City Council

City of Saratoga Springs City Council Meeting Minutes Tuesday, March 20, 2007 CITY OF SARATOGA SPRINGS CITY COUNCIL MEETING CITY COUNCIL ROOM TUESDAY, MARCH 20, 2007 6:00 P.M. PRESENT : Valerie Keehn, Mayor Commissioner John Franck, Accounts Commissioner Ron Kim, DPS Commissioner Matthew McCabe, Finance Commissioner Thomas McTygue, DPW SUPERVISORS : Cheryl Keyrouze Joanne Yepsen STAFF PRESENT : Lynn Bachner, Deputy Commissioner, Finance Michele Boxley, Deputy Commissioner, Accounts 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 6:00 p.m. EXECUTIVE SESSION Council members went into executive session at 6:00 p.m. to discuss the Article 7 McNeary litigation. Council members returned at 6:15 p.m. and reported that action would be taken on the Accounts Department agenda. PUBLIC HEARINGS Truck Traffic – Three Strikes You are Out Commissioner Ron Kim said this is a local law to amend the Code of the City of Saratoga Springs by amending Chapter 225, Vehicles and Traffic, Article VIII to provide increased penalties for repeat offenders within a three- year period respecting certain truck traffic infractions. Fines will double and the length of time for including infractions will go from 18 months to 3 years. This law now covers owners, agents or lessees of trucks exceeding five tons gross weight. Mayor Valerie Keehn opened the public hearing. There being no one wishing to speak, Mayor Valerie Keehn held the hearing open to the next meeting. Community Development Block Grant Mayor Valerie Keehn said that the CDBG committee met 6 times, held two public hearings and had 22 applications totaling $600,000. There was $370,000 available. That committee has recommended funding for Domestic Violence Rape Crisis $15,000, Legal Aid Society Homelessness Prevention $13,000, Catholic Charities Mentoring $12,000, Saratoga County EOC $8,500, Dance Alliance $15,000, City Wide residential rehabilitation $15,000, Mother Susan Anderson Emergency Shelter $28,000, Frederick Allen Lodge, $25,000, Vanderbilt Avenue Storm Drainage, $22,0000, Senior Center $15,000, Franklin Community Center $10,000, Community Development administration $70,000. This will be on the April 17 agenda for action. Mayor Valerie Keehn opened the public hearing. 1 of 15 City of Saratoga Springs City Council Meeting Minutes Tuesday, March 20, 2007 Robert Cleary, 127 Van Dam Street, said he was concerned that the matrix had not been used in the selection process. Only 8 of the 14 members submitted the matrix. The members voted on how they felt rather than a prioritization process. Only half of the members have shown up for meetings. Joanne Yepsen, 91 Fifth Avenue, supported the recommendation for funding for the Frederick Allen Lodge. They are looking for additional funds to be used as a matching grant that they received and this will greatly help in that cause. She submitted a letter to the Council from Dee Sarno in support of this recommendation. Joseph Moore, member of the Frederick Allen Lodge, thanked the Council for considering funding for their lodge. It will help them in foundation and roofing work that needs to be done. Mary Zlotnick, 6 Laura Lane, supported the recommendation for funding the Frederick Allen Lodge. Richard Ferguson, chair of the CDBG Committee, said it was a difficult year with many more requests for funding than was available. He said the matrix is a tool used to aid them in the selection process and not the decision making tool. It was a disappointment that not everyone returned their matrix, however, when the votes were taken, there were 13 members present. Carrie Woerner, Saratoga Springs Preservation Foundation, also supported the recommendation to fund the Frederick Allen Lodge project. Maxine Washington, 23 Richard Avenue, said that the committee worked hard on these recommendations and she hoped the Council would take their recommendations seriously. They made their decisions from their heart on where these funds should go. She said it was an honor to serve on that committee. Commissioner Thomas McTygue said he would ask for an amendment to the recommendations for funds to be set aside for infrastructure work. The residential rehabilitation grant recommendation at $150,000 was where he would request the funding come from. They have done a lot of infrastructure work in previous years through funding from this grant. Homeowners cannot afford to do these renovations. The committee only makes recommendations to the Council and the Council makes the final decision. Commissioner Matthew McCabe asked for clarification on the matching grant for the Frederick Allen Lodge. Carrie Woerner said the SSPF awarded the lodge a grant of $10,000 provided that it was matched with $10,000. Joanne Yepsen said they are nearing their goal and currently have $7,000. This additional funding from this grant will help them get to that goal. Mayor Valerie Keehn said the public hearing would be left open during the next two meetings. Local Law to Supersede General City Law Mayor Valerie Keehn said this is a local law to supersede section 25 of the General City law to allow an increase in compensation for non-elected officials and positions during any fiscal year. Mayor Valerie Keehn opened the public hearing. Alan Turkheimer, 158 Woodlawn Avenue, said compensation should done on a yearly basis not on a six month basis. Many of the employees in the City are under union contracts. Social Security recipients get a COLA once a year. City employees should not get increases every six months. Mayor Valerie Keehn clarified this law does not propose to increase salaries every six months. Alan Turkheimer said there is a budget in place that needs to be followed. Commissioner Thomas McTygue said this was meant for the part time positions to increase their salaries when deemed appropriate. Mayor Valerie Keehn said the text of this local law did not differentiate between part time and full time employees. Commissioner Thomas McTygue said it was meant for part time individuals such as crossing guards. Tony Izzo said the General City Law could be superseded by this local law. If the Council wanted to specify part time employees only that could be done. The law as proposed does not differentiate. 