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City Council

Regular Meeting

Saratoga Springs, NY · July 5, 2006

AgendaMinutes

Minutes

City of Saratoga Springs City Council Meeting Minutes Wednesday, July 5, 2006 CITY OF SARATOGA SPRINGS CITY COUNCIL MEETING CITY COUNCIL ROOM TUESDAY, JULY 5, 2006 6:45 P.M. PRESENT : Valerie Keehn, Mayor Commissioner John Franck, Accounts Commissioner Ron Kim, DPS Commissioner Matthew McCabe, Finance Commissioner Thomas McTygue, DPW SUPERVISORS: Joanne Yepsen ABSENT: Cheryl Keyrouze STAFF PRESENT : Lynn Bachner, Deputy Commissioner Finance Michele Boxley, Deputy Commissioner Accounts Eileen Finneran, Deputy Mayor Michael Englert, City Attorney Tony Izzo, Assistant City Attorney PUBLIC HEARING 911 Address Changes Mayor Valerie Keehn said this public hearing was continued from a previous Council meeting. Commissioner Ron Kim explained that Paul Male and Barbara Johnson would do a power point presentation on this matter. There are two parts to this proposal. The first is changing the street names which is what the public hearing was about this evening. The second is about numbering. Paul Male said that tonight’s public hearing was about numbering. The second issue is about street names. Commissioner Ron Kim said names were about changing street names to what the residents are using, i.e., Reservation Drive to Reservation Avenue. The street sign already says Reservation Avenue and the residents are using Reservation Avenue, however, in the code it is referred to as Reservation drive. He said the numbering was a more involved issue. Paul Male said the public hearing tonight was on numbering this evening. Street names were for another meeting. He said they were two separate issues. Commissioner Thomas McTygue said there are some concerns from residents on changing their house numbers. It was agreed to leave the public hearing open until after the presentation by Paul Male and Barbara Johnson. Paul Male said that the whole topic would be more clear after their presentation. Norstar Development Zoning Amendment Mayor Valerie Keehn said this is a continuation of a public hearing on the Norstar Development Zoning Amendment at 46 Union Avenue from Institutional/Educational to UR-4. She then opened the public hearing. There being no one 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. Mayor Valerie Keehn reviewed the order of the agenda noting that there would be some changes. She also informed those individuals here this evening on the Racino matter that tonight she would set the public hearing. The matter could be addressed under the public comment period, however, it might be more appropriate to wait for the public hearing. 1 of 13 City of Saratoga Springs City Council Meeting Minutes Wednesday, July 5, 2006 ACCOUNTS DEPARTMENT Norstar Development Zoning Amendment Matthew Jones reviewed the process noting that the original application was seen by the Council in March 2006, the applicant met with the neighbors on March 31, on April 26 the Planning Board issued a favorable advisory opinion, on June 6 the public hearing was opened and then continued to tonight. He explained that the front piece of this parcel borders on Union Avenue and is currently zoned Institutional/Educational. The rear portion of the parcel is on White Street and is zoned UR-4. Much of the land around this parcel, along Union Avenue, is zoned UR-4. Therefore, they are requesting rezoning to be more consistent with the neighboring parcels. If rezoned, there could be up to 18 units. Also if approved this evening, they will return to the Planning Board and then to the Design Review Commission. Mayor Valerie Keehn asked if there would be any “affordable” units in this development. Matthew Jones said the current law does not allow for a density bonus for affordable units. If the IZOD proposal was adopted, they may contemplate affordable housing with the density bonus. There could potentially be up to four units that are affordable. Commissioner Matthew McCabe said the Council needs to give some consideration to the tax exempt parcels in the City. He said nearly 41 percent of the properties in the City are tax exempt. There needs to be some discussions with tax exempt property owners on user fees. He reminded everyone that this particular parcel would come off of the tax exempt status and become a taxed parcel. Mayor Valerie Keehn said Saratoga Springs was in the same situation as many other municipalities. Commissioner Ron Kim said his department has collected statistics on services that are provided to tax exempt properties and he would be glad to share that information. Commissioner John Franck said that pursuant to the Council’s request of April 5 the Planning Board reviewed the proposed petition submitted by Norstar Development to change the zoning classification of a .95 acre parcel of land at 46 Union Avenue from Institutional-Educational to Urban Residential-4. The Planning Board reviewed the proposed map amendment at their April 26 meeting. Following the discussion the Planning Board voted 7-0 to issue a “favorable” advisory opinion on the proposed zoning UR-4 map amendment. 