City Council

City of Saratoga Springs City Council Meeting Minutes Tuesday, March 6, 2007 CITY OF SARATOGA SPRINGS CITY COUNCIL MEETING CITY COUNCIL ROOM TUESDAY, MARCH 6, 2007 6:15 P.M. PRESENT : Valerie Keehn, Mayor Commissioner John Franck, Accounts Commissioner Ron Kim, DPS Commissioner Matthew McCabe, Finance Commissioner Thomas McTygue, DPW SUPERVISORS : Cheryl Keyrouze Joanne Yepsen (left 8:00 p.m.) STAFF PRESENT : Lynn Bachner, Deputy Commissioner, Finance Michele Boxley, Deputy Commissioner, Accounts Frank Dudla, Deputy Commissioner, DPS Eileen Finneran, Deputy Mayor Michael Englert, City Attorney CALL TO ORDER Mayor Valerie Keehn called the meeting to order at 6:15 p.m. EXECUTIVE SESSION Council members went into executive session at 6:15 to discuss the firefighters’ negotiations. Council members returned at 6:30 p.m. PUBLIC HEARINGS Alternate Side Parking Mayor Valerie Keehn said this is a public hearing on a proposed amendment to Chapter 225 of the Code of the City on alternate side parking. Commissioner Ron Kim said this is more a housekeeping matter. He said the conditions already exist and are simply being added to the code book. The code book will now reflect the current conditions. Mayor Valerie Keehn opened the public hearing. There being no one wishing to speak, Mayor Valerie Keehn closed the public hearing. Water & Sewer Rates Commissioner Thomas McTygue said this was a public hearing on the City’s water and sewer rates. He said because there have been some questions by residents on this matter, he would not propose a vote this evening. Instead, he requested a special City Council meeting be held on Tuesday, March 13 at 9:30 in the Council room. The public hearing would be continued to that time. This additional time would afford residents the opportunity to stop by or call his office to have their questions answered. He said he would also hold a public meeting on Monday, March 12, at 6:00 p.m. in the Council room. That would be another opportunity for residents to stop by and ask questions. Commissioner Thomas McTygue showed cost comparisons between the City and neighboring municipalities for cost of water. In the City, residents pay $17.40 per 1000 cubic feet, in Mechanicville they pay $25.50, 1 of 16 City of Saratoga Springs City Council Meeting Minutes Tuesday, March 6, 2007 Wilton is $32.85, Halfmoon is $22.13, Glens Falls is $30.30 and Clifton Park is $26.48 plus a meter charge fora total of $41.88. Bill McTygue said DPW has watched the water and sewer rates for many years and have been quick to compare the City’s rates to neighboring municipalities. The City remains one of the lowest in the area. The water rate charge has been constant over the last ten years. In 2005 there is a major restructuring of the water rates. In 2005, the flat rate charge was eliminated for those using less than 2000 cubic feet and the basic fee of $7.00 plus usage was implemented. For many water users it amounted to a substantial drop in water rates. In 2006, there was a 3 percent increase in water rate. Mayor Valerie Keehn opened the public hearing. John Kraus, 227 Grand Avenue, questioned how the cost per gallon of water computed to cubic feet. He said it was his understanding that one cubic foot was equivalent to 7.5 gallons, which meant he paid $1.26 per thousand gallons of water which is much better than what the County is offering. The proposed increase in water rates was too high though. The Council needs to pay more attention to wages and the lucrative benefit packages. He suggested that with the new construction, which increases the customer base, the percentage increase could be lower. He said there should be more review of the water and sewer budgets during budget season. He suggested power point presentations. Commissioner Thomas McTygue suggested that any questions that John Kraus had could be answered if he called or came into the office. Lee Nelson, 29 Underwood Drive, thanked the DPW staff for answering all of her questions when she came in. She also thanked Christine Gillmett-Brown for her opinion on the water and sewer rate issues. Wilma Koss, 160 Kaydeross Park Road, said she was more concerned with the process than the actual numbers on the water and sewer issue. This information should be made available on the web including the annual expenditure and the annual report. She suggested that there should be separate lines on the water and sewer bills for reserve funds and capital expenditure lines. She also suggested that the conversion formula for cubic feet to gallons be included. There needs to be greater transparency. Commissioner Thomas McTygue said one of the reasons for the lower water rate is that he has had the same staff over the years. Many communities have increased staff, while he has kept the labor costs to a minimum even though the City has grown. When he first came into office there were few houses east of the Northway, now there are many and the staff size remains the same. Bill McTygue said that 58 percent of the sewer costs go directly to the County. Commissioner Thomas McTygue said the sewer rate is $124 per unit and not based on consumption. The City also maintains the sewer lines and the 23 pumping stations, while other municipalities in the county sewer system do not. The County should accommodate the City for maintaining those lines and stations. Again the staff that maintains those lines and stations has not grown. Bill McTygue said the proposed flat rate for sewer is $50.85. The lower end user will see a decrease in their sewer bill. Commissioner Ron Kim asked if there were any additional administrative costs in tracking and implementing this new formula. Bill McTygue said no. Bill McTygue reminded everyone though that staff salaries are paid from these budgets. Staff also includes the water treatment plant. Commissioner Thomas McTygue said that with conservation of water and sewer, users will see their rates go down. Commissioner Thomas McTygue said that the City has a $60 million water treatment plant. Clifton Park does not have a filtration plant and they pay three to four times what City residents pay. The County wants to equalize the sewer rates. He reminded everyone when the Town of Wilton water users wanted a decrease in their water rates, they were successful in achieving a $60,000 decrease, while that same year, the City’s rate went up $60,000. He reminded everyone that the City just won an award for the water treatment plant. Commissioner Matthew McCabe said his department has worked with DPW on this matter for quite some time. He said budgets are on the City’s web site if residents are interested. Council members and staff are here to answer questions. Information does not need to be FOILed. Commissioner Ron Kim pointed out that within he water and sewer budgets, there was a significant increase in retirement and health benefits. Contractual benefits are a big part of the budgets. He said though that he 2 of 16 City of Saratoga Springs City Council Meeting