2 of 15 City of Saratoga Springs City Council Meeting Minutes Tuesday, March 20, 2007 Richard Thompson, 26 Frederick Drive, said union officials should not get increases during the year. Salaries should be set at the beginning of the year or during budget time. Commissioner Thomas McTygue said he had no problem with having this pertain to part time positions. He said Tony Izzo could redraft the local law. Commissioner Ron Kim said that the unions have contracts that must be adhered to and salaries are not increased unilaterally. Salaries can only be increased with further negotiations to the contract. Commissioner Ron Kim said there needs to be some flexibility to allow for increases in salaries that are not under union contracts. Commissioner Thomas McTygue proposed that the draft local law remain the way it is. It would come up for a vote later in the evening. There being no one else wishing to speak, Mayor Valerie Keehn closed the public hearing. Zoning Amendment – National Grid Mayor Valerie Keehn said this is a public hearing on a petition from National Grid for zoning text and map amendments on Brook Road. The zoning map amendment involves a proposal to change the classification of approximately 28 acres at 5 Brook Road from Rural Residential-1 to Industrial-Light. The zoning text amendment would delete existing definitions for public utility facilities and “utilities facilities” and create new definitions for “utility equipment”, “utility establishment” and “outdoor storage”. The proposal would also amend the existing definitions for “accessory building” and “accessory use”. Finally the amendments would clarify in which zoning districts “utility facilities” and “utility establishments” could be located. The City Planning Board worked with the applicant to develop these amendments, but they were unable to issue an advisory opinion on the proposed amendments because they had a 3-3 vote. Also on file is the required proof of notification to the adjacent property owners and payment of the legal ad. A representative of the applicant is here to answer any questions on the proposed amendment. Bill Dow, Real Estate Supervisor National Grid, presented a power point presentation on the proposed zoning map and text amendment changes to the Brook Road location. They are proposing to change the zoning designation from RR1 to Industrial Light. He said the second part of the proposal is to modify the definitions. In sum, the package rezones this site from rural residential 1 to industrial light and modifies the definitions to more restrictive uses. The City’s comprehensive plan allows for a transition area between the industrial and residential zones. The project will be screened. It could bring $180,000/year in increased property tax revenue. Mayor Valerie Keehn opened the public hearing. There being no one else wishing to speak, Mayor Valerie Keehn closed the public hearing. PUBLIC COMMENT PERIOD Mayor Valerie Keehn opened the public comment period. Cliff VanWagner, 18 Rolling Brook drive, supported the National Grid application. National Grid is currently located on Weibel Avenue on city owned land. This new location will bring revenue to the City. Barbara Triphalek, 211 Circular Street, opposed the rezoning of the Brook Road. It is a violation of the comprehensive plan and would cut into the City’s greenbelt. The stone quarry could one day revert to residential. This is spot zoning and it should not be rezoned. Chris Mathiesen, 28 Friar Tuck Way, said as long as the project is buffered, he had no objection. He was concerned though with the intersection of Brook Road and Route 29 and suggested that a traffic light be installed or the speed be reduced to 45 mph. Phil Klein, 29 Walter Drive, supported the rezoning. He reminded Council members that the more that a company can consolidate, the more efficiently it can run. This increases the City’s tax base and will keep this business in the City. It also frees up space on Federal Street that could be renovated for a greater purpose. The City will gain a DPW garage on Weibel Avenue for almost nothing. It’s a good facility that National Grid has been using. He then asked that if the Brook Road location wasn’t a good location for National Grid what would fit there? 