City Council

CITY OF SARATOGA SPRINGS CITY COUNCIL MEETING CITY COUNCIL ROOM TUESDAY, AUGUST 15, 2006 5:25 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 Patrick Design, Deputy Commissioner DPW 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 5:25 p.m. EXECUTIVE SESSION Council members adjourned to executive session at 5:25 p.m. to discuss the Freightenberg Matter, and tax certiorari litigation concerning the School District and Quad Graphics. Council members returned at 6:15 p.m. and reported that action would be taken regarding the settlement of the certiorari case later in this meeting. PUBLIC HEARING Mayor Presents Capital Program and Public Hearing Mayor Valerie Keehn said that the capital budget was ready for presentation because of the hard work of many City employees including Deputy Mayor Finneran, the director of Public Works, Bill McTygue, City Planner, Geoff Bornemann, City Engineer, Paul Male, Risk and Safety Manager, Marilyn Rivers, Recreation Director, Linda Terricola, the Director of Finance, Christine Gillmett Brown and the Deputy Commissioner of Finance Lynn Bachner. Mayor Keehn said that the City’s Charter mandates that that it is the Mayor’s responsibility to prepare a six-year capital program with a list of projects for each year. She said that the program criterion consists of projects for which the City has previously received funding, projects mandated by the City’s insurance program, and the actual annual budget impact. The projects must have a useful life and substantial community benefit. The six-year plan includes some major projects including an EMS facility, a Recreation facility, and improvements to increase City Hall security. She said that the total of the capital budget for 2007 is $8,690,000. In 2008, the total jumps up to $14,000,000 due to the proposed City of Saratoga Springs City Council Meeting Minutes Tuesday August 15, 2006 Police Station. The projects are set in order of the top ten priorities, with the items previously funded by other sources or mandated by the insurance carrier on top. She said that the past budgets were $3,609,000 in 2005 and $4,139,000 in 2006, both of which include increases by budget amendments. She said that the 2007 Capital budget would be comparable to the last two years without the proposed facilities. Mayor Keehn said that the current bonding authority of 2006 is set by what is known as the Connolly Plan at 1% for a capacity of 21 million, but the total proposed capital debt over the 6 years is 25 million. With approved 2% bonding, the capacity is 49,586 million. Bonding spreads out costs over multiple years, and is a good way to finance major projects and minimize the impact and it is an investment in the future. She said that the public should get involved in open government. Mayor Keehn said she is not endorsing any one project, each major project must stand on its own merits and the full costs must be defined including total build-out, equipment and furnishings and related costs. She said the next steps are to hold a public hearing September 5, and present the final capital program to the City Council on September 5 for the vote. Commissioner Kim said that Saratoga is a thriving community and the current Public Safety facility is inadequate, particularly the police department. He showed a power point presentation of pictures of the cells and various parts of the police station. He said that the first response from the Fire Station should be less than eight minutes; arrival is key and a nine minute arrival means a one in 15 chance of survival. He showed a map of the City of Saratoga Springs that was color-coded showing time away from the station. He noted that the red area is a rapidly expanding area and has a response time of over six minutes. Mayor Keehn asked for comments from the public. There being no one that wished to speak on the Capital Budget Program, Mayor Keehn closed the public hearing. PUBLIC HEARING Zoning Amendments – Senior Housing Commissioner Franck said that he is pulling this item from the agenda but the public hearing could be left open. Mayor Valerie Keehn opened the public hearing. There being no one that wished to speak on the zoning amendment regarding senior housing, Mayor Keehn announced that the public hearing would remain open for when this item is brought back to the City council agenda. PUBLIC HEARING Zoning Amendment: Recreation Fee Changes Mayor Keehn said that the proposed amendment would amend the zoning ordinance to require the developers of all new residential units, including condos and apartments, to pay a $1,500.00 recreation fee per unit. The money would be used partial payment on the debt service for the Recreation Facility. The amendment was reviewed by the Saratoga County Planning Board on July 20, 2006 and approved. Mayor Keehn opened the public hearing. There being no one who wished to speak on the proposed zoning amendment regarding recreation fees, Mayor Keehn closed the public hearing. Page 2 of 20 City of Saratoga Springs City Council Meeting Minutes Tuesday August 15, 2006 PRESENTATION City Auditors – 2005 Financial Statements Commissioner McCabe presented the Director of Finance, Christine Gillmett Brown and representatives from Bollam & Sheedy, Will Reynolds and Dick Donolfo to discuss the audit of the City’s 2005 financial statements. Richard Donolfo said that the format of government financial statements has changed. He said the beginning of the report includes a description of the process used by Bollam & Sheedy. He said that pages 2 through 11 include management’s discussion and analysis of the financial statements. The report contains the supplementary information required by accounting principles; these are reviewed but not audited. Will Reynolds said that the annual financial statements and annual update documents are required by New York State law. The annual update document is different although it is created from the same information. Government-wide financial statements present a broad overview and contain both assets and liabilities. He said that the city has $60m in total assets; fixed assets include infrastructure, water and sewer system and buildings. There are $29.4m in liabilities for a net asset of $30.6m. He reminded the Council that the amount of fixed assets cannot be spent. He said that statement of activities is in a different format than the annual update document and is broken down into the areas that each commission is in charge of. The statement shows the true cost of operations and revenues generated. For most activities there is not a lot of charges for services, therefore there are big numbers for expenses and small numbers for revenue. This section also shows that some grants were received. He explained that the net result of expenses and revenues indicates that water, sewer and the city Center generate enough money to subsidize operations. He said there is real property tax, sales tax and non-property tax. In 2005 the city received $791,000 from the County for local assistance and interest earnings. He said that examining the expenses generated provides general information that is useful for the future. They reviewed specific aspects of the financial report explaining the financial statements and the reconciliations. Richard Donolfo said that the reconcile items indicate the difference between business and government accounting. He said the city has $34m in capital assets. He explained that these are complicated because municipalities still budget based on fund-based accounting in order to be in compliance with new accounting principles for local governments. He said there is good information in the narratives of the report and in the graphs. It was noted that the City received more than $500,000 in federal funds in 2005. In the single audit report, there were no material weaknesses, no reportable conditions which is a credit to staff and the Commissioners and shows that the employees are diligent and are complying with the rules and regulations. Richard Donolfo said the report packet includes a three to four page letter of findings with a management letter that provides a chance to make recommendations. He suggests that the city eliminate some of its bank accounts and combine