City Council

City of Saratoga Springs City Council Meeting Minutes Tuesday, December 5, 2006 CITY OF SARATOGA SPRINGS CITY COUNCIL MEETING CITY COUNCIL ROOM TUESDAY, DECEMBER 5, 2006 7:00 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 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 7:00 p.m. PUBLIC COMMENT PERIOD Mayor Valerie Keehn opened the meeting for public comment. John Kraus, 227 Grand Avenue, said the budget season is over for the City but not for the County. Recent news articles concerning assessments in surrounding towns prompt him to be concerned that the City’s Commissioner in charge of assessments is more concerned with the recent mailing by the charter commission than assessments. Less time should be spent working on the mailing and more on assessments. Mark Lawton, Nelson Avenue, Co-Chair of the CCIC, said the failure of the recent charter initiative makes the unfinished business of the existing charter more pressing. The unfinished items were the most difficult because it requires cooperation among the departments. It is essential that the emergency planning, a centralized personnel system and contract negotiations are worked on cooperatively. CCIC will continue to monitor the implementation of the charter and will report periodically. Dave Bronner, 5 Royal Henley Court, said the Council should consider appointing another Charter Commission. He said history shows that it may pass on the second or third time around. He was also concerned with the amount of time being spent on the charter mailing and thought that the investigation was going a bit overboard. There is too much time and energy being wasted on this matter. The Council should spend time on reviewing the election and public officer’s law concerning residency of Council members. Kyle York, 59 Railroad Place, said it was time for the Council to move forward and to work on the water issue. The City is at a key crossroads and the water project should move forward. Jean Cody, Railroad Place, said she was concerned with the potential loss of the parking spaces. She said that for those people who have a difficult time walking, this will be a great loss. It will also hurt the downtown business. She urged the Council to not remove this parking lot. Commissioner Thomas McTygue said that 62 percent of the residents voted to not adopt the proposed charter changes. Many of the residents like this form of government. The City does have a lot of business to work on 1 of 16 City of Saratoga Springs City Council Meeting Minutes Tuesday, December 5, 2006 including the water issue and that is where the focus needs to be – not on charter revision. On the Lillian’s parking lot, there are a number of downtown businesses that support this proposal. A workshop will be scheduled to review the proposal from Sonny Bonacio. Commissioner John Franck said he had not met with any of the federal or state officials mentioned on the mailing matter. As the City Clerk, it is his responsibility to ensure that taxpayers do not pay for inappropriate purchases. As for the assessment issue, his staff is reviewing commercial properties and the remaining assessments have been frozen. Commissioner Ron Kim said he did not want residents to leave this meeting with the impression that the City is not in compliance with the existing charter. His department has fully complied with the emergency response plans. He pointed out, though, that not all details of the plans are public information. He ensured residents that the emergency response plans have been completed. Commissioner Thomas McTygue agreed that residents should not be left with the impression that departments have not complied with the charter requirements. His department has fully complied. There being no one else wishing to speak, Mayor Valerie Keehn closed the public comment period. PRESENTATIONS Waterfront Committee Gerry Mcgoolaghan and Jim Martinez, members of the Waterfront Committee, presented the committee’s recommendations on the waterfront property. Gerry Mcgoolaghan said that they all appreciated the opportunity to serve on this committee and thanked those members. He reviewed the next steps including the progress to date, recommendations on the site, and recommendations on the structures, possible revenue streams and timelines. Principals of development: To provide access for use and enjoyment of the lake. The park should compliment not duplicate other city parks. The park should be in harmony with the natural setting and focus should be on lake access, picnicking, swimming, etc. Buildings: There were a number of dilapidated structures that were removed. He thanked DPW Where we are going: Jim Martinez developed architectural plans for the parcel. There are three levels to this site. The top level has been cleaned and is no longer an eyesore. It can accommodate up to 80 vehicles. They recommend benches be installed and the trailhead to the lake will start there. There is one building that needs to be renovated or replaced. There should be paving/landscaping of the parking area, security lighting, fencing, bike racks and trash receptacles. At the mid-level, it could be used as a picnic area with grilling facilities and an additional viewing area. At the mid level, there needs to be final clearing, grading, landscaping, trail design, lighting and a picnic shelter. At the bottom level there will be swimming, wading, a non-motorized boat drop off and fishing. There will be handicapped parking, bathhouse/changing facilities and a restaurant/snack bar. There needs to be some removal of underwater debris, construct a new sea wall, remove a portion of the parking lot, landscaping, fencing, completion of the trail and furnishings. There is an old restaurant building that the City needs to determine if it wants to renovate or remove. Possible revenue streams include: daily user fees, rowboat rental, concession fees, snack bar concession, picnic area rental, parking fees for regattas, start/finish areas for marathons and winter boat storage fees. Their timeline for site clearing completion, lakefront access road repair, public design forums and complete final design included engineering, city approvals and permitting should be done by the end of 2007. In 2008 they anticipate full construction to be underway, completion of the parking lot, trails security building, sand beach, waters edge cleanup and debris removal and renovation/replacement of the restaurant and possible canoe rental. In 2009, they anticipate complete renovation/replacement of the restaurant and the addition of docks. 