City Council

City of Saratoga Springs City Council Meeting Minutes Tuesday, October 17, 2006 CITY OF SARATOGA SPRINGS CITY COUNCIL MEETING CITY COUNCIL ROOM TUESDAY, OCTOBER 17, 2006 6:05 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 PUBLIC HEARINGS Washington Street Parking Mayor Valerie Keehn opened the public hearing for the Washington Street parking ordinance. Commissioner Ron Kim reviewed the proposed ordinance. There being no one wishing to speak, Mayor Valerie Keehn closed the public hearing. 2007 Comprehensive Budget Commissioner Matthew McCabe set a second public hearing for November 7 on the 2007 budget and said that hearing would remain open throughout the process. The next budget workshop is scheduled for October 19 at 9:30 a.m. He then opened the public hearing. Matthew Jones, representing the Saratoga County Builders Association, said that several years ago, the Council raised the building department fees to fund assistant planner and an assistant building inspector positions. Both Sonny Bonacio and John Witt spoke on that matter at previous Council meetings noting their desire to fill these positions to decrease the wait time to obtain building permits. At one time, the wait was as long as 16 weeks. Lew Benton, Chair of the Planning Board, also supported filling those positions. There was a motion by the Council to create the two positions and it received unanimous support from the Council. The assistant planner position was eventually filled, however, the building inspector position was not and has since been eliminated from the budget. The revenue stream was created to enable the City to fill both positions, but it didn’t happen. There is a need for the assistant building inspector position and he urged the Council to fill the position. David Bronner, 5 Royal Henley Court, said the City needs to be looking at all expenditures, including the ones that appear to be minor in nature. He FOILed information from the City concerning a vehicle used by an elected official. That information showed that the vehicle was driving 11,870 miles in 2005 of which only 699 miles were personal. It also showed that the vehicle was used 233 days per year on City business. That means that the vehicle was driven 48 miles per day on City business. The personal miles shown on the mileage sheet is consistently 3 miles per day with no variation. That 3 miles represents the 1 1/2 miles to and from Staffords Bridge Road to Sky Farm. This kind of expense is out of control and needs to be looked at. The tax form shows that the fringe benefit to this employee was $300. The City needs stricter control over these kinds of expenditures. His second item of concern was the dump truck parked in front of a developer’s project 1 of 12 City of Saratoga Springs City Council Meeting Minutes Tuesday, October 17, 2006 which eliminates the developers access to the project. He said if the City can afford to park a dump truck, for months on end, then perhaps the City owns too many trucks. It is a waste of the City’s assets. His third item of concern was the 100 percent paid health insurance coverage for elected officials and coverage for the remainder of their life if they work ten years. He said he spent 30 years in the military and he does not have 100 percent covered health care. This is an outrageous benefit. His fourth item of concern was the recreation facility. The Council needs to set priorities and consider putting this off. John Kraus, 227 Grand Avenue, representing the Concerned Citizens and Taxpayers, said the Council should not be distracted by the charter issue. The budget is a bigger issue. The budget was delivered at the last Council meeting. The residents cannot accept a 6 percent increase in the tax rate bringing it to $5.00 per thousand. Total spending is up 13 percent. He asked where were the good signs of the VLT revenue, insurance savings, legal fee savings and the $90,000,000 increase in the assessments. Salaries, benefits account most of the increase in the budget. The Council should consider across the board percentage cuts, or a hiring freeze, or a one day furlough for employees. The Council members should fulfill their campaign promises. The tax rate should be reduced to $4.50 per thousand. Bob Spratt, Recreation Commission member, 19 Vichy Drive, said the recreation facility was not an easy financial decision for the Council. The City has been working with surrounding municipalities and the school district for more than 10 years on renting space at their facilities. Each year it gets more complicated, more costly and the hours are reduced. At this point, the Ballston Spa facilities are no longer available. He did not want to see the City’s recreation programs jeopardized due to lack of space. Saratoga Springs draws people to this community. He understood that it’s a financial decision, however, the programs and the youth should not be jeopardized. Bill Sullivan, 288 Caroline Street, said he has been coaching for 10 years. In the beginning there were hundreds of children participating in the 5th and 6th grade basketball program. That number has been reduced to about 50 this year due scheduling, traveling to other communities and the uncertainty of the schedul e. Often there is double booking at the school, which creates additional problems. Commissioner Matthew McCabe said he was glad to hear these comments. The Council needs to hear from the residents. He will try to keep the tax rate down. He took a hit this weekend in the newspapers from a regional union president in which she brought forth the Council’s