City Council

City of Saratoga Springs City Council Meeting Minutes Tuesday, June 20, 2006 CITY OF SARATOGA SPRINGS CITY COUNCIL MEETING CITY COUNCIL ROOM TUESDAY, JUNE 20, 2006 6:30 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 ABSENT : Joanne Yepsen STAFF PRESENT : Lynn Bachner, Deputy Commissioner Finance Michele Boxley, Deputy Commissioner Accounts (arrived: 8:00 p.m.) Pat Design, Deputy Commissioner Eileen Finneran, Deputy Mayor Michael Englert, City Attorney Tony Izzo, Assistant City Attorney PUBLIC HEARING East Side Track Parking Mayor Valerie Keehn opened the public hearing. Rose Tait, Lincoln Avenue, questioned the advertising of this ordinance and whether there was a legal notice. She said many of the neighbors would not know of this proposed change if there had not been an article in the local newspapers by reporters. She asked about enforcement and who would do it and whether the ordinance would really be enforced. She asked if other streets that are on the East Side but not as near to the track would also be under the same rules and would they be ticketed. She questioned whether the City has the manpower to enforce this ordinance and will it add to the overtime budgets. She also said there had been three drafts of this ordinance over the last five weeks and it was difficult to know which was the most current. Frank Rossi, 46 Wright Street, asked if it would be necessary to file an application for a parking plan on private property. Commissioner Ron Kim said no. Lloyd Mezenzo, Glen Drive, asked for clarification on the three feet. Commissioner Ron Kim said where there are no sidewalks, there will be lines drawn showing a three foot buffer which will allow a walkway for the pedestrians. If there are sidewalks, cars will simply not be allowed to park on them. Parking on individuals private lots is still allowed. The penalty will be the normal ticketing penalties leading up to towing of the vehicle. Clem Marino, 35 Jackson Street, said this issue needs to be addressed, however, he did not support this three foot proposal. He said this is a track issue and not a local municipality matter. He said that this should be looked at from a citywide perspective. He also questioned that once the City puts such an ordinance into effect and then does not enforce the ordinance, where was the City’s liability. He suggested that another layer of risk and liability was being added for the City. Tony Izzo said there was one minor typo in the draft, which would be corrected. There being no one else wishing to speak, Mayor Valerie Keehn closed the public hearing. Capital Budget Amendment – Interactive Spray Fountains 1 of 11 City of Saratoga Springs City Council Meeting Minutes Tuesday, June 20, 2006 Mayor Valerie Keehn opened the public hearing. Commissioner Thomas McTygue said his department has incurred $19,492,16 in expenditures repairing the four interactive water play fountains to bring them up to NYS DOH standards. He requested that the capital budget program be amended to add this amount to pay for these repairs. The money would come from the subdivision recreation fee account. There being no one else wishing to speak, Mayor Valerie Keehn closed the public hearing. Water and Sewer Rates – Interlaken Mayor Valerie Keehn opened the public hearing. Commissioner Thomas McTygue said that DPW is proposing a flat rate usage fee for the water and sewer rates at Interlaken. There will be no change to what customers are paying. The funding and bonding for this project remains the same. There being no one else wishing to speak, Mayor Valerie Keehn closed the public hearing. CALL TO ORDER Mayor Valerie Keehn called the meeting to order at 7:00 p.m. PRESENTATIONS Marking Committee – Team Saratoga Jennifer Leideg, chair of Team Saratoga, thanked City staff and members of the committee for all of their hard work on this matter. The charge to the committee was to create a master list of commercial properties and to recommended business and organization uses that would compliment the downtown area. They submitted a list of short/long term recommendations and recommendations on revenue streams. She then reviewed with Council members the results of the survey as follows:  There was a 4.6 response rate  1,308 returned the City  1,070 were from the 12866 zip code  The average length of residence in Saratoga Springs was 19 years  The outreach program included leaving information at the library, website, street corner polling, visiting neighborhood associations and media coverage  The City is best described as “health, history and horses” with 22 percent and 27 percent concerning with having a vibrant downtown and the “city in the country”  The best way to connect Broadway and Beekman Street is a reconstructed pathway  Most believe that the City has successfully promoted itself, but some thought the City should reconnect with its history.  