2 of 16 City of Saratoga Springs City Council Meeting Minutes Tuesday, December 5, 2006 Mayor Valerie Keehn thanked Gerry Magoolaghan for the presentation. She asked what the use would be before 2008. Gerry Magoolaghan said that in 2007 they anticipated picnicking and sight seeing, but probably not swimming. Commissioner Thomas McTygue said funding needed to be earmarked before some of the work can be done. He requested that Commissioner Matthew McCabe set a workshop on this matter so that funding could be discussed. Commissioner Matthew McCabe said there is $200,000 included in the budget for waterfront development and there is some open space bond fund money. He said he would begin working on this matter. Mayor Valerie Keehn asked that Committee members be available to discuss funding for the activities as the waterfront park. Jim Martinez, said that one of the most striking features of this location was the three different levels. He thanked DPW for all of their help on this committee. Johnson Controls Bill McTygue said several months ago the Council authorized a comprehensive energy audit. Chris Kalawara presented those findings. This project is an ambitious and meaningful energy savings program which is also good for the environment. Chris Kalawara said they have spent the last seven months on energy savings matters with the City. He thanked all of the departments for their cooperation. Summary: install building infrastructure improvements totaling $1.389 million; annual savings total $101,947, firm fixed price and environmental benefits. City’s objectives: reduce energy costs, reduce operating and maintenance costs and self funding (paid from savings). Performance contracting: implement facility improvements without impacting capital budget, finance project without impacting borrowing, guaranteed savings, design/build, single source of responsibility, no changer orders and enabled by NYS Energy Law Article. Project scope: lighting retrofit, boiler controllers, weatherization improvements, chiller replacement, energy management system, power conditioning, boiler controllers, IR control of ice temperature, replace air conditioning units, temperature controls, pipe insulation, steam trap replacement and ending machine controllers. Each particular building within the survey requires some of the above noted items. Project cash flow: They made a number of assumptions such as financing over 15 years, 4 percent interest rate and that the City would take advantage of the interest rate buy down that NYSERDA offers. They assumed $1 million over 10 years. With all of the assumptions, they developed a blended interest rate of 2 percent. They also assumed a 3 percent energy escalation rate. The estimated savings over 15 years is $106,450 with $1.4 million of equipment improvements. Environmental benefits: The environmental savings are equal to 610,000 kwh and 2,900 natural gas (MCF). Carbon dioxide, sulphur dioxide and nitrogen oxide levels would be reduced considerably. The environmental savings are equal to planting 593,379 trees, 9,301 acres of forest, 29,451,594 miles driven by cars and it could power more than 1,407 homes. Project schedule: The detailed design would be completed with 4 to 6 weeks. The project could begin in January 2007. Actual project construction could begin in mid-February and savings would been seen shortly thereafter. NYRSERDA Incentives: There is technical assistance in the amount of $21,000, the City could borrow up to $1,000,000 over ten years at 4 percent interest rate buy down, and commercial/industrial performance program savings of $25,000. Next Step: finalize the performance contract agreement. 3 of 16 City of Saratoga Springs City Council Meeting Minutes Tuesday, December 5, 2006 Johnson Controls: Is a 120 year old company with $27 billion revenue, implemented more than 1,900 energy performance contracts with more than 2.3 billion in facility performance guarantees. It is rated 71 in Fortune top 500 companies and has implemented more than $70 million in performance projects in New York since 1997. Bill McTygue said there is a guaranteed savings with the contract and it is also designed to be self funded. DPW is recommending that the City undertake all of the work as outlined in their proposal. City Hall and the Water Treatment Plant are the largest users of energy in the City. This is a good project to bring down energy costs in the City as well as being more environmentally friendly. It makes sense to update the City’s equipment and technology through the guarantee and reduced energy. He asked that Council members review the material. They hoped to return to the next Council meeting for an approval to move forward on this project. He also pointed out that Johnson Controls will act at the clerk of the works on this project which is a huge benefit for the City. Commissioner Matthew McCabe asked if these energy savings programs are available on new construction. Chris Kalawara said they do have programs for new construction, however, they operate slightly different from the existing buildings. Once plans are developed for a new building they will evaluate them for more energy savings opportunities, install additional energy savings equipment and then determine the savings to offset the cost of the equipment. Council members thanked Chris Kalawara for his presentation. CONSENT AGENDA Commissioner Ron Kim moved and Commissioner John Franck seconded to approve the consent agenda as follows: 