1. The Planning Board believes that the proposed change in density is in accord with the Comprehensive Plan designation for this area of the community. The proposed zoning amendment would allow the density of approximately 14 units (approximately 14.5 units per acre). The boundaries of the different land use categories on the “Development Plan” map in the Comprehensive Plan are, by design, flexible and non-precise. The Planning Board interprets that the proposed site is reasonably close and, therefore, compatible with an area designation on the “Development Plan” as High Density Residential-2 (HDR-2). This HDR-2 district permits a density of a 10.0 – 15.0 units per acre. 2. The revised proposed UR-4 designation of this site is in accord with the existing zoning ordinance because the UR-4 zoning designation already exists in the zoning ordinance. Therefore, Commissioner John Franck moved and Commissioner Ron Kim seconded to issue a negative SEQR determination and approve the zoning designation of UR-4. Ayes all. 911 Street Changes Paul Male said address change requests come from several sources including DPS, DPW, Fire, Police, Post Office and the Planning Board. Through a power point presentation, he then showed the existing ordinance and proposed changes. He explained house numbers currently are required to be at 3 inches, however, 911 guidelines required 4 inches. The ordinance requires that the City Engineer’s Office assign numbers and that the Office of the Engineer is the official custodian of the building number address system. There is a penalty of $25 to $100 per week until compliance. Enforcement lies with the Police Department. The official street listing is included in this chapter of the ordinance, however, the list does not include ownership of the street. 2 of 13 City of Saratoga Springs City Council Meeting Minutes Wednesday, July 5, 2006 Paul Male explained that if he is able to work within the specified address numbering range, he does and his office has required homeowners to change their address. However, if the numbers exceed the established range, then he cannot change the addresses. He proposed that the City Engineer’s Office be allowed to extend the ranges to accommodate new house numbers. If the Council does not adopt this proposal, then either the Council would need to approve each address change that extends beyond the existing range, or all existing homeowners would be required to change their address within the range to accommodate new houses. Paul Male explained that this draft language enables the City Engineer to assign the ranges, changes the numbering size from three to four inches, enforcement would be moved to the code administrators and the penalty would be increased to $250 per day. He said it would be unlikely that the penalty would be used. He also informed Council members that after 18 months, the post office will stop delivering mail to incorrectly marked homes, therefore, homeowners generally change their number. Commissioner Ron Kim said his department has brought this request forward as a public safety issue. Recently there was an instance where during an EMS call it was difficult to find the address because of the misnumbering. He said this is not a small town anymore where everyone knows where everyone lives. Paul Male also noted that there are instances when EMS personnel from surrounding towns must come into the City to answer a call and they are not as familiar with the streets, therefore, it makes it difficult to find a home if the numbering is not sequential. Paul Male said most of the time people understand that this is a public safety issue. Commissioner Thomas McTygue said that several months ago there was an issue with White Farms Road numbering and those homeowners did not want their numbers changed. He asked if any one particular street would be changed this evening through this vote. Paul Male said if the Council approves this matter this evening, it will give the City Engineer’s office the ability to expand the ranges. There was no one particular street that would be changed this evening. Commissioner Thomas McTygue said this was also an educational matter. Homeowners need to be made aware of the public safety issues. Paul Male agreed. He said that there are significant problems in numbering out near the lake and it was difficult for EMS personnel to find the homes. Paul Male said it was not his intention to renumber homes on a random basis. These numbering issues are brought to his attention from police, fire, post office and other organizations. Upon review, if there is a problem, numbering could be changed. It is not his intent to make homeowner’s lives more difficult. This will simply create some logic to house numbering. Commissioner John Franck said he was somewhat concerned that the Council was giving up control of this matter. Paul Male said if this is approved, it will simply allow the City Engineer to adjust the ranges. Commissioner John Franck said he was concerned about community outreach. Barbara Johnson explained that when a house is added to a street, if the number that it should be assigned exceeds the existing range, it cannot be added without Council consent. Also if a house is constructed in the middle of the street it could require that the range be readjusted if there is no available number. She explained that depending on the street, new numbers are assigned every 25, 50 or 100 feet. Paul Male said they are simply requesting to have the ability to accommodate these kinds of changes. Commissioner Thomas McTygue said this will require some homeowners to change their house numbers. Paul Male said that for public safety reasons, some house numbers need to be changed and they have 15 months to make that change. Commissioner Ron Kim said his house