Other types of events that should be held in the City: International food festival (62 percent)  Designated pedestrian zones: 62 percent believe there should be designated pedestrian zones with better crosswalks and connecting Broadway and Beekman Street  Paid parking was almost an even split, however, most were open to the idea of having paid two hour parking.  Most frequently requested businesses were high end supermarket, intown movie theater and restaurant  Other businesses requested: men’s retail, fabric store, shoe repair, high tech businesses, professional businesses, office supply store, electronics store and department store. Cathy Hamilton said there was also of discussion on chain vs. non-chain stores. Most did not want chain stores. They wanted to maintain the charm/flavor of Saratoga Springs with the mom/pop type style establishments. She discussed this with the Chamber and found that most chain stores are looking for 2 of 11 City of Saratoga Springs City Council Meeting Minutes Tuesday, June 20, 2006 between 3,000 and 10,000 square feet of space with 10 foot ceilings. There are relatively few places in the downtown that fit that description, so it’s unlikely that more chain stores will be in the downtown area. They could, however, be located in places such as Ballston Avenue, West Avenue and South Broadway. Recommendations to the Convention & Tourism Bureau: draw more weddings, international health and wellness conventions, culinary tourism, etc. Recommendations to the City: public restrooms, more bike friendly, more pedestrian friendly, consistent signage and more parking. Other recommendations: a potato chip museum and outdoor baths. Commissioner Matthew McCabe thanked the committee members for their work. He said that he recently was contacted by two investment banking firms on bringing some types of businesses to the downtown area. He also said this presentation could be made at other organization meetings such as the SAD, DBA, Chamber, etc. Waterfront Committee Larry McGourty and Gerry Magoolaghan, co-chairs of the Waterfront Committee, presented their recommendations from their meeting to the Council. Gerry Magoolaghan said this committee met twice a week and has produced both long and short term recommendations as well as possible revenue streams. The three short term goals include: secure site & perimeter, demolition & debris removal and site clean up. Secure site and perimeter: landscaping/fence to secure property $10,000, signage for rules $1,000 and securing and mothballing of the remaining buildings $2,000. He said there is liability if the site is not secure. The former restaurant building is in good shape but needs to be made secure. The building on the top of the hill could be used for Recreation Department staff or DPS personnel so that building needs to be made secure as well. Demolition & debris removal: Tree trimming & removal $3,000; asbestos removal $20,000, demolition of five buildings $28,000 and removal of debris/rubble, $5,000. The cost of this demolition has been somewhat reduced because the DPW will do most of the work. Clean up the site: drainage improvements $6,000, shoreline clean up $1,000 and benches and tables $3,000. There is a natural spring on the mid level that drains to the picnic area. There needs to be some rerouting of the drainage. Proposed uses for 2006: picnicking, canoeing, kayaking, fishing and sight seeing. The site is not yet safe for swimming. Long term recommendations: relocate a portion of the lower level parking lot, rehab the former restaurant and security office. Other long term recommendations: stabilize the slopes, repair the main shoreline, clean the shoreline below the water surface and rehab the buildings. There also needs to be some soil evaluations, topography survey, design consults and construction drawings. Other recommendations: fire places/grills, bringing in sand to create a beach, installation of swimming ropes/buoys, swimming platform, canoe/kayak /bike racks. Revenue streams: daily user fees, rental of row boats/kayak/canoes, snack bar concession building rental, renting out the picnic areas and winter boat storage. Policy/procedure: residents pass (no fee) then pay a daily user fee, dedicated staffing, dawn to dusk usage, no animals, no alcohol, no glass, no motorized vehicles, swim at your own risk when there is no lifeguard and create a separate and specific line item for the water front revenues/expenditures. Gerry Magoolaghan said the next step is for the Council to approve the short term goals. They believed that most of the expenditures fell within the bond act perimeters, therefore, recommended that bond act money be used. They also requested authorization that this committee be allowed continue as an oversight committee. 