Minutes Tuesday, March 6, 2007 supports the work of the employees with the minimal resources that the City has but the health and retirement benefits are overwhelming and need to be addressed. It was agreed this conversation would be continued to the next meeting. Zoning Amendment – Wendy Hopkins, 37 Nelson Avenue Mayor Valerie Keehn said that this public hearing was continued from February 22. The proposal is to amend the zoning classification of a 1.4 acre parcel of land at 37 Nelson Avenue from Institutional-Horse Track Related and Tourist Related Business to Urban Residential-3 and Institutional Horse Track Related. The Planning Board issued a favorable advisory opinion. The property owner has provided the required proof of payment of the legal ad and of the mailing notices. Mayor Valerie Keehn opened the public hearing. There being no one wishing to speak, Mayor Valerie Keehn closed the public hearing. CALL TO ORDER Mayor Valerie Keehn called the meeting to order at 7:20 pm. PUBLIC COMMENT PERIOD Mayor Valerie Keehn opened the public comment period. John Kraus, 227 Grand Avenue, said last year he suggested that the $2.7 million VLT revenue not be spent but returned to taxpayers. It should not be spent on generous retirement and benefit packages. The City needs this revenue. It appears that the City may receive $3.7 million rather than the budgeted $2.7 million. Excess sales tax and insurance savings should also be used to protect the taxpayers. The recent horse farm purchase and that assessment should be reviewed. The City needs to prevent the proposed give away to the beer distributor by the IDA. The City needs to start planning now for the successful protection of these funds as well as proposed projects such as the indoor recreation facility and the EMS facility. The Council needs to develop a negotiating strategy to protect these revenues. Charlie Morrison, 88 Court Street, said exit 14 is the most scenic and historic entranceway to the City. It has been protected in the City’s comprehensive plan and open space plan. The existing illegal parking is an eyesore. This is the City’s problem to solve, not DOT’s. The City needs to enforce the no parking in this area. Cars are not parking there now because of the snow. He recommended that the Council do nothing to enhance this parking area. Do not pave the gravel area and allow for truck inspections. Truck traffic should be routed to Weibel Avenue. He suggested that an earthen berm and trees be planted in this area. Kyle York, 59 Railroad Place, invited everyone to attend a power point presentation at the City library on March 15 at 7:30 on the water issue. He has been working on it all winter. It will be full of facts, not fiction. It will not be partisan. He will present the actual documents from DEC on how DEC has misled the public. He made the same presentation to the Town of Queensbury Board and they were very surprised. He will also provide cds of the presentation. Wilma Koss, 160 Kaydeross Park Road, said that both the upper Hudson River and Saratoga Lake have been designated at Class A water sources. She said that if we can’t believe DOH and DEC on the upper Hudson water issues, then we should not believe them on Saratoga Lake. David Bronner, 4 Royal Henley Court, said that because of the snow banks it is not possible to cross over Van Dam Street at Broadway and Van Dam Street. He also noted that there were fire hydrants in some subdivisions that had not been shoveled. He showed pictures taken 12 days after the snow storm where they hydrants were still buried. The supervisory staff of DPW needs to take care of this. Al Turkheimer, 158 Woodlawn Avenue, recommended that issues before the Council and the land use boards be advertised in the local newspapers. Legal notices were not enough. Most times property owners have no idea what is happening in their neighborhood. There are other communities that do such advertising and it could be done here. Mayor Valerie Keehn said the land use board chairs were working on that matter. 3 of 16 City of Saratoga Springs City Council Meeting Minutes Tuesday, March 6, 2007 Mayor Valerie Keehn closed the public comment period. PRESENTATION Joanne Yepsen Saratoga County Board of Supervisors – water vote: Joanne Yepsen said the vote on the water project was 17 to 4 and was approved. This is a complex issue. The vote was on the business plan which she did not believe had been fully developed. She voted against this project because it was stipulated within the project that if the County Water Authority is not able to meet its obligations then the County would fill the gap. The business/financial plan is too risky for the residents of the County. There are still no signed contracts with towns or AMD, nor is there any projected revenue. This is a $67 million expense with no revenue other than some funds through state grants. Meetings: Joanne Yepsen said Congresswoman Kristen Gillibrand met with the County Board of Supervisors last Friday and there was good discussion on County issues. The major highlights were: balancing smart growth with economic growth, security of the VLT money, the viability of the City’s downtown and the City Center expansion and preserving the City in the Country theme. She said yesterday she met with the head counsel for Governor Eliot Spitzer on the how the new panel for horse racing in the state will be addressed. She discussed the County’s 9 points for success and requested that the 9 points of success be included in the contract with whichever franchise won the racing contract. Tomorrow the County Board will meet with the state legislators who represent the County to discuss high priority items such as the VLT revenue and the future of racing. Open Government/Sunshine Week: March 11-18 will be Open Government/Sunshine Week. RobertFreeman, Director on the Committee on Open Government will be the featured speaking that week. Ethics Board Annual Report Christine Gillmett-Brown, Director of Finance and member of the Ethics Board, reviewed the Ethics Board Annual report. She noted that the Ethics Code was adopted on April 11, 2006, there are two new members, copies of the code were distributed to employees and officials, annual disclosures were also distributed, the board adopted operating procedures on December 13 and the Board began working on a plain language document. She said that six request for advisory opinions were sought and three complaints. The results of those requests will be posted on the web. Mayor Valerie Keehn asked how individuals may reach the Ethics Board. Christine Gillmett-Brown said that a form may be completed and forwarded to the Mayor’s Office or to her. It will then be delivered to the chair of that board. Mayor Valerie Keehn asked if the annual disclosure statements were to be completed each year. Christine Gillmett-Brown said yes. Howard LaVine, ICOM Commissioner John Franck said that since the launch of the revised web site he had received a great deal of feedback