benefits for their part time positions. When he became a Council member, he acknowledged that it was a great benefit. It is his job to evaluate and reduce the benefits, however that has not been done. He does not want to take away existing benefits from people who have served this City very well but there is a change across this country. He does partake in the benefit package without using the opt out. When he leaves office, that benefit will be left behind and two people at his business will lose their jobs because he will lose that benefit. Council members do not want to talk about cutting positions and they have been able to avoid that in past years. The issue of looking at their own benefits first is an idea. There has been some discussion on looking at the deputy’s benefits, but those individuals come to the City for only a two year life span. They don’t have the same job security that CSEA civil service protected jobs have. The Council may want to revisit that issue. He said he would be willing to discuss with that union president the possibility of reopening contract discussions on a line by line item issue on health care benefits and he would consider a 30 percent increase across the board with no cap for health care benefits for employees, Commissioners and deputies and he was sure that he could deliver the votes from the Council. These contracts and benefits are imbedded and it will take time to extract these benefits without hurting the current personnel or without eliminating personnel. Health care is a major issue. Health insurance, salaries and retirements are the biggest portions of the budget. He will try to cut more from the budget, but with those three big items, it is difficult. Mayor Valerie Keehn said that in this last negotiation process, the Council put a team of individuals from the City together to work on these matters. The goal of the current charter is to have some consistency in negotiating among the union contracts. The contracts are being looked at in a comprehensive manner now. They are looking for similar concessions from one contract to another. It is benefit for the City to evaluate contracts comprehensively. This should be done from administration to administration. Commissioner Matthew McCabe said that the VLT number was good news. He is using the state recommended number not the numbers in the newspapers. 2 of 12 City of Saratoga Springs City Council Meeting Minutes Tuesday, October 17, 2006 Commissioner Ron Kim said the negotiations with the police were recently completed. He said that he agreed that contracts needed to change, but it was difficult to do. The police did save the City more than $100,000 this year and $32,000 savings in health insurance. The City needs to look at health care coverage for retirees though. Commissioner Thomas McTygue said DPW has attempted to make changes in the contracts. He, however, cannot operate his department without the temporary and part time employees. He has made several attempts to bring these people on as permanent, full time employees but again it has been rejected. They have added only one permanent employee in DPW in the last 15 years even though they have taken on miles in new streets. Saratoga Springs is the fourth largest City in New York. He said he is not the only individual with a City owned vehicle. His department has generated several revenue streams including renting chairs at the Casino which paid for the air conditioning and heating work. They also sold bricks in Congress Park which paid for the war memorial restoration. Compost also generates revenue. His department is sponsoring the Athletes banquet in a few weeks. There is a lot of talent in the City. He has managed to raise $50,000 for that banquet. Mayor Valerie Keehn closed the public hearing. Telecom Ordinance Mayor Valerie Keehn opened the public hearing on the Telecom Ordinance. She said the purpose of this ordinance will be to establish a local policy and regulation concerning cable systems, promote the availability of diverse multimedia information, encourage the provision of advanced and competitive cable or open video system services, encourage economic development and encourage universal access to video programming services. There being no one wishing to speak, Mayor Valerie Keehn closed the public hearing. CALL TO ORDER Mayor Valerie Keehn called the meeting to order at 7:00 p.m. PUBLIC COMMENT PERIOD Mayor Valerie Keehn opened the public comment period. John Kraus, 227 Grand Avenue, said the spending rates are up and salary and benefits are up. These expenses need to be reviewed. He has to pay $3,000 per year for health insurance and he is on a fixed income. Wilma Koss, President, Saratoga Lake Association, said there will be an informational meeting tomorrow at Panza’s restaurant. A representative from DOT will be there to discuss the 9P bridge project. David Bronner, 5 Royal Henley Court said that charter change is important for this community. The City needs the separation of executive and legislative powers. The budget process is as it stands now is five separate budgets. The same people who develop the budget are spending the funds. This is not fiscally efficient. There needs to be someone in charge and that person should be the Mayor. Laurie Wilhelm, 15 Cliffside Drive, said the residents who may have their land taken through the eminent domain process are not wealthy citizens. The proposed pumping station will impact more than 1,000 people and it is not just a pumping station. It will have compressors that run nonstop and will be invasive to