3 of 11 City of Saratoga Springs City Council Meeting Minutes Tuesday, June 20, 2006 Council members commended the committee for their quickness and thoroughness in their work. Epiphany Theater Company Amy Kaissar, co-founder of the Epiphany Theater Company, said this company is dedicated to working with early career artists. They have produced plays ranging from Shakespeare to urban dance. Two years ago they were in New York City but found that it was not the right fit for them. After much research, they have chosen Saratoga Springs as their home. This is a professional theater company. There is a void in this area for year round professional theater. Exposure to theater and education are large components of their program. They will have pay what you can nights, singles nights, babysitting nights, etc. Education programs will include classroom, debates, and lectures. Their first production, Doll House, will be October 18 to November 18 at the BOCES Theater. Amy Kaissar said that statistics show that theaters around the country have a significant impact on the community. Their first season has a budget of $300,000. The economic impact to the community is three times that amount through hotels, shops, restaurants, etc. There has already been a mailing of 13,000 flyers to homes on this program. People come to New York for its substantial cultural offerings and they spend money when they are here. They need to raise $70,000 by the end of August to make this production happen. They also need donations of lumber, catering services, printing, flowers, etc. They are also looking for sponsorship from local business. This is a community wide effort. They want to be in Saratoga Springs, but they need help in doing so. This is a great community with committed citizens. This theater will compliment the other theater programs in the community and there will be collaboration with the other local theater companies. She said the pressure is on and she hoped that the community would support their efforts. PUBLIC COMMENT PERIOD Mayor Valerie Keehn opened the public comment period. Rev. Jay Eckman, Presbyterian Church and President of the Saratoga Housing Improvement Project, said that several years ago, Commissioner Edward Valentine, he and a small group of other individuals took up the cause on affordable housing and the homes on South Franklin Street were construction. He said that the Council should think of this a global warming. There is not perfect solution but any solution is better than nothing. He said that he recently cam across a newspaper form 1988 where civic groups were calling for affordable housing. There was also a report made to the Council in 1990 from Sam Aldrich on affordable housing. He said it was time for the Council to “fish or cut bait” It was time for the Council to have the courage to take a stand against special interest groups and make meaningful efforts in the workforce housing area. He said it was time for the Council to stand and make this decision so that residents know where they stand. He said that if the Council is not interested in workforce housing they should say so. David Bronner, 5 Royal Henley Court, said that the presentation at the last Council meeting by Barton and Loguidice failed to mention a lot of facts. They failed to mention that the water project cost of $17.9 million needs to be bonded at 4 percent so the cost increases to $30 million. They also failed to mention that the problems and the upgrading of equipment that are necessary for the County project will also be likely for the City project. He said the presentation was incomplete. Commissioner Thomas McTygue suggested that David Bronner stop by his office any day and a thorough discussion could be held with him on the facts of this project. Kyle York, 59 Railroad Place, said that he sent a letter to the local newspapers concerning the letter from the politician from Clifton Park. In that letter he said that politician took a cheap shot at the Council. He said that the Clifton Park water authority administrator claims the upper Hudson is a high quality source of water. The facts are though that the claims of contamination of the water come for DOH and DEC. The area has been designated as a level two hazard area. There are mercury warnings. There are PCBs in the water from the paper mills that operated for many years. The full facts on contamination can be obtained from both DEC and DOH. Phil Diamond, 29 Waterview Drive, agreed with Jay Eckman said that there needs to be serious thought given to the Omni Development project that is to be located next to Stonequst. He said that the Council cannot stand behind the zoning laws. The City needs workforce housing. 