City Council

City of Saratoga Springs City Council Meeting Minutes Tuesday, November 7, 2006 CITY OF SARATOGA SPRINGS CITY COUNCIL MEETING CITY COUNCIL ROOM TUESDAY, NOVEMBER 7, 2006 6:15 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 PUBLIC HEARINGS 2007 Comprehensive Budget Commissioner Matthew McCabe reminded everyone that there would be a budget workshop meeting tomorrow. Mayor Valerie Keehn opened the public hearing on the 2007 Comprehensive Budget. John Kraus, 227 Grand Avenue, representing the overburdened taxpayers, said that given all of the rationale and the positive factors, the targeted tax rate for 2007 should be $4.50 and certainly no higher than $4.72. Hitting the targeted number of $4.50 could give validation that this form of government is working. He asked that the Council do the right thing for the taxpayers. Corrine Sirocco, 27 Pinewood Avenue, said that holding taxes down and affordable housing go hand in hand. If residents cannot afford to pay their taxes, they cannot afford to own a home. She opposed any tax increase. She asked about the additional VLT money and the new construction and how that plays into the tax rate. Commissioner Matthew McCabe said the proposed average tax rate increase is 5.8 percent not 10 percent. He is using the numbers from the state for the VLT revenue and that is $2.7 million. Commissioner John Franck said new construction added approximately $90,000,000 to the tax roll as of May 1, 2006, which equates to about $450,000 in additional revenue for the City. Commissioner Matthew McCabe pointed out that the City’s health insurance costs are more than $4 million. Rick Dahlstrom, 5 Country Squire Court, asked if it was the Council’s intention to drive away noncity residents from the recreation program. He said there is a proposed 144 percent increase in fees for noncity residents. The soccer program is a self-sufficient program. The 144 percent increase is exorbitant. Mayor Valerie Keehn asked where he found the increase to be 144 percent. Rick Dahlstrom said the increase was from $45 to $100 for noncity, nonschool district children. Commissioner Matthew McCabe said it was not his intention to drive anyone away; however, recreation is a pay as you go industry. The recreation program is under funded in terms of the cost to supply the program; however, no department carries its own weight. The recreation fees seemed to be out of balance. He said, for example, if an individual is not a member of the YMCA, the cost to take a class is double that of a member. He believed though that the proposed rates were in line with surrounding communities. He agreed the proposed fees were aggressive; however, it was not his intention to 1 of 11 City of Saratoga Springs City Council Meeting Minutes Tuesday, November 7, 2006 drive anyone away. Rick Dahlstrom asked if it was his intention to have the soccer program to subsidize the other programs. Commissioner Matthew McCabe said everything in this City is subsidized by taxes. Rick Dahlstrom asked if the City was considering privatizing the soccer program like the little league program. Commissioner Matthew McCabe said there needs to be some discussion over the next year on that matter. He said he believed a good private/public partnership to manage the facility and its programs would be good for the City. He said the City has a great staff; however, it was time to look at a public/private partnership. Lew Benton, Chair of the Department of Public Safety Building Program Committee, said there is $1 million allotted in the capital budget for 2007 for the design and engineering of a new DPS facility. They are currently developing proposals to be distributed in the near future. He hoped to return to the Council in the early spring to present the preferred site, construction costs, management of the new facility and other items. He said it was important that the $1 million remain in the capital budget so the project could continue to move forward and they could seek bids. He said the operating budget is the problem and not the capital budget. This committee will also look at revenue streams to fund the debt service on this building. Commissioner John Franck asked if the committee was close to accepting one of the proposals for the feasibility study. Lew Benton said the committee would rank the submittals next week and he hoped to bring it to the next Council meeting. Commissioner Matthew McCabe said that the public hearing would remain open. (Commissioner Thomas McTygue arrived.) 