City Council

City of Saratoga Springs City Council Meeting Minutes Tuesday, February 6, 2007 CITY OF SARATOGA SPRINGS CITY COUNCIL MEETING CITY COUNCIL ROOM TUESDAY, FEBRUARY 6, 2007 6:50 P.M. PRESENT : Valerie Keehn, Mayor Commissioner John Franck, Accounts Commissioner Ron Kim, DPS Commissioner Matthew McCabe, Finance Commissioner Thomas McTygue, DPW SUPERVISORS : Cheryl Keyrouze Joanne Yepsen STAFF PRESENT : Lynn Bachner, Deputy Commissioner, Finance Michele Boxley, Deputy Commissioner, Accounts Patrick Design, Deputy Commissioner, DPW Frank Dudla, Deputy Commissioner, DPS Eileen Finneran, Deputy Mayor Michael Englert, City Attorney Tony Izzo, Assistant City Attorney CALL TO ORDER Mayor Valerie Keehn called the meeting to order at 6:50 p.m. EXECUTIVE SESSION Levinsky Litigation Council members adjourned to executive session at 6:50 p.m. to discuss the Levinsky litigation. Council members returned at 7:00 p.m. 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, commended the Council for taking a stand against the possible tax give breaks by the IDA to the beer distributor. He said this needs to be scrutinized. He will attend the February 14 meeting. The recent sale of the Stonerside Stable at $17 million, which was three times the assessed value, needs to be looked at. The property should be reassessed to the full sale price. He commended Commissioner Matthew McCabe for suggesting to look at the costs of the indoor recreation facility and how to limit those costs. The City also needs to protect the VLT revenues. Jim Lambalot, 6 Joseph Street, said the City did a full reassessment in the 1990s. He said that he had been reading the recent press on whether a full revaluation is necessary. Some have the opinion that it is not necessary. He said Commissioner John Franck recently stated that he did not want the taxpayers paying more than their fair share and by going to 100 percent that could happened. He disagreed by saying that if we were at 100 percent it wouldn’t cost taxpayers more because they would be paying their fair share. He said he did not want to leave it to the state to determine, through the equalization rate, what we pay. The Council needs to maintain a fair tax roll. 1 of 15 City of Saratoga Springs City Council Meeting Minutes Tuesday, February 6, 2007 Nancy Wagner, 17 Sherri Road, said a number of the neighbors in this area feel strongly that the Gick Road parcel should be rezoned to office/medical. Office/medical is more suitable to the existing neighborhood. Condos/townhouses are not conducive to the parcel because of the existing arterial and storage unit facility. She suggested that Council members drive over to Excelsior Park to take a look at what is happening there. She said she did not want to see her neighborhood end up like Excelsior Park. David Bronner, 5 Royal Henley Court, said there has been some recent discussion on the length of term of the land use boards and the amount of members on those boards. He said it was a bad idea to change the length and/or the amount of members. He has been identified as a person who makes attacks during Council meetings. That is not so. He has not personally attacked anyone, however, as a result of his comments he has been labeled at a harasser, stalker, nuisance, etc. He said those are personal attacks. If anyone on the Council could point out where he has attacked anyone he would apologize. Marian Alteri, 17 York Avenue, said she was concerned about the possible loss of VLT revenue and the impact it would have on the City. She said it would have greater implications for the organization that is selected to run the horse track in that they might consider casinos. She said she was also concerned with the recent press coverage on the doping of horses at the harness track and said issues such as that need to be addressed by Saratogians. Kyle York, 59 Railroad Place, said the pledge of civility should be observed by both the Council and the public. He said participants should speak with passion and sometimes outrage. He said though that the public needs to be willing to put their name on something when speaking out. The anonymous statements in the newspaper do not help. Kevin Serman, Sherri Road, said he wanted to see this area zoned for something compatible to what is already existing in this area. He said there is already a lot of traffic in this area. The members of the City’s boards need to take a drive out to this area. Remigia Foy, Westside Neighborhood Association, said when the City discusses constructing a weigh station on Union Avenue, she hoped they would not forget the west side of the City, especially the Route 29/Washington Street area. She said the City should take a lesson from the Village of Round Lake on getting a bypass constructed. The construction and completion of that proposed bypass is expected by 2009. She hoped there would be some real movement by the Council on a bypass. Robert Cleary, 127 Van Dam Street, said he was concerned with the truck traffic and moving it from neighborhood to neighborhood. He said Van Dam Street gets the brunt of truck traffic and has more than 30,000 vehicles per day which is above capacity. There needs to be some alternate route. This is not just a City problem; it is becoming a problem for Greenfield, Wilton and Ballston Spa as well. He then showed pictures of triple tractor trailers. He said the trucking industry has a tremendous impact on neighborhoods and asked that the Council not let the trucks control their quality of life. Camille Daniels, Van Dam Street, asked that Council members remember that Van Dam Street is a gateway to the City and traffic should be mitigated along that street. She said the construction of a weigh station along Union Avenue should be part of the discussion that the comprehensive plan committee might have. Commissioner Ron Kim said he would address the weigh station later; however, there is no plan to construct a weigh station along Union Avenue. Mark Lawton, CCIC, said the Mayor recently delivered the state of the City address as required by the charter. Other things required by the charter are the annual report from the Recreation Commission, Public Safety and Public Works Departments. The Finance Department is required to conduct an independent audit. The City attorney is required to report on the progress of all legal matters. The public needs to be aware of these requirements. Commissioner John Franck said New York State has a welcome stranger law which prevents the City from reassessing property based on the selling price, however, he said due to the uniqueness of the Stonerside Stable property, he was going to look at that parcel. He said he would not raise assessments this year. Residents