that community. There are other ways to do this and eminent domain should not be the way to go. There should be some consideration given to installing the pumping station on a platform on the lake. It could be made to look like a boathouse. Kay Watkins, 34 Vista Drive, encouraged the Council to more a little slower on the eminent domain process. The City should wait to see how the lawsuit goes. 3 of 12 City of Saratoga Springs City Council Meeting Minutes Tuesday, October 17, 2006 There being no one else wishing to speak, Mayor Valerie Keehn closed the public comment period. FINANCE DEPARTMENT Reserve Accounts Commissioner Matthew McCabe said he had asked Director of Finance Christine Gillmet-Brown to review the reserve accounts. The intent was to maximize the interest earnings, cut down on paper work, manage the accounts more efficiently and to maintain the original intent of the accounts. Christine Gillmett-Brown said that the last management letter from the auditors mentioned the reserve accounts noting that the City should consider commingling the accounts to increase the earnings potential by maximizing the interest earnings. She had spoken to Michael Englert, City Attorney, on the proper way to go about this. In her research, they discovered that the language used to set up some of the accounts was not always proper. The accounts are still protected though. Some of the accounts will be brought back to the Council at a later date to clean up that language. Some of the accounts, with similar purposes and intent, will be combined. Once that is done, she will talk to banks about obtaining better interest rates. She noted that a memo had been distributed to Council members on this matter. Mayor Valerie Keehn clarified that some accounts would be combined. Christine Gillmett-Brown said the City currently has 12 accounts. The language will be cleaned up on 6 and the remaining 6 will be combined into a type of reserve that is appropriate for them such as a reserve for buildings. She will meet with departments to work out the details of the language of the accounts. Commissioner Matthew McCabe thanked her for her presentation. CONSENT AGENDA Mayor Valerie Keehn moved and Commissioner Ron Kim seconded to approve the consent agenda as presented. 1. Approval of Minutes – October 3, 2006 Approval of Minutes – October 10, 2006 2. Award of RFP: Banking Services – NBT Bank 3. Award of Bid: Decorative Street Lights – Thorpe Electric 4. Approval of Payrolls: Payroll of 10/6/06 $363,142.45 Payroll of 10/13/06 $379,382.92 5. Approval of Warrants: 2006 Mini Warrant: MC10OCT06 $ 43,975.51 2006 Regular Warrant: 2OCT06 $387,028.16 6. Approval Budget Transfers – Payroll (Attachment A) 7. Approval of Budget Transfers – Regular (Attachment B) 8. Approval of Budget Amendments (Attachment C) Ayes all. MAYOR’S DEPARTMENT Eminent Domain Mayor Valerie Keehn said she wanted an update on this matter. Doug Ward, Attorney representing the City, said some of this discussion may be appropriate for executive session, however, the status of the proceedings could be discussed at an opening meeting. He said that while this proceeding is termed eminent domain, the City is really just looking for access to the properties so the City can do the required studies pursuant to the SEQR. Within the SEQR, the City made a commitment to do an archaeological study on these properties. To date, the City has not gained access to the properties. The City has tried to negotiate access, but has not been successful. Because they have not been able to gain access, this is the next step to do so. Service of the papers was filed with the HOA and some of the neighboring 4 of 12 City of Saratoga Springs City Council Meeting Minutes Tuesday, October 17, 2006 property owners, however, not all have been served. Once everyone has been served, the study can begin. He hoped to be able to complete the study by the end of the fall season. If that was not possible, they would need to get a court order and then wait for the good weather. The actual study/testing would be done over a two week period. He said the lawsuit focused around the City doing this study, therefore, this needs to be done. The City needs to move forward on this archaeological study, regardless of the pending lawsuit. He also plans to move forward with the DEC permitting process and the study needs to be done for those permits. Mayor Valerie Keehn said this was good information. She said that as the City moves forward, it appears that watershed management of Saratoga Lake needs to be part of that plan. She noted that the Council had received a letter from Charlie Morrison on long term water management programs, which she supported. The City needs to build bridges with surrounding communities and incorporate their concerns. This plan, will, in fact, benefit all of the surrounding communities. Doug Ward said a good watershed management plan makes sense. He reminded everyone that SLIPD completed a $350,000 watershed study program that was a good program, however, they did not have the funding to carry it out. The City cannot command and control thelake. The DOH will impose the watershed rules and regulations. He said the City is looking at a voluntary program and this could be done by using a water shed advocate. The City is willing to commit the funds for a watershed advocate. Cheryl Keyrouze said an educational program on storm water management will be done in the near future. Commissioner Matthew McCabe asked for clarification on the eminent domain process and the appeal process. Doug Ward said they are two