120 West Avenue Zoning Amendment Mayor Valerie Keehn said this was a public hearing on a petition to amend the zoning classification for the middle and rear portion of the Kamen property at 120 West Avenue from Urban Residential-2 and Transect-5 Neighborhood Center. The City Planning Board did not issue an advisory opinion within the required 30-day period but did offer an analysis of the planning issues relating to the proposed rezoning. The owner of the property has provided the required proof of mailing of the hearing notice to the adjacent property owners. Mayor Valerie Keehn opened the public hearing. There being no one wishing to speak, Mayor Valerie Keehn closed the public hearing. CALL TO ORDER Mayor Valerie Keehn called the meeting to order at 7:00 p.m. PUBLIC COMMENT Mayor Valerie Keehn said today had been an emotionally charged day. The issue before the voters today is an important issue and both sides are committed. She asked, though, that the Council meeting remain civil and that the discussion be kept to the agenda item. If there were any outbursts, police would escort those individuals from the room. Mayor Valerie Keehn opened the public comment period. David Bronner, 5 Royal Henley Court, said that at the last Council meeting there was a comment that there were about 20 vehicles being used by City personnel that go home each night. He had not been able to identify those 20 vehicles and asked if someone could. There was also a comment that DPW had 10 less employees than in past years. He said that should be the case with improved equipment. There should be less manual labor. There was a comment that the DPW Commissioner works full time. If he is working full time, then the position of the Deputy Commissioner needed to be reviewed and perhaps there could be a salary savings. Kyle York, 59 Railroad Place, said he received the letter in the mail addressed to City employees about the lack of dependable leadership, inadequate/obsolete/unsafe equipment and not being treated respectfully. He said it was not his experience in the short time that he worked for the City. It was confusing to him to see a 2 of 11 City of Saratoga Springs City Council Meeting Minutes Tuesday, November 7, 2006 letter written by the Mayor on these matters when she had worked here less than a year. He was proud to work for the City. Mary Kay Case, 147 Braim Road, Greenfield Center, Downtowner Motel, said she recently did some investigation of the small independent business alliance noting that they would be making a presentation in the area. She said this alliance is a coalition of business owners and citizens united to support hometown businesses. The alliance helps to maintain community character, build local economics and assists in the displacement of small town businesses by the chain stores. She wanted the Council and the residents to be aware of this presentation. Anyone seeking information on this should contact her. Mayor Valerie Keehn said she was glad that Kyle York had a pleasant experience working for the City. She said, though, that since she had been Mayor she had many employees talk to her about working conditions and she has kept those conversations private. What was stated in the letter could apply to any number of employees. Two years ago, if the employees in the police department had been asked the question concerning working conditions, it could be a very different conversation than today. This letter was sent to address specific issues that some employees had experienced. Joanne Winchell, 47 Cliffside Drive, said it was sad that a police officer had to be at the meeting this evening. The City should not pay for the publication that was sent to residents. The publication should have addressed both sides of the matter. Mayor Valerie Keehn said no tax dollars have been spent on this publication. Joanne Winchell said when she called the Mayor’s Office today, she was told that funds were spent. Commissioner Thomas McTygue said if there are unsafe working conditions for employees and the Mayor knows about those conditions, they need to be addressed. He said he was proud of the working conditions in the Department of Public Works. They have made many upgrades to equipment and the work environment. He said he has also looked to the future in that the Department of Public Works will move some of its operation to the Weibel Avenue National Grid location when National Grid moves. He said, though, that it was important for the Mayor to talk to the Commissioners if there are problems in working conditions. There being no one else wishing to speak, Mayor Valerie Keehn closed the public comment period. CONSENT