should notice on their tax bills from February 2007 that the value of their home is based on July 1, 2 of 15 City of Saratoga Springs City Council Meeting Minutes Tuesday, February 6, 2007 2005 – that is known at the lagging indicator. The City has done revaluations in 1998, 2003 and 2004 and taxes went up considerably each time. He reminded everyone that it is not the City’s taxes that are high but rather it is the school taxes. He explained that with the equalization rate there could be up to a 5 percent difference from the value. With a full assessment that would reflect the value of 100 percent. He said he would rather err on the side of residents paying less than their full share. Equalization rate and full assessment rates are not the same. He also said that revaluations do not come cheaply. The City has paid more than 1/2 million dollars for revaluations while gaining only $5 per parcel from the state. The City cannot keep up with reassessing the 10,000 parcels with the size staff that it has. There are counties throughout the state where the assessed value is less than 6 percent. Rotterdam is just doing a revaluation, noting that the last one was done in 1930. Some towns/cities have adopted the six year cycle but not many. The town of Wilton is on a three year cycle. He said if the last revaluation that CLT did was so good then why was the Stonerside Stable parcel valued at $6 million and then sold for $17 million. He said former Commissioner Stephen Towne did what he thought was right for the community, but he did not believe that raising assessments this year was right for the community. There are a number of high end homes remaining on the market longer than they have been. There being no one else wishing to speak, Mayor Valerie Keehn closed the public comment period. PRESENTATION Workplace Violence Prevention Program (07-16) Marilyn Rivers, Risk & Safety Manager, said there is a new section to the state labor law which requires the City to develop a workplace violence prevention program. The program needs to be in effect before March of this year. The Safety Committee has worked with the departments in City Hall and she particularly noted that the expertise of the fire and police departments was helpful. This program sets the foundation for the future years. In this year’s capital budget there was funding included for ID badges and panic buttons. She also noted that bomb threat issues have been addressed. She said this program will continue to develop through work place assessment of each individual area. She said she would report to the Council on a regular basis. Commissioner John Franck moved and Commissioner Ron Kim seconded to adopt the workplace violence program as presented. Ayes all. Resolution Supporting Smart Growth America Letter (07-17) Carrie Woerner, Saratoga Springs Preservation Foundation, said that in 2006, the state legislature approved a state preservation tax credit. The tax credits are somewhat narrow though, i.e., 30 percent of the federal credit value rather than the qualified rehab costs, there is no ability to assign or transfer the commercial tax credits and the term “distressed areas” should be expanded. She said Saratoga Springs does not have any distressed areas, however, with an expanded definition, there would be areas that qualify. She said there are a variety of organizations that have done a letter to the Governor asking for an expansion of the program by increasing the commercial credit rate to 30 percent of the qualified rehab costs, remove the cap on the value of the commercial credit, allow the ability to assign or transfer the commercial tax credits and expand the distressed area definition. She asked that the Council consider signing this letter. Mayor Vale rie Keehn moved and Commissioner Ron Kim seconded the following resolution: Resolution authorizing the Mayor to sign on behalf of the City Council a letter to the Governor expanding the residential rehab tax credits WHEREAS , preservation of historic buildings and neighborhoods is public policy in the City of Saratoga Springs; and WHEREAS, the Sate Historic Rehabilitation Tax Credit of 2006 provides financial incentives to encourage reinvestment in distressed historic neighborhoods and commercial districts; and WHEREAS, expansion of the State Historic Rehabilitation Tax Credit by broadening the definition of distressed area to incorporate more residential neighborhoods would benefit the low and moderate income residents of Saratoga Springs 3 of 15 City of Saratoga Springs City Council Meeting Minutes Tuesday, February 6, 2007 BE IT RESOLVED, that the City Council of Saratoga Springs authorizes the Mayor to sign on to the Smart Growth America Coalition Letter urging Governor Spitzer to make the passage of a stronger, “best-practice ” State Historic Rehabilitation Tax Credit program a priority. Ayes all. FINANCE DEPARTMENT Saratoga Environmental Expo Kristine Bellino and Joseph Domino appeared before the Council on the Saratoga Environmental Expo. Kristine Bellino said the Saratoga Environmental Expo will be held in April at the City Center. The genesis of the event was from the Alternative Transportation Committee. She said she was a member of the Team Saratoga Marketing Committee. She thanked the members of that committee for joining this group to develop this expo. The Saratoga Environmental Expo is chaired by Joseph Domino. She said there is an obvious need to shift the way we look at global warming. The entire event will be powered by wind energy which is donated by Community Energy. The purpose of the expo is to showcase businesses that manufacture, sell, install or promote renewable or alternative energy. They will also spotlight organics such as food, clothing, and green consumables. The intent of the expo is to make green products more accessible to consumers and to educate the public on the benefits of going green. She thanked DPW for allowing signage along Broadway during this event. She said she hoped the City would recognize the event through a proclamation and some mention on the City’s web site. Funds raised from this event will be distributed to various organizations including the City’s recreation department. There are several major sponsors of this event. The City will host a wide variety of celebrities as guests during this event. She said they have a web site www.saratogaexpo.com and encouraged residents to visit the site. Joseph Domino said the response to this expo has been overwhelming. He encouraged everyone to visit their web site. There are many local businesses and national organizations that will participate. It is geared toward consumers. Skidmore College has gotten involved. There will be a VIP