totally separate matters. Commissioner Matthew McCabe asked if the eminent domain proceedings and that decision would have a positive impact on the appeals determination. Doug Ward said the appeals court may look at that ruling. He said the City needs to show a commitment to continuing this process and the eminent domain process is that commitment. Rich Straut said that if the weather holds, the studies could be done this year, otherwise it would depend on the severity of the weather in the spring. Waveland, Mississippi Trip Mayor Valerie Keehn said she and her family traveled to Waveland, Mississippi, earlier in the month to offer assistance to those residents in connection with the Giving Circle program. She reminded everyone that the City had adopted Waveland, Mississippi, as a sister City. Ron & Karyl Maenza and others accompanied them to Waveland. It was a life altering experience. That city had no buildings or trees remaining. There are simply concrete slabs remaining where once there was a small beautiful resort beach town. There are few homes and many of the residents are living in sheds or FEMA trailers. Their population has decreased by two thirds. The students at the Maple Avenue Middle School recently held two hat days where they raised $3,100 for the Giving Circle program. She said she hoped to host the Mayor of Waveland soon. She then read the follow proclamation presented to her during her visit: Proclamation City of Waveland WHEREAS, the City of Saratoga Springs, New York, acknowledged a great need in Waveland in the aftermath of Hurricane Katrina, and WHEREAS, the City of Saratoga Springs, New York, became a Sister City of Waveland , and WHEREAS, the City of Saratoga Springs, New York, hosted the Mayor and other visitors from Waveland in grand style and promoted our need to others, and WHEREAS the City of Saratoga Springs, New York, sent volunteers to help us with our much needed rebuilding effort, and WHEREAS the City of Saratoga Springs, New York, together with The Giving Circle, planned a beautiful Easter celebration for Waveland families, and WHEREAS, the City of Saratoga Springs, New York ,by its support has given us create hope in our future and in our abilities to rebuild our community, and, therefore, NOW, THERE, I JOHN THOMAS LONGO, Mayor of the City of Waveland, do hereby proclaim, Saturday, October 7, 2006, as Saratoga Springs New York, day in Waveland Mississippi. Commissioner Ron Kim said that he too had visited this area. There are residents still living in FEMA trailers, who may be forced to leave them in the near future. There was an 80 year old veteran living in a trailer and his request was that he not die in a FEMA trailer. Residents of Saratoga Springs have a rare opportunity to go 5 of 12 City of Saratoga Springs City Council Meeting Minutes Tuesday, October 17, 2006 there and help these people. They are living in substandard conditions. There are a lot of smaller things that can be done to help these families such as t-shirts and backstops for the little league players. He agreed that this was a life changing experience. Lights- On YMCA After School Program Mayor Valerie Keehn said her office was recently visited by the YMCA after school program. They were seeking the City’s support for a project which would help fund after school programs for the more than 14 million children who are on their own after school. The City is lucky to have an after school program but there are many children who are not so fortunate. She thanked the teachers and students for raising the City’s awareness on this matter. Recreation Department Rental Agreements – Skidmore College, Saratoga Springs City Schools, Town of Wilton & YMCA Linda Terricola said that she appears before the Council annually seeking authorization for the Mayor to sign these agreements. These agreements allow the Recreation Department to hold the recreation programs for the children at these various locations. This year, Ballston Spa no longer has space available. The availability has also diminished at the other facilities. The hold harmless agreements have been done except for the YMCA. These facilities are used for basketball, lacrosse and other winter clinic programs. Mayor Valerie Keehn moved and Commissioner Ron Kim seconded to authorize the Mayor to sign the four rental agreements with the Town of Wilton, YMCA, Skidmore College and the school district. The Town of Wilton fee is $55 per hour for a total of approximately $5,000. The school district fee is $25 per hour. There is no fee for the Skidmore College contracts. The City must also pay for hall monitors. The total of the rental fees is somewhere between $40,000 and $45,000. Ayes all. Geyser Field Lights – Authorization for Recreation Department to apply for State Member Item Grant Mayor Valerie Keehn moved and Commissioner John Franck seconded to authorize the Recreation Department to apply for a state member item grant for the Geyser Field lights. Linda Terricola said the City has about $72,000 in its budget but more funds are necessary. She had approached Senator Bruno’s Office and discussed the member item grant funding. She was now requesting permission from the Council to seek this grant from Senator Bruno’s office. Ayes all. Ken-Mar Lawsuit Mayor Valerie Keehn asked for an update on this matter. Tony Izzo said there was a memo last Friday stating that the response from the plaintiff is due by October 27. He said this was an unusual Article 78. He reminded Council members that he had forwarded information on this matter to them. The insurer’s response is due