3 of 15 City of Saratoga Springs City Council Meeting Minutes Tuesday, March 20, 2007 Pat Kane, 19 Marion Place, said National Grid owns land on Excelsior Avenue and suggested that they give consideration to returning to that location. Bill McTygue, DPW, said that DPW has a key interest in this project because the City benefits from National Grid vacating the Weibel Avenue location. The Weibel Avenue buildings have been upgraded and it would be good for the City to have a garage on the east side of the City. He urged the Council to approve this zoning amendment. Geoff Bornemann said that using the Excelsior Avenue location is a decision that must be made by National Grid. The key point in the comprehensive plan is the land use categories. The Brook Road area it is conservation development district with low density uses. The boundaries are purposefully not precise and fuzzy, which gives the Council some flexibility. The Planning Board had a 3-3 vote. Commissioner Ron Kim said he was concerned with if the land was rezoned, what was being proposed may not be built. Geoff Bornemann said this was an eight acre parcel. Mayor Valerie Keehn agreed that the land could be rezoned, then National Grid could sell it to someone else. Phil Klein, 29 Walter Drive, said the quarry is near this location and it was very likely that it would remain there for quite some time. The homeowners in this area, knew the quarry was there when they built or purchased their homes. He again asked that if the proposed National Grid use was not appropriate, what was the appropriate use for this land? Mayor Valerie Keehn noted that there had been some email directed to Commissioners on this matter which did not support this proposal. There being no one else wishing to speak, Mayor Valerie Keehn closed the public comment period. PRESENTATION None. PUBLIC COMMENT PERIOD Lynn Goodness, Arapho Path, said that with only one bid on the Lillian’s parking lot, it might not be appropriate to accept that bid. He questioned the response received via email from Commissioner Thomas McTygue on the adult use moratorium in connection with Planning Board members. Rick Thompson, Frederick Drive, commended Mayor Valerie Keehn for not supporting the 7 percent increase in the water rates. He said there should be small incremental increases each year. It was poor management of the water fund. Even though the City has one of the lowest water rates, the water tastes terrible. Residents should not be back billed for water usage. Commissioner Thomas McTygue said his email on the adult use moratorium was that the Mayor appoints the members to the Planning Board and it was up to her to put it on her agenda. The Lillian’s parking lot bid was open to the public and any company could have bid. There was an appraisal on the property and the appraisal was very close to the selling price. The development of that property included a right of way around the parcel to allow access to Putnam Street. There is also a demolition expense at that parcel. If the City does not sell their parcel, the City will need to come up with $.5 million to make improvements to the lot. He said that it was odd that he had received no complaints from anyone on the decrease in their sewer bill. Sewer bills are three times higher than water bills. The City has one of the best water treatment facilities in the state and the one of the cheapest rates. Mayor Valerie Keehn said that although she makes appointments to the Planning Board, those individuals serve the City. She said that local laws such as the adult use draft could be placed on anyone’s agenda. Commissioner Thomas McTygue said there was no Council member volunteering to place it on an agenda so she should do it. Mayor Valerie Keehn said residents of the City could talk to the City Planner or the Chair of the Planning Board at any time on any of these types of issues. If the adult use is left as is, it leaves the City more vulnerable. It’s important for residents to know where those uses are allowed and where they are not 4 of 15 City of Saratoga Springs City Council Meeting Minutes Tuesday, March 20, 2007 allowed. She said the Council will vote on this matter, but there needs to be more discussion. She said Council members are here to represent the public and she suggested that the audience listen to the dialogue this evening to see if they are being represented fairly. There being no one else wishing to speak during the public comment period, Mayor Valerie Keehn closed the first public comment period. CONSENT AGENDA Commis sioner Ron Kim moved and Commis sioner Matthew McCabe seconded to approve the consent agenda as presented. 1. Approval of Minutes – March 6 & 13, 2007 2. Award of Bid: Lube, Oil & Grease – Farrell Oil, Inc. – various prices 3. Approve Payrolls: March 9, 2007 $410,370.89 March 16, 2007 $386,813.82 4. Approval Warrants: Mid MC1MAR07 $ 245,934.43 General 2MAR07 $2,915,372.68 5. Budget Transfers – Payroll (Attachment A) 6. Budget Transfers – Regular (Attachment B) 7. Budget Transfers – Revenue (Attachment C) 8. Budget Amendments (Attachment D) Ayes all. ACCOUNTS DEPARTMENT Zoning Amendment – National Grid Commissioner John Franck said that pursuant to the Council’s request of January 30, 2007, the Planning Board reviewed for the second time the proposed petition submitted by National Grid to amend the definition of “utility facilities” and “public utility facilities”. The Planning Board reviewed the proposed text amendment again at their February 7 meeting. Following that discussion the Planning Board voted 3-3 on a motion to issue a “favorable” advisory opinion to rezone the National Grid site on Brook Road from RR-1 to IND-L with some additional text amendments. This motion was to support option #3 listed below. This motion did not pass because there were not 4 favorable votes. The Board was unable to issue either a favorable or unfavorable advisory opinion. The Planning Board initially believed that the petitioner’s amendments