dinner, free to the public, to host the VIPs. He then showed the video from the web site. Kristine Bellino said there has been a lot of cross promotion with organizations throughout New York State reaching out to other organizations to participate. She said there will also be some tables available at the event for the City to promote Citywide programs. There was a concern expressed by an audience member on smells from fast food restaurants and asked that it be a topic of discussion among the members of this organization. Kristine Bellino said it would be a good topic for discussion. Council members thanked them for their presentation. DEPARTMENT OF PUBLIC SAFETY Yaddo Parking and Truck Inspections Commissioner Ron Kim said the whole conversation of the weigh station area was begun at the state level because they are looking at paving the area in front of Yaddo. Currently, motorists use this as an informal park and ride area. Paving the area would be a benefit to the community and would encourage park and ride use. If the area is paved it would also allow for truck inspections in this area of this city. The City has five major roads which converge into the City which increases truck traffic. There are a fair number of trucks that come to the City as their destination, however, there is also a good number that are simply passing through. DOT approached the City on paving the area and truck traffic enforcement was a byproduct of that conversation. There is no plan to build a structure at this location. For the last few years there has been a weigh station at the old gas station on Route 50 and Excelsior Avenue, however, because of new construction, that space is no longer available. The City does not need a permanent weigh station, all they need is a hard surface on which to place the equipment. Paving this area would clean up the unsightliness. This will not impact the character of the area. There are a fair number of trucks traveling along Union Avenue during the summer months. They have been doing truck enforcement in this area for seven years and no one has noticed. Other locations such as the old ice rink area are not appropriate because it cannot be paved. They are looking at other locations. 4 of 15 City of Saratoga Springs City Council Meeting Minutes Tuesday, February 6, 2007 The Yaddo location will be used for limited inspections. Homeland Security has recommended that there be a space near the track for truck inspections. His department is not establishing a new truck route. Trucks are allowed on Union Avenue. They are not generating any unnecessary truck traffic. They will not bring trucks from other parts of the City to this location for inspections. They also do truck inspections on Weibel Avenue. Again he said they do not intend to build any structure. They are looking at alternative locations. They use the SPAC parking lot and have been doing so for 15 years. They are doing what they can to make the roads safe for the residents. If the City was to declare no trucks on Broadway, under state and federal law, trucking companies could petition DOT on a hardship. Then the City loses control of its destiny. Commissioner Matthew McCabe asked how this would work with trucks coming and going in both directions along Union Avenue. He suggested that perhaps all trucks be directed to Exit 15 to the NYS DOT location and that inspections be done there. Commissioner Ron Kim said that possibility could be explored, however, the DOT location was not within City limits. He reminded everyone that regulation of trucks comes through strong enforcement and strict penalties. Commissioner Thomas McTygue said the NYSDOT location is within the City limits. He said the ice rink on Weibel Avenue is available during the summer months. Commissioner Ron Kim agreed but noted that there will be construction of the indoor recreation facility near that location and having trucks inspections there would probably not be appropriate. Mayor Valerie Keen asked when the work by DOT at the Yaddo location might be completed. Commissioner Ron Kim said they had no firm dates yet. At this point it was simply a matter of informing the public. Mayor Valerie Keehn invited Commissioner Ron Kim to discuss this matter with the Comprehensive Plan Committee. CONSENT AGENDA Mayor Valerie Keehn moved and Commissioner Ron Kim seconded to approve the consent agenda as follows: 1. Approval of Minutes: January 16, 2007 2. Commissioners of Deeds: Edward Moore, Patrick Arpei & Adam Baker 3. Award of Bid: City Center Authority Vehicle - Champion Buick-Pontiac-GMC, $21,557 Emergency Generators: Senior Citizen Center & Hathorn Sewage Pumping Station – Stilsing Electric - $83,000 (Item#1, Item #2, Alt. #2, Alt. #3 and $2,500 contingency) 4. Extension of Bid – Street Trees – Garden Time, under the same terms and conditions as in 2006 5. Approve payrolls: Payroll of 1/19/07 $437,372.05 Payroll of 1/26/07 $563,051.71 Payroll of 2/2/07 $408,334.74 6. Approve warrants: Mid MC4DEC06 $ 148,617.03 MC2JAN07 $ 423,707.63 MC5DEC06 $ 27,165.21 MC3JAN07 $ 54,955.14 MC1FEB07 $ 2,660.58 General 5DEC06 $ 196,262.38 1FEB07 $ 284,115.98 7. Approve Budget Transfers – Payroll (Attachment A) 8. Approve Budget Transfers – Regular (Attachment B) 9. Approve Budget Amendments (Attachment C) Ayes all. MAYOR’S DEPARTMENT Announcement Civility Pledge Mayor Valerie Keehn said that at the State of City Address on Sunday, she proposed that Council members take a pledge of civility. Today a memo was distributed to Council members asking them to sign and return the document at their earliest convenience. She then read the pledge as follows: “The undersigned members of 5 of 15 City of Saratoga Springs City Council Meeting Minutes Tuesday, February 6, 2007 the City Council of the City of Saratoga Springs do hereby pledge that we, your elected officials, will conduct ourselves professionally and with civility toward each other and toward the public at all times.” Commissioner John Franck said the Council has rules of conduct that were instituted by Mayor Michael Lenz and then modified in April 2006. There are rules about allowing the public to speak for two minutes during the public comment period. He said tonight is the first time that the Mayor has brought a timer to a meeting to enforce that limit. There are rules about addressing the Council as a whole and that rule is frequently broken. Speakers from the audience need to follow the rules and when they don’t the Mayor has the ability, through gaveling, to stop them. There are rules about over speaking one another, which is frequently ignored. He said the Mayor has a gavel and she needs to use it. He said there were rules about barring audience members when they do not follow