4 of 11 City of Saratoga Springs City Council Meeting Minutes Tuesday, June 20, 2006 Robert Gallit, 9 Garside Road, President of the Green Acres Association, said that the waterfront committee addressed all of their concerns on the water front property and they support the recommendations. Kristine Healy Bolini, Jefferson Street Association, commended the Planning Board and the council on their discussions for the lead agency status of the proposed Saratoga Gaming and Raceway expansion project. They want to protect their neighborhood and the Raceway is trying to bypass the city’s rules. The Planning Board should be the lead agent on this matter. There are traffic, safety and crime issues that need to be addressed. Raceway officials have contacted the local bingo halls requesting that for a fee, they stop playing bingo. This is about their neighborhood and this community. She will be bringing for a petition on this matter requesting that the Planning Board be the lead agent. There being no one else wishing to speak, Mayor Valerie Keehn closed the public comment period. MAYOR’S DEPARTMENT Comprehensive Plan Review Committee (06-115) Mayor Valerie Keehn announced the formation of the Comprehensive Review Committee with the following members: Gordon Boyd, J. Martin Caravano, Manuel Choy, Gene Corsale, Camille Daniels, Amy Durland, Steve Ethier, Jim Gold, Nancy Goldberg, Debbie Kwazneski, Marjorie King Martin, Dan Neary, Bill Stanley, Barbara Trypaluk and Rich Martin. Mayor Valerie Keehn moved and Commissioner Matthew McCabe seconded to approve the members of this committee. Commissioner Thomas McTygue said he had not had time to review the list and requested that it be brought back to the next Council meeting. After some discussion it was determined that a vote was not necessary and the motion was rescinded. Workshop on Downtown Building Heights Mayor Valerie Keehn announced that the workshop on downtown building heights would be held on June 22 at 7:00 p.m. at the library. Quarterly Meeting Land Use Boards Mayor Valerie Keehn announced that the next quarterly meeting of the land use boards would be held on June 26 at 7:00 p.m. in the music hall. The meeting will be facilitated by Mark Schachner. There will be a downtown walking tour on Saturday, June 24. The Planning Board will also be attending a meeting on June 21 at 11:00 a.m. at the Corning Tower in Albany on the Racino expansion. Oil Paintings from Maxine Tucker (06-116) Mayor Valerie Keehn moved and Commissioner John Franck seconded to approve the following resolution: WHEREAS, Maxine Tucker, Saratoga Springs, New York, has generously offered to loan artwork to the City of Saratoga Springs to be displayed to the public in City Hall; and WHEREAS, the City of Saratoga Springs is willing to accept said loan in the public interest and for the public wood; NOW, THEREFORE, be it resolved as follows: 1. The City of Saratoga Springs accepts the loan for the months of July, August and September 2006 of three (3) oil paintings, described as follows: a. Two 42”x54” paintings depicting the Baptist Church on Washington Street. The Council noted that said paintings are valued by Ms. Tucker at $1,500 each. b. One 42”x42” painting depicting the Baptist Church on Washington Street. The Council notes that said painting is valued by Ms. Tucker at $800. 2. The above mentioned paintings will be publicly displayed in the Office of the Mayor in Saratoga Springs City Hall. 5 of 11 City of Saratoga Springs City Council Meeting Minutes Tuesday, June 20, 2006 3. Ms. Tucker agrees to execute and deliver to the City a hold harmless agreement, on a form approved by the City Attorney and the Risk & Safety Manager, holding the City harmless for any damage caused to said paintings during the period of the loan. 4. This Council expresses its thanks and appreciation to Ms. Tucker for this generous loan to the public. Ayes all. Change of City Council Meeting Date Mayor Valerie Keehn announced that the next Council meeting would be held on July 5 with no precouncil meeting. Anderson Article 78 Michael Englert reported that