1. Minutes: November 16 & 21, 2006 2. Award of Bid – Snowplows 3. Payrolls: November 22, 2006 - $389,634 and December 1, 2006 - $363,738.79 4. Warrants: Mid MC3NOV06 $ 12,600.00 Mid MC4NOV06 $123,688.50 General DEC06 $646,089.89 5. Budget Transfers – Payroll (Attachment A) 6. Budget Transfers – Social Security (Attachment B) 7. Budget Transfers – Hospitalization and Employee Opt Outs (Attachment C) 8. Budget Transfers – Liability Insurance (Attachment D) 9. Budget Transfers – Regular (Attachment E) 10. Budget Amendments (Attachment F) 11. Budget Transfers – Retirement (Attachment G) Ayes all. MAYOR’S DEPARTMENT Community Development Citizens Advisory Board – Appointments Mayor Valerie Keehn announced the reappointment of Bob Cleary and Nedia Stimpfle with expiration dates of June 30, 2008, to the Community Development Citizens Advisory Board. She also announced the appointment of Maxine Washington to replace Jean Fei. She thanked Jean Fei for her years of service. Maxine Washington has lived in the City for 26 years, has spent countless hours volunteering for various agencies and will be an asset to this board. Recreation Commission – Appointment Mayor Valerie Keehn thanked Beau Kilmer and Brien Hollowood for their years of service on the Recreation Commission. She said it was her understanding that Beau Kilmer would be appointed to another Recreation 4 of 16 City of Saratoga Springs City Council Meeting Minutes Tuesday, December 5, 2006 Committee later this evening on the Finance agenda. She knew that Beau Kilmer was committed to seeing the indoor recreation facility coming to fruition and said he would be a great asset to that newly formed committee. Mayor Valerie Keehn then announced the appointment of David Spingarn with an expiration date of June 21, 2013, to the Recreation Commission. He has been a member of the community for 15 years, coached soccer, been involved in Miss Softball and is an avid bicyclist. Commissioner Thomas McTygue said he understood that it was the Mayor’s prerogative to appoint members to this commission, however, the Mayor was replacing senior members with a lot of knowledge in recreation at a critical time. He was concerned that the new members would not have the expertise and historical knowledge to carry the Commission through development and construction of this facility. He said it was disappointing for his department to see this expertise being let go. Mayor Valerie Keehn said she appreciated Commissioner Thomas McTygue’s comments, however, Beau Kilmer would be placed on another recreation committee this evening. She agreed that Beau Kilmer had been a great asset, however, there were other members such as Derek Legall and Bob Spratt who would assist in a smooth transition. The Recreation Commission will be well represented with people who want to do good for the City. Ethics Board – Appointment Mayor Valerie Keehn announced that Al Serling would step down from the Ethics Board as of December 31, 2006. She then announced the appointment of Michael Arnush to the Ethics Board. He has lived in the community since 1989 and is a professor at Skidmore. He was instrumental in the recent hosting of the debate on the charter held at Skidmore. Civil Service Commission Appointment (06-197) Mayor Valerie Keehn announced that she would like to replace Carol Catone on the Civil Service Commission. She said Carol Catone had served on the Commission for 20 years and she appreciated her years of service. She noted, however, that there were many people in the community who are interested in serving on committees and it was time to make those opportunities available. Mayor Valerie Keehn moved and Commissioner Ron Kim seconded to appoint Robert Mains to the Civil Service Commission. Mayor Valerie Keehn said that he has lived in the City since 1980, graduated from Yale University with honors and received an MBA from RPI. Commissioner John Franck said Carol Catone, with her 20 years of service to the Civil Service Commission, set the standard for others to follow. She oversaw the development of monthly meetings, championed open communications, assisted in the development of the policy/procedure manual, established routine examination schedules and decreased the provisional appointments. He had known Carol Catone since he was a small child playing ball on the recreation fields. She frequently purchased his icy from Mr. Grasso. He believed that Carol Catone should remain on this Commission. Mayor Valerie Keehn agreed that Carol Catone paved the way for commission members, but 20 years on a committee was a long time. There are many people in the community who want to serve and now was the time to do so. The City needs new people, fresh ideas and Robert Mains will do a good job. Ayes : three (Commissioners Matthew McCabe and Ron Kim and Mayor Valerie Keehn); Nays: two (Commissioners Thomas McTygue and John Franck). Motion carried. Zoning Amendment Petition(06-198) Mayor Valerie Keehn said the City has received a petition from Wendy Hopkins for a zoning map amendment to change the classification of a portion of her 1.4 acre lot at 37 Nelson Avenue. Her property is currently in two zoning districts – Tourist Related Business and Institutional Horse Track Related. She wants to change the zoning so the eastern portion of her property is zoned Urban Residential-3 and the western portion Institutional 5 of 16 City of Saratoga Springs City Council Meeting Minutes Tuesday, December 5, 2006 Horse Track Related. The City Council needs to decide if it wants to accept the petition for study and forward it to the City Planning Board for the required advisory opinion. Therefore, Mayor Valerie Keehn moved and Commissioner John Franck seconded to accept the petition for study and to send it to the City Planning Board for an advisory opinion. Commissioner Ron Kim said these zoning amendment petitions should be addressed through the comprehensive committee and the Planning Board. He was reluctant to approve any more of these requests without information from those