City Council

City of Saratoga Springs City Council Meeting Minutes Tuesday, July 18, 2006 CITY OF SARATOGA SPRINGS CITY COUNCIL MEETING CITY COUNCIL ROOM TUESDAY, JULY 18, 2006 5:20 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 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 5:20 p.m. Commissioner Thomas McTygue moved and Commissioner John Franck seconded to adjourn to executive session at 5:20 p.m. to discuss the PBA Contract and the Racino. Ayes all. Council members returned at 6:10 p.m. PUBLIC HEARING Racino Mayor Valerie Keehn opened the public hearing. She reminded everyone that this public hearing was on the environmental issues only. Rose Tait said she supported the Racino but there needs to be a more responsible approach. She is a member of the Trackside Neighborhood Association. The Racino has been a responsible neighbor. This expansion will not create any more noise. There is already lighting at the track and she did not believe that it would be increased through this expansion. There is already traffic and the Racino has offered a cash contribution for mitigation. The Racino has been more responsible than NYRA or SPAC. Both SPAC and NYRA have been mismanaged and are a drag on the taxpayers. There needs to be a balance between the quality of life and the economics of having the Racino. Mike Russo, Secretary/Treasurer, Capital District Area Labor Federation & Saratoga Springs resident, said he represented more than 100,000 union members with nearly 19,000 of them in Saratoga County. He said he understood this was about environmental impacts. This area of the City is suited for this type development. It will bring in jobs to this area. He was in favor of the Lottery being the lead agency on this matter. The Capital District Labor Federation is willing to work with the City on this matter. Phil Tucker, Building & Construction Trades Council, representing thousands of construction trade workers said this type of expansion and work that is created means a great deal to the construction trade workers. Construction workers travel from job to job and there is a great deal of interest by these workers who could have continuous employment at one location for several months. Once this facility opens there will also be more than 100 new employees. Any delays in this project would have a negative impact on the construction industry and he urged the Council to not delay the project. 1 of 14 City of Saratoga Springs City Council Meeting Minutes Tuesday, July 18, 2006 Mayor Valerie Keehn reminded everyone that the issue this evening was environmental impacts and she asked that comments be limited to that. George Karam, President of the Harnessmen Association and Sandspring Drive resident, said there are 500 members in that union. Many live within the City and many live near the Racino. They do not have any concerns with the Racino operation. He informed Council members that the City of Yonkers tried to be the lead agent in a similar project and they were not successful. The Lottery Division would be a good lead agent. They will be very thorough. Bentley Bovin, Nelson Avenue, said this proposed expansion will impact him. Nelson Avenue has become a main road to the Racino. This was a quiet neighborhood, except for track season. He has two small children and he is concerned with their safety because of the traffic and speed. There is a lot of noise in the evening and it is measurably louder from Thursday nights through the weekend. There are a lot of trucks traveling on this road which causes damage to the road. The houses also vibrate when the trucks go by. A night club is not a proper use at the facility. The Racino is a long term, permanent venue in this City unlike NYRA and SPAC. He is very concerned with safety. Jeanette Kado-Marino, Trackside Neighborhood Association, said there is an impact to the homeowners in this area. There will be additional noise, environmental issues and safety concerns. There are multiple events in the evening that general a significant amount of noise and traffic. The lights are on every night and are very bright. She asked why the City was still considering working with an entity that continually flip flops on the issues and their promises. She said that Nelson Avenue needs has a drainage problem and pointed out that the taxpayers will end up paying for a new draining system. She said had she known three years ago that Commissioner Thomas McTygue raced horses at the harness track she would have expressed concern then. There is a conflict of interest and as a public official he should not be addressing this issue. Commissioner Thomas McTygue said he has spoken to the Assistant City Attorney on this matter and the Assistant City Attorney has determined that there is no conflict of interest. He also has written a letter to the Board of Ethics asking for their opinion on this matter. An argument ensued between Commissioner Thomas McTygue and Jeanette Kado-Marino. Mayor Valerie Keehn announced that she would clear the room, however, that was not done. Teresa Hammer said it was unfortunate that Mayor Valerie Keehn wanted to clear the room and not allow other speakers to address this issue. She said she was here representing union employees but would address the environmental issues. She lives on Nelson Avenue extension and is very familiar with the raceway community. There currently exists a tent where there is live entertainment. If this project is approved, an indoor facility will be constructed which will reduce the noise by enclosing it. This would be an improvement to the neighborhood. She asked if the Council members were to choose to take legal action what would it cost the taxpayers to engage in this legal debate. She asked what it would cost the taxpayers if the City looses that legal debate. She also reminded everyone that the City receives revenues from the raceway. Christine