the rules, however, that was removed from the rules of conduct. He said he would not sign the civility pledge. The Council currently has rules of conduct that Council members need to follow. Commissioner Thomas McTygue agreed with John Franck. He said that frequently there are heated debates at the table with emotional issues specifically noting past events such as the exit 14 matters. He said that all Council members are guilty of not following the rules. He reminded Mayor Valerie Keehn that in October 2005, she was a member of the audience that was gaveled by former Mayor Michael Lenz and she ignored the gaveling and continued to speak. He said he is often attacked by members of the audience and as a public official he must take it. However, when the members of the audience are insinuating that there is wrong doing by DPW employees, that is another matter. He said he would honor the rules of conduct and he expected the Mayor to run the meeting in an appropriate manner. He pointed out that many times, when a motion is made, Commissioner Matthew McCabe jumps in to debating the matter before there is a second. He said the Mayor needs to run the meetings. He also pointed out that there have been members of the public filming Council meetings to use that material during campaigns – he said that was unnecessary. He again said that all Council members are guilty of not following the rules. Council members are not students and do not get gold stars if they behave. Commissioner Ron Kim said he would sign the pledge. He said sometimes passion has been replaced with rudeness. The Council needs to debate the issues, but in a polite manner. It is good to have an aspiration and for that reason he would sign the pledge. He said if the public sees the Council acting in a responsible manner, then they too would act responsibly. Commissioner Matthew McCabe said he would sign the pledge and return it. He said there was nothing wrong in signing it and the Council should get along and move along. VLT Revenue Mayor Valerie Keehn said that last Thursday, there was a proposal by Governor Spitzer to redistribute the VLT money. Since that time she has spoken to the Governor’s Office in hopes of getting a meeting with the Governor or appropriate designee on this matter. She said the City worked hard to get a share of the VLT money. She said that none of that money has yet been received. Two letters have gone to the Governor’s Office on this matter. She has also spoken with Senator Bruno and Assemblyman Canestrari. She will continue to lobby legislators. The loss of the revenue has significant implications for the City. Again, she had requested a meeting with the Governor and would inform Council members when that would take place. Commissioner Matthew McCabe said the loss of this revenue would be a great blow to the City. This was not supposed to be a one time revenue source. The City needs to work with the Governor’s Office on this matter. His office will begin to develop an austerity budget for 2008. The City will receive VLT funds in 2007, so this year is safe. He would be sure that any excess funds received this year under this program would go towards property relief in 2008. An austerity budget would impact positions and programs. When he took office there was nearly a $3 million imbalance in the budget. The City is now nearly at the break even point. He hoped the VLT funding would be reinstated. Commissioner Thomas McTygue encouraged everyone to call the Governor’s Office and the legislators’ offices. Resolution Supporting Smart Growth America Letter Previously discussed. 6 of 15 City of Saratoga Springs City Council Meeting Minutes Tuesday, February 6, 2007 2007 Revised Recreation Fees (07-18) Mayor Valerie Keehn moved and Commissioner Matthew McCabe seconded to approve the recreation fees as follows: the second child for non-city school district resident is reduced to $50 for each child for biddy basketball, $40 for each additional child for spring soccer, $40 for each additional child for fall soccer and $40 for each additional child for spring lacrosse. It was noted this would not impact the revenues as it was just a correction of an error in previously budgeted amounts. Ayes all. Hourly Increase for Per Diem Secretary to the Planning, Zoning and Design Review Boards (07-19) Mayor Valerie Keehn said this was a proposal to increase the per diem salary of the secretary for the land use boards. Nicole Wells is a highly skilled individual who serves these three boards. They are looking to increase the hourly salary from $16 to $20. Brad Birge noted that this individual stays late into the evenings and transcribes the material. This is approximately a $3,000 increase and the money is available within the current lines in the budget. Mayor Valerie Keen moved and Commissioner Ron Kim seconded to approve the increase of the per diem salary from $16 to $20/hour effective today, February 6. Commissioner Matthew McCabe said he had some concern that this was not a per diem position and asked for an interpretation from the City Attorney. Michael Englert said General City Law Section 25 provides that the City cannot increase salaries for officers/employees, during the fiscal year, unless they are per diem employees. It is reasonable to interpret that per diem employees are individuals who do not work on a regular basis. He said this could be superseded through a local law. However, if the local law included public officials, then it would be subject to permissive referendum. Commissioner Thomas McTygue asked what was the difference in this proposed salary increase from the one that he presented a few meetings ago. Michael Englert said that the General City Law covers both full time and part time employees. It allows for an increase in per diem salaries only. Salaries cannot be increased through a bonus either. Commissioner Thomas McTygue said this individual is a part time individual. He was concerned with approving this motion because there seemed to be some confusion on this matter. He said he did not want to see the Council constrained and asked that the City Attorney research and draft a local law to supersede the state law. He also noted that his motion from a few meetings ago, did not have a budget impact, but this one does. Commissioner Ron Kim said he had some part time crossing guard positions that are difficult to fill and he did not want to be constrained by the law. Mayor Valerie Keehn asked if Commissioner Thomas McTygue was proposing to do away with the requirement of the general city law and to bring something new forward. Commissioner Thomas McTygue said yes. He said this is going to be a problem for Council members and it needed to be corrected. He