by October 31. CDBG Agreements – Authorize Mayor to Sign (06-172) Mayor Valerie Keehn moved and Commissioner John Franck seconded to authorize the Mayor to sign the CDBG subrecipient grants for the 2006 CDBG entitlement program. Ayes all. Authorization for Mayor to Accept Grant and Authorization for Mayor to sign contract with SSPF for Handbook (06-173) Mayor Valerie Keehn moved and Commissioner John Franck seconded to authorize the Mayor to sign the contract with the Saratoga Springs Preservation Foundation and to accept the grant for the handbook. The Council previously budgeted $4,000 for publishing costs. This book will be used by developers and homeowners as a guide for construction and renovation work within the historic district. Mayor Valerie Keehn said the City received a grant of $11,250 to update and republish this book. 6 of 12 City of Saratoga Springs City Council Meeting Minutes Tuesday, October 17, 2006 Ayes all. Downtown Transportation Plan Mayor Valerie Keehn said the Downtown Transportation Advisory Committee released a draft plan of proposed transportation policies and improvements for the downtown area. It was developed to address the transportation needs that will likely come with the continued redevelopment of the downtown area over the next 20 years. This plan is now undergoing public review. The public comment period has been extended from the end of October to December 1, 2006. The Advisory Committee is available to meet with any individual or organization. This document attempts to set new policies to meet the economic realities of the transportation challenges facing the downtown area. She urged everyone to review the document and submit their comments to the advisory Committee. The plan is available on the City’s website. Over the next month, the Advisory Committee will meet with each Council member to review this draft plan in more detail. Commissioner Matthew McCabe said the Council in not locking itself into any position or action at this time. This is simply a guide. Commissioner Thomas McTygue said that is all well and good, but if the Council adopts this plan, it will come back to haunt them. There are many problems with this draft plan. The roundabouts are probably the worst idea he has ever seen. It will eliminate any parades, etc., in the downtown area. Commissioner Matthew McCabe said he would not be in favor of such items. Parades are an important part of the downtown. Geoff Bornemann said there were many proposals within this plan. The plan was developed in part to assist pedestrians in getting across the streets. This is a 20 year proposal. They are all just possible solutions to the problems and the committee would be glad to talk further about the plan. Commissioner Ron Kim said the City already has a very busy downtown and pedestrians have a problem crossing the street. There is pressure to look at this issue. Commissioner Thomas McTygue agreed but further stated that the problems could be looked at now. He said that things could be tried on a temporary basis to see if it works. There was nothing preventing the Council from taking any action now on pedestrian safety. Mayor Valerie Keehn said we do have problems with pedestrians crossing the street. Commissioner Thomas McTygue said it should be taken care of now. Try things on a trial basis. There needs to be long term goals, however, the Council could take temporary action now. Truck traffic downtown is also a problem. There are ways to slow down traffic. There were discussions many years ago with the County about the County buying land out by the polo fields to create a bypass to Route 9. Perhaps that issue of a bypass at the northern end and the southern end (Driscoll Road) should be revisited. Status and Need for Immediate Continuation of Eminent Domain – Re: Water Source Previously discussed. ACCOUNTS DEPARTMENT Kamen, 120 West Avenue Zoning Amendment Commissioner John Franck said that pursuant to the Council’s request of September 6, 2006, the Planning Board reviewed the proposed petition submitted to change the zoning classification for .04 acres of land at the rear of parcel at 120 West Avenue from Urban Resiedential-2 to Transect 5 Neighborhood Center. The Planning Board reviewed the proposed map amendment at their October 4, 2006, meeting. Following the discussion, the Planning Board voted 3-3-1 on a motion to issue a favorable advisory opinion on a slightly modified proposal to change the zoning on the entire parcel from UR-2 to T-5. This motion did not pass because there were not 4 favorable votes. The Board was unable to issue either a favorable or unfavorable advisory opinion. The Planning Board did understand that the property was currently about 240 feet deep and divided by two zoning districts. The first 100 feet is zoned T-5 and the last 140 feet is zoned UR-2. The zoning 7 of 12 City of Saratoga Springs City Council Meeting Minutes Tuesday, October 17, 2006 regulations allow the owner to “move” the zoning line 100 feet in either direction if the zoning boundary runs through a lot. On May 3, 2006, the Planning Board granted site plan approval to the owners of this lot for a mixed use building. The Board was able to approve a site plan that permitted commercial development in the first 200 feet of the property but not in a 1,374 square foot area occupied by the last 40 feet. The Board recognized that if this zoning change was adopted, the owner could use the area for a few extra parking spaces. If this zoning change was adopted and the applicant wanted to make the additional improvements the change would