AGENDA Mayor Valerie Keehn moved and Commissioner John Franck seconded to adopt the consent agenda as follows: 1. Minutes: October 17, October 19, October 24 and November 1 2. Payroll: 10/20/06 - $357,214.61; 10/17/06 - $356,047.88; 11/03/06 - $350,235.64 3. Warrants: Mini Warrant MCOCT06 $ 230,570.01 posted 10/25/06 Mini Warrant MC1NOV06 $ 68,617.77 posted 11/1/06 General Warrant 1NOV06 $1,136,172.43 posted 11/6/06 4. Budget Transfers – Social Security (Attachment A) 5. Budget Transfers – Regular (Attachment B) 6. Budget Amendments (Attachment C) 7. Budget Transfers – Self Insurance (Attachment D) Ayes all. MAYOR’S DEPARTMENT Authorization for Mayor to sign contract with Blue Wing Services, Inc. (06-184) Mayor Valerie Keehn said that this was a request to authorize the Mayor to sign a contract with Blue Wing Services in connection with a 150 foot monopole telecommunications tower on Weibel Avenue. The City’s zoning ordinance permits the hiring of a consult with the cost to be borne by the applicant. The applicant has agreed to establish an escrow account with the City. An RFP was released to six consulting firms. There were no responses; however, after follow up communication two responses were received. The ZBA is 3 of 11 City of Saratoga Springs City Council Meeting Minutes Tuesday, November 7, 2006 recommending that Blue Wing Services be engaged. Commissioner John Franck said the Accounts Department had since received the material from those respondents. Mayor Valerie Keehn moved and Commissioner Ron Kim seconded to authorize the Mayor to sign the contract as presented with Blue Wing Services. Ayes all. Adoption of Local Law – Cable Franchise (06-185) Mayor Valerie moved and Commissioner Ron Kim seconded to adopt the local law to amend the Code of the City of Saratoga Springs by adding a new chapter to establish local policy and regulation concerning cable systems, open video systems, and private communications systems that use the public rights-of-way in the City. Ayes all. Retain Counsel for Article 78 against Planning Board (06-186) Mayor Valerie Keehn said the Planning Board had been served with an Article 78 lawsuit relating to their September 11 decision to deny a special use permit for a five room bed and breakfast at 94 George Street. The Planning Board met with City Attorney Michael Englert to review the charges and as a result of the discussion, the Planning Board voted 7-0 to urge the Council to take whatever steps necessary to defend this lawsuit. Therefore, Mayor Valerie Keehn moved and Commissioner Matthew McCabe seconded to retain Miller Mannix as counsel in the Article 78 law suit against the Planning Board for 94 George Street in an amount not to exceed $5,000. This will be paid from the self insurance fund. Ayes all. ACCOUNTS DEPARTMENT Commissioners of Deeds Commissioner John Franck appointed the following individuals as Commissioners of Deeds with a term of two years: Jason Tetu, Police Dept., Robert Wilson Police Dept., Edward Braim, Police Dept., Richard Arpei, Police Dept., Marilyn Rivers, Risk & Safety Manager and Margaret Brydges, Human Resources Administrator. Announcement: Saratoga County Sewer District public hearing Commissioner John Franck said that recently he received notice from the Saratoga County Attorney’s Office and was asked in that letter to bring to the Council’s attention that a public hearing of the Saratoga County Sewer District is scheduled on November 8 at 9:00 a.m. at the Board of Supervisors Chambers in Ballston Spa to consider the proposed sewer rates for 2007. Kamen, 120 West Avenue Zoning Amendment (06-187) 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 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 4 of 11 City of Saratoga Springs City Council Meeting Minutes Tuesday, November 7, 2006 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. The Planning Board asked that their concerns be transmitted to the Council. The Board supports the effort to resolve the issue on whether the City should charge petitioners a fee for zoning amendments. If there was to be a fee, the Planning Board suggested there be some criteria by which waivers are granted. Therefore, Commissioner John Franck moved and Commissioner Matthew McCabe seconded to issue a negative SEQR determination and to approve the zoning amendment to rezone the middle and rear portions of the property from UR-2 to T-5. Ayes all. FINANCE DEPARTMENT Victorian Street Walk Commissioner Matthew McCabe said the Victorian Street Walk would be held on November 30. There will be shuttle service from the NYRA