Bolino-Healy, Jefferson Street Neighborhood Association, said there is a problem with traffic, safety, noise and other related issues due to the Raceway. They have met with the Racino staff on three separate occasions and they have been told at each of those meetings that the Racino would address the issue of slowing down traffic, planting trees, installing sidewalks, etc. To date, nothing has been done. The Racino’s response was that they have given $100,000 to local organizations. She said the City should be the lead agency. If smaller projects such as Siro’s must appear before the Planning Board because of their impact to the neighborhood, then the Racino should. If the state is the lead agency, the City’s interests of traffic, safety, noise, etc., will not be properly addressed. The City needs to be the lead agency. Kyle York, 59 Railroad Place, said he would yield his time to others who wanted to speak on the environmental issues. Clem Marino, 35 Jackson Street, said the City needs a greater say on what’s happening in the City. There are safety, traffic and quality of life issues. There is also an impact to the infrastructure. This is not about the money from the Racino, it is about the quality of life for the residents in this area. The Racino has approached 2 of 14 City of Saratoga Springs City Council Meeting Minutes Tuesday, July 18, 2006 the local churches about stopping their bingo games. The City should have a greater say in what is going on here. Chris Dugan, Carpenters Union, Albany County resident, said he was he representing the union members of this county. He did not believe there would be any environmental impacts. Todd Banks, Carpenters Union, Schoharie County resident, said he too represented the many members of this union who reside in Saratoga County. Their members are eager to work closer to home and to patronize the local businesses. He believed the Racino expansion would be a favorable project for this community. Mayor Valerie Keehn closed the public hearing. She said that it was unfortunate that there was an unpleasant exchange of words at the beginning of the meeting. Commissioner Thomas McTygue said he has asked the Board of Ethics to look into the conflict of interest. He talked to the Assistant City Attorney and the Assistant City Attorney had determined that there was no conflict of interest. Members of the public are to address the Council as a whole and not by name and the Mayor needed to be sure that was done. There being no one else wishing to speak, Mayor Valerie Keehn closed the public hearing. Street Name Changes Mayor Valerie Keehn opened the public hearing on the street name changes Commissioner Ron Kim said this is a public hearing on changing specific street names as follows: Gray Birch Court to Greybirch Court, Moore Drive to Moore Avenue, Reservation Drive to Reservation Avenue, Garside Road description from Kaydeross Park Road to end and Zephyr Lane description from Race Street to end. He said this amendment simply amends the code to comply with what the residents are using. Rose Tait said there was not enough information in the newspaper on this matter and it was confusing to her as to what the Council was voting on. She said there is not enough time from when the agenda comes out on Monday afternoon and the meeting time for the public to do the necessary research. She said it was amazing to her that the rules change on a daily basis at City Hall and often it is a surprise to residents on what is happening in this City. There being no one wishing to speak, Mayor Valerie Keehn closed the public hearing. Interlaken Water System Improvement Mayor Valerie Keehn opened the public hearing on the Interlaken Water System Improvements. Commissioner Thomas McTygue said this is an amendment to the capital budget for the Interlaken Water System Improvement. It was appropriately advertised and there were no objections from the residents on this matter. There being no one wishing to speak, Mayor Valerie Keehn closed the public hearing. PUBLIC COMMENT PERIOD Mayor Valerie Keehn opened the public comment period. Peter Tulin, 40 Sarazen Street, offered his assistance to the City Attorney on the declaratory action against the Racino. Mayor Valerie Keehn informed everyone that this item would be withdrawn from the agenda this evening. They were going to try to schedule a meeting between the Council, Planning Board and Racino staff. Peter Tulin said he would be glad to offer his perspective to the City Attorney on this matter. 3 of 14 City of Saratoga Springs City Council Meeting Minutes Tuesday, July 18, 2006 John Collins, 12 Wedgewood Drive, said when he purchased his home on Wedgewood Drive, it was during the winter and he did not realize the amount of noise that came from the Northway. He said that due to new technology on the construction of tires, the noise from the traffic on the Northway has become unbearable. The residents of this area are requesting that NYSDOT install a sound barrier and they are asking the Council for their support. Phil Diamond, 29 Waterview Drive, said he was somewhat concerned with the appointment of a committee to review the charter. He said there was no reason to change this form of government. This current system works well. There are five elected officials making decisions. He hoped that the committee was not being charged with developing an alternative form of government. If that was the charge, that is what they would do. He hoped that one of the committee’s choices was to recommend no change. Saratoga Springs is the envy of New York State and of the whole northeast. Tom Rule, 6 Wedgewood Drive, said a sound barrier along the Northway would reduce some of the noise. He did know there was noise when he purchased his home, however, with the new technology for tires and increased traffic, the noise has become much louder. A barrier would solve this problem and