in most cases, the budget impact was only a few thousand dollars. His previous motion had no budget impact while this motion has an impact of $3,000. Commissioner Ron Kim said he would support this motion, however, he also agreed with Commissioner Thomas McTygue that the Council needed to look at this law. He said Council members would be held accountable at election time. He pointed out that the crossing guards in Queensbury start at nearly $13/hour, while the City’s starting salary is considerably less. These are important jobs that need to be filled. They also need background checks. He said if there is justification for a raise, the Council should not be afraid to do so. The public will hold them accountable. He also noted that if the crossing guard positions were not filled, they would be filled with police officers, which would be much more costly. He believed the requirements of the state law were too restrictive and Council members need the flexibility to do what is best for the City and to be fiscally responsible. He supported having the City Attorney craft some language to relax these requirements. 7 of 15 City of Saratoga Springs City Council Meeting Minutes Tuesday, February 6, 2007 Commissioner Thomas McTygue said the Council is fiscally responsible. Union employees have contracts, it is the part time individuals who need to have their salaries reviewed on occasion. The Council needs to look at the highly paid individuals. City residents are not as concerned with the 25 cents per hour raise. Mayor Valerie Keehn said there have been some conversations by Council members on grouping the part time salaries, reviewing and increasing if necessary all at the same time. She said the Council needs to get a list of all part time positions together and review it during the budget season. That way the Council would know the budget impact. Commissioner Matthew McCabe said he was not against having this discussion down the road, however, tonight, he would follow the policies that would exist. Ayes: four; Nays: one (Commissioner Matthew McCabe). Motion carried. Set Pay Rate, Comprehensive Plan Committee Secretary (07-20) Brad Birge said the Comprehensive Plan Committee has requested a staff person to take minutes at their meetings. Therefore, the City needs to formalize a contract with someone to do these minutes. The contract allows for more than one individual – three have been identified. Mayor Valerie Keehn asked how many hours will this person work. Brad Birge said that meetings will be schedule each week and they estimate two hours per meeting. They believe the meetings will go through the spring. There is $3,000 in the budget. Commissioner Thomas McTygue asked how this could be approved. He said Council members have been told in the past that City employees could not draw a salary for work outside of their normal position. Brad Birge said these meetings occur outside of their regularly scheduled hours. Commissioner Ron Kim said he wanted to do this for horse care with a City employee, however, it was a problem. Tony Izzo said there was a section in the charter that only overtime was allowed to be paid to regularly scheduled employees, however, with the new charter, that section was eliminated. He said he has a separate contract with the City for litigation matters. Commissioner Thomas McTygue said he wanted to be fair and there needs to be some discussion on this. Brad Birge said the Council has approved similar contracts in the past. Commissioner Matthew McCabe said this position does exist in the budget and there is money in the budget for it. Deputy Commissioner Lynn Bachner said the issue with the individual for horse care was paying into the retirement system. She suggested this motion contingent upon clarifying these issues. Mayor Valerie Keehn moved and Commissioner John Frank seconded to approve the pay rate of $20/hour for the individual(s) who will work with the Comprehensive Plan Committee. This contract covers three individuals. There is $3,000 in the budget. The motion is contingent upon the issues raised during this discussion being answered. Ayes: four; Nays: one (Commissioner Thomas McTygue). Motion carried. Accept Gick Road Rezoning Proposal and send to the Planning Board for Advisory Opinion Mayor Valerie Keehn said she had a meeting two weeks ago with the residents of this neighborhood. They are requesting the zoning be changed from Transect 4 to Office/Medical. They are concerned with the impact to the neighborhood. The applicant’s last proposal to the Planning Board was recently denied. She said now is a good time to review this matter and send it to the Planning Board. Mayor Valerie Keehn moved and Commissioner Thomas McTygue seconded to forward the request for the zoning amendment to the Planning Board and request an advisory opinion. She said she was sponsoring this application, therefore, there would be no fee paid. Commissioner Ron Kim asked why the Planning Board denied the applicant’s request. Geoff Bornemann, City Planning said the Planning Board believed was incompatible with the character of the neighborhood. The neighbors would rather see a different zoning district rather than T4. Commissioner Ron Kim asked if the Comprehensive Plan Committee was reviewing this matter. Mayor Valerie Keehn said they could. Ayes all. 8 of 15 City of Saratoga Springs City Council Meeting Minutes Tuesday, February 6, 2007 Authorization for Mayor to sign contract with Miller, Mannix, Schachner & Hafner for Legal Services to Planning Board Mayor Valerie Keehn said the Planning Board has requested that the City Council approve a 2007 annual contract with Miller Mannix Schachner & Hafner, LLC for legal services to the Planning Board. In late 2004 the City Council set aside $10,000 in the 2005 operating budget for the Planning Board to retain its own legal counsel. In early 2005 the Accounts Office distributed a request for proposal for these professional services. The Planning Board reviewed the responses and selected the firm of Miller, Mannix, Schachner & Hafner, LLC and their contract was approved by the City Council. The Planning Board has been very pleased with the services it has received and would like to have the contract renewed for another year. This contact is on an hourly basis in an amount not to exceed $10,000. There is $10,000 in the 2007 budget to cover the cost of this contract. Therefore, Mayor Valerie Keehn moved and Commissioner Matthew McCabe seconded that the Mayor be authorized to sign the 2007 professional service contract with Miller, Mannix, Schachner & Hafner, and LLC noting that the fee is $140/hour with a $10,000 cap. The Risk & Safety Manager and the City Attorney have reviewed the contract. Ayes