lot, train station and the Weibel Avenue skating rinks to the downtown area at no expense to riders. He said that this will not impact the holiday train this year. City Center Contingency Commissioner Matthew McCabe moved and Commissioner John Franck seconded to approve the City Center Contingency transfers as submitted. The transfers have met City guidelines. He said that after these transfers are completed the re will be $17,113.64 remaining in this fund (Attachment E) . Ayes all. Third Quarter Financial Report Commissioner Matthew McCabe said the third quarter financial report had been completed and submitted to the City Clerk’s Office by November 1. As of September 30 revenues were at 61.5 percent and expenditures were at 68 percent which was similar to last year. As of October 30, expenditures were at 74 percent and revenues were at 74.4 percent. Sales Tax Exemption (06-188) Commissioner Matthew McCabe recommended that the City not participate in the year-round sales tax exemption. Therefore, Commissioner Matthew McCabe moved and Mayor Valerie Keehn seconded that the Council take no action and not participate in the year-round sales tax exemption. Ayes all. Reserve Resolutions (06-189) Commissioner Matthew McCabe moved and Commissioner John Franck seconded to approve the reserve resolutions as follows: 1. Resolution Establishing Capital Reserve Fund to Finance the Construction, Reconstruction, Addition to or Conversion of the Weibel Avenue Public Works Facility 5 of 11 City of Saratoga Springs City Council Meeting Minutes Tuesday, November 7, 2006 2. Resolution Establishing Capital Reserve Fund to Finance the Construction of the Spring Run Trail 3. Resolution Establishing Capital Reserve Fund to Finance the Construction, Reconstruction or Acquisition of Parking Structures 4. Resolution Establishing Capital Reserve Fund to Finance the Construction , Reconstruction or Acquisition of Ice Rink Improvements and Equipment 5. Resolution Establishing Capital Reserve Fund to Finance the Construction, Reconstruction or Acquisition of Buildings 6. Resolution Establishing Capital Reserve Fund to Finance the Construction , Reconstruction or Acquisition of Church Street Traffic Improvements 7. Resolution Confirming the Establishment of the Reserve Fund for the Payment of Bonded Indebtedness 8. Resolution Confirming the Trust Fund for the Preservation of the Veterans Walk of Honor and War Memorial. Roll call vote: Ayes all. Retirement Resolutions for 384e and 384e(b) (06-190) Commissioner Matthew McCabe said at the October 24 meeting the Council approved the contracts for the PBA, Police Administrative and Police Lieutenants. The Council now needs to adopt the following resolutions. Commissioner Matthew McCabe moved and Commissioner Ron Kim seconded to adopt the following resolution: RESOLUTION OF THE CITY OF SARATOGA SPRINGS, NEW YORK Location Code: 20049 Resolution providing the benefits of Section 384-e for employees covered by Section 384-d of the New York State Retirement and Social Security Law Police Only At a meeting of the City Council of the City of Saratoga Springs held at Saratoga Springs, New York, on November 7, 2006, the Commissioner of Finance, Matthew McCabe, offered the following resolution: “BE IT RESOLVED that the City Council of the City of Saratoga Springs does hereby elect to provide the additional pension benefits of Section 384-e of the Retirement and Social Security Law for any member of its Police Department who duly elects Section 384-d of the Retirement and Social Security Law, as presently or hereafter amended. ” BE IT FURTHER RESOLVED that this election shall become effective beginning on the 1 st day of January, 2007. Roll call vote: Ayes all. Commissio ner Matthew McCabe moved and Commissi oner Ron Kim seconded to adopt the following resolution: RESOLUTION OF THE CITY OF SARATOGA SPRINGS, NEW YORK Location Code: 20049 Resolution providing the benefits of Section 384-e(b) for employees covered by Sections 384-d & 384-e of the New York State Retirement and Social Security Law Police Only At a meeting of the City Council of the City of Saratoga Springs held at Saratoga Springs, New York, on November 7, 2006, the Commissioner of Finance, Matthew McCabe, offered the following resolution: “BE IT RESOLVED that the City Council of the City of Saratoga Springs does hereby elect to provide the additional pension benefits of Section 384-e(b) of the Retirement and Social Security Law for any member of its Police Department who is covered by Sections 384-d & 384-e of the Retirement and Social Security Law, as presently or hereafter amended. ” BE IT FURTHER RESOLVED that this election shall become effective beginning on the 1 st day of January, 2007. 