its separate reserve accounts into as few investments as possible. He said that the City has made improvements in the area of capital assets but there needs to be more communication between departments. There needs to be a better understanding of the definitions of different assets. Commissioner McTygue commented that there are some good professionals in City Hall. Commissioner McCabe commended Finance Director Christine Gillmett Brown and Deputy Page 3 of 20 City of Saratoga Springs City Council Meeting Minutes Tuesday August 15, 2006 Finance Commissioner Lynn Bachner and said he is happy to see these results. He said the competence of the staff is commendable; there are a lot of people working hard in City Hall. Cheryl Keyrouze said that in reference to the GASBY program it was mentioned that local governments should start a trust fund and they inferred that bond rating could go down if the trust fund was not started. Will Reynolds said that the bond rating is impacted if something is a true liability. The GASBY board suggests that Cities start realizing the detriment of this benefit from a bond rating standpoint; it affects it because it is a debt, so funding it with a trust fund, is fiscally prudent. The problem exists everywhere. Commissioner McCabe said that the city is in a situation where the single most important obligation is the paying of post retirement benefits and until there is a way to negotiate this, it is the single biggest liability and a program that might have to be extracted in the future or there will never be any relief in tax obligation. Commissioner Kim said that it is important to realize that a lot of these benefit programs being established are unfunded mandates. The State legislature is passing generous benefit packages and each City and municipality is faced with deciding whether to keep the benefits or not. He said the Council should make the effect of this legislation on municipalities clear to State Government officials. There are 5 or 6 bills in the State now for increases or additions to various benefits, and the City Council must consider whether the benefits are appropriate for our workforce. Commissioner Kim said that in reference to the management letter suggesting management policies, the Council should address the suggestions and consider whether to implement them. Commissioner McCabe said these are being addressed. Mayor Keehn thanked the presenters of Bollam & Sheedy for their report. PUBLIC COMMENT PERIOD Mayor Keehn opened the public comment period. Bob Israel, member of the Saratoga Springs Planning Board said that he was sent by the Planning Board from a Special Meeting to update the City Council regarding proposed development at the Racino. He said that the Board has a great deal of concern regarding the expansiveness and rapidity of development in Saratoga Springs. He said that the board desires to preserve the concept of Saratoga Springs as a City in the country which is not easy to do, especially when it requires mandating a developer to tailor his plans accordingly. Bob Israel said that the proposed development of the Racino will have eventual and profound impact on our City, and the Board serves to safeguard the existing character of our City. Accordingly, the Board will modify its original position, ask the Racino to come forward with a site plan, and have outside Counsel review the City’s position and determine likelihood of success should the City decide to go to court regarding the SEQR Negative Declaration. He said that the actual position of the Planning Board is for the City not to exclude the possibility of a lawsuit, but to try everything else first to possibly arrive at a compromise. He said that Robert McLaughlin, Deputy Director of the New York State Division of Lottery insists that a hotel and convention center would not be considered amenities. Bob Israel said that the Board wants to take a legitimately reasonable approach and the City should assert its authority as much as possible both in regards to the proposed and to future expansion of this facility. Page 4 of 20 City of Saratoga Springs City Council Meeting Minutes Tuesday August 15, 2006 Mayor Keehn said that Dan Gerrity of the Racino believes a meeting will be set up with the Planning Board, the New York State Lottery Division and Racino management very soon. Lew Benton, Chairman of the Planning Board announced that he is no longer employed by the Racino and he has explained this to the City’s Ethics board and they have indicated that only a disclosure is required, not a recusal. He said that the Division of Lottery issued a copy of the SEQR negative declaration to the Planning Board. The Office of General Services and Robert McLaughlin disagree about the City’s review authority, and Mr. McLaughlin is willing to state on record that a hotel or convention type facility would not be immune if proposed in the future, to the review process of the City. Lew Benton said that all members of the Planning Board have been invited to participate in a meeting with the New York State Division of Lottery at the Office of General Services in Albany and all informal reviews and comments will be considered. He said that hopefully this meeting will help move this issue forward so we all understand the ground rules; there are opportunities here and the board recommends that the City Council not surrender their position. There might be a chance for successful litigation, but the Council must examine whether the project would have a negative impact on our community. Lew Benton said that the Planning Board has an attorney that specializes in the State Environmental Quality Review Act (SEQRA) and the sense is that we would have a chance through the SEQRA process since Counsel has said that a negative declaration without a site plan is a little unusual. It must be determined whether the SEQR Negative Declaration is fatally flawed. Commissioner Franck asked for a copy of the report. Lew Benton said he be sure that those materials are distributed to the Council. Mayor Keehn added that Mr. Gerrity and Senator Bruno discussed the concerns of the Planning Board regarding future expansions of the Racino. Charlie Morrison, 88 Court Street said that the 2001 Bond Act required the City Council to adopt land acquisition criteria for the land acquisition committee to use. He said he has reviewed the criteria and recommends that the Council adopt them. He suggested that a future amendment include a rating system to prioritize and rank projects, and there should be guidance for improvement projects and the word “improvements” should be specifically defined. Mayor Keehn said she would pass the suggestions on to the committee and thanked Mr. Morrison for his input. Carrie Woerner, Executive Director of the Preservation Foundation said that the City Council’s effort to stabilize the Rip Van Dam wall is languishing. She said there is no valid contract, but the foundation is willing to assist the City in securing a qualified contractor. She asked why there are extra insurance requirements when they are not mandated by the Comptroller. She is concerned that the property owner wants to demolish the property without a permit. She said that at the time there is no indication that the owner wants to demolish the wall, but the demolition must be approved by the Design Review Commission and a permit obtained from the Building Department. Commissioner Franck said that there are different insurance requirements for different circumstances and different deductibles. Carrie Woerner said that adequate insurance of the contractor should suffice. John Franck said that even with the City being additionally insured, the concern is whether the City is adequately covered in the event that the owner (Bruce Levinsky) decides to sue the City. He said that misinformation is getting out, and it should be understood that the Risk and Safety Manager is not trying to slow the process. The insurance requirements could be included in the review of the contract. Carrie Woerner said it should be decided whether issues are addressed if the appropriate contract insurance is supplied and additional insurance criteria is required. She said that the Preservation Foundation is ready to help. Mayor