regarding the difficulty searching for information on our current site. After much research and discussion he approached ICOM for advice because of their award winning municipal design. For nearly two decades ICOM has applied its web-design and computer management skills in a variety of different industries including municipal design. Their sites are customized to each client’s needs. As web designers, their job is to anticipate the users needs and make it easier to move through the site to locate information. His department has worked with Xonitek systems to preserve the integrity of the grant that provided the content management system that the website uses. This will be a cosmetic change only. Howard LaVine said he was asked to review the City’s web site and create a design. He showed a design that might work for the City. He has previously worked with the Town of Halfmoon. The existing Xonitech site will be enhanced. Michele Boxley said the design as shown is conceptual. She said that funding received from the previous grant did not include a design element. 4 of 16 City of Saratoga Springs City Council Meeting Minutes Tuesday, March 6, 2007 Commissioner John Franck suggested that Council members review other municipalities’ web sites such as Clifton Park. He said the goal was to make the web site more user friendly. Commissioner Ron Kim said he has had a problem with email through the web site in particular the delay in receiving it and replying to messages. He was also concerned with the amount of unwanted emails coming through. He said the web site does not have a good web email system. He said each of the City’s unions has a web page and there should be a link from the City’s page to those pages. Commissioner John Franck said through these discussions, it has been determined that the City is using only about 10 percent of the capabilities from the Xonitec system. He said that for example, email could be supported through an intranet system. Mayor Valerie Keehn said it would be helpful to include all departments, including the Visitors Center, on the web page. All of the City’s web pages need to blend with the home page. She suggested that the land use boards and the recreation department be included as well. Howard LaVine said that he will continue to meet with Deputy Commissioner Michele Boxley. He has a staff of between three and six people to work on this. The goal is to create a static image that is carried to all of the other pages so they all have the same look and feel. Included on this site will be an “other links” section. Commissioner Ron Kim said he would like to see less paper. He said the courts are doing it and the City should be able to institute a program that uses less paper. Howard LaVine said that was possible, noting that other communities do this already. Commissioner John Franck said that the City has submitted a grant that would allow for an agenda manager program. Commissioner John Franck thanked Howard LaVine for this presentation. In Memoriam, Judge William Ford (07-42) Mayor Valerie Keehn read the following memoriam: IN MEMORIAM JUDGE WILLIAM L. FORD 1916 - 2007 William L. Ford, Lawyer, Judge, Educator and lifelong resident in the City of Saratoga Springs passed away last Tuesday, February 27, 2007. Judge Ford attended Saratoga Springs High School, Union College, and later Albany Law School; where he graduated as class president. After his tour of duty in Okinawa with the U.S. Navy during World War II, he began his long career of service to the legal profession and to the Saratoga Springs community. He was appointed to the New York State Law Revision Commission in 1971, and his judicial career began two years later with the Court of Claims. In 1975 he was elected Justice of the New York State Supreme Court. Through the years, he was a familiar presence in City Hall, maintaining private law offices for years in Room 10, the part of the building that now holds the Planning and Engineering offices. He officiated at inaugural ceremonies for the City Council, and from time to time he appeared at public hearings and meetings to speak on critical issues. He was one of the first to advocate for the development of the Saratoga Performing Arts Center, and he was an impressive member of many local organizations, including the Saratoga Springs Preservation Foundation, Saratoga Hospital, and the Saratoga Springs Board of Education. It was perhaps his service to the education of our young citizens that brought him his greatest personal and professional satisfaction. To the end of his life, he maintained that his work to help establish the Caroline Street and Division Street Elementary Schools was his finest achievement. There can be no doubt that his efforts benefited generations of students, and will continue to benefit many more generations yet to come. Judge Ford was a kind, thoughtful and compassionate man who rightfully earned the friendship and respect of clients, colleagues, and people from all walks of life. CONSENT AGENDA Mayor Valerie Keehn moved and Commissioner Ron Kim seconded to approve the consent agenda as presented. 5 of 16 City of Saratoga Springs City Council Meeting Minutes Tuesday, March 6, 2007 1. Approval of Minutes: February 6, 20, & 28, 2007 2. Award of Bid: Flowers & Supplies: Sunnyside Gardens, various prices, low bidder Field Marking Lime: Green Management, LLC, $4.14 per unit, low bidder Portable Restrooms: Portable Restroom Rentals $40 per unit, low bidder Grass Seed: UAP Northeast of Warnersville, various prices, low bidder Grave Marking Flags: East Coast Flag & Banner, $1,559.52, low bidder Material Trommel Screen Rental: establish a list – NYNE Equipment at $15,000 and Milton Cat at $17,000, lowest acceptable bidder and Authorization for Mayor to sign the contract. Road Sand: Cranseville Aggregate $9.50 ton delivered, $5.60 ton picked up (low bidder) T-Shirts: Breakaway Sports, various prices 3. Approval of Payrolls: 2/3/07-- $419,466.90 & 3/2/07 -- $421,673.71 4. Approval of Warrants: Mid MC3FEB07 $ 46,863.56 General 1MAR07 $595,704.34 5. Approval of Budget Transfers – Payroll (Attachment A) 6 Approval of Budget Transfers – Regular (Attachment B) 7. Approval of Budget Amendments (Attachment C) Ayes all. MAYOR’S DEPARTMENT Award of Bid – City Center – Agency Construction Manager Mark Baker said the Council has before them two recommendations from the City Center Authority to contract with an agency construction manager and an architectural design service company. He requested that the Council accept these recommendations and approve the contracting of these services. Mayor Valerie Keehn moved and Commissioner Ron Kim seconded to approve the award of bid for Turner Construction in an amount not to exceed $498,000. Ayes all. Award of Bid – City Center – Architectural Design Services Mayor Valerie Keehn moved and Commissioner Ron Kim seconded to approve the award of bid for to HNTB in an amount not to exceed of $1,119,060 as the agency construction manager. Ayes