6 of 11 City of Saratoga Springs City Council Meeting Minutes Tuesday, November 7, 2006 Roll call vote: Ayes all. Bond Resolution for Issuance of Land Installment Purchase Obligation for Loughberry Lake Acquisition (06- 191) Michael Englert said this is similar to a mortgage; however, the City cannot do a mortgage so it issues a bond to be held by the seller in the amount of $50,000 for the final payment on this land purchase. The land, adjacent to Loughberry Lake, will be purchased from the Stewarts Corporation. Commissioner Thomas McTygue reminded everyone that the City was originally going to pay $50,000 for five years; however, a $100,000 matching grant became available from the County. The remaining $50,000 will be paid through this bond. Commissioner Matthew McCabe moved and Mayor Valerie Keehn seconded to adopt the resolution authorizing the issuance of serial bonds of the City of Saratoga Springs, Saratoga County, New York in an aggregate principal amount not to exceed $50,000 pursuant to the local finance law to finance the acquisition of interests or rights in land for the preservation of open space and delegating the power to issue bond anticipation notes in anticipation of the sale of such bonds to the Commissioner of Finance. Roll call vote: Ayes all. 2007 Comprehensive Budget Commissioner Matthew McCabe said the workshop on the 2007 comprehensive budget is scheduled for November 8 at 5:00 p.m. The public hearing will continue until the budget is adopted. He hoped that the Council could adopt the budget on Thursday, November 16. Mayor Valerie Keehn said she would like a complete copy of expenditures for departments before the meeting. Commissioner Matthew McCabe said that all necessary documentation would be provided. Payroll transfers Commissioner Matthew McCabe said this item was removed from the consent agenda and placed on the regular agenda due to some concerns. He pointed out, though, that the item of concern on these transfers for printing had been removed. He encouraged Council members to adopt the transfers as presented. Commissioner Matthew McCabe said there were some concerns on whether the printed material should be paid for by the City due to the contents. He said that to date, there have not been any funds expended on printing this document. To date only $986 had been spent on stenographic services and those rates were approved at the August 15 meeting. The budget for the Commission was set at $7,400 at the October 17 meeting and approved through the transfers. The prior commission spent significantly more. Municipal Home Rule Law outlines procedures for Charter Commission expenses. The questions need to be answered concerning the contents and appropriateness of the material. Commissioner Matthew McCabe moved and Commissioner Ron Kim seconded to adopt the transfers as presented, noting that no transfers in charter review commission lines had been included (Attachment F). Commissioner John Franck reviewed his areas of concern with the document noting that the document went from education to advocacy due to the content. He was also concerned that the return address was 474 Broadway. Home Rule Law states that the commission may not advocate for a yes or no vote and this printed material clearly editorializes and advocates. The Charter Commission should also conduct a public education program. Their public education program arrived in the mail 18 hours before the polls opened. When the Commission becomes an advocate, then the election law kicks in and the City cannot pay for this printing. He said he was also concerned with the use of the postage permit number. It is a city permit and if a private entity used that number then it could become a misuse of City funds. He was researching that matter with the postal service. The City’s purchasing policy may also have been violated. If the cost of the printing was more than $5,000 then quotes were required. As the City’s purchasing agent, he would not pay this until the questions had been answered. Mayor Valerie Keehn said these were all valid points and she welcomed the Ethics Board looking into this matter. She had no knowledge of who paid for this document. She did not see it until it arrived in her mailbox. 