he encouraged the Council to support this initiative. Lynn Goodness, Arapaho Path, commended the Mayor for establishing the committee to review this form of government. He said changing this form was a necessity. There are only 66 communities in the country with this form of government. Mark Lawton, 209 Nelson Avenue, endorsed the Mayor’s effort to review the charter and the form of government. He said the City needs to be streamlined and run by professionals. There needs to be a separation between politics and administrative matters. Employees need to work for the good of the City and not just for their department. Council members should be free from the day to day operations. This form of government needs to be updated. Kyle York, 59 Railroad Place, said he currently works for the City as a day laborer. He meets many tourists and the one of the most frequently asked questions is where is the bathroom. He said the Council should ask the Design Review Commission to revisit this matter. Gordon Boyd, 99 State Street, said it is the City’s prerogative to appoint a committee to review the charter. He said he was somewhat concerned with the timetable, noting that a final document needed to be ready by early September. That timetable allowed only limited community input. He said the successes of this City are the checks and balances. This is one of 66 communities remaining in the country with this form of government, however, it is a successful community. The public should be given more time to review this matter and then put it on the ballot next year when residents are paying a little more attention to the local elections. Rick Thompson said there are problems with this form of government. The Council should not be commended for the City’s successes or failures. The credit should go to the DBA and other organizations like the industrial parks who employee a lot of people. A review of the charter should be done and this was the right time. The Mayor has the foresight to appoint this committee and he commended her. Barbara Triphalek, 211 Circular Street, supported review of the charter. She said the City is long overdue for changing this form of government. The winners will be the residents. She also encouraged four year terms. There being no one else wishing to speak, Mayor Valerie Keehn closed the public comment period. CONSENT AGENDA Mayor Valerie Keehn moved and Commissioner John Franck seconded to approve the consent agenda as follows: 1. Accept donations Visitors Center Series, Nicholas Frirsz, Master Violin Maker, in the amount $100.00 Spa City Band Concerts, from Price Chopper for $300.00 Multicultural Music Series, from Marco Polo Homes for $800.00 4 of 14 City of Saratoga Springs City Council Meeting Minutes Tuesday, July 18, 2006 2. Approval of minutes for June 6, June 20, July 5, July 11 3. Award of Bid for Interlaken Water System Improvements (General Contractor) to West Branch Inc $259,000 (low bidder) and A. Ritz Inc. (tank demolition) $73, 624 (low bidder) 4. Award of bid for Ice Skate Sharpener to Dupliskate for $10,871 (lowest bidder meeting specifications) 5. Award of bid for Tire Repair and Service to Adirondack Hercules Tire Corp, various prices (overall low bidder) 6. Approve budget transfers: Payroll, Social Security, Regular (Attachment A) 7. Approve Budget Amendments (Attachment B) 8. Accept Donation for Athletic dinner $2500 Bonacio Construction; $100 from Clements Insurance 9. Accept Donation from Dennis and Joanne Walpole for a horse stall $275 per month Ayes all. MAYOR’S DEPARTMENT Rip Van Dam Emergency Michael Englert, City Attorney, said that last week the City and the property owner were in court on the Rip Van Dam matter. As a result, a conceptual agreement was worked out between the City Engineer and the property owner’s engineer. Under that agreement, the property owner was to provide a plan of action to the City by today, which they did. Under this plan they are to commence work by later this week. He said the City was now waiting to see if that happened. There is follow up to this case in City Court this Friday. The City also has the authorization to take action based on the resolution of the Council last week. Paul Male said the plan was submitted by the property owner’s engineer and with some minor adjustments it is what was agreed upon last week. He is awaiting advice from Ryan Biggs and Mid-State on this plan. If something is not done to stabilize this portion of the building it will ultimately collapse. Commissioner Ron Kim asked how this plan impacted or did not impact the overall issue of whether the building gets preserved. Paul Male said this plan is just to stabilize the building and has no impact on whether the building should be demolished or preserved. Michael Englert said that property owner has not filed an application for demolition. Commissioner Matthew McCabe asked if there had been face to face meetings with the property owner. Michael Englert said all parties were in court last week. Commissioner Matthew McCabe asked how long before there was another emergency at this building. Paul Male said it is an old building that has not been maintained. Over the last ten years it has gotten progressively worse. However, his focus was only on this one portion. It would be likely that at some point there would need to be some stabilization in the basement level. Commissioner Matthew McCabe said that if practical and affordable he was in favor of preservation. However, it may be time to let this building go and let the property owner construct a new building. He said there needs to be some discussions with all parties on the future of this building. He said this City was about change and there would be a lot of that coming. Commissioner Thomas McTygue said the City should be discussing this with the Saratoga Springs Preservation Foundation before there are broad statements on the