require a site plan amendment. The Planning Board did review some alternative solutions. One option was to keep the UR-2 zoning for this rear portion of the lot so that it would serve as a buffer area for the neighbors. A second option would be to change the entire parcel to T-5, so that the middle of that lot would also appear on the zoning maps a T-5. Under the current proposal only the front and back of the lot would be zoned T-5 and the center portion would be zoned UR-2. The Board also reviewed a third option that would change the zoning for the rear parcel of other lots on this block. The two parcels immediately north of this parcel also have the zoning boundary split the lot. These are tax parcels 165.72-1-25 and 165.72-1-26. The City’s goal has been to make the zoning boundaries conform as much as possible to the tax parcel boundaries. Commissioner John Franck requested that Planning Board submit their concerns, in writing to the Mayor and Commissioners for the next meeting. He then set a public hearing on a recommendation to change middle and rear portions of the property from UR-2 to T-5 for Tuesday, November 7 at 6:55 p.m. Commissioner Ron Kim asked about waiving the fees. Commissioner John Franck said the Planning Board should submit their recommendations on waiving fees to the Council. Mayor Valerie Keehn agreed that the fees are substantial and asking homeowners to pay those fees was burdensome. Varano – 478-515 Crescent Avenue Commissioner John Franck said that pursuant to the Council’s request of September 6, 2006, the Planning Board reviewed the proposed petition submitted by Lisa Varano to change the zoning classification of 6.6 acres involving 11 parcels at 478-515 Crescent Avenue from Rural Residential-1 to Suburban Residential-2. The Planning Board reviewed the proposed map amendment at their October 4, 2006, meeting. Following the discussion, the Planning Board voted 4-3 to issue a “favorable” advisory opinion on the proposed SR-2 zoning map amendment. 1. The Planning Board believed that the proposed change in density is in accord with the Comprehensive Plan designation for this area of the community. The proposed zoning amendment would allow the density of approximately 2.0 units per acre. The Comprehensive Plan designation for this Saratoga plateau/Crescent Avenue area is MDR-1 which permits densities of 1.0 to 3.5 units per acre. Therefore, the proposed SR-2 zoning (which permits 2.0 units per acre) is compatible with the MDR-1 designation. 2. The revised proposed SR-2 designation for this site is in accord with the existing zoning ordinance because the SR- 2 zoning designation already exists in the zoning ordinance. As part of its review, the Planning Board reviewed the characteristics of the parcels proposed for the rezoning at: 478, 490, 494, 498, 504, 502, 504, 506, 508, 510 & 516 Crescent Avenue. If rezoning is adopted, new residential buildings or additions would not likely need approvals from the City’s land use board. The zoning change would make 7 of the 11 properties conforming. Two of the 4 non-conforming lots would not be buildable under any zoning. There are 7 existing single family homes in the area affected by the zoning. The zoning change would in theory allow for the subdivision of 2 of the existing 11 lots, which might result in the construction of 2 additional single family homes. These lots on Crescent Avenue have access to City water. These lots may have access of the sanitary sewer force main that runs along Crescent Avenue. However, the current policy of the County Sewer District is not to allow any new connections. The soils are sandy in this area and suitable for on-site septic systems. In the past years, there have been four applications to the Zoning Board of Appeals for area variances. The Board examined alternative zoning solutions for these properties. One option would be to keep the RR-1 zoning which requires all lots to be 2.0 acres in size. Under this option, 10 of the 11 lots would remain non-conforming. The Board also looked at the alternatives of changing the zoning to SR-1 which would require all lots to be 1.0 acres in size. Under this option 9 of the 11 lots would remain non-conforming. Therefore, Commissioner John Franck set a public hearing at 6:50 p.m. on Tuesday, November 21 and said he would forward it to the County for an advisory opinion. Mayor Valerie Keehn asked for clarification on the MDR-1 designation. Geoff Bornemann said it would allow 3.5 units per acre. He explained that rezoning to SR-2 would make 7 of the 11 lots conforming. He said there are two large lots that could be subdivided. If subdivided, they would need to appear before the Planning Board for subdivision approval. 8 of 12 City of Saratoga Springs City Council Meeting Minutes Tuesday, October 17, 2006 Update on Bingo License Commissioner John Franck said that on Thursday evening he would meet with all current City Bingo licensees. This is part of his due diligence in making sure that there is no adverse financial impact on these not-for-profit organizations as a result of the application by Saratoga Gaming and Raceway. Upon completion of this meeting, he will inform Saratoga Gaming and Raceway about the discussions and proceed to complete the application process. Current bingo licensee holders include the Knights of Columbus, Jewish Community Center, St. Clements, Elks Clubs, etc. He said that some of these organizations support the Saratoga Gaming and Raceway application, while others do not. The license application for Saratoga Gaming and Raceway will come to the