provided for the potential for larger public utilities to be located in the RR-1 District and that the adoption of this amendment might further “erode” the rural character of the RR-1 district. The Board also expressed a concern that the new definition would lump all utility facilities and equipment into one large use category. In response to these concerns the Board reviewed the following alternate solutions: Option #1: Brook Road Zoning Map Amendment: This proposal would change the zoning of the National Grid site on Brook Road from RR-1 to IND-L to enable the new facility to locate there. There would be no need to change any definitions. If this option was adopted, National Grid would have to apply for a site plan review from the Planning Board if it wanted to locate the new facility at their Brook Road site. Outdoor storage would require a special use permit and site plan review from the Planning Board. Option #2: Restructure Public Utilities Section: This proposal would restructure the two current definitions to create two new definitions that were more distinguishable. One would be for utility equipment and the other would be for utility establishments. Utility equipment would be permitted in all zoning districts as permitted accessory uses and utility establishments would only be permitted as principal uses in selected districts and by special use permit in the Rural Residential-1 District. If this option was adopted, National Grid would have to apply for a special use permit and site plan review from the Planning Board if they wanted to locate the new facility at their Brook Road site. Under this option the Board developed a new definition for “utility equipment”, “utility establishment”, “accessory building”, “accessory use” and “outdoor storage”. 5 of 15 City of Saratoga Springs City Council Meeting Minutes Tuesday, March 20, 2007 Option #3: combine parts of Option #1 and #2: This proposal would change the zoning of the National Grid site on Brook Road from RR-1 to IND-L to enable the new facility to locate there. The two current definitions would be restructured to create two new definitions that were more distinguishable. One would be for utility equipment and the other would be for utility establishments. Utility equipment would be permitted in all zoning districts as permitted accessory uses and utility establishments would only be permitted as principal uses in selected districts, but not in the RR-1 District. If this option was adopted, National Grid would have to apply for site plan review from the Planning Board if they wanted to locate the new facility at their Brook Road site. Detailed material was distributed with the agenda on Friday on Option #3. Therefore, Commissioner John Franck moved and Commissioner Ron Kim seconded to issue a negative SEQR determination and to adopt the zoning text and map amendment s from RR-1 to IND-L as proposed. Geoff Bornemann said there was an email received from Nancy Robinson stating her opposition to this zoning amendment. Commissioner John Franck said he owned property on Rip Van Lane. He agreed with Cliff VanWagner and Phil Klein. It’s important to have National Grid remain within the City limits. He then read into the record the Saratoga County Planning Board’s advisory opinion. Mayor Valerie Keehn said the permit for the quarry operation will run out in May and they have to apply to DEC for an extension. Quarries are typically reclaimed for residential use. Once a building is constructed at this proposed location it will change the character of the neighborhood. This is a greenbelt area. The Council cannot put a price on the quality of life for residents in this area. She hoped that National Grid could find another location. She understood the tax implications on this proposal. She asked about the Excelsior Avenue location. Bill Dow said that National Grid completed the clean up but they are still under orders from DEC and the EPA on what can be at that location. Their original plan was to return to that location, but they would like to consolidate their operations and there is not enough room at that location. Under current zoning it would be difficult. Commissioner Matthew McCabe asked Geoff Bornemann about using the Excelsior Avenue location. Geoff Bornemann said he did not have any discussions with National Grid representatives on using that location. Almost all uses could be allowed under a special use permit. Commissioner Thomas McTygue said that it is important to keep National Grid in the City. DPW has planned to move a large portion of their operation to the Weibel Avenue location. He reminded everyone that there is a lot of driving for DPW trucks from the west side to the east side during snow and ice storms. Also the engineering staff could be moved to that location. National Grid pays the City $4,000/month as rent with those funds being set aside to upgrade the facility when they leave. DPW has outgrown the garage on Division Street. He supported this zoning amendment proposal. Commissioner Matthew McCabe did not support the zoning amendment proposal. He spent time with the residents on Brook Road. The applicant bypassed the Zoning Board of Appeals. They could not get a favorable advisory opinion from the Planning Board. They are asking for guaranteed permission, when the Council does not have a guaranteed product. This proposal is just transplanting traffic from one location to another. He suggested that the comprehensive plan committee look at