future of this building. Commissioner John Franck agreed noting that he was a member of that Board and there needed to be some discussion on preservation. He said the building is in this condition because the property owner did not take care of it. Paul Male reminded everyone that the covenants on this building have all expired. Commissioner Ron Kim said he did not want to reward this property owner by allowing him to demolish the building. He said there are many examples of buildings in this community where the property owner does nothing to maintain he building. He said the City should be looking at this in a more comprehensive fashion and discuss penalties for these property owners. Mayor Valerie Keehn said this particular parcel was looked at by the Council because of the public safety issues. Commissioner Ron Kim said the Council needs to consider penalties such as paying the opposing attorney’s fees. He said the property owners who neglect their buildings are not the “little old lady” who cannot 5 of 14 City of Saratoga Springs City Council Meeting Minutes Tuesday, July 18, 2006 afford to maintain the structure, but rather property owners who are intentionally letting the structure deteriorate. He said it was time for the Council to review its laws/ordinances on this matter. Commissioner John Franck said there have been many other buildings in this City in far worse condition that have been renovated and preserved. There is a track record with the property owner Commissioner Matthew McCabe agreed that he did not want to reward this property owner. He said perhaps it was time to look at the demolition by neglect ordinance. Mayor Valerie Keehn noted that the property owner has had time to apply for a demolition permit, because the covenants have expired. She said that it was interesting that he had not applied. National Clown Week Proclamation (06-134) Mayor Valerie Keehn read the following proclamation and also noted that it would be read again on July 23 at the flat track. A PROCLAMATION CITY OF SARATOGA SPRINGS Whereas, in our world filled with problems, the ability to make people laugh is a priceless commodity, and Whereas, throughout history, those talented and energetic artists who have performed as clowns have eased the burdens of human suffering in countless ways. They have fought against depression, illness, pain, war, prejudices and disaster as vigorously as any public official, doctor, or scientist. They have been entertainers, philosophers, teachers, psychologists, and diplomats. They have opened the eyes and minds of young and old alike to all the laughter, kindness, and joy that can be found in the world, and they have accomplished all this simply by being funny, and Whereas, spreading happiness in the midst of disaster is one of the most difficult tasks. This past year, in New Orleans, more than 600 clowns gave aid and comfort to grade school children whose books and supplies had been lost to the hurricane. These courageous and dedicated performers personally delivered thousands of new books and provided priceless moments of entertainment, calmness and hope, Now, Therefore, I, Valerie Keehn, Mayor of the City of Saratoga Springs, am pleased to proclaim the week of August 1 through August 7 as NATIONAL CLOWN WEEK In the City of Saratoga Springs, and to encourage all our citizens to recognize, appreciate and enjoy the artistry of America’s clowns. Sister City Program Mayor Valerie Keehn said this is the 50th anniversary of the Sister City Program. The City has an international sister city -- Chekhov, Russia. She recently attended a sister city conference. She said there were Mayors from both Israel and Palestine asking that local officials try to influence our national leaders on the Middle East crisis. She then noted that the Chekhov delegation was presently in Saratoga Springs. They will meet with members of the community, visit SPAC and a whole host of other activities are planned. She thanked the host families. She then displayed gifts from the Sister City Group and the Russian delegation. Code of Ethics/Policy & Personnel Manual Mayor Valerie Keehn announced that the Code of Ethics and the Personnel Policy and Procedure Manual was in the process of being distributed to employees. These documents will serve as a general guide on the City’s employment practices. They will be updated on a regular basis. Sound Barrier along Northway Mayor Valerie Keehn moved and Commissioner Thomas McTygue seconded to authorize the Mayor to send a letter of support to the NYSDOT on the construction of a sound barrier along the Northway near Wedgewood Drive. She noted that there would be no expense to the City. Ayes all. 6 of 14 City of Saratoga Springs City Council Meeting Minutes Tuesday, July 18, 2006 Design Review Commission Appointments (06-135) Mayor Valerie Keehn announced the reappointment of Rich Martin to the Design Review Commission with his term expiring on July 1, 2009. She also announced the appointment of Chris Bennett with his term expiring on July 1, 2009. She thanked outgoing Board member Tom Richards. SEQRA Lead Agency for Omni Housing Development (06-136) Mayor Valerie Keehn said that a memo from Lew Benton, Planning Board chair, had been distributed to Council members. Last summer the Planning Board became the lead agency for the Omni Housing Development project. However, they were unaware that the Council should have been listed as an involved agency. They are now requesting that the Council consent to the Planning Board having established itself as the SEQR lead agency. Mayor Valerie Keehn moved and Commissioner Ron Kim seconded to defer lead agency status to the Planning Board regarding the Omni Housing Development project. Ayes all. Behan Associates – Extension of Contract Mayor Valerie Keehn withdrew this item from discussion. Declaratory Judgement Action – Racino Mayor Valerie Keehn withdrew this