number was changed from 54 to 9 several years ago. He further explained that it made sense to change the number because the house next to him was number 11. If the Council approves this matter it will simply bring logic to the numbering system. Commissioner Thomas McTygue said no one was complaining. Paul Male said homeowners would not be complaining, but the police, fire, post office, EMS personnel, etc., are voicing their concerns. The City needs to avoid a mishap in an emergency. Commissioner Thomas McTygue asked how many homes could be impacted if this matter was approved. Barbara Johnson said more people will be impacted if not approved. She said there are 16 streets that currently need renumbering. Commissioner Thomas McTygue suggested some community outreach and education for homeowners before their numbers are changed. He suggested that a meeting be held with the homeowners. 3 of 13 City of Saratoga Springs City Council Meeting Minutes Wednesday, July 5, 2006 Commissioner Ron Kim said this problem will continue as development increases. Barbara Johnson said that as part of this package of recommendations, the City would contact the homeowners to explain this process. Commissioner Matthew McCabe said he understood the homeonwers concerns, but he believed that public safety outweighed the inconvenience. Paul Male said from an operational standpoint, it would be easier if he had the ability to adjust the ranges, however, if the Council wants to approve each range change, they can. Commissioner Thomas McTygue again said that homeowners should be brought in for some education on this matter. Commissioner Ron Kim said inevitably, there will be some homeowners who do not want to change their numbers, but most times, everyone understands the public safety aspect. It was agreed that a public outreach meeting would be held with the impacted homeowners and all appropriate staff would be invited. Paul Male said the public hearing scheduled for the next meeting on July 18, would be to correct errors instreet names. In some cases, homeowners are using a street name, the street sign has the same name, however, and the code is different. The code will be adjusted to reflect what the homeowners are using, therefore, there should be little impact to homeowners. The public hearing was set for July 18 at 6:45 p.m. MAYOR’S DEPARTMENT Rip Van Dam Order to Remedy Emergency Condition Mayor Valerie Keehn said there is a wall at the Rip Van Dam, which poses a public danger. The wall is in critical condition and may be ready to collapse. She said it was necessary to close the courtyard of the adjoining business the Adelphi Hotel. There have been many discussions between the fire chief, city engineer and the structural consultants. Paul Male said the third floor trusses of the Rip Van Dam are failing. Ryan Biggs was brought in and they have assessed the situation. The area has been restricted with no access. The court yard of the Adelphi cannot be used. The owners of the Rip Van Dam have been order to remedy the situation, however, they have not. A letter was sent to the property owner on May 26. Paul Male said there have been a number of problems at the Rip Van Dam and this is the latest. Commissioner Thomas McTygue asked who was the owner of the Rip Van Dam. Paul Male said it was Bruce Levinsky, Merlin Development. Michael Englert, City Attorney said a notice of violation was issued by code administration on May 22. The City has met with Bruce Levinsky’s lawyer and was told that Bruce Levinsky would apply for a permit for demolition, but that has not been done. They have also not filed a plan of action with the City. There is a provision in the ordinance, which allows the building inspector to declare an emergency and to declare that stabilization must be done. The City could do that stabilization. It could turn out that nothing will happen at this location until the City takes over. Ryan Biggs has estimated the cost to be about $50,000 to stabilize the building. On July 3, the building inspector directed the property owner to provide a plan to the City Engineer within 48 hours. That plan has not been submitted. Ryan Biggs said the stabilization work could be done within four or five days. Mayor Valerie Keehn said she felt it was necessary to inform the Council of this situation. She said she was not proposing to take action this evening, however, thought that by the next Council meeting the Council will need to have a serious discussion. Michael Englert suggested that the Council consider having a special meeting. He said it was not prudent to wait until July 18. There was some discussion that the rights of the 4 of 13 City of Saratoga Springs City Council Meeting Minutes Wednesday, July 5, 2006 owner of the Adelphi were being infringed upon. Council members said they were concerned that Bruce Levinsky was able to keep the doors of his business open, while the Adelphi had to close it’s courtyard business. Michael Englert said it was his understanding that the area of the Rip Van Dam that was structurally not safe was not occupied. Commissioner Ron Kim said he attended a meeting on this matter where neither Bruce Levinsky nor his engineer came. There was plenty of notice of this meeting. It was alarming to him that they did not come. Michael Englert said discussions should center around demolition vs. stabilization. It was believed that stabilization could be done more quickly than demolition. Stabilization would give