the NYS Court of Appeals upheld the Appellate Court decision on the Anderson Article 78 decision. Therefore, this case is closed. Waterfront Property Commissioner John Franck said there had been some concerns expressed by the City’s insurance carrier, Trident, that the City not handle boat rentals at the new water front property. He said other proposed uses were fine. The additional liability coverage will cost the City approximately $5,000/year. He said the waterfront area could be used as a launch site, but rental of boats was not recommended. Commissioner Thomas McTygue said the Council should add this item to the agenda for a vote to allow the City to go out for an RFP on the asbestos abatement. This is a liability for the City and it needs to be addressed. The Council needs to establish a budget. Commissioner Thomas McTygue moved and Commissioner Ron Kim seconded to establish a budget for the City to move the project forward. The amount should be $65,000 and it would take care of the short term recommendations. Commissioner Matthew McCabe said he planned to place this item on his agenda. He was going to propose that $50,000 be added to this line item. The previous motion was rescinded. Commissioner Thomas McTygue moved and Commissioner Ron Kim seconded to add this item as a vote to Finance agenda. Ayes all. Commissioner Matthew McCabe asked about bringing sand in and it washing away. Jeff McGoughlahan said they are proposing that a portion of the parking lot be used as the beach and not to dump the sand into the lake. If dumped into the lake, it would likely wash away. Mayor Valerie Keehn reminded everyone that this parcel is one of the parcels that was recommended by the Open Space Committee. She said that committee needs to be revived to review these issues. Commissioner Thomas McTygue asked for a list of members of that committee. ACCOUNTS DEPARTMENT June 13, 2006, Meeting Minutes Commissioner John Franck moved and Commissioner Matthew McCabe seconded to approve the June 13, 2006, meeting minutes. Ayes all. Consent Calendar Commissioner John Franck said that in an attempt to streamline the agenda he is proposing a consent agenda. That agenda would list items, that were determined at the pre-council meeting to be appropriate items for the consent agenda, and that agenda would be approved in one motion. He said that examples of items to be on 6 of 11 City of Saratoga Springs City Council Meeting Minutes Tuesday, June 20, 2006 that agenda included: minutes, awards of bids, payroll, warrants, amendments, etc. He said Council members would have the ability to pull any item off of that agenda at the Council meeting for discussion. Council members agreed to try this out at future meetings. If it seems to work, then the Council’s Rules of Conduct would be changed to include this consent agenda. FINANCE DEPARTMENT Payroll Commissioner Matthew McCabe moved and Mayor Valerie Keehn seconded to approve the following payrolls: June 9, 2006 - $374,036.86 and June 16, 2006 - $353,480.95 Ayes all. Warrants Commissioner Matthew McCabe moved and Commissioner John Franck seconded to approve the following warrants: 2006 Regular Warrant 6/20/06 2JUN06 $2,898,585.51 2006 Mini Warrant 6/14/06 MC1JUN06 $ 135,758.44 Ayes all. Commissioner Matthew McCabe said the warrant included $1.8 million for the second quarter payment of county taxes and $597,000 for the county sewer payment. Transfers – Payroll, Regular Commissioner Matthew McCabe moved and Commissioner Ron Kim seconded to approve the payroll and regular transfers as presented (Attachment A). These transfers have met the transfer guidelines. Ayes all. Budget Amendments Commissioner Matthew McCabe moved and Commissioner Ron Kim seconded to approve the budget amendments as presented (Attachment B). These amendments have met the amendment guidelines. Ayes all. Finance Policy & Procedure Manual (06-117) Commissioner Matthew McCabe moved and Mayor Valerie Keehn seconded to adopt the revised Finance Policy and Procedure Manual as previously circulated. Ayes all. Budget Presentations Commissioner Matthew McCabe said there will be a budget presentation on Tuesday, June 27 at 7:00 p.m. at the library. 2007 Budget Call Letter Commissioner Matthew McCabe said the budget call letters would go out next week. Open Space Bond Act (06-118) Commissioner Matthew McCabe said the City has made several purchases of open space including the Corcoran parcel at $275,000, Brust parcel at $500,000, Ten Spring Woods at $250,000, the Egar/Baker parcel at $39,000 and the water front parcel at $2.1 million totaling nearly $3.2 million. He said that some grants have been received at $76,400 and more are being applied for. At this point there should be some thought given to slowing down purchases and using the remaining funds to leverage additional funds. The City now needs to manage these open spaces. 