item from discussion. Rip Van Dam Hotel Mayor Valerie Keehn previously discussed. ACCOUNTS DEPARTMENT Quarterly Update Marilyn Rivers reported that there were 33 new workers comp cases year to date with a total of 44. There is coordination with the safety committee on enhancing safety measures on personal protective equipment. There has been no use of the AED equipment at the ice rink. MSDS material has been distributed to departments and there will be training throughout July and August. In September there will be CPR and fleet safety training. She recently contributed to NYCOM’s program on skate park programs which will be published statewide. FINANCE DEPARTMENT Payroll Commissioner Matthew McCabe moved and Commissioner Ron Kim seconded to approve the following payrolls: Ju ly 7, 2006 - $ 441,066.02 and July 14 , 2006 - $ 385,225.87 . Ayes all. Warrants Commissioner Matthew McCabe moved and Mayor Valerie Keehn seconded to approve the following warrants: 2006 Mini Warrant 7/12/06 MC2JUL06 $ 96,277.49 2006 Regular Warrant 7/18/06 2JULY06 $3,835,104.38 Ayes all. 7 of 14 City of Saratoga Springs City Council Meeting Minutes Tuesday, July 18, 2006 Commissioner Matthew McCabe reported that there were two large bond anticipation notes that were paid in the regular warrant. DEPARTMENT OF PUBLIC WORKS Amend Capital Budget Commissioner Thomas McTygue moved and Commissioner Ron Kim seconded to amend the 2006 capital budget in the amount of $102,400 for the Interlaken Water System project. Ayes all. FINANCE DEPARTMENT Bond Resolution – Interlaken Water System (06-137) Commissioner Matthew McCabe moved and Mayor Valerie Keehn seconded to adopt the bond resolution dated July 18, 2006, for the Interlaken Water System in the amount of $102,400 (Attachment C). Roll call vote: Ayes all. Local Law Repealing Charter Section – Limitation on Amount of Local Indebtedness Commissioner Matthew McCabe requested to set a public hearing on a local law repealing charter section 11.2, Limitation on Bonding Capability and enacting a new Charter Section 11.2 Limitation on Amount of Local Indebtedness Which May Be Contracted. This would be subject to permissive referendum. Objections to the proposal can be raised within a 45 day period. This proposal would raise the bond limit from 1 percent to 3 percent of the average full valuation of taxable real estate in the City. The state sets a limit at 7 percent. The City relies on bonding for capital projects and with the increase in construction costs and interest rates, the current limit is not sufficient. Under the existing limits the maximum amount to be bonded in 2007 is approximately $5,520,000 and with the increase to 3 percent it would be approximately $47,809,000. He said the City is not obligated to borrow the maximum amount and he would not advocate borrowing that amount. This will take discipline in prioritizing the City’s needs. The Connolly plan has been around since the 1970s. The capital committee will need to make some tough decisions on their recommendations to the Council. This should be a 40 year program much like the Connolly program and it should not be revisited for another 40 years. The 3 percent is responsible and conservative. He did think about raising the limit to 2 percent but did not believe that was responsible. Commissioner Ron Kim asked how objections could be raised within the 45 day period. Michael Englert said it would need to be in the form of a petition filed by a specified number of petitioners. Commissioner Ron Kim thanked Commissioner Matthew McCabe for taking this initiative. He said his capital reconstruction committee has been discussing the bonding limitation in connection with their construction needs. He was hopeful that they could move forward with the 3 percent. He agreed that the 2 percent did not allow the City enough flexibility. Three percent was a conservative number. Mayor Valerie Keehn said that as the City continues to grow, the needs and desires grow as well. There have been many discussions about a new recreation facility. She commended Commissioner Matthew McCabe for taking this step. Commissioner John Franck asked how this new limit would impact the bond rating. Commissioner Matthew McCabe said he could not predict that, however, his conversations with professionals in that area have been positive. He said the City has made some strong advances in its budgetary practices that have helped with the bond rating. Commissioner Matthew McCabe said he was comfortable with the 3 percent. He looked at all of the numbers from 2 percent to 3 percent and decided that 3 percent was the appropriate number. The Council needs to be conservative and spend this money wisely. He said this is likely one of the most important matters that he has brought to the Council. 8 of 14 City of Saratoga Springs City Council Meeting Minutes Tuesday, July 18, 2006 Commissioner Thomas McTygue said this was a good step, however, the City needs to look at ways to generate revenues. There should be some discussions with SPAC on adding a surcharge to their tickets. They currently charge a $3 service fee when on tickets and they also offer exclusive parking at $10. There are other businesses throughout the community such as Skidmore College that should also be brought into these discussions. He suggested that Commissioner Matthew McCabe research the legalities of adding a surcharge tickets. Commissioner Matthew McCabe said he would do so. A public hearing was set for August 1 at 6:30 p.m. Waterfront Property – Boat Storage Commissioner Matthew McCabe said he is looking at ways to generate additional revenues and one idea that has surfaced is boat storage at the waterfront property. He has talked to staff and to Risk & Safety about the insurance issues and would continue to do some additional research. This would take the cooperation of all departments. It would generate some revenue