both the owner and the City time to consider other courses of action. Paul Male said there had been a statement from Bruce Levinsky’s contractor that it would be at least eight weeks before demolition would begin. Commissioner Thomas McTygue asked if the City was to take on this job, which would pay. Michael Englert said that the City would pay, however, the City code provides for it to be charged back to the property owner through a lien on the property. Michael Englert said all of the costs, including the structural inspection by Ryan Biggs could be charged back. He also noted that the City has provided a copy of the Ryan Biggs report to Bruce Levinsky. PUBLIC COMMENT PERIOD Charlie Morrison, 88 Court Street, said that a few weeks ago, he sent each Council member a letter concerning the land acquisition under the open space bond act. He said the word “improvements” was not defined in the legislation, however, it was defined in the fact sheet, which stated that it was for minor improvements and not major capital improvements. He said it was meant for cutting trails, gaveling parking lots and other such small projects to help get the land ready for public use. It was not for asbestos removal or other major improvements. The Council has been proceeding illegally by spending funds in this fashion. He asked that the Council be careful on how they spend these funds. Jeff Pfeil, said that several years ago, Bruce Levinsky wanted to tear down the Rip Van Dam hotel and the Saratoga Springs Preservation Foundation disapproved of that plan. Bruce Levinsky sued the SSPF and lost. The adjoining property owner of the Adelphi opposed the demolition and perhaps this could be some vindictiveness on Bruce Levinsky’s part. He suggested that the City step in and make the repairs. Mark Lawton, 209 Nelson Avenue, thanked the Finance Department for their recent budget workshop. He said it was difficult to understand though in some cases because the City uses both the accrual and cash methods. Accrual methods are required by the state, while the average citizen would better understand the cash method. He also said there is some good progress being made by the capital program committee. He too asked that the Council not misappropriate bond funds and not use them for other than the intended purpose. Theresa & Joe Hammer, Local 471, Hotel & Bartenders Association, said she understood this was not the public hearing on the Racino matter, however, she felt the need to speak. Two years ago, the Racino went through an enormous review process on the issue of whether to allow gaming in the City. It was acontroversial topic. This was different tonight because the issue is not whether to allow gambling but rather lead agency status on the expansion. She said she was here tonight on behalf of the union workers at the raceway. This is a good business for the City. With this proposed expansion there would be an increase of 300 to 500 jobs. She said whether you believe that gambling is good for the City or not, it has brought some good things to this City. The Saratoga Springs harness track status has risen significantly. The City should be an interested partner in the SEQR process, however, she did not encourage the entire formal review process of SEQR. It will simply slow the process down. The raceway is willing to work with the City by installing sidewalks and other such things. She represented about 350 workers at the raceway. There is also a construction union there. Dale Easter, Professor Moriarty’s, said the horse and carriage business location on Broadway has been a good addition to the downtown area. He said he understood all of the safety issues, however, he did not believe that it was enough to override the value of having the horse and carriage on Broadway. He then submitted a petition of 150 signatures which supported the horse and carriage on Broadway. Commissioner 5 of 13 City of Saratoga Springs City Council Meeting Minutes Wednesday, July 5, 2006 Ron Kim said the ordinance empowers the DPS Commissioner to review this ordinance and he did not believe there was sufficient space at the Broadway location for a horse and carriage. He proposed to move the location of the carriage from that location to the corner of Broadway and Division Street. There is also still another location along Broadway for the horse and carriage. Kyle York, 59 Railroad Place, suggested that the Council consider charging the owner of the Rip Van Dam three times the rate that it costs the City to make the repairs. Also, during the parade, there was traffic moving north along Broadway while the parade was heading south. The City should be very concerned with having moving vehicles while there is a parade. He is now working for the flower crew. Andrew Brindisi, said the DBA believes that the horse and carriage location on the east side of Broadway is an appropriate location. He suggested a compromise that the horse and carriage be allowed after 3:00 p.m. only. He also said that motorcycles on Broadway is also an issue and that should be looked at. He said several of the businesses along Broadway will be offering valet parking this year and he hoped the City approved of the valet parking program. Jeanette Kado Marino, said the Trackside Neighborhood Association is in favor of the SEQR discussion. She said they feel an impact from the Racino and they want their voices heard. Commissioner Thomas McTygue said that perhaps the people who are complaining about the