all. Proclamation – International Women’s Day(07-43) Mayor Valerie Keehn read the following proclamation PROCLAMATION CITY OF SARATOGA SPRINGS Whereas, International Women’s Day is an occasion marked by governments and organizations around the world. It is a day commemorated by the United Nations and designated in many countries as a national holiday, a day when women on all continents can celebrate a tradition that represents more than nine decades of struggle for equality, peace, justice, and development, and Whereas, the idea of an International Women’s Day first arose at the beginning of the 20th Century. Since then, it has evolved into a global rallying point for coordinated efforts to assist women in participating in society, to call for a change, and to celebrate acts of courage and determination by ordinary women who play extraordinary roles in the history of human rights, and Whereas, today the United Nations continues its legacy of strategies, standards, programs and goals to advance the status of women worldwide. It will mark the occasion of International Women’s Day this year on March 8. The U.N. maintains that no enduring solution to our most threatening problems can be found without the full participation, and the full empowerment, of the world’s women. Now, Therefore, I Valerie Keehn, Mayor of the City of Saratoga Springs, hereby recognize and proclaim, March 8, 2007 as 6 of 16 City of Saratoga Springs City Council Meeting Minutes Tuesday, March 6, 2007 INTERNATIONAL WOMEN’S DAY in the City of Saratoga Springs, N.Y. Community Development Block Grant Recommendations – Set Public Hearing Mayor Valerie Keehn requested that a public hearing be set for March 20 at 6:30 p.m. Rich Ferguson, Chair of the Community Development Block Grant Committee, said the committee consisted of 14 members and reviewed 22 applications. The total dollar value requested under these applications was twice what the grant had. They met over seven meetings with two public hearing. Economic Development Loan Application Brad Birge said that Michael & Wendy London (Max Restaurant and Bar) submitted a loan application in the amount of $75,000 at 5 percent fixed over ten years. This total dollar value of this project is $1.2 million. There will be 20 FTE positions of which 10 will be directed to low and moderate income. Mayor Valerie Keehn said that in the past the interest rate had been 6 percent and asked what would the impact be to lower it to 5 percent. Brad Birge said it was about $40/month. He said 5 of the last 6 loans were at 6 percent. Commissioner John Franck said he was comfortable with the 5 percent interest rate. He pointed out that this application had come in last year when the economy was at a different level. One of the reasons for these loans was to spur the economy and to employ these types of workers. He also noted that this is an established business. Mayor Valerie Keehn moved and Commissioner John Franck seconded to approve the loan application of Max Restaurant & Bar at 5 percent fixed interest for 10 years. Ayes all. Mark Schachner Contract – Article 78 case Mayor Valerie Keehn moved and Commissioner John Franck seconded to authorize the Mayor to sign a contract with Miller, Mannix, et al. in an amount not to exceed $5,000 for the Article 78 proceeding at 30 Gick Road. The funds will come from the City Attorney ’s budget. Ayes all. Pro Shop Items Mayor Valerie Keehn moved and Commissioner Ron Kim seconded to approve the sale of items at the pro shop as follows: hockey laces $5, clear/colored tape $4 and mouth guards a5 $2. Ayes all. Board of Ethics Stenographic Services Mayor Valerie Keehn moved and Commissioner John Franck seconded to authorize the Mayor to sign a contract with Kathy Moran (or substitute) for stenographic services at an upcoming Ethics Board meeting. The funds are within that budget. Ayes all. Racing Meeting Mayor Valerie Keehn thanked the members of the public for sending letters to the state legislators on the VLT funding. She said there is a lot of funding going to the state under the VLT program and what was/is to come to the City is only a very small portion. Last week she attended the NYCOM conference and had a moment with the Governor. She invited him to Saratoga Springs to discuss this matter and he said he would come. She is trying to set up that meeting. She has also been in contact with other communities that would be left out of the proposed formula and have invited them to the City to discuss this matter. She said a united front when meeting the Governor would help the cause. Basing the formula on poverty levels was wrong. The communities that house these programs should obtain he funding. She also noted that she continues to lobby the state legislators on this matter and both she and Commissioner Matthew McCabe have met with many of them. While meeting with those state legislators, she has also lobbied for the City Center expansion funding. She met with Richard Rifkin, Special Counsel to the Governor, and invited him to the City to discuss the new 7 of 16 City of Saratoga Springs City Council Meeting Minutes Tuesday, March 6, 2007 committing on racing. Members of the community need the opportunity to discuss this matter with those officials. The integrity of the racing industry in the City needs to be maintained. While she was a member of the Ad Hoc Committee on racing, she presented the 9 points to the committee and they were incorporated into the RFP. That committee has since presented its recommendations to the Governor. FINANCE DEPARTMENT VLT Revenues Commissioner Matthew McCabe said the meetings in Albany were good meetings. He said that any excess funding in the VLT revenue line this year will be carefully guarded. As the host community for the VLT, these funds are to be used to meet future demands on the municipality and tax stabilization. Mayor Valerie Keehn gave special thanks to John Betor, Fire Department, for providing information on the impacts to the fire department because of the VLTs. She said that information was very useful for the legislators. MAYOR’S DEPARTMENT Downtown Special Assessment District Appointment (07-44) Mayor Valerie Keehn said that Lisa Schroeder, Clothes Horse, had contacted her about serving on community boards. She has been active in many downtown events included the DBA, Sidewalk Days, Dollar Days, Victorian Street walk, member of the Façade Easement Committee, member of the Saratoga County Chamber of Commerce and Soroptimist. Mayor Valerie Keehn moved and Commissioner Ron Kim seconded to appoint Lisa Schroeder to the Downtown Special Assessment District. Commissioner John Franck said he did not know Lisa Schroeder and he was sure that she was a well qualified candidate, however, he was concerned that this is being presented this evening and Council members had no time to review the material. This should have been discussed at the pre-council meeting. It is unprecedented that the Mayor brings forth appointments without obtaining a