Council for approval. FINANCE DEPARTMENT Sales Tax Report Commissioner Matthew McCabe said the October 12 discussion of sales tax shows a 9.6 percent increase than at this time last year. The total collected as of October 12 was $5,997,083. In 2005 it was $5,467,858. Last year we were at 70 percent of the budgeted amount while this year we are at 72 percent of the budgeted amount. He projected that the City would collect approximately $9 million. He said he would keep the Council updated on this matter. Mayor Valerie Keehn asked if there was a trend showing an increase in sales tax. Commissioner Matthew McCabe said while the numbers had increased, he was not yet able to identify a trend. The admissions tax was down but the sales tax on gas is up. Store owners downtown all have different comments concerning the summer business. Some say it was good, while others say it was not. 2007 Comprehensive Budget Commissioner Matthew McCabe set a public hearing for November 7 at 6:15 p.m. on the 2007 Comprehensive Budget. The next workshop will be on Thursday, at 9:30 a.m. The meeting will also be open for public comment. Grant Commissioner Matthew McCabe said he would have a press conference tomorrow on the City receiving agrant from Assemblyman Tedisco’s office. DEPARTMENT OF PUBLIC WORKS Fowler Lane (06-174) Commissioner Thomas McTygue said that a public hearing was held at the last City Council meeting to amend the Official Street list in Chapter 201 of the Code of the City of Saratoga Springs, entitled “Street Naming and Numbering” as follows: Change Fowler Lane (Private) – West Circular Street to Joseph Street to read: Fowler Lane – Elm Street to Joseph Street. Commissioner Thomas McTygue moved and Commissioner Ron Kim seconded to Change Fowler Lane (Private) – West Circular Street to Joseph Street to read: Fowler Lane – Elm Street to Joseph Street. Ayes all. Change Orders Commissioner Thomas McTygue moved and Commissioner Ron Kim seconded to approve the following change orders: Change order #8 for LeChase Construction Company in the amount of $1,237 for the Church Street parking garage. Money is in the budget. Also sufficient funds for the frost project at 5,000 9 of 12 City of Saratoga Springs City Council Meeting Minutes Tuesday, October 17, 2006 Change Order #3 for Blue Heron Construction Company for the Water Treatment Plant Disinfection System. This is for a change in the completion date from 180 days to 229 days. Change Order #3 for R.F. Gordon Mechanical Company for the Water Treatment Plant Disinfection system for a similar change in days as Blue Heron. Ayes all . Sidewalk Contract Commissioner Thomas McTygue moved and Commissioner Ron Kim seconded to authorize the Mayor to sign a sidewalk contract for 700 square feet of sidewalk at $6 per square foot in front of 130 Circular Street. A check as already been received for $4,200 for this project. Ayes all. Youth Hockey to Sell Dasher Ads (06-175) Commissioner Thomas McTygue moved and Commissioner Ron Kim seconded for the Saratoga Youth Hockey to sell dasher ads at the Weibel Avenue ice rink. The Youth Hockey will solicit the advertisers, sell the advertisements, coordinate the installation and collect the money. They will then split the money with the City 75 percent /25 percent . Linda Terricola said the City’s share of 25 percent will go to the Weibel Avenue debt service. She said when the City did the dasher boards, there was approximately $15,000 in revenue. The Youth Hockey program has proposed to do the dasher ads with 24 boards and the doors to the penalty boxes. Carolyn Male, Youth Hockey, said at this time they have 7 businesses committed and hoped to sell all 24 spots. The company that will install the ads is the same company that did the ads for the River Rates. The ads will remain up for the year unless they choose not to renew. Carolyn Male said they have nearly 300 children in the hockey program. Approximately 45 percent of their budget comes from fundraising. This is an effort to raise more funds to allow those children who cannot afford to pay to participate. The Youth Hockey program is the largest user at the rink. Commissioner John Franck said he had suggested, early in his administration, that the City allow for advertising as a revenue stream. However, Michael Englert informed him that the City could not legally do so. He had suggested ads on the City’s Web page and in the garages. Michael Englert said that traditional governmental functions do not permit selling advertising. He said, for example, if the City did a newsletter, advertising would not be permitted, however, it could likely be done in a garage. Linda Terricola said there has also been some discussion on advertising on the Zamboni. Ayes all. Open Space Projects Commissioner Thomas McTygue said that he wanted the Open Space Committee to get together and look at some of his requests and he now sees that a meeting of this committee was called. He wanted the properties at Bingham Street, Getty Station and the Snack Shack to be considered under the open space program. These parcels will likely be expensive, so there needs to be some open communication and negotiations with the property owners. There is also a parcel between the City property and the Spring Valley project that he would like considered. Repair Lion Commissioner Thomas McTygue moved and Commissioner Ron Kim seconded to engage Todd Goings to repair the second lion on the steps of City Hall at $1,860 plus $475 for pick up for the lion’s total $2335 now they are at the west side rec. The first lion was repaired at a cost of $2,400. Great treasure for the city. They will bring them back. It’s in the budget. Ayes all. DEPARTMENT OF PUBLIC SAFETY 10 of 12 City of Saratoga Springs City Council Meeting Minutes Tuesday, October 17, 2006 Washington Street Parking (06-176) Commissioner Ron Kim moved and Mayor Valerie Keehn seconded to adopt the following ordinance: AN ORDINANCE TO AMEND CHAPTER 225 OF THE CODE OF THE CITY OF SARATOGA SPRINGS, NEW YORK, ENTITLED “VEHICLE AND TRAFFIC ”. BE IT ORDAINED by the City Council of the City of Saratoga Springs, New York, following a public hearing as follows: SECTION 1. Chapter 225 of the Code of the City of Saratoga Springs, entitled “Vehicle and Traffic ”, is hereby amended as follows: A. Section 225-84 is amended to add the following to Schedule XIX “PARKING PROHIBITED CERTAIN HOURS ”: NAME OF STREET SIDE HOURS/DAYS LOCATION Washington Street North M, T, W, TH, F between Federal Street and Broadway B. Section 225-87 is amended to add the following to Schedule XXII: NAME OF STREET SIDE HOURS/DAYS LOCATION Washington Street South 2 hours from its intersection with Federal Street to a distance of 430 feet SECTION 2. This ordinance shall take effect the day after publication as provided by the provisions of the City Charter of the City of Saratoga Springs, New York Ayes all. Towing Services – Standards and Fees (06-177) Commissioner Ron Kim moved and Commissioner John Franck seconded that the standard towing fees be established at $125 for towing and $25 for storage. This is a contract that the City does each year. Ayes all. Lake Avenue Fire House Capital Budget Amendment Commissioner Ron Kim set a public hearing for October 24 at 6:25 p.m. on a capital budget amendment for the Lake Avenue Fire House apron. He explained that the bids for this project came in higher than budgeted so more funding is needed. Firefighters Commissioner Ron Kim congratulated firefighters Knight, Hammond, Whitney and Long for delivering a baby girl on October 11 at 8:43 a.m. SUPERVISORS Joanne Yepsen Board of Supervisors Resolutions: Joanne Yepsen reported that a new County Water Authority Board was appointed today with representatives from the Towns of Ballston, Wilton and Stillwater. Also appointed were Charles Wait, Adirondack Trust Company and Kevin King, Malta Comptroller. This new water authority board will take the place of the existing water authority. Commissioner Thomas McTygue reminded everyone that the existing water authority had been in existence for 14 years and has done nothing. Water Committee: Joanne Yepsen reported that the Water Committee held a special meeting today to review the response on the RFP for the financial advisor for this project. Public Safety Committee: Joanne Yepsen reported that this committee announced that the County Radio System expects this project to come to fruition in the very near future. They anticipate EPA approval by mid- November 11 of 12 City of Saratoga Springs City Council Meeting Minutes Tuesday, October 17, 2006 Board of Elections: Joanne Yepsen reported the Board of Elections Commissioners will select the HAVA voting machines by mid December. Deceased Veterans Program: Joanne Yepsen reported that the next Deceased Veterans program will be held on November 21 at 2:30 p.m. Both Elizabeth and Art Armstrong will be honored and the public is invited. Art Armstrong was a long time employee in the Department of Public Safety. Saratoga Race Course Economic Analysis: Joanne Yepsen reported that she is a member of the County’s racing committee. This committee will review the analysis done by the New York City firm on the horse industry. That analysis showed that Saratoga Springs outshines all race tracks in the country. The purpose of this analysis was to have material for fact based arguments on the decisions that will be made on the future of racing here in the City. She will bring a more detailed report to the next Council meeting. She would also invite Larry Benton, IDA member, to speak on this matter. Mayor Valerie Keehn said that there has been some good discussion by the Ad Hoc racing committee on this analysis. She said they are mindful that the Saratoga Race Course is one of the most successful racecourses in America. Joanne Yepsen said what was interesting in this report was that the City holds three of the top horse shows with nearly $70 million generated from those three events. Cheryl Keyrouze County Update – Water Committee: Cheryl Keyrouze said revenues for this project are based on contracts which will impact the bonding for this project. At this time, there are no contracts. There are some smaller businesses that want to tap into this water system, but no big users yet. Announcements: Cheryl Keyrouze said that recently firefighter’s exemption certificates from performing jury duty were recently found which dated back to 1898 to 1906. She would provide those exemption certificates to the City. The County Mental Health Clinic is looking for space in the City because they will lose their space at the hospital. There will be a press conference on November 1 at 2:30 in the County Board of Supervisors room on the County budget. PUBLIC COMMENT PERIOD Mayor Valerie Keehn opened the second public comment period. There being no one wishing to speak, Mayor Valerie Keehn closed the second public comment period. ADJOURNMENT Valerie Keehn moved and Commissioner Matthew McCabe seconded to adjourn the meeting at 9:25 p.m. Ayes all. There being no further business, Mayor Valerie Keehn adjourned the meeting at 9:25 p.m. Respectfully submitted, Kathy Moran Adopted: Clerk 12 of 12