way the City is spending the funds on the open space program should considering raising funds to support this program. The removal of the debris and the other necessary work will cost much less than what the City originallyanticipated. He said that many support the use of the funds in this fashion. He then requested that Jeanette Kado Marino submit in writing their concerns about the raceway expansion and the impact that it has had on their neighborhood. Commissioner Matthew McCabe said the City is not acting inappropriately with the open space bond funds. He reminded everyone that if the City had not purchased these tracts of land, they would all be in the hands of private developers. He cautioned though that the remaining funds need to be used to leverage more funds. He said the old buildings at the water front parcel need to be removed and these are justified expenses. He said there is currently $50,000 in that line and it will be used appropriately. MAYOR’S DEPARTMENT Toshiko Takeazu Day – Proclamation (06-123) Mayor Valerie Keehn read the following proclamation: Whereas, for more than 25 years Toshiko Takaezu, artist and educator, has participated in workshops and presentations at Skidmore College, and Whereas, Ms. Takaezu’s remarkable work at Skidmore is but one part of a 60-year journey in search of beauty, truth, and excellence. Her thoughtful and meticulous work has won her many friends and admirers at Skidmore and throughout our City. While she has been recognized and respected nationally and internationally, we in Saratoga Springs are especially proud that she has chosen to become a part of our community. Now, therefore, I, Valerie Keehn, Mayor of the City of Saratoga Springs, am pleased to join with my fellow Saratogians in honoring Ms. Takaezu’s lifetime of good work, to wish her good health and happiness, and to proclaim July 10, 2006 as TOSHIKO TAKAEZU DAY in the City of Saratoga Springs. Recreation Fees for Site Plan Review – Zoning Amendment Mayor Valerie Keehn said that this set of zoning text amendments would allow for the Planning Board to collect a recreation fee during the site plan review process. The current ordinance allows for the fee to be collected only during the subdivision review process. This proposal would allow for the fee to be collected during the site plan review process. The fee would be for each new residential unit rather than only for subdivisions. 6 of 13 City of Saratoga Springs City Council Meeting Minutes Wednesday, July 5, 2006 Mayor Valerie Keehn moved and Commissioner Ron Kim seconded to accept this zoning amendment for study and to send them to the City and County Planning Boards for the required advisory opinions. Ayes all. A public hearing was also set for Tuesday, August 15 at 6:45 p.m. Senior Housing – Zoning Amendment Mayor Valerie Keehn said the Council has before them a set of zoning text amendments from the Planning Board that would change the requirements for senior housing developments under the special use permit process. The Planning Board believes that the current ordinance fails to meet the original intent to achieve the public benefit of senior housing with the provision of a density bonus. The proposed amendments would strengthen the public benefit. Mayor Valerie Keehn moved and Commissioner John Franck seconded to accept the proposed amendments for study and to send it to the County Planning Board for an advisory opinion. Ayes all. A public hearing was set for Tuesday, August 15 at 6:30 p.m. Visitor Center Donations Mayor Valerie Keehn moved and Commissioner John Franck seconded to accept the following donations: $2,700 for the Spa City Band Concerts – Bank of America; $595 for the multicultural music series – Shannon-Rose Design (In-kind graphic design) and $600 for the free wireless internet service for residents and visitors at the Visitor Center from Spa Net. Ayes all. Universal Preservation Hall – Resolution (06-124) Commissioner Thomas McTygue moved and Commissioner Matthew McCabe seconded the following resolution: WHEREAS, the City of Saratoga Springs lacks a mid-sized performing arts and events venue; and WHEREAS, the Universal Preservation Hall is an important historic feature of the town; and WHEREAS, the Universal Preservation Hall, which had fallen into disrepair, is being gracefully and carefully restored; and WHEREAS, the Universal Preservation Hall’s beautiful tower is one of the most striking and visible elements of the Saratoga Springs skyline; and WHEREAS, the restoration of the Hall will add to the beauty of the city and the revitalization of Saratoga Springs West Side; WHEREAS, the creation of a mid-sized performing arts venue and events center in the downtown will increase the economic strength of the City; and WHEREAS, by restoring the workshop space for the historically African-American Universal Baptist Church, the Universal Preservation Hall has already helped to preserve an important element of the Saratoga Springs community. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Saratoga Springs New York: 1. Hereby supports the on-going repairs being made to the Universal Preservation Hall. 2. Hereby encourages the creation of a performing arts and events center in the Universal Preservation Hall 3. Be it further resolved, that the City Council of Saratoga Springs support the Universal Preservation Hall in all of its current restoration efforts including its applications for grants and from private foundations as well as from state and federal sources. Ayes all. 7 of 13 City of Saratoga Springs City Council Meeting Minutes Wednesday, July 5, 2006 Anderson Article 78 – Legal Fees (06-125) Mayor Valerie Keehn moved and Commissioner John Franck seconded to raise the cap from $5,000 to $7,000 for Miller, Mannix, Schachner & Hafner in connection with the Anderson Article 78 matter. The money is to come from the self-insurance line in the Accounts Department. Ayes all. Comprehensive Plan Committee (06-126) Mayor Valerie Keehn moved and Commissioner Ron Kim seconded to establish a comprehensive plan committee as presented. Ayes all. Mayor Valerie Keehn said that this committee is not charged with making broad sweeping changes to the comprehensive plan but rather to look at zoning in specific areas of the City. This is an advisory opinion to the Council. Commissioner Thomas McTygue asked for the timeline. Mayor Valerie Keehn said they believed the work could be done with four to six months. Saratoga Healthy Transportation Workshop Mayor Valerie Keehn announced that there would be a workshop meeting of the Saratoga Healthy Transportation Workshop on July 19 at 7:00 p.m. at the library. Skate Park Grand Opening Mayor Valerie Keehn announced the grand opening of the skate park on July 14 at 6:00 p.m. Rip Van Dam Order to Remedy Emergency Condition Previously discussed. Environmental Impacts of Proposed Racino Project It was agreed that a public hearing on this matter would be held before the next Council meeting on July 18 at 6:00 p.m. in the Music Hall. She said that while the City does not have lead agency status, the residents still need to be heard on the proposed 45,000 square foot expansion. Commissioner Thomas McTygue reminded everyone that while he is not an employee at the Racino, he does race horses. Assistant City Attorney Tony Izzo has looked into the conflict of interest concerning this matter and has found none. He said the harness racing industry has provided many jobs for residents in this City and it generates a lot of revenue. The City will be getting nearly $3 million in additional revenues from Racino. The City needs to look at the positive effects of having the Racino here in the City. It is a benefit to the community. They are willing to talk to the City about sidewalks, fencing, lighting, etc. The Racino brings in a lot of people to this community that also come downtown to shop and eat. There are a lot of hard workers at the harness track. The six week summer track and SPAC brings also of drugs and alcohol to the City. The only thing that SPAC brings to the City are the people buying beer at the local stores. There is additional stress to thehospital staff from all of these people. Both the track and SPAC bring in more cars which creates traffic problems, parking problems, etc. The City needs to work with the harness track to help get this industry off the ground. Fortunately, they are doing well now. He will support the Racino proposal. ACCOUNTS DEPARTMENT Award of Bid – Air Conditioning – Engineering Office Upon the recommendation of the Department of Public Works, Commissioner John Franck moved and Commissioner Valerie Keehn seconded to award the bid for the air conditioning in the north end of the Engineering Department to D&E Technologies in the amount of $49,264. This bid has been reviewed by the Purchasing Department and meets Purchasing Guidelines. Ayes all. 8 of 13 City of Saratoga Springs City Council Meeting Minutes Wednesday, July 5, 2006 Award of Bid – Portable Landfill Gas Meter Upon the recommendation of the Department of Public Works, Commissioner John Franck moved and Commissioner Ron Kim seconded to award the bid for the portable landfill gas meter to Pine Environmental in the amount of $9,094.30. This bid has been reviewed by the Purchasing Department and meets Purchasing Guidelines. Ayes all. Rejection of Bid – Geyser Park Lighting Upon the recommendation of the Mayor’s Department, Commissioner John Franck moved and Mayor Valerie Keehn seconded to reject the bid for the Geyser Park Lighting because the bids came in at a higher price than anticipated and there is not sufficient funding in the capital budget. Ayes all. Commissioner Ron Kim asked if this would be rebid. Mayor Valerie Keehn said the bids came in way over the anticipated cost. She said the City did not have enough funds because the $40,000 grant was not applied for. Commissioner of Deeds Commissioner John Franck appointed Katrina O’Brien, Accounts Department, as Commissioner of Deeds with a term of two years. Norstar Development – Zoning Amendment Previously discussed. Authorization for Mayor to Accept Grant Award – LGRMIF (06-127) Commissioner John Franck moved and Mayor Valerie Keehn seconded for authorization for the Mayor to accept a non-matching grant award from the New York State Archives and Records Administration ’s Local Government Records Management Improvement Fund in the amount of $33,404 to scan the utility and engineering maps of the Department of Public Works. Ayes all. Authorization for the Mayor to Accept Grant Award – Inactive records project (06-128) Commissioner John Franck moved and Commissioner Thomas McTygue seconded for authorization for the Mayor to accept a non-matching grant award from the New York State Archives and Records Administration ’s Local Government Records Management Improvement Fund in the amount of $10,250 to maximize the potential of the City’s off-site Record Storage vault with