7 of 11 City of Saratoga Springs City Council Meeting Minutes Tuesday, June 20, 2006 Open Space Budget Amendment Commissioner Matthew McCabe moved and Commissioner Ron Kim seconded to amend the 2006 budget to allow for the following increases: revenue line H131-45710-1075 increased by $50,000 and expense line H3517024-54720-1075 increased by $50,000. These funds will come from the Open Space Bond Act Funds. These funds will bring the Open Space Bond Act fund money to be used for improvements to the waterfront property. Expenditures for this purpose will be made only upon specific authorization of the City Council pursuant to Section 110-6 of the City Code. Ayes all. DEPARTMENT OF PUBLIC WORKS Interlaken Commissioner Thomas McTygue said there is a savings of $22,575 on the well drilling at Interlaken. 2006 Capital Budget – Interactive Water Play Fountains (06-119) Commissioner Thomas McTygue moved and Commissioner Ron Kim seconded to amend the 2006 capital program budget to add $19,492.16 for the repair of the four interactive water play fountains. The money will come from the subdivision recreation accounts. The City Attorney has reviewed this. Ayes all. Water & Sewer Rate Resolution – Interlaken (06-120) Commissioner Thomas McTygue moved and Commissioner John Franck seconded to adopt the water and sewer resolution as presented (Attachment C). Ayes all. Care Environmental Agreement – Hazardous Waste Day Commissioner Thomas McTygue moved and Commissioner Matthew McCabe seconded to authorize the Mayor to sign the agreement with Care Environmental for hazardous waste day to be held on October 7, 2006. The money is in the budget from a grant received from the first hazardous waste day. The City Attorney and Risk & Safety Manager have reviewed this material. Ayes all. Cast Iron Lion Repair Commissioner Thomas McTygue moved and Commissioner John Franck seconded to approve the repairof the cast iron lion with Todd Gowings of Ohio in the amount of $2,400. There will also be an additional expense of sending a man to Ohio to deliver the lion and return to pick it up. This is contingent upon the Risk & Safety Manager reviewing the matter. Ayes all. Carousel Budget Commissioner Thomas McTygue moved and Commissioner John Franck seconded to approve that funds from the carousel reserve account be moved to the carousel budget as follows: $9,000 into labor, $1,000 into overtime, $500 into materials and $500 into professional services. Ayes all. Broadway Parking Signs Commissioner Thomas McTygue said that after discussions with DPS personnel they have determined that they now need 24 signs rather than 12 signs increasing the cost from $3,575 to $5,400 for the signs, $1,500 for the brackets and $500 for contingency. Council members expressed concern that the threshold of $5,000 had been crossed, thereby requiring the bidding process. Commissioner Thomas McTygue moved and Commissioner Ron Kim seconded to waive the bid to AJ Sign in the amount of $5,400. Also the additional cost of $1,500 for the brackets and $500 contingency. The funds are to come from the parking solutions fund. Ayes all. 8 of 11 City of Saratoga Springs City Council Meeting Minutes Tuesday, June 20, 2006 Commissioner Matthew McCabe disclosed that the vendor is married to one of his employees. Mayor Valerie Keehn said that although the City’s charter allows for waive of bids, she questioned whether it was good government practice. Commissioner Thomas McTygue said that waiving the bid gives the City some flexibility and it also, in some cases allows the City to save money. Michael Englert, City Attorney, said that under state law, bids cannot be waived, however, the City has the waive of bid clause in the charter and it was grandfathered in under state provisions. He respectfully disagreed that it can save the City money. He said that in some instances, it can cause problems and then gave the example of the boat launch project last year where the bid was waived and now the state will not provide the funds because the waive of bid process was used. Commissioner Thomas McTygue said that was not a City project. Commissioner Ron Kim said he was struggling with what the charter allows and the consequences of using the waive of bid process. Commissioner John Franck said when it is in the best interest of the municipality the waive of bid process is available. Commissioner