Keehn said that she is glad to hear the comments and the City has been trying to work with the owner. She said the city’s Page 5 of 20 City of Saratoga Springs City Council Meeting Minutes Tuesday August 15, 2006 insurance carrier must advise the council as to whether the contractor’s insurance is adequate. Dave Bronner, 5 Royal Henley Court said that the capital budget presents important and necessary expenditures including three sorely needed facilities. He is surprised that the money for the proposed new city water system was not budgeted/ He said that the proposal to tap the Saratoga Lake has jumped to $30m in taxpayers’ money and nothing has been done, but the County’s water plan is progressing nicely. He said that the City Council should decide that the Saratoga Lake option is not fiscally viable and choose to go along with the County water plan and remove water expenditures off the table. He said he supports the effort to change the form of government in the City of Saratoga Springs to a separation of powers into executive, legislative and judicial because the current form that combines the executive and legislative branches does not work; it is not right that members of the executive branch have legislative powers also. Bob Kenyon, Elizabeth Lane and Ken-Mar Development said that the building they are trying to build at 20 Martin Avenue is small compared to most projects in the City. He has a building permit but he needs Commissioner McTygue to sign a paper. He said the project has been approved by all Boards to proceed but Commissioner McTygue ordered people off the site, parked his truck to block the project that has already been held up for many years. He said that according to John Behan, the open space committee is not interested in the parcel. Commissioner McTygue responded that the project was approved by the Planning Board 12 years ago on the condition that permission is granted by the Department of Public Works to go through City land. He said he is protecting the rights of people in the neighborhood. He said he wants to hold a public hearing on this Bingham Street parcel, but he wants to have a discussion with the land acquisition committee and review the project. He said that the developer said he was interested in selling this property. Anyone developing this parcel would need approval from the DPW to go through City property. Mayor Keehn asked City Planner Geoff Bornemann if there were other developments that had to access land through a paper street. Geoff Bornemann said yes, approval from DPW is needed, and neighbors are upset about this development, a neighborhood committee has been formed. Bill McTygue, Director of Public Works said that no protocol has been followed here. There is a note on the plot plan that the project owner is required to seek approval from DPW to gain access through a paper street, and the Planning Board’s approval is contingent upon that approval. The neighbors are objecting. A survey map was submitted to the Land Acquisition Committee for possible purchase and the property owner wanted to move that process along, but now the owners want to build. Bill McTygue said that the Neighbors submitted a petition to have the property preserved under the open space bond act. He said that as a former member of the Planning Board, he would have objected to developing this back parcel, it is a small hillside lot surrounded by extensive growth and slope. The neighborhood would prefer to preserve the green space. He said that as the Director of Public Works, he has the right to protect City property from further access by excavation equipment, and DPW is attempting to solve the problem to the benefit of the neighborhood. The Land Acquisition Committee must be reconstituted so they can discuss this. Jeff Olsen, Chairman of the Land Acquisition Committee said that he has served 4 years on the committee and the committee has helped with the acquisition of waterfront parcels, recommended pocket parks and several new proposals are being discussed. They continue to listen and are looking for a willing seller, a fair market price, and they need a 3/5 City Council approval. The committee is willing to work with any neighborhood and they will be happy to discuss this issue with the department of Public Works. Page 6 of 20 City of Saratoga Springs City Council Meeting Minutes Tuesday August 15, 2006 Tom Frost said he is an architect and finds the Rip Van Dam issue interesting. He said that it is part of the fabric of this City and deserves to be carefully examined. He said there is the issue of “demolition by neglect”. The owner has done fantastic projects in this City, yet this wall has been determined to be in eminent danger of collapse, and the process has been helped along by water deterioration from the extensive rain this summer. There is a precedent-setting public safety issue in progress here and we are fortunate that we have a process to deal with these issues. Doug Kerr, 60 State Street said that the situation at the Rip Van Dam should never have happened. It is one of the last two hotels remaining on Broadway and was built in 1840, and represents a lot of history, the beginning of the development of Saratoga Springs in the pre-civil War era. He said that the City must figure our how to get the owner to stabilize the wall and show people that it will not just be a vacant lot if there is a demolition but it will be replaced. The City must develop a way to deal with the process of demolition by neglect. Cheryl Gold, 199 Woodlawn Avenue said that she has 40 years of experience in restoration and she is active in the Preservation Foundation and is familiar with the work of Ryan Biggs. She said they have specialized experience and more expertise than City employees. She asked the City Council to move forward and approve the stabilization of the building, and suggests having the Preservation Foundation assist with the preparation of the specifications. Kyle York, 159 Railroad Place said that the environmental impact study (EIS) for the county water plan is now available and contains a map that shows the extent of PCB concentration. He said mercury is evident in a seven mile stretch that is said to come from the atmosphere but since it is concentrated in the one stretch, he believes it is there because of the paper mill. Jim Gold, 199 Woodlawn Avenue said that if the Rip van dam wall was located in the front of the building, this would not be an issue. Its owner, Bruce Levinsky is well aware of the historic value of the building and he had never intended to save the rear half of the building. He said he does not want to reward Mr. Levinsky for his failure to be a proper steward of this historic property. John Cromie, Attorney, 132 Bath Street, Ballston Spa, NY said in reference to the Rip Van Dam, what Saratoga Springs does is important to surrounding communities. If the City goes to court, the court could rule for either jail time or a fine. If the case is brought to the Supreme Court, they have equity jurisdiction meaning that they could bring all parties involved together and craft something enforceable such as requiring that the owner pay all of the City’s costs either directly or through liens. He urged the council to start legal action in attempt to reach a resolution of this matter. Dennis Wilson, 318 Finch Road said that the citizens, elected officials of this community have transformed this City into a world famous destination. Although a decision to demolish this is an expedient solution it is not necessarily the best. He encouraged the Council to find a solution through other processes. Mark Lawton, 55 Nelson Avenue said that the Rip Van Dam is designated an historically important building, the anchor for the historic district. He said it was the core of the revitalization of the City and it helped lead Saratoga Springs out of the doldrums of the 50’s and 60’s. He said that our elected officials act as towards of this special community, on behalf of our citizenry, and the process and laws currently in place should determine the action taken to preserve this building and the outcome of that action. He said that a contract for stabilization with necessary specifications to protect the City must be prepared using