7 of 11 City of Saratoga Springs City Council Meeting Minutes Tuesday, November 7, 2006 Commissioner Thomas McTygue asked who authorized the Commission to develop such a document. Commission Matthew McCabe said that once a Commission is established, they are a separate entity operating in a vacuum. Commissioner Thomas McTygue said it should still be brought before the Council before funds are expended. Commissioner Matthew McCabe said they are entitled to a budget and the activities within that budget. The previous charter commission had a budget and expended the funds. If appropriateness was the issue, then perhaps the Ethics Board should review the matter. He said that he would research the payment issues. Mayor Valerie Keehn again said that she welcomed the Ethics Board reviewing this matter. Commissioner Ron Kim asked for clarification on what exactly the Council wanted the Ethics Board to review. He said it needed to be clear whether the Council was seeking an opinion or pressing for a specific charge. The Council owes it to everyone to be clear on what it wants. Commissioner Matthew McCabe said he would like a recommendation on his concerns. Commissioner John Franck said he had concerns with the content and the legal issue of the use of the postal permit number. He too would submit a request to the Ethics Board. Commissioner Thomas McTygue asked who gave the Commission the authorization to make this expenditure and who paid for it. Mayor Valerie Keehn said any Council member can ask the Ethics Board for an opinion on this or any other matter. Commissioner Thomas McTygue said he would like to see the minutes from the Charter Commission meetings where the Commission authorized printing. Michael Englert said the Ethics Board could review this matter; however, it seemed that the Council was really seeking an opinion on the Home Rule Municipal Law which is state statute. The City may want to seek an opinion from the Attorney General or the Comptroller. Mayor Valerie Keehn suggested that the Ethics Board be requested to recommend the appropriate entity that should be reviewing this matter, if it was not them. Commissioner John Franck said he had a concern that it appeared that only the Mayor or the City Attorney could seek an opinion from the Attorney General and questioned whether that would happen if the Ethics Board recommended that avenue. Mayor Valerie Keehn said she would be glad to work with Commissioner John Franck to seek an opinion from the Attorney General. Roll call vote: Ayes all . DEPARTMENT OF PUBLIC WORKS Permission to use Water Reserve Account funds and to enter into an agreement with Cutting Edge Group to extend water line Commissioner Thomas McTygue moved and Commissioner Matthew McCabe seconded to use $34,800 from the water line extension reserve account and permission for the Mayor to sign an agreement with Cutting Edge Group to upgrade the water main from Old Schuylerville Road to Ruggles Road from an 8 inch to a 12 inch and to bore under Route 29 to extend the water system. This is an anticipation of looping the system in the future. Commissioner Thomas McTygue said there is currently a developer working on a project in this area and because the company is doing some work for the developer on this water line, it would be cheaper for the City to engage this company for this water main extension and upgrade. He said he is seeking to use funds from the water reserve account, for the Mayor to sign the contract and for a waive of bid. Commissioner Matthew McCabe said the expenditure of these funds seemed appropriate under the circumstances and he supported the motion. Mayor Valerie Keehn said Commissioner Thomas McTygue should have disclosed to the Council’s that he or any member of his family owned property in this area. Commissioner Thomas McTygue said that the extension and upgrading of this water line will not benefit that parcel. That parcel is located at the farthest end in this area and is in fact the last parcel within the City limits. Mayor Valerie Keehn said there would be a benefit for that parcel. Commissioner Thomas McTygue said the benefit was to the City in looping the water 8 of 11 City of Saratoga Springs City Council Meeting Minutes Tuesday, November 7, 2006 system. This has been a long term plan to loop the system and pointed out that the Planning Board has encouraged this looping. Commissioner Ron Kim asked who was the developer. Bill McTygue said this is the Hickey’s Corner subdivision and W.J. Morris is the contractor. This is an opportunity for the City to piggyback on to this project, increase the size of the line and to bore under Route 29 at a lesser expense. This can be done because the subcontractor will be in this area and, therefore, there will be no staging fees. Mayor Valerie Keehn said it was her