Matthew McCabe said he believed the Council was acting responsibly in this matter. Commissioner Thomas McTygue asked for more information on the boat launch issue and why the state is not willing to reimburse the money. He said it was the first time he was hearing of this matter. Mayor Valerie Keehn said it has been discussed at the deputy commissioner’s meetings. Michael Englert said it had not been discussed at the Council table because it required no action. He said the state requires the competitive bidding process and the City waived the bid. Shelters of Saratoga – Donation Commissioner Thomas McTygue moved and Mayor Valerie Keehn seconded to accept the donation from of all materials and manpower to clear the lot behind the Shelters of Saratoga building on 14 Walworth Street and the picnic table and gazebo in the amount of $3,600. Ayes all. DEPARTMENT OF PUBLIC SAFETY East Side Track Parking Ordinance (06-121) Commissioner Ron Kim moved and Mayor Valerie Keehn seconded to adopt the following ordinance: AN ORDINANCE TO AMEND CHAPTER 225 OF THE CODE OF THE CITY OF SARATOGA SPRINGS, NEW YORK,ENTITLED “VEHICLE AND TRAFFIC ”. BE IT ORDAINED by the City Council of the City of Saratoga Springs, New York, as follows: SECTION 1. Section 225-19 of the City Code, entitled “Vehicle and Traffic-Parking Prohibited Certain Hours ”, is hereby amended as follows: “§225-29 Parking prohibited certain hours A. No person shall park a vehicle between the hours specified in Schedule XIX (§225-84) of any day, unless otherwise indicated, upon any of the streets or parts of streets described in said Schedule XIX, attached hereto and made part of this Chapter. B. No person shall park, or cause to be parked, any vehicle between the hours specified in Schedule XXXI (§225-96), either on a sidewalk or within three (3) feet of the streets or pavements described in Schedule XXXI. The Commissioner of Public Safety shall have authority to designate, by appropriate signage and/or pavement and ground markings, the area in which said parking is prohibited. SECTION 2. A new Section 225-96 (Schedule XXXI) of the City Code is added to read: “§225-96. Schedule XXXI: Parking prohibited certain hours within designated areas In accordance with the provisions of §225-29(B), no person shall park, or cause to be parked, any vehicle between the hours specified either on a sidewalk of within three (3) feet of street or pavement: Name of Street Side Hours/Days All streets or parts thereof east Both 8:00 a.m. to 6:00 p.m./all days 9 of 11 City of Saratoga Springs City Council Meeting Minutes Tuesday, June 20, 2006 of Broadway, except those except Tuesdays, during the Saratoga designated as “Lane” or “Alley”. Thoroughbred Racing Meet each year SECTION 3. This ordinance shall take effect the day after publication as provided by the provisions of the City Charter of the City of Saratoga Springs, New York. Mayor Valerie Keehn asked if their ordinance superceded other ordinances. Commissioner Ron Kim said this was an amendment to the existing ordinance. Commissioner John Franck said he did not support this amendment. He did not believe that it was fair and consistent. He said there is already V&T law and asked if this would supercede the V&T law. Who will enforce this ordinance and what will it cost to enforce. He asked if outside of the time limits was it okay to park within the right of way. He asked if this did increase the City’s liability now that there is an ordinance. He believed it is an education issue rather than legislative matter. Commissioner Ron Kim said both the police department and code enforcement office would administer this ordinance. Code enforcement will mark the areas. There are currently no walkway areas for pedestrians where there are no sidewalks. The public safety issues outweigh everything else. Education is important and they have tried to do so through the development this ordinance. He said the City should be thinking about an amnesty program. Commissioner John Franck said this was spot enforcement. He said it would be more prudent to take a step back and take a comprehensive look at this matter. Commissioner Ron Kim said this amendment addresses the issues for the racing season. Tony Izzo said case law shows that the lack of enforcement of the municipality’s ordinances does not create additional liability. Commissioner John Franck asked if there was any liability for the City that because we may not have enforced this matter and now choose to enforce it, was there increase liability. Tony Izzo said he was not aware of any case law on that point. He said there is