boards. Mayor Valerie Keehn said one of her main goals is to charge the comprehensive plan committee to review these types of zoning amendment requests. Perhaps some of these requests should be put on hold until the comprehensive plan committee is able to review them. Ayes all. Eureka Avenue Easement for Niagara Mohawk (06-199) Mayor Valerie Keehn moved and Commissioner Ron Kim seconded to approve the easement between the City and Niagara Mohawk for the easement on Eureka Avenue as presented. Commissioner Matthew McCabe said that he would support this easement; however, he believed that a more thorough review of these easements should be done by the City. He said that the text for this easement came from Niagara Mohawk and perhaps they were requesting a bit too much. He was concerned with the rightsthat the City was giving up. Mayor Valerie Keehn said the City would be mindful of that with future easements. Ayes all. Adirondack Trust Easement for Niagara Mohawk (06-200) Mayor Valerie Keehn moved and Commissioner John Franck second ed to approve the easement between the City and Niagara Mohawk for the Adirondack Trust Company/ Church Street area. Mayor Valerie Keehn said this easement request was similar to the previous easement. Ayes all. Marriage Officer Resolution (06-201) Mayor Valerie Keehn moved and Commissioner John Franck seconded to adopt the following resolution: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA SPRINGS, NEW YORK WHEREAS, Section 11-C of the Domestic Relations Law of the State of New York provides that the governing body of any village, town or city may appoint one or more marriage officers who shall have the authority to solemnize a marriage in accordance with other provisions of law; and WHEREAS, James P. McCarthy, Ph.D, being over 18 years of age, has requested the Council to duly appoint him a marriage officer for one week, that week being July 8, 2007 through July 15, 2007, for the purpose of performing a marriage between his niece, Anna Porteus and her finance, Eric Gravely, in accordance with the applicable provisions of law; NOW BE IT RESOLVED as follows: 1. That this Council hereby appoints James P. McCarthy, Ph. D., to be a marriage officer as provided in Section 11-C of the New York State Domestic Relations Law. 2. That the term of the appointment shall be for one week, that week being July 7, 2007, through July 10, 2007, and for the purpose of solemnizing one marriage, specifically, the marriage between Anna Porteus and Eric Gravely. 3. That the appointee shall receive no salary, wage or compensation of any kind from the City of Saratoga Springs, New York. 6 of 16 City of Saratoga Springs City Council Meeting Minutes Tuesday, December 5, 2006 Ayes all. ACCOUNTS DEPARTMENT Varano Zoning Amendment (06-198) Commissioner Jon Franck noted that he had previously, on two occasions, read this matter into the record. He asked Geoff Bornemann for a brief review. Geoff Bornemann, City Planner said this property is located on the south side of Crescent Avenue. They are requesting zoning amendment from 2 acres to 1/2 acre lots. There is a PUD nearby that is currently zoned at 1/4 acre lots. Most of the lots within the zoning request are already substandard in size. They cannot meet the side yard setbacks. There have been four applications in recent years in this area for variances. The most that could be gained through this rezoning is the subdivision of two lots creating two additional lots. He noted that the Planning Board recognized that the request was consistent with the Comprehensive Plan. Commissioner Thomas McTygue said there is no opposition from neighbors. Commissioner John Franck said that Wilma Koss expressed concern at the last meeting, but upon further discussion, she was satisfied. Therefore, Commissioner John Franck moved and Commissioner Thomas McTygue seconded to issue a negative SEQR determination and to amend the zoning classification from Rural Residential-1 to Suburban Residential-2. Commissioner Ron Kim said he was torn on this matter. Generally the local government should not get in the way of a homeowner when developing his/her parcel, unless there was a strong reason to do so. To delay this case to allow further review in this area was not detrimental to this applicant. There is a question of hooking into the county sewer system in this area and there are ramifications of the smaller homes being torn down and larger homes replacing them. There is a concern with no clear sewer access and the possibility of leach fields failing. He would not support the zoning request. Mayor Valerie Keehn said the Planning Board has suggested that the City consider a moratorium on construction/sewer hook ups in this area. She noted though that County has indicated that they may consider allowing hook ups to the sewer system on a case by case basis. She agreed that the comprehensive plan committee should look at this area of the city. She hoped that they would complete some of their work within the next six months and perhaps they could look at this area first. Steven Conway, fiancé to Lisa Varano, said this application is about one house, not a massive subdivision. The Council is being overcautious. He noted that the applicant has done everything the City has requested. He noted that although the ZBA said they would not deny her application based on architectural reasons, they did so. They have reduced the size of the house from 4,000 square feet to 2,000 square feet and in the end the ZBA said they did not believe that it would fit into the neighborhood. He said 7 of the 11 properties in this area are not conforming and if this application is approved, they would be. Two of the lots would not conform regardless of what the Council does. If this application is approved there is the possibility that two lots could be subdivided which would allow for two new homes. Mayor Valerie Keehn said there is the possibility that the existing homes could be torn down and replaced by larger homes. Steven Conway said these are 1/2 acre