this. Commissioner Ron Kim said that with the “fuzzy” or transitional areas, he would be interested to see how the new comprehensive plan committee is looking at this issue. The same question of what would be located next to the quarry could be asked of the Excelsior Avenue location. He was not sure that the Excelsior Avenue location was the right space either. This should be referred to the comprehensive plan committee. Commissioner John Franck said that Pallette’s is in no rush to leave this location and he questioned how the Mayor knew mining of that area was nearing depletion. He said the Planning Board should have had seven members present at this critical meeting and one of those present should not have changed his mind at the last minute. The Council needs to make a decision. He said there was one email and one person who talked to Commissioner Matthew McCabe. 6 of 15 City of Saratoga Springs City Council Meeting Minutes Tuesday, March 20, 2007 Mayor Valerie Keehn expressed appreciation to National Grid for their willingness to partner with the City. She said she was sure that National Grid would respond in a crisis no matter where they were located. Commissioner Thomas McTygue said that some members of the comprehensive plan do not want anything constructed in the City. He said that Commissioner Ron Kim would run into the same issues when he is trying to construct an EMS facility – neighbors won’t want the traffic or the noise. The comprehensive plan committee should offer a location for that facility as well. Commissioner John Franck said that when the EMS facility comes before the Council, those Council members voting no now should do so again for the same reasons. Cliff VanWagner said that when running a business, the business must take into account the wear and tear on equipment, time, gas, etc., and running trucks back and forth between the west and east sides is a disservice to the residents of this community. There is high value to having a DPW garage on the east side and that should not be taken lightly. Commissioner Matthew McCabe said the Council is being asked to rezone a parcel without knowing what will go on it. The Planning Board process failed. Roll call vote: Commissioner John Franck aye Commissioner Matthew McCabe no Commissioner Thomas McTygue aye Commissioner Ron Kim no Mayor Valerie Keehn no Motion denied. MAYOR’S DEPARTMENT Traffic Impact Study for Indoor Recreation Center Mayor Valerie Keehn said that at the March 15 meeting of the Indoor Recreation Center Oversight committee,it was recommended that the City Council contract with a traffic engineering firm to undertake traffic impact study of the proposed new indoor recreation facility on Weibel Avenue. This investigation would determine whether or not any improvements have to be made to accommodate the expected traffic at the new center. The Department of Public Safety made a recommendation to the Committee that the impact study be undertaken. The committee obtained a proposal for this work from Creighton Manning Engineering, LLF, because they have been involved in doing other traffic impact studies along Weibel Avenue. A copy of their proposal has been circulated to the Council. Therefore, Mayor Valerie Keehn moved and Commissioner Matthew McCabe seconded that the Mayor be authorized to sign a contract with Creighton Manning engineering in an amount not to exceed $3,750 to undertake a traffic impact study for the proposed indoor recreation center on Weibel Avenue pending approval from city attorney and risk and safety manager. Mark Benequista, DPS, said that when he reviewed the Bonacio/Roohn project and traffic study in connection with the newly proposed recreation facility, he became concerned with the increased volume of traffic and the speed limit. The study gives cause for safety at that intersection. Under the Bonacio/Roohan study, much of the traffic would have come from the north making a left into the property. However, he believed that with the recreation facility, much of the traffic would come from the south making a right. He said that background traffic, which is the trips generated by the soccer fields, also need to be considered. If he knew those trips he would be more comfortable. Commissioner Thomas McTygue said he did not support another traffic study. He said that Creighton Manning would simply take the previous traffic study, dust it off, shuffle it around and then charge the City for another study. The City would not get it back until August. Commissioner John Franck asked if Mark Benequista was looking for a smaller version of the Bonacio/Roohan report or an enhanced version. Mark Benequista said he was looking for it both ways. The soccer counts also 7 of 15 City of Saratoga Springs City Council Meeting Minutes Tuesday, March 20, 2007 need to be included. Each land use needs to be reviewed to determine the trips. Mark Benequista said that he was apprehensive in paying for a traffic signal without this information. Commissioner Matthew McCabe said his concern was not the money but that the project might be postponed. It seemed apparent that a traffic signal was already needed in this area. The Council needs to make a decision on whether the signal need to be there – the traffic is already there. Mayor Valerie Keehn said this would not drag on to August and it was not about shuffling papers. Mark Benequista said that to a reasonable degree Creighton Manning would use the prior report. They have said the counts could be done