understanding that generally the homeowners incur the cost of water line extensions. Commissioner Thomas McTygue said in this case it is the developer’s responsibility because of the new construction. The developer agreed to run an 8 inch line. The City now believes that the appropriate line is a 12 inch line. He proposes to upgrade the line at a minimal cost. The boring under Route 29 will eventually one day allow for looping of the system. Mayor Valerie Keehn asked if a homeowner wanted a line increased from 8 to 12 inches , who would pay. Bill McTygue explained that in the case of this subdivision, a 12 inch line was not warranted, therefore, an 8 inch line was approved. The City now believes that due to future needs of the City, the 12 inch line is more appropriate. The developer is paying for the 8 inch line and the City is paying the difference between the two. This will allow the City one day to loop the line. The cost to the City is $17,800 for the increase in pipe size and approximately $17,000 for the bore. Mayor Valerie Keehn asked if those 12 homes wanted a larger pipe, would they pay the cost. Bill McTygue said if they were existing homes, the homeowner would pay, however, because this is a new subdivision and the 8 inch line is warranted for that subdivision, the City would pay the cost to increase the pipe size from 8 inch to 12 inch. A 12 inch line for this subdivision is not warranted. He also pointed out that future projects would pay for the extension of this line down Stafford’s Bridge Road. Commissioner Matthew McCabe said where he lives, the homeowners formed a district, bonded the money and paid for the new water lines. With every new homeowner that hooks into that water system, they pay a portion of that bond. They also pay the City’s hook up fee. The line going down Stafford’s Bridge Road would be similar to his situation with developers and homeowners paying to extend the line. Commissioner Matthew McCabe said this was an appropriate use of City funds. Bill McTygue said what is driving this interest is that the contractor will be at this site anyway, doing some work. Under these circumstances, they would like to waive the bid. The alternative was to do nothing. Then there would be a 12 inch line to this area, and 8 inch line near this area and then a 12 inch line leading away from this subdivision. Mayor Valerie Keehn said the issue was that Commissioner Thomas McTygue did not disclose that he owns property in this area. Commissioner John Franck said the property that he owns is not on Stafford’s Bridge Road and the water line is going south not east. There was no reason to disclose that he owned property. The Planning Board has also recommended for several years that the City pursue looping the line. The Council needs to look at the benefit to the residents. Bill McTygue said this waterline is not going to or from the parcel of land owned by Commissioner Thomas McTygue. Commissioner Ron Kim said it was likely that if this project was bid, that the company that the City is proposing to contract with would be the low bidder anyway. Commissioner Thomas McTygue reminded everyone that in order to bid the project, it’s a minimum of six weeks time to put the specs together. Mayor Valerie Keehn said it was at the discretion of the Council to waive a bid. Ayes all. Set Public Hearing – Street List Naming and Numbering Commissioner John Franck requested that a public hearing be set for November 21 at 6:45 p.m. on street naming and numbers for Longwood Drive, Gatewood Drive, Stonewood Drive and Dyer Lane. Change Order No. 4 Water Treatment Plant Disinfection System 9 of 11 City of Saratoga Springs City Council Meeting Minutes Tuesday, November 7, 2006 Commissioner John Franck moved and Commissioner Matthew McCabe seconded to approve change order number 4 for Blue Heron Construction Company for the Water Treatment Plant Disinfection System in the amount of $5,698.87 for extra plumbing work not covered by the original contract. This change order represents less than 1 percent of the original contract amount. The funds are within the capital budget. Ayes all. DEPARTMENT OF PUBLIC SAFETY DMV Grant Extension for Tracs, Electronic Ticketing Devices in Patrol Cars (06-192) Commissioner Ron Kim moved and Commissioner Matthew McCabe seconded to approve the DMV Grant Extension for Tracs, Electronic Ticketing Devices in Patrol cars in the amount of $31,000. Ayes all. DMV Grant for BUNY Buckle up New York for $8,000 (06-193) Commissioner Ron Kim moved and Commissioner John Franck seconded to authorize the Mayor to sign the