lots. Commissioner Thomas McTygue said the applicant should be allowed to move forward. The Planning Board issued a favorable advisory opinion. He said just because the vote was 4-3 was not reason for the Council to deny the request. The applicant could hook into the county sewer system with the County’s approval. Commissioner John Frank pointed out that it is consistent with the City’s Comprehensive Plan and the applicant has followed all of the rules as set forth by the City. To all of a sudden not approve this because the Planning Board did not have a unanimous voted was not rational. The Council was overreaching. This request fits within the City’s guidelines and the Council should approve it. Commissioner Matthew McCabe asked if the applicant could build on the lot now. Steven Conway said the lot is 100 feet wide and it requires a 50 foot side yard setback, which makes it nearly impossible to construct a 7 of 16 City of Saratoga Springs City Council Meeting Minutes Tuesday, December 5, 2006 home. Nothing will fit without a variance or a zoning amendment. Commissioner Matthew McCabe said while he was concerned with the sewer issues, he would support this proposal. He was not in favor of demolishing the existing small homes to replace them with large homes. He offered a friendly amendment to make the motion contingent upon the applicant obtaining permission from the county to tie into the County sewer system. He said though this application was consistent with the comprehensive plan. Commissioner John Franck asked if the applicant could install a septic system. Geoff Bornemann said yes, if they meet the perc tests. He said the Planning Board has urged the Council to prohibit additional septic systems and require applicants to tie into the County sewer system. He said the County has said that they may consider allowing single homes to tie into the system. Commissioner John Franck said he was not receptive to a friendly amendment. If the Council wants a moratorium on construction in this area, then they should address it at the next meeting. Geoff Bornemann said contract zoning was questionable. Tony Izzo said contract zoning can be acceptable in some circumstances; however, when conditions are added, it can be cause for alarm. Commissioner John Franck said this application is for a single home. While it is the Planning Board’s intent that no one receives any approvals in this area of the City, there is nothing in effect at this time. Ayes: three (Commissioner John Franck, Matthew McCabe and Thomas McTygue); Nays: two (Commissioner Ron Kim and Mayor Valerie Keehn). Motion carried. Award of RFP – Feasibility Study for Public Safety Center/EMS/Fire Station Upon the recommendation of the Department of Public Safety, Commissioner John Franck moved and Commissioner Ron Kim seconded to award the contract for the Public Safety Center/EMS/Fire Station to Labella Associates of Rochester in the amount of $30,000 (lowest acceptable respondent). Ayes all. Election Results Commissioner John Franck read into the record the results from the recent election: GOVERNOR/LT. GOVERNOR TOTAL NUMBER VOTES 11,374 FASO/VANDERHOEF 2,947 SPITZER/PATTERSON DEM 6,374 IND 663 CON 343 WOR 302 TOTAL 7, 682 MCCOURT/DUNCAN 121 CLIFTON/SILBERGER 54 MCMILLAN 13 DELUCA/O’SHAUGHNESSY 22 WRITE INS 1 BLANKS 534 COMPTROLLER TOTAL NUMBER OF VOTES 11,374 CALLAGHAN REP 4, 623 CON 505 TOTAL 5,128 HEVESI DEM 4,193 IND 344 WOR 213 TOTAL 4,750 WILLEBRAND 400 8 of 16 City of Saratoga Springs City Council Meeting Minutes Tuesday, December 5, 2006 CAIN 90 COTTON 25 WRITE INS 2 BLANKS 989 ATTORNEY GENERAL TOTAL NUMBER VOTES 11,374 PIRRO REP 3,579 IND 346 CON 306 TOTAL 4,231 CUOMO DEM 5,648 WOR 292 TOTAL 5,940 TREICHLER 248 GARVEY 80 KOPPEL 23 WRITE INS 1 BLANKS 851 US SENATOR TOTAL NUMBER VOTES 11,374 SPENCER REP 3,309 CON 346 TOTAL 3,655 CLINTON DEM 5,977 IND 481 WOR 282 TOTAL 6,740 HAWKINS 220 RUSSELL 65 VAN AUKEN 14 CALERO 20 WRITE INS 0 BLANKS 659 SCATTER 1 CONGRESSIONAL DISTRICT #20 TOTAL NUMBER VOTES 11,374 SWEENEY REP 3,720 IND 282 CON 294 TOTAL 4,296 GILLIBRAND DEM 6,128 WOR 430 TOTAL 6,558 WRITE INS 2 BLANKS 518 STATE SENATE 43RD TOTAL NUMBER VOTES 10,215 BRUNO REP 4,295 9 of 16 City of Saratoga Springs City Council Meeting Minutes Tuesday, December 5, 2006 IND 866 CON 319 TOTAL 5,480 WRITE INS 14 BLANKS 4,721 STATE SENATE 44TH TOTAL NUMBER VOTES 1,159 FARLEY REP 515 IND 50 CON 53 TOTAL 618 MCCARTHY 385 STARK 16 BLANK 140 110TH ASSEMBLY DISTRICT TOTAL NUMBER VOTES 11,374 TEDISCO REP 5,078 IND 668 CON 352 TOTAL 6,098 ELDENS DEM 3,924 WOR 305 TOTAL 4,229 WRITE INS 1 BLANKS 1,046 COUNTY CLERK TOTAL NUMBER VOTERS 11,374 MARCHIONE REP 4,834 IND 632 CON 350 TOTAL 5,816 BRETTHOLTZ 4,123 WRITE INS 1 BLANKS 1,434 COUNTY TREASURER TOTAL NUMBER VOTERS 11,374 PITCHARALLE REP 4,320 IND 446 CON 335 TOTAL 5,101 JENKINS DEM 4,571 WOR 321 TOTAL 4,892 BLANKS 1,391 CITY CHARTER TOTAL NUMBER VOTES 11,374 YES 3,615 NO 5,865 10 of 16 City of Saratoga Springs City Council Meeting Minutes Tuesday, December 5, 2006 BLANKS 1,894 Award of Bid – SCAC Roof Upon the recommendation of the Department of Public Works, Commissioner John Franck moved and Commissioner Ron Kim seconded to award the bid for the Saratoga County Arts Council Roof repairs to MidState Industries, Ltd., of Schenectady in the amount of $34,811 (lowest qualified bidder). This bid has been reviewed by the purchasing department and meets purchasing guidelines. The Risk & Safety Manager has reviewed the bid, however, the City Attorney has not. Also requested is a 20 percent contingency for latent conditions and miscellaneous unit price work beyond the based bid bringing the total award amount to $42,000. The funding is included in this year ’s capital budget. Ayes all. FINANCE DEPARTMENT Budget Transfers – City Center, Water and Sewer Fund Contingencies Commissioner Matthew McCabe moved and Commissioner John Franck seconded to approve the City Center and water and sewer fund contingency transfers as distributed. These are for year end adjustments . Amounts