when the snow is gone and then a month or so for compilation of the numbers. Geoff Bornemann said that Creighton Manning has said that they could complete the entire report within four weeks. It can be done through estimations of field playing time. Commissioner Thomas McTygue said that estimates are ridiculous. Geoff Bornemann said the traffic study could be done in connection with the SEQR determination to save some time. Commissioner Thomas McTygue said there is already a completed study and there is no money for a traffic signal or turning lanes. It was not included in the recreation budget. He said if the Council wants a traffic signal or a turning lane, it could approve one. Commissioner Ron Kim asked if the traffic study was not done, would Mark Benequista feel confident that he could determine what kind of traffic signal and/or turning lane was required. Mark Benequista said he would need to know the background traffic. The difference between the Bonacio/Roohan project and this project is that he believed most of the traffic for the recreation project would come from the south. Also the Bonacio/Roohan project did not make assumptions for the recreation facility or soccer fields. Commissioner Matthew McCabe asked if Bonacio/Roohan were going to make the improvements. Bill McTygue said if their project comes to fruition. Geoff Bornemann said their project is about to expire, however, they could apply for an 18 month extension if they so desired. Mayor Valerie Keehn said the City is unable to get a commitment from Bonacio/Roohan because their project is on hold. Commissioner John Franck said the bottom line is that some improvements are necessary. Geoff Bornemann said if the Bonacio/Roohan project proceeds, there will be a turning lane. Commissioner Thomas McTygue called the question. Ayes all. It was noted that the study would be completed within four weeks of data collection, if there was no bad weather. Ayes: three (Commissioners Matthew McCabe & Ron Kim and Mayor Valerie Keehn) ; No: two (Commissioners John Franck & Thomas McTygue). Motion carried. 2007 Fees Change for Spring/Fall Soccer & Lacrosse Linda Terricola said the recreation fees were adopted last fall however, there have been some amendments to the fees since that time. Most fees were increase last fall. The amendment this evening is for an oversight where the fee was increased from $45 to $100 where it should have been increased from $45 to $70 for the spring/fall soccer and lacrosse programs. There have been some complaints from registrants. Participant numbers have dropped from 425 to 204 for soccer and 236 to 131 for Lacrosse. The last times fees were increased before last fall was about three years ago. Dr. Spingarn, Recreation Board member, said Recreation Board members felt this amendment was appropriate. The increase in these fees was somewhat of a deterrent for the residents and they believed the enrollment was down because of the increase. Linda Terricola said this particular change is to reduce the fee from $100 to $70 for non City school district resident and each additional child at $35. The fees for the soccer/lacrosse programs were increased from $30 to $50 for city residents, $45 to $100 non city residents and non city resident, non-school district from $80 to $100. 8 of 15 City of Saratoga Springs City Council Meeting Minutes Tuesday, March 20, 2007 Commissioner Ron Kim said the City provides services to the school district and many of those students’ families do no pay taxes here. He had no problem in charging a higher rate for those not living in the City. Soccer and Lacrosse are not necessities and if the children want to pay here, the parents will pay. He did not support the decrease. Commissioner Matthew McCabe asked what would happen to those families that have already paid the higher rate. Linda Terricola said they would offer those families a credit. Commissioner John Franck said the numbers are down 50 percent. An across the board decrease would make more sense rather than in just one category. Commissioner Thomas McTygue said that for the last 20 years he has had five maintenance workers assigned to the recreation facilities. He asked why we are supplying these benefits to families that don’t live in the City. He needs an additional worker to take care of all of these fields. The surrounding towns should provide recreation facilities for these families. The City will lose the Racino fields sooner rather than later. Dr. Spingarn said there is a “critical mass” that needs to be met in order to have soccer teams. As the children get older, less participate. If there is not enough, there cannot be games. He reminded everyone that the wading pools are used by everyone. It’s a quality of life issue. Families move here because of the quality of life. It shouldn’t always be about money. Cheryl Keyrouze asked if Linda Terricola had approached the Towns of Wilton or Greenfield on funding. Linda Terricola said that the Town of Greenfield pays the difference to the City between the city rate and the non city rate. She noted that the Town of Wilton will soon have their own soccer program and the City will see the numbers drop. There was no motion, however, Council members voted as follows: Ayes: one (Mayor Valerie Keehn); Nays: four ( Commissioners John Franck, Matthew McCabe, Thomas McTyg ue and Ron Kim). Coordinator Rate Change Mayor Valerie Keehn moved and Commissioner Ron Kim seconded to approve the decrease in the soccer coordinator