DMV Grant for BUNY Buckle up New York in the amount of $8,000. These funds are dedicated for this program. Ayes all. SUPERVISORS Cheryl Keyrouze CV Whitney Memorial Highway Meeting: Cheryl Keyrouze said there would be a meeting on November 27 on this matter. Those attending the meeting would include Joe Ritchey, Bill McTygue, Paul Male, Tom Woerner, Roy McDonald, Jim Tedisco, Ron Kim, Valerie Keehn and Ron Burdick. Horse Park Update: Saratoga Plan has joined this committee. There will be a presentation at Skidmore College on November 17 on the matter. Saratoga County Budget: Last week, the Board of Supervisors presented the 2007 budget. There will be a public hearing on November 29 and it is scheduled for adoption on December 13. The budget is at $225 million. The tax rate will go down to $2.20 from $2.35. She planned to meet with David Wickerham and will then report back to the Council. Citizens Transportation Committee of Saratoga County: There will be a meeting on November 9 at the Sussman Room in the library on this matter. Rocky Ferrera from CDTC will make the presentation. County Water Committee Update: withdrew this items from discussion. Saratoga Springs City Charter: Withdrew this item from discussion and will submit documentation. Sewer commission meeting: Cheryl Keyrouze asked if anyone planned to attend this meeting. Mayor Valerie Keehn said possibly. Joanne Yepsen County Budget 2007: Joanne Yepsen said the County budget is proposed at $225 million which is 4.3 percent higher than last year. The County will still maintain the lowest tax rate in the state. Saratoga County is a healthy county. It has little to do with the elected officials and more to do with the rate of growth. The estimated surplus for the 2006 will be at $34 million. She still opposes the $15 million loan to the water authority for the proposed county wide water system. Commissioner Thomas McTygue pointed out that the County has rejected the $10 million grant from Congressman John Sweeney because they do not want EPA oversight on this project. He said it was interesting that the County could walk away from $10 million. He wondered how that $10 million would be made up. Joanne Yepsen said the first Water Authority Committee meeting was held last week. She said it was going to be difficult to bond this project when there is no revenue. 10 of 11 City of Saratoga Springs City Council Meeting Minutes Tuesday, November 7, 2006 The subcommittee is looking at four proposals from financial organizations that will assist the Water Authority Committee. 2006 Accomplishments for the County: Joanne Yepsen said the County had many accomplishments this past year including the Vietnam moving wall, 911 communication center, fire training facility, the AMD plant in Malta and the County wide Preservation plan. Emergency Preparedness: Joanne Yepsen said once a month about 35 expert people meet to discuss emergency issues such as pandemic flu, standardization of products, etc. She said that Saratoga County is ahead of other counties on such matters. This is committee is a useful resource for the City. PUBLIC COMMENT PERIOD Mayor Valerie Keehn opened the second public comment period. Steve Kaman, Vista Drive, thanked the Council for rezoning the parcel on West Avenue. On another matter, he said there was a street light on Vista Drive and Laurel Lane that had not been working for quite some time. He asked that the City look into repairing the light. Commissioner Thomas McTygue said he would look into this matter. He believed it was the contractor’s responsibility. Kyle York, 59 Railroad Place, said whether the letter that went to employees was for select employee or all, it was a serious matters. He said if employees are treated with disrespect or being undermined, he did not see it. In his experience he found motivated, qualified employees. He said there were no finer employees in the City and he was proud to have worked for the City. John Kraus, 227 Grand Avenue, asked if the public would know the projected tax rate at the budget workshop meeting tomorrow. Commissioner Matthew McCabe said that he hoped that the meeting next week, the budget would be adopted. He said that next week he will bring firm numbers. There being no one wishing to speak, Mayor Valerie Keehn closed the second public comment period. ADJOURNMENT Mayor Valerie Keehn moved and Commissioner John Franck seconded to adjourn the meeting at 8:40 p.m. Ayes all. There being no further business, Mayor Valerie Keehn adjourned the meeting at 8:40 p.m. Respectfully submitted, Kathy Moran Clerk Approved: 11 of 11