though to assist in managing this property. He said he would be looking for assistance from all departments on this proposal. Commissioner Thomas McTygue said all of the buildings have been removed and the place is shaping up. He thanked the Town of Greenfield for providing the large roll off truck. That lessened the amount of trips to Hiram Hollow. He hoped he could reciprocate one day with the Town of Greenfield. The cost of this work was well under the projected costs. Commissioner John Franck said boat storage will require items such as insurance for care & custody of the boats, patrolling of the area, additional lighting, fencing, etc. These are associated costs that will need to be considered. Commissioner Matthew McCabe agreed that all of these issues and costs need to be discussed. Commissioner Thomas McTygue said he would look to the committee for their next set of recommendations for this property. Commissioner Matthew McCabe said perhaps there could be some seasonal storage of boats and kayaks. Lillian’s Parking Lot Commissioner Matthew McCabe said Lillian’s Parking lot is an issue that the Council needs to address. There needs to be some discussions on whether the Council is interested in selling the lot. If that is the case, an RFP needs to be developed. Money generated from the sale of this parcel should go towards the Woodlawn Avenue parking deck. Parking is part of the package though with the sale of this parcel. There needs to be discussions that parking remains available at this location until the deck is built. Commissioner Thomas McTygue said he was willing to develop an RFP and circulate it to the Council. He then informed the Council that there have been some preliminary discussions with the County on the City purchasing the County building on Woodlawn Avenue. Cheryl Keyrouze said she should have an answer to that question by the end of August. Commissioner Thomas McTygue said selling the parking lot parcel and purchasing the Woodlawn Avenue building would move some of the parking from the Broadway area to the other streets off Broadway. Commissioner John Franck said the City could do nothing with the Lillian’s parcel, sell it or consider a long term land lease. This is a valuable piece of real estate in the center of the City and perhaps there should be some consideration given to a 99 year lease. A decent stream of income could be gained from a lease. He also believed that more revenue could be gained from leasing rather than selling. Leaving the land as a parking lot is the least favorable option. Commissioner Matthew McCabe agreed that all of the options needed to be reviewed. Cheryl Keyrouze said there needs to be public hearings on selling the parcel. Council members agreed that the proper protocol would be followed. Mayor Valerie Keehn said this has been a good discussion. She would like to see some opportunity for the local downtown businesses to provide some input and that should be done before an RFP is developed. Commissioner Matthew McCabe agreed that the RFP process should not be rushed. However, this items needs to be moved along. 9 of 14 City of Saratoga Springs City Council Meeting Minutes Tuesday, July 18, 2006 Second Quarter Financial Report Commissioner Matthew McCabe said the second quarter financial report had been submitted to the City Clerks office. He said that expenditures and revenues were on target and were similar to 2005 figures. DEPARTMENT OF PUBLIC WORKS Amend Capital Budget Previously discussed. Barton & Loguidice Contract Commissioner Thomas McTygue moved and Commissioner Matthew McCabe seconded to approve the amendment to the Interlaken contract with Barton & Loguidice to include the additional fee of $4,300 for the broader scope of services. Both the City Attorney and the Risk Manager have reviewed the contract. Ayes all. Youth Hockey License Commissioner Thomas McTygue moved and Commissioner Ron Kim seconded to authorize the Mayor to sign the license agreement and adopt the following resolution for the Youth Hockey program. WHEREAS, the Saratoga Springs City Council finds that the License Agreement with Saratoga Youth Hockey , Inc, attached hereto, would provide a public benefit to the people of the City of Saratoga Springs, NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Saratoga Springs shall hereby authorize the Mayor of Saratoga Springs to sign the attached License Agreement with Saratoga Youth Hockey, Inc. Ayes all. Hazardous Waste Day (06-138) Commissioner Thomas McTygue moved and Commissioner John Franck seconded to adopt the following resolution and sen d it to the state concerning the hazardous waste day to be held on October 7, 2006. Resolution Authorizing the Filing of an Application for a State Assistance from the Household Hazardous Waste (HHW) State Assistance Program and Signing of the Associated S tate Contract, under the appropriate Laws of New York State. WHEREAS, the State of New York provides financial aid for the household hazardous waste programs; WHEREAS, the City of Saratoga Springs, New York, herein called the MUNCIPALITY, has examined and duly considered the applicable laws of the State of New York and the MUNICIPALITY deems to be in the public interest and benefit to file an application under these laws; and WHEREAS, it is necessary that a contract by and between THE PEOPLE OF THE STATE OF NEW YORK, herein called the STATE and the MUNICIPALITY be executed for state aid; NOW, THEREFORE, BE IT RESOVLED by the City Council of the City of Saratoga Springs , New York 1. That the fling of an application in the form required by the State of New York in conformity with the applicable laws of the State of New York including all understanding an assurance contained in said application is hereby authorized. 