recommendation of that Board. The Downtown SAD recommended that Cindy Hollowood’s term be continued. He suggested that the motion be amended to continue Cindy Hollowood’s term and to also appoint Lisa Schroeder. Mayor Valerie Keehn said she had spoken to Tim Mabee, member of the SAD, and Tim Mabee had indicated to her that her that he did not support increasing the number of members on the SAD. She noted that there is legislation which establishes the legalities for this board and in that legislation it states that Board members shall be appointed by the Mayor with the consent of the City Council. It goes on to say that seven must be property owners and two must be officers or stockholders within he district. She said that in speaking to three of the members of the SAD, they said they did not have a problem with Lisa Schroeder. Many of the members of this Board have served on this Board for 20 to 30 years. She appreciated their years of service, however, there are many other property owners who are anxious to serve. Commissioner John Franck asked for a roll call vote on this matter. Commissioner Thomas McTygue said there are pre-council meetings so that this type of information is distributed to Council members. He asked why it was not brought to the pre-council meeting. He had no problem with Lisa Schroeder, it was the way in which the Mayor brought it to the table. Mayor Valerie Keehn said items may be added to the agenda after the pre-council meeting. She said if Council members wanted to establish a rule that nothing could be added to the agenda after the pre-council meeting that could be done. Commissioner Thomas McTygue said the point was that the Mayor knew she was going to have this on the agenda and it certainly did not arise between the pre-council meeting and when the final agenda came out. He said there are times when there is an emergency and items need to be added, however, this was not one of them. This was an item that the Mayor knew full well that she was going to add to the agenda and she chose not to do so until the final agenda came out. 8 of 16 City of Saratoga Springs City Council Meeting Minutes Tuesday, March 6, 2007 Commissioner Ron Kim said he supported Lisa Schroeder, however, he urged the Mayor to look at expanding the SAD membership. He encouraged new membership on these Boards. There is a wealth of talent in this community. However, Cindy Hollowood has been an asset to the Board and if she is interested in staying on the Board that should be taken into consideration. He said he would support the appointment of Lisa Schroeder, but there needed to be a balance. Mayor Valerie Keehn said that Tim Mabee said they were not interested in expanding the membership on this Board. She said she was not adverse to considering expanding the membership. She also noted that many members on these committees want to continue their membership but she wanted to open the process to allow for new members. Commissioner Matthew McCabe said he was excited for Lisa Schroeder. We need to look at bringing on new people. These Boards need to be receptive to members who not only write the biggest checks, but who might be an asset. Roll call vote: Commissioner John Franck nay Commissioner Matthew McCabe aye Commissioner Thomas McTygue nay Commissioner Ron Kim aye Mayor Valerie Keehn aye Motion carried. City Center Authority Appointments Mayor Valerie Keehn said there are three members on the City Center Authority whose appointments have expired. The outgoing members are Gordon Boyd, Phil Diamond and MaryAnn Barker. She has spoken to City Center Authority Board members and has considered their recommendations on the best types of expertise for these positions. They are looking for people with backgrounds in contracting, developing, financing, mortgage and downtown area representatives. Mayor Valerie Keehn then proposed the following appointments: Mark Hogan, Saratoga National Bank; Rick Higgins, Norstar Development and Dorothy Knowlton, Saratoga Soles. She said that all of these individuals have extensive backgrounds in accounts, development and the downtown. She said this was another great opportunity to bring new membership to this board. Mayor Valerie Keehn moved and Commissioner John Franck seconded to approve the appointments of Mark Hogan, Rick Higgins and Dorothy Knowlton. Commissioner John Franck said he was very concerned with changing three members at this critical juncture in their expansion project. This is a $12 million project that needs to proceed. He was also concerned that the Council members did not have an opportunity to review the resumes. This should have been mentioned at the pre-council meeting. He also suggested that some consideration be given to retaining the existing members on a month to month basis. Commissioner John Franck moved and Commissioner Thomas McTygue seconded to table this item. Commissioner Thomas McTygue asked why these three individuals were being replaced when Bill Dake still sits on this Board and his term expired before these three individuals. Commissioner Ron Kim said he supported these individuals, however, it was important for the Council to have the opportunity to review resumes of proposed appointments. He suggested that because there is special Council meeting scheduled for Tuesday that this item be brought forth at that time. Ayes on tabling the motion: four; Nays: one (Mayor Valerie Keehn). Motion carried. 2005 Meeting Minutes Mayor Valerie Keehn said the City has a consultant to advise us on utility rates. There was a question on locking into rates so she called Gordon Boyd and asked that he come this evening to explain this matter. She said she was concerned that if we had locked in to fixed rates, costs were still rising. 9 of 16 City of Saratoga Springs City Council Meeting Minutes Tuesday, March 6, 2007 Commissioner Thomas McTygue said if the Mayor was referring to the increase in budgets, that was due to other costs such as retirement and health insurance. He also said that if she was specifically referring to the water/sewer budgets, there have only been small increases on two occasions, however, the cost of wages and benefits has increased. Commissioner John Franck asked if the Mayor was questioning whether the City should or should not have gone with the fixed rate. Mayor Valerie Keehn said her concern was that given the increased costs in utilities and the fact that the City locked into a rate there needed to be some explanation. She said there was also some confusion on Select Energy no longer being in existence. She asked Gordon Boyd if the City locked in to rates in 2005. Gordon Boyd said the City had the option in 2005 of either locking into or floating with rates. The Select Energy contract was up for renewal. At that time Hurricane Katrina had hit the gulf coast and the price per decatherm had risen from $6 to $15. If the City had locked in at that time at $15 the City would not have done well. He said since that time, production capacity has