all. Amendment to Contract with Miller, Mannix, Schachner & Hafner to assist Planning Board with Beaver Pond EIS Mayor Valerie Keehn said the Planning Board has requested that the City Council approve an amendment to the existing contract with Miller, Mannix, Schachner & Hafner, and LLC for legal, planning and environmental professional services to the Planning Board to assist with the review of the environmental impacts of the proposed Beaver Pond Village subdivision at 98 Geyser Road. The original contract was approved by the Council on January 17, 2006, and it contained an upset figure of $25,000. It is estimated that an additional $15,000 is needed to complete the task. This additional $15,000 will be provided by the developer of the subdivision. The developer will be required to place this money in an escrow account and the Board’s consultant is paid from that fund. Therefore, Mayor Valerie Keehn moved and Commissioner Ron Kim seconded that the Mayor be authorized to sign the amended contract that increases the upset amount from $25,000 to $40,000. Ayes all. Authorization for Mayor to sign amendment to state contract for Railroad Run Phase II Grant (07-21) Mayor Valerie Keehn moved and Commissioner Matthew McCabe seconded to amend the contract to extend it through December 31, 2007, for the completion of the trail. Mayor Valerie Keehn noted that the grant is up to $100,000 with in-kind services of $36,000. Ayes all. Resolution – Assistance Devices (07-22) Mayor Valerie Keehn said several months ago she was approached by some individuals in regards to assistance devices on City roadways. Tony Izzo said here are individuals who are taking advantage of various assistance devices to get around the City. The vehicle and traffic laws do not allow for these devices. This resolution calls upon the legislature to review and expand the vehicle & traffic law on this matter. Mayor Valerie Keehn said the advocacy groups could use this resolution showing the City’s support for the expansion of this law. Mayor Valerie Keehn moved and Commissioner Ron Kim seconded to adopt the following resolution: A RESOLUTION OF THE CITY OF SARATOGA SPRINGS, NEW YORK 9 of 15 City of Saratoga Springs City Council Meeting Minutes Tuesday, February 6, 2007 BE IT RESOLVED, by the City Council of the City of Saratoga Springs, New York as follows: 1. There is a great need for persons with disabilities to have access to public streets and other public ways in every reasonable manner. Clearly the Americans with Disabilities Act establish es such reasonable access as public policy to be recognized by all lawmakers. 2. Recent developments in manufacturing and technology have brought a number of new personal transportation devices. These devices, although not originally intended or marketed to aid the disabled, are currently being used daily by many disabled and challenged persons to restore their confidence and independence. 3. Our New York Vehicle and Traffic Law now recognizes only devices designed to aid disabled persons as allowable upon public highways. This definition effectively prohibits the use of some newer transportation devices by the disabled because those devices are marketed to the general public. 4. This Council asks our State legislators to call for a review of existing laws regarding all assistance devices. The Council believes that disabled persons in our City should be allowed the greatest possible opportunity and the greatest possible choice. Ayes all. Design Review Commission – Appointment (07-23) Mayor Valerie Keehn announced the appointment of Marjorie King Martin to the Design Review Commission. Her term will expire on April 7, 2008. Recreation Commission Appointment (07-24) Mayor Valerie Keehn extended a debt of gratitude to Bob Spratt for his 16 years of service on the Recreation Commission. She wished him well. She then announced the appointment of Meg Hegener to the Recreation Commission. Changing City Council Meeting date February 20, 2007 Mayor Valerie Keehn withdrew this item from discussion. ACCOUNTS DEPARTMENT Workplace Violence Prevention Program Previously discussed. Parking Deck Sign RFP Commissioner John Franck reported that the RFP for the parking deck signage would be released tomorrow. Commissioner Matthew McCabe asked about a selection committee. Commissioner John Franck said he had not set up a selection committee. He said he may talk to the DRC for an advisory opinion but at this point, it was likely that everything would be handled out of his office. Assessors Credentials Commissioner John Franck informed Council members that he recently completed all of the required training and was now a certified assessor. He said generally it takes up to three years to fulfill these requirements, however, he felt it was important to fulfill the requirements as soon as possible. Reappointment to Board of Assessment Review (07-25) Commissioner John Franck moved and Commissioner Matthew McCabe seconded the reappointment of Robert Kuczynski to the Board o f Assessment Review with his term to expire on September 30, 2011. 10 of 15 City of Saratoga Springs City Council Meeting Minutes Tuesday, February 6, 2007 Commissioner John Franck said there was a clerical error at the County with his appointment from last year, so he needed to be reappointed. Ayes all. FINANCE DEPARTMENT Saratoga Environmental Expo Previously discussed. Annual Tax Resolution (07-26) Commissioner Matthew McCabe moved and Commissioner John Franck seconded to adopt the following resolution: RESOLVED, that the City of Saratoga Springs, New York on this 6th day of February 2007 at 7:00 p.m. adopt and confirm the 2007 tax roll carrying a levy on the inside district of $7,813,412.14 for the City and $4,457,790.13 for the County: total Inside District levy $12,271,202.27. Levy on the Outside District of $6,413,099.83 for the city and $3,683,063.09 for the county: total Outside District levy of $10,096,162.92 making a total tax levy of $22,367,365.19 and that the Commissioner of Finance be authorized to collect such a levy computed at the following rates per one thousand dollars of assessed valuation. Inside District rates: City $4.9557 County $2.815046 Outside District rates: City $4.9155 County $2.815.46 FURTHER RESOLVED, that the City Council of the City of Saratoga Springs New York, adopt and confirm the relevy of the 2006 Utility Tax in the amount of $407,678.48. FURTHER RESOLVED, that the City Council of the City of Saratoga Springs, New York adopt and confirm the 2007 Saratoga Lake Special Improvement Tax for the Saratoga Lake Improvement District in the amount of $108,895.86. FURTHER RESOLVED, that the City Council of the City of Saratoga Springs, New York adopt and confirm