remaining in the contingency expense line for each fund are as follows: City Center fund: $9,343.64; Water Fund $83,449.80 and Sewer Fund $491,530.93 (Attachment H). Ayes all. Authorization for the Mayor to sign Health Care Contract Renewals (06-202) Commissioner Matthew McCabe moved and Mayor Valerie Keehn seconded to authorize the Mayor to sign the health care renewal contracts for 2007 as follows: Blue Shield of NENY – Community Blue, Traditional Blue 910, Empire Blue Cross and MVP Health Care, Inc., Ayes all. Bollam, Sheedy Torani & Co., Annual Audit Contract Commissioner Matthew McCabe moved and Commissioner John Franck seconded to authorize the Mayor to sign the Bollam Sheedy Torani & Company annual audit contracts as presented. The funds are included in the budget. It has been approved by the Risk & Safety Manager and the City Attorney. The 2007 contract is in the amount of $19,500. Ayes all. Tax Rate Approvals (06-203) Commissioner Matthew McCabe moved and Mayor Valerie Keehn seconded to approve the 2007 tax rates as follows: Debt service capital fund tax rate: 0.4081 General Fund Tax Rate: Inside 4.4576 Outside 4.5074 SAD Tax Rate 0.4704 Ayes all. State Grant for City Hall Generator (06-204) Commissioner Matthew McCabe moved and Commissioner John Franck seconded to authorize the Mayor to sign the contract with the state to receive funds from Assemblyman Jim Tedisco in the amount of $65,000 to purchase a generator for City Hall. Th ere is no match required. Ayes all. It was noted that bid specs are being prepared for the purchase of generators for City Hall and the Senior Center. State Grant for Start-Up Costs for Saratoga Emergency Assistance Directory (06-205) 11 of 16 City of Saratoga Springs City Council Meeting Minutes Tuesday, December 5, 2006 Commissioner Matthew McCabe moved and Commissioner John Franck seconded to authorize the Mayor to sign the contract with the state to receive funds for the Saratoga Emergency Assistance Directory (SEAD) program in the amount of $5,000. Th ere is no match required. Ayes all. It was noted that the Safety Committee will design the program to be used. This program will allow the City to quickly meet the needs of residents in an emergency. Reserve Accounts Commissioner Matthew McCabe said that thanks to Director of Finance Christine Gillmett-Brown, the reserve accounts have been redefined and reallocated with positive results. The City is now in compliance with the laws, has increased efficiencies and increased the percentage rates from 1 percent to 5.32 percent. Commissioner Thomas McTygue asked why the payroll account was being moved from one bank to another. Commissioner Matthew McCabe said his department recently did an RFP to solicit banks on what they could offer the City. NBT Bank was chosen because of the fees, local presence in the community and direct deposit capabilities. Recreation Facility Advisory Committee Commissioner Matthew McCabe announced the formation of a Recreation Facility Advisory Committee. This committee would be charged with preparing an RFP, reviewing the feasibility study, finalizing the location, looking at financial assistance, considering sustainable emergency systems, and reviewing public and private partnerships. He said the RFP would be completed with three to six months and awarded by September 2007. Commissioner Matthew McCabe announced the members on the committee: Rich Flaherty, chair, Beau Kilmer, John MacFadden, Larry Toole, Dan Cumliner, Ross Beckwith, Bill McTygue and Sherry Gray. He said he did not disagree with the Mayor’s right to appoint new people to boards, however, he wanted to be sure that the indoor recreation facility project moved ahead as expediently as possible Commissioner Thomas McTygue said the recommendations from the previous committees have been considered and accepted. He said to try to interject another location at this time was unreasonable. The location being proposed by Commissioner Matthew McCabe is in a floodplain. This is just another stall tactic and is a waste of time. Since the last presentation four months ago, the Council has done nothing. The City should already be in the design phase with the project. Construction should start in the spring of 2007 not 2008. The location of the facility was approved by the previous Council. Commissioner Matthew McCabe disagreed. He said the location he is looking at is directly adjacent to the ice rink. It is not his intention to stall the project. This Council has not formally selected a site. He said that Commissioner Thomas McTygue is not referring to the same location that he is referring to. He is still willing to use the 5.2 acre location if the site near the Vernon Ice Rink is not acceptable. Commissioner Thomas McTygue said the Council has been working on this matter for 6 or 7 years. It was clear to him that Commissioner Matthew McCabe has no intention of letting construction begin at this location. He said the location that Commissioner Matthew McCabe is looking at is the compost facility and that area takes on a lot of water during the rainy times. The Council has already selected a location and asked what was Commissioner Matthew McCabe’s reason for wanting it changed. He asked what has changed since the location was selected. Commissioner Matthew McCabe said that nothing has changed. He said the 5.2 acre location still needs to go through the process of a feasibility study. For the last three years, his office has placed money in the capital budget to fund this project. All of the locations need to be analyzed. The entire Weibel Avenue recreation area needs to be looked at under a “campus” like setting. Commissioner Thomas McTygue said this was simply a stall tactic. There were seasoned recreation commission members that have been replaced, now another committee and now another location is being proposed. The Council and committees have looked at site after site and the location has been chosen. 