2. That the Commissioner of Public Works or his designee is directed and authorized as the official representative of the MUNCIPALITY to act in connection with the 10 of 14 City of Saratoga Springs City Council Meeting Minutes Tuesday, July 18, 2006 application and to provide such additional information as may be required and to sign the resulting contract if said application is approve by the STATE; 3. That the MUNICIPALTIY agrees that it will fund the entire cost of said household hazardous waste program and will be reimbursed by the State for the State share of such costs. 4. That five (5) certified copies of this Resolution be prepared and sent to the NYSDEC together with a complete application . 5. That this resolution shall take effect immediately. Ayes all. Water Treatment Plant – Change Order Commissioner Thomas McTygue moved and Commissioner John Franck seconded to approve two change orders to the Water Treatment Plant Disinfection System Improvements as follows: Change Order #1 is for time extension only and has no cost impact for both contractors . R.F. Gordon Mechanical and Stilsing Electric; Change Order #2 is to increase the cost of the contract with R.F. Gordon Mechanical in the amount of $3,524 for extra plumbing work not covered by the original contract . Ayes all. Sewage Pumps – Waive of Bid Commissioner Thomas McTygue said there is an emergency situation with the sewage pumps at the Lake Avenue station and they need to replace the pumps. Mayor Valerie Keehn asked how many pump stations the City owns and is there a cycle for replacing the pumps. Bill McTygue, Director, Utilities, they are developing a schedule for replacement of the pumps, however, there were many factors involved such as money, manpower, length of time when ordering equipment, etc. Mayor Valerie Keehn said she was not questioning the emergency nature of this situation but rather simply whether there was a replacement schedule. Bill McTygue said the City maintains the pumps and many of the stations have been retrofitted with emergency generators. They have a successful program and it will take some time for full implementation. Commissioner Thomas McTygue said on Doten Avenue, a developer recently purchased the generator for that pump station. Commiss ioner Thomas McTygue moved and Mayor Valerie Keehn seconded standardize to Gorman Rupp sewage equipment. Ayes all. Commissioner Thomas McTygue moved and Commissioner McCabe seconded to waive the bid for the sewage pump installation at the Lake Avenue pump station. The pumps are Gorman Rupp pumps with installation by Siewert Company. The total cost will not exceed $30,162. Ayes all. Church Street – Woodlawn Avenue Parking Garage – Change Order #7 Commissioner Thomas McTygue moved and Commissioner Ron Kim seconded to approve change order #7 for the Woodlawn Avenue (Church Street) Parking Garage in the amount of $19,992 for the fencing. The money is within the parking deck budget. There is currently a balance of $49,307 in that line. Ayes all. Machine Rental - ARTCO Commissioner Thomas McTygue moved and Commissioner John Franck seconded to approve the rental of the machine from Artco Rental for removal graffiti removal in the amount of $1,800. It will be paid from the insurance line. Ayes all. DEPARTMENT OF PUBLIC SAFETY Street Changes (06-139) 11 of 14 City of Saratoga Springs City Council Meeting Minutes Tuesday, July 18, 2006 Commissioner Ron Kim moved and Mayor Valerie Keehn seconded to approve the following street changes: Gray Birch Court to Greybirch Court; Moore Drive to Moore Avenue; Reservation Drive to Reservation Avenue; Garside Road from Kaydeross Park to the end and Zephyr Lane from Race Street to the end. Ayes all. Street Numbers (06-140) Commissioner Ron Kim said this was a proposal to amend Chapter 201 Street Naming and Numbering. He reminded everyone that there was a power point presentation at the last Council meeting. There are two parts to this proposal: a) the ordinance, and b) procedures. He informed Council members that yesterday there was a meeting with neighbors from two areas of the City (Myrtle Street and Piping Rock Circle). There were 48 homeowners impacted with 8 attending the meeting. Of the 8, 2 had concerns but understood the public safety issue. Under the new procedures, there will be public outreach with homeowners. The larger issue was the constraints on the City Engineer. Under the existing ordinance, the City Engineer cannot assign house numbers outside the existing range. That would require him to appear before the Council. The City Engineer currently can modify the numbers within the range but cannot go outside of the range. Other changes to the ordinance include the size of the number to be placed on the building, standards for private/shared driveways, and other minor issues. Commissioner Ron Kim moved and Commissioner John Franck seconded to adopt the ordinance for Street Naming and Numbering as presented (Attachment D). Commissioner John Franck said his concern was a fundamental issue that he believed the Council was giving up some of its authority and assigning it to the City Engineer. He believed that street names and numbers rested with the Council. Commissioner Thomas McTygue said that a few years ago there was an issue with the White Farms Road residents. The Council, at that time, decided to leave the numbering as is and informed those residents that the Council absolved itself of any liability should an emergency vehicle not be able to find the correct house. Those residents accepted the liability. He agreed that it was not the responsibility of the City Engineer to make these changes. He liked yesterday’s process of bringing the homeowners in to discuss the matter, however, the decision making belonged to the Council. Commissioner Ron Kim said that politics should be left out of this matter. It is not a political issue but rather a public safety issue. Emergency vehicles need to be able to find the house. If the Council is going to listen to the homeowners who come in and complain