increased and prices have continued to drop to about $7 per decatherm. The City chose to go with a floating rate. There would always be the opportunity for the city to lock in if the rates stabilized. Mayor Valerie Keehn asked for clarification on Gordon Boyd’s relationship with the energy companies and the City. Gordon Boyd explained that his client is the Chamber of Commerce. The City is a member of the Chamber of Commerce. The Chamber set up the Energy Alliance program and opened it to members of the Chamber. The Energy Alliance program allows for him on behalf of the Chamber to procure competitive prices on gas and electric. He said the group has continued to grow with 200 businesses as part of this cooperative. He also works with 15 other chambers. His job is to consult with the chamber. This program was set up during the tenure of Commissioner Ben Mirling, carried through Commissioner Stephen Towne and has continued with the new administration. Each time the contracts have come up for renewal he as appeared before the Council to explain the process. The City does not pay him. He also noted that Select Energy was purchased by Hess Company. The contract with NYSEG remains in force. He said if Hess Corporation is no longer a viable source for the City for gas, the City could choose to go with NYSEG. Mayor Valerie Keehn thanked Gordon Boyd for clarifying this matter. ACCOUNTS DEPARTMENT Systems Summit Commissioner John Franck said the systems summit took place on Tuesday, February 13th. Attendees included: Munis, Complus Data Innovations, RPS, OARS, Xonitek Systems and staff members from City Hall . The goal of this summit was to gather information to enable the City to create a comprehensive systems plan to better serve the needs of a growing City. The summit was very successful. As a follow up to that meeting a list of needs has been developed and sent to each department for review. That list, much of which we already own capabilities for, will be implemented as each department is trained. In the coming weeks I will be announcing each new initiative so that we continue to foster this open dialogue regarding automation in the City of Saratoga Springs. Award of RFP – Parking Sign Program Commissioner John Franck moved and Commissioner Ron Kim seconded to award the contract for parking deck signage to AJ Signs of Burnt Hills per their proposal at a cost of $436-horizontal, $448-vertical, $105- replacement, and no more than 3% inflation yearly. Ayes all. Discussion & Vote: Zoning Amendment: Pursuant to the Council’s request of December 6, the Planning Board reviewed the proposed petition submitted by Wendy Hopkins to change the zoning classification of a 1.4 acre parcel of land at 37 Nelson Avenue Institutional-Horse Track Related and Tourist Related Business to Urban Residential-3 and Institutional Horse Track Related. The Planning Board reviewed the proposed map amendment at their January 10 meeting. Following the discussion, the Planning Board voted 7-0 to issue a favorable advisory opinion on the proposed zoning map amendment. 1. The Board believes that the proposed change in use is in accord with 10 of 16 City of Saratoga Springs City Council Meeting Minutes Tuesday, March 6, 2007 the Comprehensive Plan designation for this area of the community. The proposed zoning amendment would allow the front portion of the property to have maximum density of 8 residential units. However, as indicated the property is encumbered by a deed restriction that limits the density to 2 units. Since the residential density is less intense than the commercial or institutional use, the Board believes that the proposed zoning change is compatible with the Comprehensive Plan designation of the Track Related Facilities. 2. The proposed INST- HTR and UR-3 designation for this site is in accord with the existing zoning ordinance because these zoning designations already exist in the zoning ordinance. 3. The Board did review other alternative solutions such as making no zoning changes, rezoning the front portion to UR-2 or changing the zoning on the other adjacent parcels. The Planning Board concluded that the applicant’s proposal was the more reasonable solution. 4. The Planning Board believes there are adequate utilities in this area to serve any possible site development changes. The Board believes that the special us permit process can control the density of any project within the INST-HTR district. Therefore, Commissioner John Franck moved and Mayor Valerie Keehn seconded to issue a negative SEQR determination and adopt the zoning modification from Institutional-Horse Track Related and Tourist Related Business to Urban Residential-3 and Institutional Horse Track Related. Ayes all. Discussion and vote: Authorization for Mayor to sign contract with ORPS to accept grant funds and conduct project (07-45) Commissioner John Franck said the City has received an award of $10,034 from the Office of Real Property Services Real Property Tax Administration Technology Improvement Grant Program. Commissioner John Franck moved and Commissioner Matthew McCabe seconded for City Council approval to accept the grant and permission for the Mayor to sign and to enter into contract with the Office of Real Property Services that states the City will conduct the project proposed in the application and conclude the project no later than July 1, 2008. The contract has been reviewed by the City’s Risk and Safety Manager and the City Attorney and was circulated with the agenda. There is no match with the grant. Ayes all. Award of Bid – City Hall Generators Upon the recommendation of the Department of Public Works, Commissioner John Franck moved and Commissioner Matthew McCabe seconded to award the bid for the City Hall Generator to Stilsing Electric in the amount of $70,918 ($65,000 from grant) (low bidder) and further move to authorize the Mayor to sign the contract . The difference in funds is in the DPW budget . Ayes all. FINANCE DEPARTMENT West Avenue Special Assessment District Annual Report (07-46) Commissioner Matthew McCabe moved and Mayor Valerie Keehn seconded to approve the West Avenue Special Assessment District Annual Report as presented and discussed at the February 20 meeting (Attachment D) . Ayes all. Web Site Workshop Commissioner Matthew McCabe announced a web site workshop on March 14 at 2:00 p.m. for all City departments. The land use boards will also be invited. Revenue Report Commissioner Matthew McCabe presented preliminary numbers on the selected items from the 2006 general fund as follows: sales tax has increased by about 6 percent to $8,7,27,137 from $8,207,730; hotel occupancy increased by about 8 percent from $331,514 to $358,110; the franchise tax increase by about 5 percent from $304,067 to $320,046; building permits increased from $233,480 to $244,263; parking tickets increased from $252,039 to $317,055; state aid revenue sharing increased from $1,451,364 to $1,688,826; mortgage tax 11 of 16 City of Saratoga Springs City Council