers all over Saratoga County are going to [fiscally] support it. Commissioner McTygue said that Clifton Park residents pay almost six times the rate that the residents of Saratoga Springs pay Page 26 of 27 City Council meeting Tuesday, June 6, 2006 so he can see why they are interested in the plan. He said that they have a larger population than Saratoga Springs they should be building their own water filtration plant and provide for themselves. Supervisor Keyrouze said that Saratoga County has received the most money of ten counties in the State for child support collection. Supervisor Keyrouze announced that a meeting of the Advisory Committee on Transportation will be held Thursday June 8 at 7:00 p.m. in the community room of the public library. ADJOURNMENT In that there was no further business to discuss, Mayor Valerie Keehn moved and Commissioner Ron Kim seconded to adjourn the meeting at 11:27 p.m. Ayes all Respectfully submitted, Adopted: Nancy Wagner Clerk Page 27 of 27