the assistance of the Preservation foundation if necessary. He urged the Council to proceed under existing laws and permit the stabilization to take place. Page 7 of 20 City of Saratoga Springs City Council Meeting Minutes Tuesday August 15, 2006 Anthony Martino, Ken Mar said that they started the project in 1997 and per case law they should be able to use the unfinished paper street to get to the lot. He tried to sell the lot in 2004 to two different buyers, attempted to sue in 2005 for the right to hook up water. Then they decided to begin excavation and have been deterred by the Department of Public Works. He said that Behan is not interested in this parcel for parks or open space. He said that he and his partner, Ken-Mar have decided not to sell unless they are financially forced to because of this situation since they have spent more money on this project than planned. He said that if the property cannot be developed now, they might not be financially able to continue the project. He said their civil rights are being violated since they should be able to develop their property and not be coerced into selling it to the City. In the interest of time, Mayor Keehn closed the public comment period at 9:05 p.m. PRESENTATION eGovernment Grant – Online Payment of Parking Tickets Commissioner Franck and Commissioner McCabe thanked Kevin for his hard work on this project. Kevin Kling, Information Technology Systems Manager said that the project implementation has been completed and the infrastructure is now in place. He said that the project exemplifies a successful cooperative effort between several City departments. He explained and demonstrated that there is now a flexible Web infrastructure that serves to expedite information to the public by allowing Departments to directly post documents onto the Web through a content management system. He said that one of the requirements of this records management grant was to include a business component, which is the ability to pay parking tickets online. He said that the system is now in place and there is full electronic payment capability. He demonstrated the payment of a parking ticket, and said that the connections are completely secure. Kevin Kling explained that the system contains infrastructure that allows the city to continue to add and automate business processes. He said that the eGovernment committee will continue to have a lot of input regarding which functions are added and what changes should be made to the Website as a result of requests or concerns from users. Commissioner Kim said he is concerned about spam. Kevin Kling said that they filter out a lot of spam and he will meet with Commissioner Kim to discuss the issue further. Supervisor Keyrouze said she is concerned that things on the City’s Website are not as easy to find as they were. Kevin Kling said that he welcomes all input and most of those issues are easy to resolve, He said that the system enables agendas and meeting announcements to be posted in a timely fashion and automatically delete or update as set. The project has set the structural stage for continuous improvements. Commissioner McCabe commended the project and said it is a work in progress that was fully funded with grant money. CONSENT AGENDA Mayor Valerie Keehn moved and Commissioner Matthew McCabe seconded to approve the consent agenda as presented: 1. Approval of the August 1, 2006 City Council meeting minutes. 2. Award of Bid: Sale of Used Vehicles: Item #1 MRP Services - $1,027.17; Item #2, Key Motors - $1,677.00; Item #3 Key Motors - $3,197.00; Item #4 Key Motors $1,477.00. Page 8 of 20 City of Saratoga Springs City Council Meeting Minutes Tuesday August 15, 2006 3. Rejection of Bid: Collection Agent Services for parking ticket fees-Scope of services and needs of the department have changed. 4. Approve Payrolls: 08/04/06 $396,241,29 08/11/06 $395,339.57 5. Approve Warrants: 2006 Mini Warrant: 08/09/06 MCIAUG06 $150,683.70 2006 Regular Warrant: 08/15/06 2AUG06 $278,682.07 6. Approve Budget Transfers – Payroll, as presented 7. Approve Budget Transfers - Regular, as presented 8. Approve Budget Amendments – As presented 9. Vote: Accept Two Donations – Outstanding Athletes Banquet: Ball Corporation, $2,500; Roohan Realty, $1,000. Ayes all. PUBLIC SAFETY DEPARTMENT Rip Van Dam Since there were numerous people in the audience that had commented on and were interested in the topic of the Rip Van Dam, Mayor Keehn permitted Commissioner Ron Kim to move his second item, Discussion of the Rip Van Dam, up on the agenda. Commissioner Kim said that after the last city Council meeting the consensus was to re-inspect the Rip Van Dam. The original inspection was limited to the exterior wall which appeared to be in danger of imminent collapse. He said the Code Inspectors went to the City attorney and obtained an order from the judge that the developer or the city must stabilize the wall. They subsequently fully inspected the building and cited Bruce Levinsky with violations of various codes and ordinances. He said that the purpose of reviewing the entire building for code compliance is to document current code violations exist beyond the exterior wall. An appearance ticket was served on Bruce Levinsky to appear in Court on August 18, 2006. Commissioner Kim said that his office is not recommending or taking a position to demolish the building, they are only asking the judge for the imposition of significant fines, including $250.00 per day for violation of city codes and $1500 per day for State code violations. He said that another misconception is that there is no equity. He said his staff reviewed the situation, the Court has heard the case, and the judge visited the building despite the risks since the stabilization plan has not been done. The City will go to the State Supreme Court, but when the owner has not complied with the code, penalties should be enforced by the courts. Commissioner Kim stated that there is no desire and no assumed direction to demolish the structure. Public Safety must enforce the codes and ensure that the building is safe. He invited the Preservation Foundation to come to the office of the Department of Public Safety to make their case. He said he will make the argument that the building is in violation of State and local fire and building codes, and if the City Council decides to stabilize the building, the department of Public Safety has no difficulty with that decision. He reminded the Council that the hearing was scheduled for 9:00 a.m. Friday, August 18 in City Court. Commissioner Franck asked what the next step is if the City is not comfortable with the outcome of Friday’s hearing. Commissioner Kim said that any remedy could be named, but if a party challenges the court remedy, it would delay the process. He said there has been continued deterioration so the department wants to impose fines as well as enforce codes. He said his agenda is only as the Commission of Public Safety, there is no personal agenda, and the Judge is Page 9 of 20 City of Saratoga Springs City Council Meeting Minutes Tuesday August 15, 2006 paid to make the official decision. Mayor Keehn asked if Code enforcement of the Fire Inspectors recommended demolition. Commissioner Kim said no, their concern is code violations. There are numerous fire hazards, too much fire load that must be removed as soon as possible. Commissioner Kim asked if a proper contract was put in place facilitated by the Preservation Foundation, with the insurance pieces in place and the blessing of the Risk and Safety Manager, would the city council be willing to move forward with the stabilization. John Franck said that Marilyn Rivers, the City’s Risk and Safety Manager is required to review contracts and her concern is whether the coverage is adequate; a cost must be determined. He said that they are not trying to stop the process but rather they are looking for a way to facilitate it with the least amount of liability to the city. Commissioner McCabe said he only interested in the financial impact to the City. If in violation the entire building should be closed down. He said he supports the efforts of the department of Public Safety. He suggested closing the entire building to bring about positive action