Meeting Minutes Tuesday, March 6, 2007 decreased from $1,911,719 to $1,859,034; admissions tax decreased from $416,287 to $399,940 and the OTB surcharge decreased from $110,010 to $98,357. Woodlawn Parking Lot RFP Commissioner Matthew McCabe said his department developed an RFP and distributed it to Council members. He asked that Council members review it and get back to him with their comments. Mayor Valerie Keehn said there needs to be some discussion on this, in particular the financing. VLT Revenues Previously discussed DEPARTMENT OF PUBLIC WORKS Water Line Extension Reserve Fund Commissioner Thomas McTygue moved and Commissioner Matthew McCabe seconded to approve the use of $29,125 from the water line extension reserve account for the South Broadway water line replacement. The bid came in at $229,125 and there is $200,000 in the capital budget for this project. Mayor Valerie Keehn said that upon review of this reserve account, it appears that when this fund was established the funding was for new water lines and not existing lines. Commissioner Thomas McTygue said there should have been some discussion on this matter before tonight if the Mayor had any questions. He said the water line extension fund was established for the development and improvement of City systems. He said this is a proper expenditure. Commissioner Matthew McCabe said there was some flexibility in this language and he supported the motion. Ayes: four; Nays: one (Mayor Valerie Keehn). Motion carried. Award of bid -- Water Line Replacement Commissioner Thomas McTygue moved and Commissioner Matthew McCabe seconded to award the bid for the South Broadway water line replacement to Anjo Construction Company of Latham in the amount of $229,125. Commissioner Thomas McTygue noted that this project had been bid several months ago and the lowest bid at that time was $30,000 higher than this bid. Ayes: four; Nays: one (Mayor Valerie Keehn). Motion carried. Water & Sewer Rates and Resolution It was agreed there would be a special Council meeting on Tuesday, March 13 at 9:30 on the water and sewer rates resolution. Bill McTygue said water revenues are dependent on the weather. When there is a rainy season, less water is sold. He also noted that the costs of retirement and health benefits for the staff are part of those budgets. There needs to be a contingency fund balance. Investments also need to be made to maintain the water system. Commissioner Matthew McCabe said the public needs to understand that a contingency line is a budgeted line item to be used for unexpected expenses. The water budget mirrors the general fund budget. In some cases, the tax burden is decreased by drawing down on fund balances. He said there was a rather large fund balance at one time in the water budget, however, that has been depleted. Under generally accepted accounting practices, it is not recommended to deplete those lines. It was time for revenues to increase. His department has worked with DPW on this budget. The state recommends between 5 and 10 percent for a fund balance. Both the fund balance and the contingency lines need to be monitored. 12 of 16 City of Saratoga Springs City Council Meeting Minutes Tuesday, March 6, 2007 Commissioner Thomas McTygue said that for example there were two water line breaks today. Bill McTygue reminded everyone that those salaries are paid from those budgets. This budget includes those workers, water meter readers, mechanics, water treatment plant operators, etc. Bill McTygue said that staff has not been increased over the years. Water delivery in this City is the cheapest commodity for residents. Residents pay more for internet and phone service than we do for water. Cheryl Keyrouze asked what would have happened to the Interlaken water system had the City not taken it over. Bill McTygue said the County Water Authority asked the City for help with this failing system. After negotiations with the County, the City purchased the land for $70,000. Commissioner Thomas McTygue said the Interlaken water system was losing more than 200,000 gpd from a crack in the pipe. The County was afraid that the entire system might fail. The County wanted the City to purchase the system from the County, however, the City ended up purchasing the land only for $70,000. The City has since done approximately $.5 million in improvements to that system. Bill McTygue encouraged anyone with questions about the water and sewer rates to come to the Council room at 6:00 p.m. on Monday evening. Increase Compost and Transfer Bag Fees Commissioner Thomas McTygue moved and Commissioner Ron Kim seconded to approve a 25 cent increase in compost fees in each category as follows: For pick up from $12.75 to $13.00/yard Delivery in City from $13.75 to $14.00 yard Delivery outside of the City from $17.75 to $18.00/yard. Mayor Valerie Keehn asked for the justification for increasing these prices. She said the Council continues to increase fees for residents. Commissioner Thomas McTygue said unlike taxes, this was a fee that residents could pay or not pay. This is a revenue generator for the City. Mayor Valerie Keehn said residents are already being charged for this program through the cost of machinery, employees, etc., and now we are asking them to pay for compost. Commissioner Thomas McTygue asked Mayor Valerie Keehn what she would like the City to do with the debris. He again said that hundreds of thousands of dollars is generated through this program which goes to the general fund. Commissioner John Franck said if this revenue was lost, it would cost the taxpayers more in the end because that revenue would need to be made up. He said this was accounting 101. Commissioner Ron Kim moved and Mayor Valerie Keehn seconded to call the questions. Ayes: three (Commissioners Ron Kim, Matthew McCabe and Mayor Valerie Keehn); Nays: two (Commissioners John Franck and Thomas McTygue). Motion carried. Motion to increase the fees: Ayes: four; Nays: one (Mayor Valerie Keehn). Motion carried. Commissioner Thomas McTygue moved and Commissioner Matthew McCabe seconded to raise the price of transfer station bags from $2.00 to $2.50 effective April 1. Commissioner Thomas McTygue said this is a service that residents can choose to use or not use. Many other municipalities with similar services are already charging $3 per bag. He said he would like to break even on this service, therefore, would return next year with an increase to $3 per bag. Commissioner Matthew McCabe suggested that there be some thought given to charging nonresidents more for this service. Commissioner Thoams McTygue said that could be considered, however, he said this was also a recycling issue. This service encourages recycling. Ayes: four; Nays: one (Mayor Valerie Keehn). Motion carried. Sick Bank for DPW Employee 13 of 16 City of Saratoga Springs City Council Meeting Minutes Tuesday, March 6, 2007 Commissioner Thomas McTygue moved and Commissioner Matthew McCabe seconded to approve use of the DPW sick bank for a DPW