that they don’t want their number changed, it defeated the purpose of the 911 system. This needs to be taken out of the political realm. He reminded everyone that there is no desire on the City Engineer’s part to make sweeping changes and attempts will be made to work within the current confines. If each street is examined on a case by case basis by the Council, it could defeats the 911 purpose of being able to locate at house. Commissioner John Franck said the decision rests with the Council. Mayor Valerie Keehn reviewed the existing ordinance noting that the City Engineer already has quite a bit of authority. Frank Dudla, Deputy Commissioner, DPS, said the City Engineer currently has the power to modify numbers within the existing range. The new procedures, if adopted, will allow for meetings with property owners. Generally homeowners realize the value of changing their number. Commissioner John Franck said there was no reason that the range change could not be brought back to the Council. Commissioner Matthew McCabe asked if the Council would be able to override the City Engineer’s decision. Commissioner John Franck said no. Commissioner Ron Kim asked why the Council would want to override such a decision. The changes would be made for public safety reasons. Commissioner John Franck said it was the Council’s obligation to listen to the public on such matters. 12 of 14 City of Saratoga Springs City Council Meeting Minutes Tuesday, July 18, 2006 Ayes: three (Commissioners Matthew McCabe and Ron Kim and Mayor Valerie Keehn); Nays: two (Commissioner John Franck and Thomas McTygue). Motion carried . 2006 NYRA Contract Commissioner Ron Kim moved and Commissioner John Franck seconded to authorize the Mayor to sign the contract with NYRA in the amount of $60,000 for the 36 day meet. This contract provides three firefighters each day of the race. He noted that this is an increase of $10,000 over last year’s contract. Ayes all. Firefighter Fingerprints to DCJS Commissioner Ron Kim requested that a public hearing be set for August 1 at 6:20 p.m. for the firefighter fingerprinting process with the Department of Criminal Justice Services. NIMS – Announcement Commissioner Ron Kim announced that the City’s Fire Department will conduct the required NIMS training classes for all employees. He said generally, all employees will be required to undergo the 700 and 100 training. This training must be done by September 30. The Fire Department is proposing to use Station #1 on Mondays and Tuesdays at 9:00 a.m. He asked that Council members get back to him on whether those dates and times would be good for their employees. He said the training is also offered on line. Commissioner Thomas McTygue asked if the training could be done at the DPW garage for his employees. Commissioner Ron Kim said he would check but believed that it could be done at the DPW garage. School Resource Office Contract Commissioner Ron Kim moved and Commis sioner Thomas McTygue seconded to authorize the Mayor to sign the contract with the school for the Resource Officer. It is a 65/35 split. The officer will be former DARE officer John Kelly. Ayes all. SUPERVISORS Joanne Yepsen County Update -- Equalization & Assessment: The next public auction will be held on September 19. The County cancelled $5,000 of back taxes owed in the City by New York State. County Racing: They met with NYRA officials on their past, present and future plans for the track. NYRA is hopeful for their future at the track. There was consensus on that the County needs to maintain a strong horse industry. Water committee: The County met with the engineers concerning the comments on the DEIS. Those comments will be added to the FEIS which will be out in mid August. They also voted to begin the easement process on the 184 properties for that project. Land Protection committee: They will meet again at the end of August to review the applications for the grants. They will also review the final proposal for the green infrastructure plan. County calendar: The County calendar for August is available. County Fair: She encouraged everyone to attend the County fair. Cheryl Keyrouze Committee meetings: Insurance and Risk management: The workers comp report was reviewed. They also developed a tentative self insurance budget for 2007. Equalization and Assessment: The recent auction netted the County $369,385. The Town of Milton bought land near the airport. Law and Finance: The IDA approved bonds in the amount of $970,000 to refinance the project for the Disabled Citizens Corporation. County Clerks Office: They recently received two grants under the LGMRIF program. 13 of 14 City of Saratoga Springs City Council Meeting Minutes Tuesday, July 18, 2006 Resolutions: Local Law 171 was approved on the allocation of zoned lands for expansion of the sport manufacturing project. This project is located within the Empire Zones. Horse Park Presentation by NYS Horse Park Committee: There will be a presentation of the horse park program at the library on July 20 at 7:00 p.m. County Sewer Meeting: Cheryl Keyrouze will try to set up the meeting between the Council and the County Sewer Commission for September 27 at 3:00 p.m. in Mechanicville. NIMS: The County recently adopted a resolution on the NIMS program and she shared that resolution with Commissioner Ron Kim. PUBLIC COMMENT PERIOD Mayor Valerie Keehn opened the second public comment period. Wilma Koss suggested that the Council consider reading the items on the consent agenda for the audience at home listening. There being no one else wishing to speak, Mayor Valerie Keehn closed the public comment period. ADJOURNMENT Mayor Valerie Keehn moved and Commissioner Thomas McTygue seconded to adjourn the meeting at 9:30 p.m. Ayes all. There being no further business, Mayor Valerie Keehn adjourned the meeting at p.m. Respectfully submitted, Kathy Moran Approved: Clerk 14 of 14