on the part of the owner. Commissioner Kim said that the back of the building has been separated from the front part where Starbucks is located. Commissioner McCabe said he would reserve official comment until the official court documents are in front of him. Mayor Keehn said that the contract with Ganem is not acceptable to the City Attorney and she would like assistance form the Preservation Foundation to locate a contractor. Commissioner Kim recommended speaking to the Judge and reporting about what the City is doing; the Judge will have a problem if there is ambiguity about stabilizing the wall. The council must realize that we are dealing with an individual that has not been honest with the city and he will work every angle. He said we should get a contract with a reputable contractor to stabilize the wall. Commissioner McCabe recommended that the Preservation foundation get together and meet with the Mayor. Commissioner McTygue said that a special council meeting should be called regarding this issue and the contract. MAYOR’S DEPARTMENT Extension of Contract for Behan Associates Mayor Valerie Keehn withdrew this item from discussion. Open Space Land and Project Selection Criteria (06-144) Mayor Keehn said that this land advisory committee, AKLA Open Space is mandated by law and should be able to make any amendments to the criteria that they feel are necessary. The committee recommended adopting criteria that outlines the committee’s policy and process for the selection of lands and projects for the implementation of the City’s Environmental, Parks and Open Areas Program. The criteria is based on the adopted open space plan intent and goals as indicated in the Local Law Number 5 0f 2001. Mayor Valerie Keehn moved and Commissioner John Franck seconded to accept the Land and Project selection criteria as presented. Ayes all Set Pay rate, Charter Commission Secretary (06-145) Page 10 of 20 City of Saratoga Springs City Council Meeting Minutes Tuesday August 15, 2006 Mayor Keehn said that state law mandates that the Council officially approve pay rates for operating budgetary items regarding Charter review. Mayor Valerie Keehn moved and Commissioner Ron Kim seconded to approve the pay rate for the Secretary of the charter Review Commission at $16.00 per hour, and in the event that a substitute is necessary, the substitute’s rate would be at $100.00 per meeting. Mayor Keehn said these are the current rates of pay for Secretary’s to take notes at Board meetings. Commissioner McTygue said he cannot support this. He has not seen any minutes and he objects to this. Commissioner McCabe said that this is being funded by the Mayor’s Department. Commissioner Kim asked if the $16.00 per hour rate was a standard rate. Mayor Keehn said that it is. Nicole Wells is currently employed by the City to take the minutes of the development boards at $16.00 per hour. The rate for the substitute is $100 per meeting, the same as the rate for the last charter revision Secretary. Commissioner Kim asked if there is an estimated cost and Deputy Finneran explained that there are 8 meetings scheduled four to be covered by the substitute and four by the regular $16.00 per hour Secretary. Ayes: 4 Nays: 1 (McTygue) Downtown Special Assessment District Appointments Mayor Valerie Keehn withdrew this item from discussion. Authorization for Mayor to sign Contract for Youth Week Activity Reimbursement (06-146) Mayor Valerie Keehn moved and Commissioner John Franck seconded to approve for the Mayor to sign a contract with Saratoga County to receive up to $4500 reimbursement from the County for expenses incurred for activities held in conjunction with the Board of Supervisors’ Youth Week 2006. Ayes all ACCOUNTS DEPARTMENT Additional item on the agenda Commissioner Franck said that as a result of tonight’s executive session, he wanted to add an item to the agenda regarding certiorari litigation. Commissioner John Franck moved and Commissioner Ron Kim seconded to add the item of the settlement of certiorari litigation with Quad Graphics to the agenda. Ayes all Settlement of certiorari litigation John Franck moved and Valerie Keehn seconded to accept the certiorari litigation settlement proposal offered by Quad Graphics. City Attorney Michael Englert suggested that the Council vote what they deem appropriate based on the Counsel’s recommendations. He said it would be helpful to have a year by year itemized list Page 11 of 20 City of Saratoga Springs City Council Meeting Minutes Tuesday August 15, 2006 of claims made by Quad Graphics so that the City Council could fully analyze the potential liability in relation to the statute of limitations and the fact that the statute of limitations may bar some of the years of these claims. Commissioner McTygue said he wants to vote against this because some of the Council members have some issues. Commissioner Kim said that he is concerned that the City might not be getting the best deal in this matter; it seems as if the City is being left with most of the burden. Mayor Keehn said that she was presented with a five-page memo by Attorney Wait on Thursday and she feels that given the amount of money involved that is going to be a burden on the taxpayer and given the complexity of the matter, she does not have enough information to make a viable decision on behalf of the citizens of this City. Jeff Wait, the City’s Attorney for this litigation, said that if the City Council advised him not to sign the settlement, the litigation would continue and might go to a hearing or the Judge might simply rule. Mayor Keehn asked if it was possible to ask the Judge to give the City more time to investigate the information, perhaps two weeks. Attorney Wait said yes, he would not have a problem doing that, the Judge could give the City more time to investigate and he would have no problem requesting that since there is a lot of detail in the five page summary that was distributed to the Council. Attorney Wait said that in terms of clarifying the party’s positions, with regard to errors made over previous years, the settlement was good to do to avoid negative exposure. There are arguments to be made on both sides. He said he understands City Attorney Englert’s point regarding the statute of limitations and he is willing to take a closer look at the numbers. Mayor Keehn said that the numbers should be given a closer look with consideration of the statute of limitations. Commissioner McCabe asked if the judge could say no, accept the settlement. Attorney Wait said that it is not a good position to present to the Judge that the City Council is not happy with the settlement. Attorney Jeff Wait said that it is distasteful that Quad Graphics has taken this position because they have received a lot of tax breaks for a lot of years. He recommends that there is now an opportunity to pay back less money without interest. With all the exposure and issues, it is unlikely we would get a better deal, and if litigation is forced, the likelihood of the City succeeding is minimal and the City might be required to pay more. He said he could go to the Judge and say that the Council would like to give the matter further consideration and they will make a decision at the next Council meeting or they could call a special meeting if necessary. Commissioner McTygue said that the IDA made the mistake. Commissioner Kim added that the IDA knew about the mistake for over one year. Commissioner Franck said that he does not believe that the city would get a better deal through further litigation, and neither Commissioner before him thought it was winnable because each had budgeted money presuming to lose this lawsuit. He said the school board has agreed to the settlement because they feel it is the best deal. If the City disagrees, it would be exposing the School District who has worked with us and paid half of the fees for the Article 7. He said that this is not our fault, but the bottom line is that the City has benefited and the amount of settlement we would be paying back is less than that benefit with interest, and if we go to trial, it would cost considerably more in legal fees. He sated for the record that in his opinion it would be considerably more expensive to go to Court. He said that