employee for up to 46 days. There is union approv al for this. Ayes all. Water & Sewer Refund to Resident Commissioner Thomas McTygue moved and Commissioner John Franck seconded to approve a refund of a after and sewer bill to a City resident. The bill was mistakenly sent out for a total of $3,349.53 which the resident paid. The bill should have been $94.52. Therefore, we need to refund $3,255.01 for the property at 175 Circular Street. Ayes all. Geyser Road Bridge Resolution Commissioner Thomas McTygue said he had received a sample resolution from the Board of Supervisors concerning the five foot section of sidewalk on the Geyser Road Bridge that will be rehabilitated in 2008 and whether the City wishes to pay for that work. The project cost is $80,000and the City’s share is $4,000. If we do this, we need to approve a resolution authorizing this expenditure and then it should be budgeted for 2008. He said it appears, after some review, that the County is looking for the City to take full responsibility for maintenance of this project. Therefore, he would not request a vote this evening. Cheryl Keyrouze said she would work with the County and the City on this matter. DEPARTMENT OF PUBLIC SAFETY Administration and Enforcement of Codes Local Law #3(07-47) Commissioner Ron Kim moved and Mayor Valerie Keehn seconded to adopt the local law #3 for administration and enforcement of the NYS building and fire codes (Attachment E). Ayes: four; Nays: one (Commissioner John Franck). Motion carried. Alternate Side Parking Restrictions (07-48) Commissioner Ron Kim moved and Mayor Valerie Keehn seconded to approve the modification to the code for the alternate side parking as presented (Attachment F). Ayes all. Police Department Safety Drills at Saratoga Springs High School Commissioner Ron Kim said he wanted to recognize the members of the police department in connection with the safety drill recently held at the Saratoga Springs High School on January 26. He said it was a good day with a well run event. All parties involved in this drill from police department personnel to school personnel did a good job. Commissioner John Franck asked if this same type drill would be held at the Maple Avenue School. Commissioner Ron Kim said that school is not located within the City limits so there were other agencies involved. There are no plans at this time for a coordinated drill at that school. He said though that other schools such as St. Clements have inquired about such a drill. Commissioner Ron Kim said this was a well run event that also included a good debriefing opportunity. 2006 Annual Report Commissioner Ron Kim submitted the 2006 DPS annual report. There are 160 full time and 40 part time employees in this department. Some of the highlights of the year include: hiring of Complus in connection with parking tickets; there were 27,000 dispatch calls, 2,800 fire/ems calls, training for dispatchers and an increase in hours for code enforcement staff in connection with the apartment inspections. The fire department had 2,800 calls with the trend that EMS calls far exceed fire calls. The response time from the east side station to the east ridge has increased and sometimes goes over the industry standard of 9 minutes. The police 14 of 16 City of Saratoga Springs City Council Meeting Minutes Tuesday, March 6, 2007 department calls increased to 27,000, there were 4500 full case investigations, 1111 arrests, 4,000 traffic summons, 291 truck citations and 1300 parking tickets issued. The report will be on file in the Accounts Department for review. Truck Traffic Enforcement Commissioner Ron Kim requested a public hearing be set for March 20 at 6:15 p.m. on truck traffic enforcement. Animal Control to Animal Control/Parking Enforcement Officer Commissioner Ron Kim said the animal control position had been changed from animal control to animal control/parking enforcement officer. This will allow the animal control officer to write parking tickets when not on a call for animals. There will be a budget amendment for the additional $40 per week that is required for this change. Donation Mayor Valerie Keehn moved and Commissioner Matthew McCabe seconded to add the donation of a leased Toyota Camry to the agenda. Ayes all. Commissioner Ron Kim moved and Mayor Valerie Keehn seconded to accept the yearly donation of a Toyata Camry from New Country Toyota to the City to be used for the DARE program. The estimated value is $5,000. There is no cost to the City. Ayes all. SUPERVISORS Cheryl Keyrouze Saratoga County Monthly Meeting: Cheryl Keyrouze reviewed some of the resolutions recently approved by the County Board of Supervisors noting that April 22-29 is Victim Rights week, to accept grants for the FAB system, accept a grant from Homeland Security for $95,000 and budget amendments in connection with Maplewood Manor. Saratoga County Water Project Business Plan: Cheryl Keyrouze said the County Water Authority met only one time on February 1 and voted to approve the $67 million project. She tried to have the matter tabled, but was not successful. She further noted that some of the supervisors voted on this resolution, then returned to their home towns and proceeded to vote on resolutions to decrease the amount of water that they might need under this program. Both the Town of Ballston and the Town of Wilton supervisors decreased their proposed usage. She said they knew this information when they voted on the County water proposal. There was a question as to where SEDC is borrowing the money from for this project. She further noted that within the County budget are payments to the SEDC. She said she was alarmed that under this resolution, it becomes the County’s responsibility, should the water authority default on this project. Commissioner Ron Kim asked if the $67 million number had fluctuated over the years. Cheryl Keyrouze said it was somewhat confusing that over the years, this number has decreased rather than increased. New York Horse Park Committee: Cheryl Keyrouze said that this committee has hired an individual to develop a logo for this project. Their web site will be up and running in the near future. They continue to meet with the Chamber and the City Center Authority. They will have a booth at the Saratoga Environmental expo. They will be attending the National Equine Development summit and plan to hold a summit of their own. Saratoga County Citizen’s Transportation Committee Update: Cheryl Keyrouze said that CDTA has requested additional federal funding to be used for a bus depot, additional buses and a park and ride in Saratoga County. The design proposal for a bus depot is set at $250,000. ADJOURNMENT 15 of 16 City of Saratoga Springs City Council Meeting Minutes Tuesday, March 6, 2007 Mayor Valerie Keehn moved and Commissioner Ron Kim seconded to adjourn the meeting at 10:35 p.m. Ayes all. There being no further business, Mayor Valerie Keehn adjourned the meeting at 10:35. Respectfully submitted, Kathy Moran Approved: Clerk 16 of 16