the 2007 Special Assessment Tax for the Saratoga Springs Special Assessment District in the amount of $75,003.13. FURTHER RESOLVED, that the City Council of the City of Saratoga Springs , New York adopt and confirm the 2007 West Avenue Special District tax for the Saratoga Springs West Avenue Special Dist rict in the amount of $54,002.91 FURTHER RESOLVED, that the City Council of the City of Saratoga Springs, New York, adopt and confirm the 2007 Gilbert Road Water District Tax for the Saratoga Springs Gilbert Road Water district in the amount of $20,068.26. FURTHER RESOLVED, that the City Council of the City of Saratoga Springs, New York, adopt and confirm the 2007 Omitted tax in the amount of $32.89. Ayes all. Tax Anticipation Note (07-27) Commissioner Matthew McCabe moved and Commissioner Ron Kim seconded to approve the tax anticipation note resolution of February 6, 2007, for the issuance of a note(s) for the City of Saratoga Springs, New York, not to exceed $2,000,000.00 in anticipation of the collection of 2007 property tax revenue for the fiscal year 2007 (Attachment D). Ayes all. 4th Quarter Financial Report Commissioner Matthew McCabe said the charter requires the Finance Department to submit quarterly reports to the council within 45 days of the end of each quarter. He noted, however, that the 4th quarter does not end until the end of February. Therefore, the report will be made available as soon as possible. They would also be working on the audits. 11 of 15 City of Saratoga Springs City Council Meeting Minutes Tuesday, February 6, 2007 VLT Revenue Previously discussed. DEPARTMENT OF PUBLIC WORKS Voting Machine Contract with County Commissioner Thomas McTygue moved and Commissioner Ron Kim seconded to authorize the Mayor to sign a contract with Saratoga County for moving of the voting machines on November 6 & 8, 2006 in the amount of $717.04 for labor. Ayes all. Change Order #1 – Arts Council Roof Commissioner Thomas McTygue moved and Commissioner Ron Kim seconded to approve change order #1 for the Arts Council roof in the amount of $1,650 for cold rolled copper flashing. This has been recommended by the engineer ’s department. The money is in the capital account for this and the project is still under budget by about $22,000. Ayes all. Water Line Extension Reserve $50,000 for Stewarts Property Commissioner Thomas McTygue moved and Commissioner Ron Kim seconded to approve the use of an additional $50,000 from the water line extension reserve account to finish paying Stewart ’s for the property adjacent to Loughberry Lake that the City purchased from them last year. The total price was $250,000. The City paid $100,000 last year and the County matched that $100,000 payment. The remaining balance is $50,000. Commissioner Matthew McCabe reminded Commissioner Thomas McTygue that a budget amendment was necessary. He asked why the payment was being made now when it wasn’t due until the fall. Commissioner Thomas McTygue said they have asked for payment and because the City owes it, he did not believe that there was any problem in paying it now. Ayes all. Rename City Center (07-28) Commissioner Thomas McTygue suggested that the Council consider renaming the City Center after former Mayor Ellsworth Jones. He noted though that many communities have corporate sponsorship through naming their centers much like the Pepsi Arena in Albany. He said if the City Center Authority was considering such sponsorship, then perhaps they would consider naming a room after Ellsworth Jones. Commissioner Thomas McTygue moved and Commissioner Ron Kim seconded to name the City Center after former Mayor Ellsworth Jones. Commissioner Ron Kim asked who had purview over naming the building. Commissioner Thomas McTygue said that the City owns the building, so the City would have purview, however, he wanted the City Center Authority to have the opportunity to think about this. Commissioner Ron Kim said he would like to encourage the City Center to name the structure after Ellsworth Jones. He said that is part of the hometown feel. Ayes all. South Broadway Acquisition – Resolution (07-29) Commissioner Thomas McTygue moved and Commissioner Matthew McCabe seconded to approve the resolution for the acquisition of a parcel of land owned by Crown Oil Company #1 (Attachment E) . Commissioner Thomas McTygue said this is the former Getty Station. This parcel is located at the intersection of Broadway and Ballston Avenue and is approximately 2400 square feet. In order to meet the proposed 12 of 15 City of Saratoga Springs City Council Meeting Minutes Tuesday, February 6, 2007 construction schedule for the South Broadway renovation project, it is important that this resolution be adopted tonight. Commissioner Thomas McTygue said the largest portion of this project is paid for by NYS DOT. The City should consider purchasing the remaining portion of this parcel. One of the property owners has agreed to selling to the City and the City is now trying to locate the other owner. He said that one day this parcel could make a nice park. Commissioner Matthew McCabe asked for a breakdown of the costs. Commissioner Thomas McTygue said he did not have those numbers available this evening. He noted though that the resolution needed to be approved as is. Bill McTygue said there has been a commitment to this project through the capital budget process. Ayes all. Water & Sewer Rates & Resolution – Set Public Hearing Commissioner Thomas McTygue requested a public hearing be set for March 6 at 6:45 p.m. on the water and sewer rates & resolution. Lillian’s Parking Lot Commissioner Thomas McTygue said the Council needs to discuss this parcel. There will be a meeting next week by committee members to review the RFP for the parking lot. Commissioner John Franck noted that the appraisal had come in. Bill McTygue said the meeting was scheduled for Monday, February 12 at 2:00 p.m. American Public Works Association – Receipt of Award Bill McTygue said last Friday evening the Department of Public Works received an award from the American Public Works Association for the Water Treatment Plant Disinfection System. He reminded Council members that they just completed that project. They attended the banquet in Albany last Friday. They were awarded this recognition in the water category. Barton & Loguidice and Blue Herron Construction were also recognized for this achievement. Bill McTygue said that staff at the plant was also recognized for the dedication and perseverance while under construction and for attaining all of the required training. Bill McTygue said that beginning today, the new system was up and running. For the next several days both the old and the new system will be monitored to ensure that