rate from $3,000 to $1,000 and the Lacrosse coordinator from $1050 to $800. Ayes all. ZBA Appointment (07-53) Mayor Valerie Keehn announced the appointment of Gabe Anderson to the Zoning Board of Appeals to replace Ben Mirling. His term will expire on December 31, 2007. Saratoga Springs Housing Authority Appointment (07-54) Mayor Valerie Keehn announced the appointment of Dennis Brunnelle to the Saratoga Springs Housing Authority. She thanked outgoing Board member Kitty Macica for her seven years of service on that board. Capital Program meetings Mayor Valerie Keehn announced the first capital program committee meeting for April 5 at 2:00 p.m. in the Council room. Comprehensive Plan Committee Mayor Valerie Keehn said the Comprehensive Plan Committee will accept comments until March 31. Commissioner Thomas McTygue said the community needs to see what they are proposing before comments can be made. Budget for Waterfront Park Planning Services 9 of 15 City of Saratoga Springs City Council Meeting Minutes Tuesday, March 20, 2007 Mayor Valerie Keehn said there was a proposal from Behan Associates concerning the waterfront and there is some urgency to move this project forward on both short term and long term plans. There needs to be someone in charge of this project. Behan Associates has drafted a proposal which includes inventory and analysis of the property and buildings, development of short and long term plans, SEQR development and to act as project manager for $13,640. It has been suggested that this go out for an RFP which she had no problem in doing. Commissioner John Franck said that at a minimum the property needs to be opened as a public viewing area this year. He said the RFP needs to go out immediately. Commissioner Ron Kim said there should be deadline dates included in the RFP. Commissioner Thomas McTygue said that most of the work has already been done for the public viewing/picnic area. He said the Behan proposal could be used to develop an RFP. Mayor Valerie Keehn said that someone needs to be in charge. This is a priority. The City has spent quite a bit of money on this property and whoever is hired needs to oversee this project to fruition. There needs to be a project manager. Commissioner Thomas McTygue questioned why the City needed a project manager when most the work would be done by DPW. He said that the waterfront committee needs to be kept active. Commissioner Matthew McCabe said that there is $200,000 in the budget for the waterfront property. Mayor Valerie Keehn said that maybe a member of the committee could oversee the project. ACCOUNTS DEPARTMENT Employee Identification Card Program Commissioner John Franck said the City's Safety Committee has referred the Employee Identification Card Program for discussion and vote. The policy compliments the City's new Workplace Violence Prevention Program which was recently adopted by the City Council. This program ensures the City's compliance with the new NYS Labor Laws. It has been reviewed and approved by the Safety Committee of which Tony Izzo is an advisory member as a representative of the City Attorney's Office and the City's Insurance Company. There has been one minor change to the policy since it was distributed. To be consistent throughout the policy the word “badge” will be changed to “card”. He said the program will be implemented within a few months. Therefore, Commissioner John Franck moved and Commissioner Matthew McCabe seconded to adopt the Employee Identification Card Program Policy as recommended by the City ’s Safety Committee. Commissioner Thomas McTygue said there was some concern expressed by employees in his department on wearing identification cards with their full name. Commissioner John Franck said that will be discussed at Safety Committee and with Human Resources. Commissioner Ron Kim said the panic buttons will also be addressed by the Safety Committee. Ayes all. ProServe Solutions Contract Commissioner John Franck said that as part of his vision for open government and increased transparency, the City’s Online Assessment Program requires upgrades and installation of new software. The City has contracted with ProServe Solutions in the past for software installation and upgrades. A grant was received from ORPS Real Property Tax Administration Technology Improvement Grant Program for another upgrade. Therefore, Commissioner John Franck moved and Commissioner Matthew McCabe seconded to authorize the Mayor to sign the contract with ProServe Solutions in the amount of $10,033.54 for the upgrade and installation of the software. This will be paid for from the ORPS Real Property Tax Administration Technology Improvement Grant. The remaining four years of maintenance will be $4,035.56 annually which includes hosting and licensing fees. There is no impact to the 2007 City’s budget. This is contingent upon the review the City Attorney. Ayes all. Award of Bid – Putnam Street Parking Deck 10 of 15 City of Saratoga Springs City Council Meeting Minutes Tuesday, March 20, 2007 Upon the recommendation of the Department of Public Works, Commissioner John Franck moved and Commissioner Matthew McCabe seconded to award the bid for the Putnam Street Parking Deck repair to Debrino Caulking Assoc. of Castleton, NY (lowest qualified low bidder) in the amount of $350,750 from the capital budget, which includes a 15 percent contingency line for additional unit price work for possible crack repairs beyond the estimated amount. He further moved to authorize