even after reviewing the detail and possibly taking off three years at the end, in all circumstances this is the best deal The Council could review the details, but in simple math, under all circumstances, this is the best deal. Page 12 of 20 City of Saratoga Springs City Council Meeting Minutes Tuesday August 15, 2006 Commissioner McCabe said there is something intangible that the City can use moving forward with this kind of relationship, referring to pilot agreements, including how they are constructed and how they move forward. They should be thoroughly reviewed before the City enters into them. He said that he stands with Commissioner Franck based on all of the professional opinions rendered this evening. Mayor Keehn said that she would like time to review the information because this is a large amount of money to spend on a situation that was not brought about by this Council and she wants to be careful. Attorney Wait said that it depends on how it is explained to the Judge whether the Judge will be accommodating or not. He said that the amount of the settlement would not be improved. Commissioner Kim said that the only way he would consider supporting this is that if he knew that the County was participating. He sees this as a bargaining chip in this effort. Commissioner Franck said that the reality is that there is no more bargaining to be done; the number is not going to change. Commissioner McCabe asked if it would make more sense to report to the judge that we tabled the vote. Attorney Wait said he could report that the Council voted no, tabled the discussion or that the Council voted no and is willing to reconsider with more information. Commissioner Franck said that the prudent thing to do is to table the motion and allow time for the Council to review the details, but be willing to have a special Council meeting on this item. Attorney Wait said that the judge is waiting for an answer from other entities, so the dates have been left open, and the judge understands that three entities must make a decision. He said he is concerned about the City tanking this settlement and subsequently exposing the school district. He said he would get the information regarding the number of years that apply pertaining to the statute of limitations. Commissioner Franck withdrew the motion. Zoning amendment – Recreation Fee Changes (06-147) Commissioner Franck said that the Planning Board reviewed the proposed zoning text amendments relating to recreation fees for site plans, and at their June 7, 2006 meeting the Planning Board recommended that minor changes be made to the draft amendments. Their proposed changes would add some language that would: 1) Require the Planning Board to justify the need for recreation land; 2) Provide a credit for land or fees collected during the subdivision process; 3) Provide a new definition for “usable land” and 4) Provide an exemption for the fee for affordable housing units. He said that on a vote of 6-0, the Planning Board recommended a favorable advisory opinion on the revised set of amendments and found those amendments to be in compliance with the Comprehensive Plan and the general purposes and intent of the zoning ordinance. The Saratoga County Planning Board has reviewed and approved the proposed amendments. Therefore, Commissioner John Franck moved and Mayor Valerie Keehn seconded to issue a negative SEQR determination and to adopt the revised zoning amendments as presented. Ayes all Zoning Amendment – Senior Housing Commissioner Franck withdrew this item from discussion. Set Public Hearing: Adult Use Moratorium Page 13 of 20 City of Saratoga Springs City Council Meeting Minutes Tuesday August 15, 2006 Commissioner Franck said that on April 11, 2006 the City Council adopted an eight-month moratorium on the establishment of any adult uses within the City to allow time for the development of a new ordinance that fully complied with constitutional requirements. The Council asked the Planning Board to develop proposed amendments to the zoning ordinance relating to adult uses, and to study the possible secondary effects of adult uses in the City and produce recommendations for amendments to the City code for the suitable siting, land use and zoning standards and controls thereof. He said that in May, the Planning Board began work on developing a new ordinance. In early June, City Attorney Michael Englert reviewed the legal parameters for adult uses and found that the City cannot prohibit adult uses, but it can regulate the uses to mitigate their secondary impacts. The Board then undertook an analysis to evaluate secondary impacts of adult uses, and reviewed studies from other communities and identified a list of possible negative impacts that adult uses might have on our City. Commissioner Franck said that the Board has identified and mapped a list of sensitive sites such as schools, libraries, day care facilities, parks, and playgrounds, places of worship, tourist sites, and entranceways that might be negatively impacted by adult uses. They have also started to identify potential areas within the City where such uses might have the least adverse impacts. Their next step will be to prepare the details for the new ordinance that will include definitions, separation distances, special design features, licensing requirements, etc. He said that the Planning Board will not be able to complete this task prior to the expiration of the current moratorium on September 30, 2006. The Board believes they need three or four months to produce the final documents that will be presented to the City Council. Therefore, the Planning Board recommends that the council extend the current moratorium from September 30, 2006 to January 31, 2007. The Saratoga County Planning Board has previously reviewed and approved the moratorium to September 30, 2006. Commissioner Franck set a public hearing on the extension of the City’s Adult Use Moratorium for September 19, at 6:40 p.m. Final Expenditure Report for the eGovernment Grant Project (06-148) Commissioner Franck announced the conclusion of the eGovernment Project that was funded by the State Archives and Records Administration by a non-matching award of $72,981 for software programs, licenses and a consultant to update the City’s Website, improve the function of the site and add the ability to pay city parking tickets online. Information is constantly being added to the site, but the essentials of the project have been completed. Commissioner Franck thanked the Accounts Department, the Records Management Office and the Finance Department for teaming up on this great project. He said that it is mandatory that a final expense report be filed with the New York State Archives in order to receive the final 10% of the grant funds. Therefore, Commissioner John Franck moved and Commissioner Matthew McCabe seconded to authorize the Mayor to sign the final expense report (FS-10-F) for the eGovernment active records project. Ayes all Saratoga County Mobile Command Post Commissioner Franck said that during the February blackout a number of citizens asked him about the mobile command post. He said that at the County fair a few weeks ago, there was a mobile unit on exhibit that was funded by a grant from Homeland Security to be available to any community Page 14 of 20 City of Saratoga Springs City Council Meeting Minutes Tuesday August 15, 2006 within Saratoga County. The unit can be summoned for any disaster including fire, a lost child, and flood, and a municipality can request its use through the Fire Chief, the Police Chief, and the Commissioner of Public Safety. He said the vehicle is a 35 feet long van with three fully equipped dispatch stations with all frequencies, a bathroom, a kitchen, a meeting and a conference room and is manned by the Saratoga County Sheriffs Department. Sheriff Bowen will send a brochure on the van to the Commissioners and the Mayor. Racino Meeting Commissioner Franck said that his platform has been centered on initiatives to increase openness and transparency in government, and the Racino meeting was contrary to that platform. He said there was honest mistake made, but he wanted to share his recollection of that meeting in an effort to open the closed meeting to the public. He