fire rated doors, a shredder and standard shelving. Ayes all. Nancy Wagner said this storage area is located at the DPW garage. It is climate controlled. This grant will allow for transitioning of inactive records to this location. This location is underutilized. Commissioner Ron Kim asked if these grants would allow for reduction in paper. Nancy Wagner said it was not cost effective to put everything into digital format. She said that preservation of records is the goal of the LGRMIF grants while scanning would be secondary. Ice Skate Shop Sharpening Protocol (06-129) Marilyn Rivers, Risk & Safety Manager, said she was asked by DPW to develop an ice skate shop sharpening protocol. This protocol is for the operation and maintenance of the new skate sharpening machinery. She noted that there were some minor typographical errors. Therefore, Commissioner John Franck moved and Mayor Valerie Keehn seconded to adopt the Ice Skate Shop Sharpening Protocol as presented. Ayes all. FINANCE DEPARTMENT 9 of 13 City of Saratoga Springs City Council Meeting Minutes Wednesday, July 5, 2006 Payroll Commissioner Matthew McCabe moved and Mayor Valerie Keehn seconded to approve the following payrolls: June 23, 2006 - $355,117.55 and June 30, 2006 - $364,269.55. Ayes all. Warrants Commissioner Matthew McCabe moved and Mayor Valerie Keehn seconded to approve the following warrants: 2006 Mini Warrant 6/28/06 MC2JUN06 $ 47,723.44 2006 Regular Warrant 7/5/06 1JULY06 $777,969.54 Ayes all. Transfers – Payroll, Regular, Vision & Revenue Commissioner Matthew McCabe moved and Mayor Valerie Keehn seconded to approve the payroll and regular transfers as presented (Attachment A). These transfers have met the transfer guidelines. Ayes all. Transfers – Contingency Commissioner Matthew McCabe moved and Mayor Valerie Keehn seconded to approve the contingency transfers as presented (Attachment B). These transfers have met the transfer guidelines. He updated Council members on the contingency funds as follows: Adjustments of $47,687 from the general fund contingency to the general fund payroll for the fire administration contract leaves $147,292; adjustments of $1,560 from the City Center contingency expense line to the City Center insurance line leaves $38,440. Ayes all. Budget Amendments Commissioner Matthew McCabe moved and Mayor Valerie Keehn seconded to approve the budget amendments as presented (Attachment C). These amendments have met the amendment guidelines. Ayes all. 2007 Budget Call Letter Commissioner Matthew McCabe said the budget call letter went out to staff on June 29. The process is similar to last year. He will use the dollar amounts from the state. He thanked his staff for joining him at the library for the budget presentation. He will look for revenue enhancements. There are more than 40 percent of City parcels not paying taxes. There needs to be a level of fairness. He is also talking to the school district about the recreational fields. DEPARTMENT OF PUBLIC WORKS July 4 Commissioner Thomas McTygue said it was a good July 4th celebration in the park. There were some complaints that the fireworks at the park are not as good as the Racino fireworks. The Racino spends $30,000 while the City spends $6,000. Most people were quite happy. He thanked the church group for assisting in the clean up and also the tent for changing babies. Raze Waterfront Buildings (06-130) Commissioner Thomas McTygue moved and Commissioner Ron Kim seconded to approve the razing of six buildings on the waterfront property. One of the buildings will require some asbestos abatement. Paul Male is working on an bid for the asbestos abatement. DPW will do the razing work. The debris will be 10 of 13 City of Saratoga Springs City Council Meeting Minutes Wednesday, July 5, 2006 hauled to Hiram Hollow at the rate of $77 per ton. DPW will borrow a tractor trailer from the Town of Greenfield to do this hauling. There could be some additional expense for the foundation areas. Mayor Valerie Keehn asked for an estimated cost for this work. Commissioner Thomas McTygue said that was difficult because he did not know how much the asbestos abatement would cost. He said he would come back to the Council with that number and that would require further Council approval. He believed the razing of the buildings would cost under $30,000. He would have a better idea of the cost tomorrow afternoon, once some of the truck loads had been taken to Hiram Hollow. Commissioner Matthew McCabe said this is in accordance with the charter and open space fund bond act. He confirmed that the expenses would not exceed $30,000. Commissioner Thomas McTygue said yes. Commissioner Matthew McCabe confirmed that the $30,000 was for debris removal only. Commissioner Thomas McTygue said he hoped it would be less than $30,000. Mayor Valerie Keehn asked if the razing of these buildings is the major expense for this property and if there are any more major expenses in getting this land ready. Commissioner Thomas McTygue said the committee gave the Council a list with cost estimates. The Council did not adopt that list. The Council reduced it down from the committee’s original recommendations. The first phase is demolition. He will come back with recommendations on drainage, brush clean up, etc. If the expenses are under the $50,000 he will talk to the Council about doing some of the additional work. Commissioner Matthew McCabe said there is a letter from Jeff Olsen on this matter and Michael