12 of 16 City of Saratoga Springs City Council Meeting Minutes Tuesday, December 5, 2006 Commissioner Matthew McCabe said if the 5.2 acre location is a better site, he would go with that. It was agreed nothing was going to be solved during this conversation this evening. DEPARTMENT OF PUBLIC WORKS Johnson Controls – Presentation Previously discussed. Official Street List (06-206) Commissioner Thomas McTygue said there are three roads that were never officially accepted by Council action, therefore, are not properly recorded as public roads at the county level. Therefore, Commissioner Thomas McTygue moved and Commissioner Ron Kim seconded that Chapter 201, Section 201-1, Official Street List entitled ‘Street Naming and Numbering ’ be amended to include the following roads as public streets: Longwood Drive from Roberts Lane to Lake Avenue, Gatewood Drive from Longwood Drive to Eureka Avenue and Stonewood Drive from Lakewood Drive to Longwood Drive. Ayes all. Also Commissioner Thomas McTygue moved and Commissioner Ron Kim seconded that the following: “That Chapter 201, Section 201-1, Official Street List, entitled ‘Street Naming and Numbering ’ be amendment to remove the following private road: Dyer Lane (Private). Ayes all. Barton & Loguidice Change Order Commissioner Thomas McTygue moved and Commissioner Ron Kim second ed to approve a change order to the contract with Barton & Loguidice for disinfection system improvements at the Water Treatment Plant. This change order is in the amount of $4,104 for extra engineering services not covered by the original contract. This change order represents less than 3 percent of the original contract. The money is in the capital budget for this change order. Ayes all. Blue Heron Construction Change Order Commissioner Thomas McTygue moved and Commissioner Ron Kim seconded to approve the change order #5 for Blue Heron Construction Company for the Water Treatment Plant Disinfection System in the amount of $2,357.85. This is for extra general construction and plumbing work not covered by the original contract. The money is in the capital budget for this change order. Ayes all. Purchase of City Property Commissioner Thomas McTygue said he was approached by Randy Martin requesting to purchase a strip of land owned by the City in the front of the Beneficial Finance building on Maple Avenue. The Real Estate Committee had not met in more than a year and asked if there was one in place. Mayor Valerie Keehn said the City Attorney has several items to present to the Real Estate Committee. Commissioner Thomas McTygue reviewed the timeline given to him concerning the parcel. He noted that in the fall of 2005 Randy Martin talked to the City Attorney and the City Engineer about purchasing this property. A survey was requested and completed in April 2006. Since that time, Randy Martin as spoken with or left messages with the City Attorney, Eileen Finneran, Tony Izzo and Nancy Woodworth, receiving varying degrees of information. Eileen Finneran said she would look into the matter, Nancy Woodworth said she did not believe there was a Real Estate Committee in place, Tony Izzo said the Real Estate Committee had not been 13 of 16 City of Saratoga Springs City Council Meeting Minutes Tuesday, December 5, 2006 appointed, Michael Englert said he would refer it to the Real Estate Committee and also requested an appraisal. It is time to forward this request to the Real Estate Committee to see if there is any interest on the City’s part in selling the parcel. Michael Englert said he has had several conversations with Randy Martin. He suggested to Randy Martin that the value of the property would be useful for the Real Estate Committee, therefore, Randy Martin had an appraisal completed. Commissioner Thomas McTygue said the City has caused a lot of unnecessary expense and time delay for Randy Martin when the City is not even sure if it wants to sell the parcel. He said it should have first gone to the Committee to make that determination. He asked that the Mayor call the Real Estate Committee together to review this matter and any others. The request must come into his department and then will be forwarded to the Mayor for that meeting. Michael Englert said that he already had the request in his office. Mayor Valerie Keehn agreed to call the committee together next week. Sand Delivery to Residents Commissioner Thomas McTygue announced that effective today and for the rest of this week, the DPW crews will deliver road sand for use on icy sidewalks. Residents are requested to place containers between the curb and sidewalks close to the curb. Redevelopment of Lillian’s Parking Lot Commissioner Thomas McTygue said the City sent out nearly 30 notices to companies that might have been interested in this project. Six companies picked up the packet and one submitted a proposal – Bonacio Construction. He asked the Mayor set up a workshop to review this proposal. DEPARTMENT OF PUBLIC SAFETY Set Public Hearing on Installation of All Way Stop Signs at York and Pinewood Avenues Commissioner Ron Kim requested that a public hearing be set for December 19 at 6:45 p.m. on the installation of an all way stop signs at York and Pinewood Avenues. Set Public Hearing – Apartment Inspection Law Commissioner Ron Kim requested that a public hearing be set for December 19 at 6:30 p.m. on the Apartment Inspection Law. Commissioner John Franck questioned setting this public hearing without having information before the Council. Deputy Commissioner Michele Boxley said there are currently no laws on the books on this matter and it should be given to the Council for review before setting a public hearing. Deputy Commissioner Frank Dudla said he had recently met with the state officials and he was informed that the City must adopt the law in its entirety with no changes. Commissioner Ron Kim said this is another unfunded mandate, however, they will propose some fees to cover this expense. Because there were questions, Commissioner Ron Kim withdrew his request to set a public hearing. MOU to PBA Contract – On Call Pay for Police Investigators (06-207) Commissioner