existing V&T law on this matter. Commissioner Matthew McCabe asked for clarification on public access vs. public right of way. Tony Izzo said right of way is an easement that an individual has a right to use the piece of land until the public needs it. Public access is similar to a public place where people may gather and there is public access. Ayes: four; Nays: one (Commissioner John Franck). Motion carried. Fire Administrators Contract (06-122) Commissioner Ron Kim said there have been several meetings on this contract. They have not had a contract for 2004 and 2005 and this plays catch up. The proposed contract is for 2004-2008. The increase for years 2004 and 2005 are at 4 percent and years 2006-2008 at 1, 1 ½ and 2 percent. There is also parity with the police administrators contract for 2006. The total cost of the contract is $43,000. There will also be no more overtime allowed for the fire administrators. Commissioner Ron Kim moved and Commissioner John Franck seconded to authorize the Mayor to sign the Fire Administrators contract. Mayor Valerie Keehn said it was amazing to her that the Council approves the spending of large sums of money for equipment and other items for the City with little or no discussion yet when it comes to contracts there are lengthy, detailed discussions. She commended Commissioner Ron Kim and City staff for a contract well done. She said she understood the purpose of obtaining parity between this contract and the police administrators. Commissioner Ron Kim said this contract was completed without incurring any legal costs to the City. The contract was negotiated among City staff as a team approach and it was a contract well done. Ayes: four; Nays: one (Commissioner Matthew McCabe). Police Exemplary Performance 10 of 11 City of Saratoga Springs City Council Meeting Minutes Tuesday, June 20, 2006 Commissioner Ron Kim said that over the weekend, due to the public events, there were more than 85,000 additional people in this City. He said the police department was able to handle the crowd with minimal impacts. There was a high visibility of police officers. Unfortunately there were two police vehicles damaged, but no one was hurt. He said it was a great testimony to their work that with this many additional people in the City there was minimal impact to residents. SUPERVISORS Cheryl Keyrouse Committee Updates: Cheryl Keyrouse said she has information on the County’s Insurance & Risk Management self insurance fund and health insurance. If any one wishes a copy they should see here. The County’s Equalization and Assessment Committee is considering the living quarters for grandparents exemption. The roundabouts in Malta require an additional $27,000 in funds for construction plans. There will be 20 miles of highway throughout the county reconstructed. In the City those roads are Brook Road and County Road 64. Recycling revenues are up by 16 percent. County Tax Resolution: Cheryl Keyrouse said that Board passed Resolution #151 which authorized the chair to spend an additional $294,529 for additional environmental review work in connection with the County water project. She did not support the motion. The Board also approved home rule legislation on reforestation for the county water treatment plant. She did not support that motion. There was also another resolution on Local Law #6 which changed the sewer billing procedures for the cities. She said they should have stayed with the existing billing procedures. The County also passed a resolution capping the sales tax on gasoline at $2/gallon. Moving Wall: Cheryl Keyrouse said the moving wall was a great success. Transportation Meeting: Cheryl Keyrouse said there was low turnout at the transportation meeting, however, the people were enthusiastic. She will continue these meetings and hoped to have a mission statement and a name for the committee at the next meeting. Other: Commissioner Matthew McCabe suggested that there be some conversations with the County on asking the County to pay for some of the public safety issues during special events. Cheryl Keyrouse said she would facilitate any meeting between a Council member and Sheriff Bowen. PUBLIC COMMENT PERIOD Mayor Valerie Keehn opened the second public comment period. There being no one wishing to speak, Mayor Valerie Keehn closed the second public comment period. ADJOURNMENT Mayor Valerie Keehn moved and Commissioner Matthew McCabe seconded to adjourn the meeting at 9:40 p.m. Ayes all. There being no further business, Mayor Valerie Keehn adjourned the meeting at 9:40 p.m. Respectfully submitted, Kathy Moran Approved: Clerk 11 of 11