said that there was 1) no formal agenda; 2) The email indicated an invitation to the Mayor’s meeting stating that a meeting was scheduled with the Racino management and their architects on August 8 at 2:00 p.m. in Council chambers, and she “welcomes your attendance.” He said that the meeting was actually changed to 1:30 because of concerns about conflicting with Four Winds 20-year anniversary celebration. Commissioner Franck said that it was not listed anywhere that there would be an executive session. He said it was an open meeting because the press was in attendance and Channel 10 News was represented also. He said that Deputy Finneran informed Deputy Boxley that the meeting was an informal workshop. Therefore, as Commissioner of Accounts, he chose not to have minutes taken at this meeting. He said that tonight he wants to share his impressions of this meeting. He said that Commissioner Kim and Mayor Keehn were at the meeting, Commissioner McTygue was in the crowd, and just about all the Deputies were present. He said that a couple of minutes into the meeting they adjourned to Executive Session. He said there was an architect from the Racino who presented three drawings, one of the Racino, a parking lot, and one of the locations where the addition of a nightclub will be placed and renderings of that facility. He said that the Mayor voiced her concerns that the Planning Board has been kept out of the process, and because this is a project within the City of Saratoga Springs, that the City’s Planning Board should be the lead agency and she stated that she was prepared to go forward to counsel with a lawsuit based on the Planning Board’s concern. Commissioner Franck recalled that Bob Israel said he spoke for himself but felt the majority of the Planning Board would agree with him that he was not against gambling or the Racino in general but he is opposed to the fact that the Planning Board was not brought forward as the lead agency or even as an interested party to this project. He said they know little about the project and until recently had not seen a site plan. He asked if the Racino was willing to pull all future plans for expansion off the table and Mr. Gerrity said they have no future plans, but they are not willing to pull anything off the table. Commissioner Franck reported that Lou Schneider said his biggest concern is that if the applicant is a private owner, they should not be covered by the state regulation and he believes the Planning Board should be involved in site plan review. He said that the Mayor spoke after Mr. Schneider and stated that she shared the Planning Board’s concerns and would proceed with a lawsuit after discussing the issue with Counsel. Commissioner Franck said that he then expressed his understanding that the meeting was set up as an open meeting in order to bring the Racino officials to the table to discuss the concerns of the neighborhood. He said he expressed concern at the meeting about the lack of sidewalks from Route Nine to Nelson Avenue and around the perimeter of the Racino to provide a safe area for people to walk, and the presence of sidewalks would slow down the traffic. The Racino has longer hours, so the traffic is more constant than in Page 15 of 20 City of Saratoga Springs City Council Meeting Minutes Tuesday August 15, 2006 the heyday of the Harness track. The Mayor then said she is concerned about the residents’ needs but her first concern is that the Planning Board should be involved as an interested agency. Commissioner Franck said the Attorney for the Racino explained his interpretation of the law and stated that the prior two City Attorneys had acquiesced to the law and the law was crafted so there was a uniformity purpose in the clause so that the various municipalities did not try to change a uniform project. It is the City’s right to sue and he would not stop them, but the law is very clear, to which point the City Attorney disagreed saying that the last two attorneys disagreed with the law and it is subject to interpretation. Next, Cliff Van Wagner said that the Racino is a good neighbor that would be generating income into the City and that a lawsuit was not the right action to take. He said that potentially the City should take some of the money they will be receiving and use it toward the cost of the sidewalk installation. Commissioner Franck said that Commissioner Kim stated that the lawsuit was premature; however the City should attempt to come to some kind of agreement. Then, Lou Schneider said that future amenities should not include a convention hall or a hotel. The Racino officials disagreed and indicated that such amenities enhance the amount of gambling done at a facility, and although there are currently no amenities at race tracks in the State of New York, there will be in the future and they would bring additional income into the Racino. He said that Geoff Bornemann said there have been other State projects where the City Planning Board was the lead agency. Next, a racing official that might have been a contractor said they intended to put about 400 to 425 feet of sidewalks on part of Jefferson Street, but that is all they are willing to do because that is the amount required based on the size of the proposed addition. Commissioner Franck said that the Racino Attorney then agreed with Commissioner Kim and left open with the City Attorney that there could be a future meeting to discuss common ground. Commissioner Franck said that completes his recollection of what took place in the executive session. Mayor Keehn stated that the architects presented their drawings during the public portion of the meeting and not during the Executive Session. She said that at no time did she say that the City was going forward with a lawsuit because she has no authority to do so. Commissioner Kim said there was discussion about the possibility of a lawsuit but his recollection is not clear. Commissioner McCabe said that there are no minutes, so this is not an official report, but he appreciates the openness. Commissioner Kim said that the important thing for the public to realize was that the meeting was very productive and the issue was moved for the public good in a way that was beneficial for everyone. Mayor Keehn said that the meeting would not have happened if they had not gone into Executive Session because the Racino management told her they would not discuss potential litigation with the City Council and Planning Board in an open session. Commissioner McTygue noted that there were members of the Planning Board had copies of the SEQR negative declaration at that meeting, approvals have been given and they are ready to move forward. Mayor Keehn said she did not have a copy and was not aware of that. DEPARTMENT OF FINANCE Budget Commissioner McCabe said that the budget call letters for the 2007 comprehensive City budget were sent out June 29 asking that all requested budgets be submitted to the Finance office by August 11, and they have received some but are still waiting for others. Each Department will receive a copy of its own requested budget for a final review as soon as they are all received, collated and put in order. Page 16 of 20 City of Saratoga Springs City Council Meeting Minutes Tuesday August 15, 2006 When this process is finished, the Finance Office will transmit copies of all requested budgets to all Council members for their information and comment, probably the week of September 11. Once all the department budgets have been distributed, he will schedule a meeting with each Commissioner to discuss their department’s requested budget. This will occur before the 2007 comprehensive budget is finalized. He said that the proposed comprehensive budget would be submitted to the Council on October 3, after which a summary will be published in the newspaper. The first public hearing on the proposed 2007 comprehensive budget will be set for October 17. There will be budget workshops and public hearings as necessary, and the tentative workshop dates are10/10/06, 10/19/06, 10/24/06, 10/31/06 and 11/9/06. Commissioner McCabe said that the final public hearing would be held when all budget adjustments have been made and agreed upon by this Council. He said he hopes to open a second