Ron Kim moved and Commissioner Matthew McCabe seconded to authorize the Mayor to sign the Memorandum of Understanding between the City and the PBA concerning the investigator stand by pay. The effective date of this memorandum is January 1, 2006. It was noted that this was a change to clear up some ambiguity in the language and simply allocates the funds in a prorated manner. Ayes all. Increase Code Enforcement Officers from 33 to 40 hours per week (06-208) 14 of 16 City of Saratoga Springs City Council Meeting Minutes Tuesday, December 5, 2006 Commissioner Ron Kim moved and Commissioner Matthew McCabe seconded to increase the hours for the Code Enforcement Officers from 33 to 40 with the corresponding increase in salary as follows: Kevin Veitch to grade 15 step 10 and Dan Cogan to Grade 15 step 6, effective January 1, 2007. Commissioner Matthew McCabe asked if the positions description would reflect the new duties and that any shortfalls were to be covered in his department. Commissioner Ron Kim said the duties have been added and the shortfalls would be made up in his department. Ayes all. Exemplary Performance of Officer Glenn Barrett Commissioner Ron Kim recognized Officer Glenn Barrett for his superior performance on resuscitating an unconscious individual on a recent call. NIMS Training Commissioner Ron Kim announced the schedule for NIMS training as follows: December 11 5o 14 at the High School. Staff should call Barbara Herman to sign up for these courses. If staff is interested, they could the training at home by going on line to www.training.fema.gov. The City needs to become compliant with this training. SUPERVISORS Cheryl Keyrouze NYS Horse Park Committee: Cheryl Keyrouze announced support from the Director of the Steeple Chase Association for a horse park in Saratoga Springs. Saratoga County Budget and Fiscal Responsibility: Cheryl Keyrouze announced that assessments on new construction went up 22 percent at the County level and there was only an 8 percent cut in property taxes. The County has the lowest tax rate in the state, but it could probably be lower. She did not support that resolution. She also noted that the County reviewed five RFPs on the fiscal advisor for the water project. The County proposes to spend nearly $80,000 for the fiscal advisor when there are no customers or revenue for this project. She found that interesting. She also did not support that motion. Presentation Dates at Saratoga Springs Library – Storm Water Management and American Red Cross: Cheryl Keyrouze reported that the would be a meeting at the library on January 24, at 7:00 p.m. with Lou Niles making a presentation on the storm water management and another meeting on January 28 on emergency preparedness. Hazardous Waste Presentation: Cheryl Keyrouze is attempting to have the County review hazardous waste as a regional matter and there will be a presentation soon by Richard Morse, Executive Director for NYS Assembly Legislative Commission on Solid Waste Management, Toxic Substances and Hazardous Wastes, and Water Resource Needs of NYS and Long Island. Route 50 Meeting Update: Cheryl Keyrouze said she had no updates at this time on the Route 50 matter. Saratoga County Transportation Committee: Geoff Bornemann will make a presentation to the Saratoga County Transportation Committee on December 14 at 7:00 p.m. Joanne Yepsen County Update: Joanne Yepsen reported that she had been working hard on Open Government and Open Space at the County level. Both of these matters are to be funded in the County budget. Saratoga County 2007 Budget: Joanne Yepsen reported that there were ten new positions included in the County’s budget including a new deputy hired to work with sex offenders. She noted that as a member of the Saratoga Gaming and Raceway Foundation Board, they are reviewing more than 58 applications for grant 15 of 16 City of Saratoga Springs City Council Meeting Minutes Tuesday, December 5, 2006 funding totaling between $35,000 and $40,000. Last year there were only 18 applications. The recipients will be announced at the December 19 Board of Supervisors meeting. Athletic Banquet: Joanne Yepsen said she heard many good things about the recent athletics banquet and she thanked the Council and Commissioner Thomas McTygue for all of their work. PUBLIC COMMENT PERIOD Mayor Valerie Keehn opened the second public comment period. James Palma, 38 Hampshire Way, Schenectady, said he recently contacted Michael Englert on the possibility of purchasing a piece of land from the City. He hoped that item would be addressed at the Real Estate Committee meeting. Commissioner Thomas McTygue suggested that he write a letter to him and then he would forward the request onto the Mayor’s office. Mayor Valerie Keehn said the City Attorney already had the request. The parcel of land is a vacant parcel near the Legend’s Café on Congress Street. Commissioner Thomas McTygue said he did not believe the City would sell that parcel because it provided access to the Gideon Putnam Cemetery. Julie McPhillips thanked Commissioner Thomas McTygue and City staff for the athletics banquet. She said it as a great reunion and hoped that it would be done frequently. Commissioner Thomas McTygue said it was a great event, however, it would not be done annually. Julie McPhillips said she hoped the recreational facility would not be stalled. She agreed with Commissioner Thomas McTygue it was a waste of City time and money to review the locations again. She said locating the facility next to the compost pile was not a good idea. Mark Lawton said the Council needs to review sections 3.5 through 3.8 of the charter relating to economic development. There being no one else wishing to speak, Mayor Valerie Keehn closed the second public comment period. ADJOURMENT Mayor Valerie Keehn moved and Commissioner Ron Kim seconded to adjourn the meeting at 10:10 p.m. Ayes all. There being no further business, Mayor Valerie adjourned the meeting at 10:10 p.m. Respectfully submitted, Kathy Moran Clerk Approved: 16 of 16