all DOH requirements are being met. He said ultraviolet disinfection has been installed around the state on a small scale, however, the City is the first large scale operation on a public water source. The design capacity of this system is 11 mgpd. He said the City has come along way in modernizing the plant by utilizing the latest technology. DEPARTMENT OF PUBLIC SAFETY Hamilton & Watt Legal Services Commissioner Ron Kim moved and Commissioner Matthew McCabe seconded to approve the contract modification for Hamilton & Watt at $165/hour with a cap or $10,000. Ayes all. Alternate Side Parking Restrictions Commissioner Ron Kim requested that a public hearing be set for March 6 at 6:30 p.m. on alternate side parking restrictions. He said the list had been distributed and much of this is simply housekeeping. Pay Increase for Crossing Guards 13 of 15 City of Saratoga Springs City Council Meeting Minutes Tuesday, February 6, 2007 Commissioner Ron Kim pulled this item from discussion pending the research on the General City Law Section 25. Yaddo Parking and Truck Inspections Previously discussed. Exemplary Service of Officer Ed Braim Commissioner Ron Kim read a letter from a Navy gentleman who had been charged with a DWI last summer. In that letter he commented that Officer Ed Braim was very polite and helpful during the unfortunate incident. He said he had learned a lot from getting that DWI going on to say that he had been cured from drinking and driving. OTHER Commissioner Thomas McTygue said there should be some thought given to allowing the Supervisors to come in at 6:30 p.m., get on the air and announce their agenda items. SUPERVISORS Cheryl Keyrouze VLT: Cheryl Keyrouze said she had been assured by a legislative committee member that restoration of this revenue was a priority. She has also been in touch with NYSAC. Saratoga County Water Authority: withdrawn from discussion. Traffic Lights for CV Whitney Memorial Highway: Cheryl Keyrouze said because of recent meetings on this matter, the safety study for this highway had been updated. The analysis showed the road delays and also noted that pedestrians are prohibited from walking on the arterial, however, they may still cross the arterial. Because of that, new pedestrian friendly traffic signals will be made at five of the intersections. She also noted that the funding was cut in the state budget by nearly 98 percent to upgrade this highway. Saratoga County Housing Trust Fund: Cheryl Keyrouze said that on January 30 she cosponsored the Saratoga County Housing Trust Fund conference to educate the public on trust funds. She said Mary Brooks was the presenter at this event. She will meet with the County legislative committee on February 13 to discuss this matter as well. Saratoga Countywide Trail System: Cheryl Keyrouze said during the next legislative research committee meeting she will ask for funding for towns to improve the trail system. This works with the Green Infrastructure Plan. She said Assemblyman Bob Riley was interested in moving this along. $25,000 grant for the Saratoga Springs Downtown Business Association: Cheryl Keyrouze said she was able to secure a $25,000 grant for Downtown Business Association with those funds to be used to increase their data base capabilities. Electronic Funding: Cheryl Keyrouze said she was working on the child care subsidy program specifically on how payments are made. She said she was hoping to speed up the payment process. She noted that two counties in the state already use electric funding. This could be a catalyst for electronic funding for other programs. American Red Cross – How to Handle a Disaster: Cheryl Keyrouze said she will host a program with Eileen Reardon on February 8, 7:00 p.m. in the Community Room at the Library on How to Handle a Disaster. Joanne Yepsen County Water Authority: Joanne Yepsen said the County has resurrected the County Water Authority and their first meeting was held on February 1. Jack Lawlor was elected chair and Anita Daly vice chair. The business plan was presented. The water committee will now pass this project on to the water authority. The business 14 of 15 City of Saratoga Springs City Council Meeting Minutes Tuesday, February 6, 2007 plan will come before the County Board on February 15. She said she was pleased to announce the County would not be loaning the water authority any funds at zero percent in connection with this project. Report from NYSAC Conference: Joanne Yepsen said she attended the NYSAC conference last week with 750 attendees. Governor Spitzer, Senator Bruno and Assemblyman Tedisco were in attendance. Highlights included the full implementation of the state parole violator program. She said that Governor Spitzer referenced the changed the VLT revenue distribution noting that it would be provided based on poverty rates. She pointed out that many counties have issues with decreasing population and other such issues, however, Saratoga County is fortunate. Sunshine Week 2007: Joanne Yepsen said she would host the Sunshine Week program this year from March 11-17. PUBLIC COMMENT PERIOD Mayor Valerie Keehn opened the second public comment period. Kyle York, 59 Railroad Place, said next Tuesday he would testify in Queensbury at a workshop on pcbs. He said this is a complicated issue that no journalist is willing to take up. There are few people in this area who know more about this matter than him. He said pcbs were discovered in 1988 at the Queensbury location. In 1995 there was a public hearing on dredging the river. He has put together a presentation on this matter and will present it next week. He said DEC has continued with their plan to dredge this area of the river. Jim Lambalot, 6 Joseph Street, said it might be beneficial to have the rules of conduct available at each meeting for the public. He said being critical of the government is not necessarily being adversarial. He said having the assessments on line was a good form of open government. He disagreed with Commissioner John Franck on equalization vs. 100 percent. He also disagreed with his thoughts on the welcome stranger law. Commissioner Thomas McTygue said the consolidated school system concept is a problem and it creates major inequities in assessed values. Commissioner John Franck said the state should give some thought to not using local assessors and using county assessors. There being no one else wishing to speak, Mayor Valerie Keehn closed the public comment period. ADJOURNMENT Mayor Valerie Keehn moved and Commissioner Ron Kim seconded to adjourn the meeting at p.m. Ayes all. There being no further business, Mayor Valerie Keehn adjourned the meeting at 10:20 p.m. Respectfully submitted, Kathy Moran Approved: Clerk 15 of 15