City Council

City of Saratoga Springs City Council Meeting Minutes Tuesday, July 11, 2006 CITY OF SARATOGA SPRINGS CITY COUNCIL MEETING CITY COUNCIL ROOM TUESDAY, JULY 11, 2006 1:00 P.M. PRESENT : Valerie Keehn, Mayor Commissioner John Franck, Accounts Commissioner Ron Kim, DPS Commissioner Matthew McCabe, Finance Commissioner Thomas McTygue, DPW ABSENT: Cheryl Keyrouze, Supervisor Joanne Yepsen, Supervisor STAFF PRESENT : Lynn Bachner, Deputy Commissioner Finance Michele Boxley, Deputy Commissioner Accounts Frank Dudla, Deputy Commissioner DPS Eileen Finneran, Deputy Mayor Tony Izzo, Assistant City Attorney CALL TO ORDER Mayor Valerie Keehn called the meeting to order at 1:10 p.m. PUBLIC COMMENT PERIOD Mayor Valerie Keehn opened the public comment period. There being no one wishing to speak, Mayor Valerie Keehn closed the public comment period. MAYOR’S DEPARTMENT License Agreement Mayor Valerie Keehn moved and Commissioner John Franck seconded to authorize the Mayor to sign the license agreement with S&D Realty, 120 West Avenue, concerning the awning. Commissioner Thomas McTygue said this was one of those instances when the situation has dragged on for more than two yeas. This is a small business owner who is trying to save money and this simple issue has held up the process for more than two years. Mayor Valerie Keehn said she did not believe that the delay was this particular awning issue, but rather a series of other small issues. Commissioner Matthew McCabe asked how this outdoor use/awning worked in relation to the outdoor uses along Broadway. Tony Izzo said that they are two separate and distinct issues. The downtown area has a sidewalk café ordinance. This is a license agreement which enables the business to have an outdoor use and awning, however, the license agreement can be revoked when the City requires use of the land. Ayes all. 1 of 3 City of Saratoga Springs City Council Meeting Minutes Tuesday, July 11, 2006 CLG Grant (06-132) Mayor Valerie Keehn said this is a request to submit an application for a grant of $20,000 to NYS Office of Parks, Recreation and Historical Preservation to be used by the Saratoga Springs Preservation Foundation for education and training programs. This is a matching grant and the matching funds will come from donations and in-kind services. Tony Tozzi, Assistant City Planner, said he his seeking Council authorization to submit an application to ORPS on behalf of the Saratoga Springs Preservation Foundation in the amount of $20,000 which requires a match. The $12,200 match will come from in-kind services $2,200 and $10,000 from donations. The application deadline is July 17. Notification is scheduled for September 30. These funds will be used by the SSPF for education/training program. The SSPF’s goal is for the conference to become a regional or statewide conference. Commissioner Thomas McTygue moved and Commissioner Ron Kim seconded to authorize the Mayor to sign the grant application for the education/training program for SSPF noting that the match will come from the SSPF and not from the City. Ayes all. Rip Van Hotel Mayor Valerie Keehn said that Michael Englert was in court at this time on this matter. She said she may or may not ask for a vote to move forward on the City’s plan. If the owner does not come forward with a complete plan for securing the wall the City could step in for $50,000 to hire someone to secure the wall. Paul Male said he was working with Ryan Biggs, structural consultants, and NES (formerly Albany Ladder) on securing this wall. He said NES could do the work within the next few days. Commissioner Matthew McCabe asked for advice from the Tony Izzo on the appropriate way to handle a vote today for emergency work. Tony Izzo said that there is a provision within the City Charter on emergency purchases – Section 4.4.11. Tony Izzo read section 4.4.11 noting that to meet a public emergency affecting health, property or public safety the Council may make emergency appropriations by unanimous action. There was some discussion on funding. Commissioner Thomas McTygue asked how much money was remaining in the contingency fund. Commissioner Matthew McCabe said about $147,000 Commissioner Thomas McTygue suggested that we wait until after the court’s decision. Commissioner Ron Kim made the argument that it was time to put pressure on Bruce Levinsky. He said if the court made a ruling today and Bruce Levinsky decided not to abide by the ruling or appeal the ruling, the situation could drag on. He said this is a liability/safety issue that needs to be addressed and the Council should make a decision today. Commissioner Matthew McCabe said that in terms of funding, this matter was related to the PBA matter scheduled for executive session and asked that the funding of this situation be discussed in executive session. Tony Izzo said as the funding of this matter relates to the PBA matter, it would be appropriate to discuss in executive session. Executive Session Mayor Valerie Keehn moved and Commissioner Ron Kim seconded to adjourn to executive session at 1:30 p.m. to discuss the PBA negotiations and the funding for the emergency at the Rip Van Dam Hotel. Ayes all. Council members returned at 2:30 p.m. and reported that no action had been taken in executive session. Rip Van Dam Hotel (06-133) Mayor Valerie Keehn moved and Commissioner John Franck seconded that under the charter section 4.4.11 Emergency Appropriations, the Council Council agrees to move forward with the City’s emergency plan to fund $50,000 for remediation at the Rip Van Dam Hotel contingent upon remedial steps be taken by the developer within 48 hours as outlined in the City ’s plan. 2 of 3 City of Saratoga Springs City Council Meeting Minutes Tuesday, July 11, 2006 Commissioner Matthew McCabe asked about the declaration of emergency. Tony Izzo suggested that the motion could be contingent upon the court’s determination. Commissioner Ron Kim asked if it was necessary to use the figure of $50,000. He suggested that the City may want some flexibility. Commissioner Thomas McTygue said that the exact number could be brought back at a later date Commissioner Matthew McCabe said there needs to be some clarity on what money they are using for this matter. It should be stated for the record that the Council is looking at using the contingency fund. He said this is a public safety issue and perhaps funds could be found within other budgets. There is money in the contingency fund to cover the first $50,000. Tony Izzo said that it was not a problem to designate the line at a later time. Ayes all. ADJOURNMENT Mayor Valerie Keehn moved and Commissioner Ron Kim seconded to adjourn to executive session at 2:40 p.m. Ayes all. There being no further business, Mayor Valerie Keehn adjourned at 2:40 p.m. Respectfully submitted, Kathy Moran Clerk Approved: 3 of 3