public hearing on November 7 and if they are not ready, there will be a special City Council meeting on the 14th and the public hearing will remain open until all budget adjustments have been made per the City Charter. He said all budgets will be acted on at the same time and the budget must be adopted on or before November 30, 2006. DEPARTMENT OF PUBLIC WORKS Westway Farms Subdivision Sidewalks Commissioner McTygue withdrew this item from discussion. Upgrade of Engineering Administrative Assistant Commissioner McTygue said that in reference to this item he understands that the City Attorney has a copy of a law that prohibits the upgrading of employees at certain times. He said that this has been done numerous times under previous administrations. Commissioner McCabe said that it is a general municipal law that the City council is now aware of and will comply with moving forward; however, this does not mean that we have to correct past actions. City Attorney Englert said he is not familiar with the specifics of the proposal, but he was asked if an administrator can increase the compensation of an officer or employee during a fiscal year after the adoption of the annual budget and Section 25 of the General Municipal Law essentially states that the City is prohibited from increasing the compensation of any officer or position, except compensation on a per diem basis, that is paid from a city’s accounts during any fiscal year once that compensation has been stated and fixed in the annual budget. He said the statute has been in place since 1921. Commissioner McTygue asked about the previous approval for the Secretary and substitute Secretary for the Charter Review Commission. City Attorney Englert said that is governed by State statute regarding Charter Review, but it also involves compensation on a per diem basis. Commissioner McCabe said that Mr. Englert has made the council aware of a statute that is in existence that makes good fiscal sense and will be adhered to from now on. Commissioner McTygue suggested that the Union representatives be made aware of this law and caution their members not to ask their Commissioners to take an action that violates the law. He said that, in the mean time, this employee will work 40 hours by coming in at 8 AM and working until 4:30 with a half-hour for lunch. He said that currently this is being done within the Department of Public Safety without approval from the City Council. Page 17 of 20 City of Saratoga Springs City Council Meeting Minutes Tuesday August 15, 2006 Bingham Street Property Commissioner McTygue said this item was previously covered under the public comment period. Set Public Hearing for Bingham Street Property Set Public Hearing for the Snack Bar on Congress Street Commissioner McTygue said that before public hearings can be set on these two properties, the vacancies should be filled on the Land Advisory Committee so they can sit with the Department of Public Works and discuss the Bingham Street Property, the property of the Snack Bar on Congress Street and the property of the Getty Station. He said he would like to discuss these properties prior to setting the public hearings. Mayor Keehn said that she will notify Jeff Olsen, the chairman of the Land Advisory Committee. SPAC Concert Commissioner McTygue said he would like to meet with representatives of SPAC to discuss problems with special events and the financial impact those events have on the City’s budget. A decision must be made on how the city is to be compensated when these events are held, as we are compensated by the NYRA for fire protection at the race track. He said these events require extra Police personnel, often additional emergency personnel, and additional public works personnel cleaning the City Streets afterwards. He said that SPAC should be required to take responsibility for the effects of these events on our City, and Commissioner Kim agreed. PUBLIC SAFETY DEPARTMENT Repairs to Lake Avenue Firehouse (06-149) Commissioner Ron Kim moved and Commissioner Thomas McTygue seconded for approval for the Mayor to sign a contract with DENTE Engineering of Watervliet in the amount of $3,260 to perform forensic test borings on the pavement at the Lake Avenue Firehouse. Commissioner Kim said that the pavement has been sinking and the geotechnical specialists are going to perform tests to determine possible remedies. Ayes all Rip Van Dam This item was previously discussed. SUPERVISORS Supervisor Keyrouze County board Meeting – Passed Resolutions – Monthly report Supervisor Keyrouze said that she has copies of the resolutions from the most recent meeting of the County Board of Supervisors. She said that the social Programs Committee resolved to make donations for School districts for programs to help children improve reading skills. Page 18 of 20 City of Saratoga Springs City Council Meeting Minutes Tuesday August 15, 2006 She read the titles of all of the resolutions on the county water program and said these were all tabled. The public must get their comments on the FEIS to the Board of Supervisors prior to August 29, 2006. CV Whitney Memorial Highway Meeting Announcement Supervisor Keyrouze said that a meeting held with the State indicated that there will be more delays on this project, most likely until 2010. She said she has a great deal of concern over the safety of this road in light of two fatalities in the last 12 months and an incident of serious injury. She said the plans include pedestrian paths; more defined right hand lanes, and includes route 50 and the intersections of Gick Road, Veterans Way, and Maple Avenue. Household Hazardous Waste – County Coordination She said there will soon be information available as to how this project will run. It will provide the opportunity for county residents to properly dispose items that are usually difficult or impossible to get rid of. Emergency Management – Information Verification for calling 911 Supervisor Keyrouze said residents of the city can call 884-4789 to verify 911 calling information. Supervisor Yepsen Board of Supervisors New Legislation Supervisor Yepsen said that the County board of supervisors will vote on the FEIS for the County water project at their meeting on August 29, 2006. She said that a resolution approved to begin searching for a new location for the County Public Health building because the current building on Woodlawn Avenue in Saratoga Springs is inadequate in size and no longer meets the needs of the County Public Health Department. Geyser Road Safety Efforts Supervisor Yepsen said there has been another death on this road which marks the continuation of a an unfortunate pattern. She said she will continue to support and brainstorm efforts to try to make this area safer. Restoration of Frederick Allen Lodge Supervisor Yepsen said that the lodge has been part of the Beekman Street area for 80 years. They are applying for a matching grant requiring them to match the amount of the award. They are holding various fundraisers and tickets are available, if you are interested contact supervisor Keyrouze or supervisor Yepsen. Gaming and Raceway Foundation Grants Supervisor Yepsen said that funds from the Racino and the Harness Horsemen’s Association have set aside funds as a grant program to provide services toward problem gambling mitigation, recreation, the arts, and youth services. Information can be found at www.saratoga-grf.org. Page 19 of 20 City of Saratoga Springs City Council Meeting Minutes Tuesday August 15, 2006 PUBLIC COMMENT Kyle York, 59 Railroad Place said the consent agenda is a good idea. He recommended that public comments on big contentious issues be limited to specific venues held at time other than at City Council meetings. Jim Cornick, Assistant Chief of Police said he serves on the planning committee for the arterial upgrades and was concerned about the project. It is important that the problems in this area be solved and safety issues addressed. He commented that the he hops the 1921 law is not enforced regarding pending labor contract negotiations. ADJOURNMENT Commissioner Thomas McTygue moved and Commissioner Ron Kim seconded to adjourn the meeting at 11:07 p.m. Ayes all. Respectfully submitted, Nancy Wagner Clerk Adopted: Page 20 of 20