Englert, City Attorney, drafted a resolution, which should be submitted for the record, that follows the expense process. The findings need to be through a resolution. Mayor Valerie Keehn suggested that members of the open space committee and DPW get together and develop a plan for the expenditures of the $50,000. Commissioner Thomas McTygue said when the buildings are razed he would do that. He needed to know how much it was going to cost for the razing before doing any other estimates. He would do what was most important for the property. Mark Lawton asked if this would require a budget amendment. Commissioner Matthew McCabe said the line item had already been created and the open space bond act had already been amended. Mark Lawton said it needs to be part of the capital budget in order to expend the funds. Mayor Valerie Keehn asked how many buildings were included. Commissioner Thomas McTygue said there are six. One of the buildings at the top of the hill will be kept for long term usage. It has some asbestos. That building will require an RFP. This request is to raze six buildings. Commissioner Thomas McTygue suggested that the Mayor attend the waterfront committee meeting tomorrow to address her concerns with the $50,000 expenditures. It was agreed that there are funds of up to $50,000, however, tonight is only to spend $30,000 on the razing of the buildings. Ayes all. Interlaken Water Improvements – Amend Capital Budget Commissioner Thomas McTygue requested that a public hearing be set for Tuesday, July 18 at 6:55 p.m. to amend the capital budget for the Interlaken Water Improvements. Donation – Acceptance Commissioner Thomas McTygue moved and Commissioner Ron Kim seconded to accept the following donations: 150 chair covers valued at $300 from Gail Veitch and the remaining donations for the outstanding athletic banquet: Adirondack Trust Company $5,000; Peter Belmonte Builders, Inc., $1,000; The LA Group, $500, Quadgraphics $1,000, Saratoga National Bank & Trust Company $1,000, Ron & Michelle Riggi, $5,000 and Saratoga Gaming and Raceway, $2,500. Ayes all. Civil Service Commission Appointment 11 of 13 City of Saratoga Springs City Council Meeting Minutes Wednesday, July 5, 2006 Commissioner Thomas McTygue withdrew this item. Sick Bank Request Commissioner Thomas McTygue moved and Commissioner Matthew McCabe seconded to donation of sick time for Victor Ortiz for seven days from the sick bank. Ayes all. DEPARTMENT OF PUBLIC SAFETY Street Changes – Set Public Hearing Commissioner Ron Kim requested to set a public hearing for July 18 at 6:45 p.m. on street name changes. Street Changes – Power Point Presentation Previously discussed. PBA Workshop Commissioner Ron Kim said negotiations have been completed on the PBA contract. He would now like to brief the Council on the details. It was agreed that a special Council meeting would be held on Tuesday, July 11 at 1:00 p.m. workshop and executive session to discuss the details of this contract. Chapter 201 Address Changes Commissioner Ron Kim withdrew this item from discussion. Capital District Drug Enforcement Task Force Grant (06-131) Commissioner Ron Kim moved and Commissioner John Franck seconded to authorize the Mayor to sign the Capital District Drug Enforcement Task Force Grant, April 1, 2006 to March 31, 2007 for $20,000. This is a matching grant. The position is in the budget. Ayes all. SUPERVISORS Joanne Yepsen County update: The Board of Supervisors met with state legislators today. They discussed submitting proposals for next year’s budget. There have been three helpful laws passed this year: property tax rebate, gas tax cap and the clothing tax. They talked about sex offenders in connection with confinement and stricter laws. There was discussion on funding the education system through ways other than property taxes. There was a lot of discussion on the Luther Park Technology Campus and in particular the addition of AMD. They talked about the economic impact and the challenges that it brings. This will bring huge ramifications to the County. The County could become another Silicon Valley. They anticipate 2,000 permanent jobs at this campus, up to 1,500 construction jobs and additional support service industry jobs. There will be a water committee meeting at 3:00 p.m. on July 6. The County fair will run from July 18 to 23. The event at Congress Park for the War Memorial was a good event. She has been appointed to the Gaming and Raceway Foundation Board. There will be some grants released from that Board at the end of the summer to many local county organizations. PUBLIC COMMENT PERIOD Mayor Valerie Keehn opened the second public comment period. Kyle York suggested that some thought be given to allowing the supervisors being first on the agenda. Steve Kamen, 120 West Avenue, said there was an issue with a fixed awning at his property at 120 West Avenue and he was at a standstill with the City. Michael Englert said that a licensing agreement needs to be 12 of 13 City of Saratoga Springs City Council Meeting Minutes Wednesday, July 5, 2006 developed. It was agreed that this item would be added to the next Council meeting agenda so this matter could be finalized. There being no one else wishing to speak, Mayor Valerie Keehn closed the second public comment period. ADJOURNMENT Mayor Valerie Keehn moved and Commissioner Ron Kim 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 Clerk Approved: 13 of 13

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