the Mayor to sign the contract contingent upon the review of the City Attorney and the City ’s Risk & Safety Manager. Ayes all. Executive Session – McNeary (07-55) Commissioner John Franck moved and Commissioner Ron Kim seconded to add the McNeary Article 7 litigation matter to the agenda. Ayes all. Commissioner John Franck moved and Commissioner Ron Kim seconded to authorize the Mayor to sign the settlement stipulation in the McNeary Article 7 litigation matter as discussed in executive session. Ayes all. FINANCE DEPARTMENT City Web Site Workshop Commissioner Matthew McCabe said the Website workshop was a good meeting that was well attended with numerous suggestions. There will be a series of these meetings to address web site matters. The web page will get a face lift by the Accounts Department. Woodlawn Parking Lot RFP Commissioner Matthew McCabe said his department drafted an RFP on the Woodlawn Avenue parking lot. It’s a public parking lot at this time. The RFP states that there must be 350 permanent parking spaces, plus the 150 that currently exist. A residential component may be considered. The lessee will provide and pay for all parking. They are seeking input from departments. The sale or lease options are both included in the RFP. He said he hoped to get this RFP out by the end of the month. He is looking a possible funding mechanism. Commissioner John Franck reminded everyone that this particular lot had a previous RFP with some interest. That RFP still needs to be rejected if that is the Council’s wish. Mayor Valerie Keehn suggested that there be some opportunity for workforce housing or light industrial use included. She did not want to see uses excluded. In the original RFP opportunities such as a multi-modal transit station was included. Commissioner Thomas McTygue asked if the City had received this year’s funding from the County for the parking deck on Church Street. Commissioner Matthew McCabe said yes. Commissioner Matthew McCabe said the City needs a parking policy. He said he would be looking for permission from the County to charge for parking at the Church Street parking garage when there are special events. That money should be dedicated for maintenance of the parking garage. VLT Revenue Commissioner Matthew McCabe said that there is still doubt on whether the City will receive VLT revenues in 2008; however, the outlook was a little more positive. The City should get about $3.7 million this year. He said that there is a slight difference between the Senate bill and the Assembly bill with the Assembly bill stating the funding would be on a pro-rated basis. Recreation Facility Advisory Committee Preliminary Report Commissioner Matthew McCabe said he had some recommendations on the RFP process for the recreation facility project. Mayor Valerie Keehn said that she read through the material and was impressed with the work. DEPARTMENT OF PUBLIC WORKS 11 of 15 City of Saratoga Springs City Council Meeting Minutes Tuesday, March 20, 2007 64 Ludlow Street Easement Commissioner Thomas McTygue moved and Commissioner Ron Kim seconded that the City offer an easement of 14x50 portion of the property at 64 Ludlow Street/Labelle Lane and authorize the Mayor to sign all necessary documents. Ayes all. Local Law to Increase the Compensation of Non-Elected Officials (07-56) Commissioner Thomas McTygue moved and Commissioner Ron Kim seconded that the Council adopt the local law as follows: LOCAL LAW NO. 4 OF 2007 A LOCAL LAW TO SUPERSEDE SECTION 25 OF THE GENERAL CITY LAW SO AS TO ALLOW THE CITY OF SARATOGA SPRINGS TO INCREASE THE COMPENSATION OF NON-ELECTED CITY OFFICIALS AND POSITIONS DURING ANY FISCAL YEAR AFTER SUCH COMPENSATION IS ESTABLISHED BY BUDGET. BE IT ENACTED by the City Council of the City of Saratoga Springs, New York, as follows: SECTION 1. In accordance with authority cited in New York State Comptroller's Opinion 3-344 and New York State Attorney General ’s Opinion 20-183, the City Council hereby supersedes Section 25 of the General City Law so as to allow the City of Saratoga Springs to increase the compensation of non-elected City officials and positions during any fiscal year after such compensation is established by budget. SECTION 2. The provisions of this local law are hereby declared to be severable, and if any clause, sentence, paragraph, word, section or part of this local law shall be adjudged by any court of competent jurisdiction to be unconstitutional, illegal or invalid, such judgment shall not affect, impair or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, word, section or part thereof directly involved in the controversy in which such judgment shall have been rendered. SECTION 3. This local law shall take effect as provided by law. Commissioner Matthew McCabe said he would only support changes in salary during budget season. Mayor Valerie Keehn said this would set a precedent and set the stage for any Council to increase any salary at any time. It was not fiscally responsible. Commissioner Thomas McTygue said this is for temporary help. There are union contracts which address the full time union employees. Commissioner Ron Kim supported the motion. He said that any Council member wishing to upgrade a position could do so by bringing it to the table. Council members will be held accountable when voting. If there was a strong Mayor, maybe this would not be a good motion. All salary increases are done in public. Commissioner John Franck supported the motion. Commissioner Matthew McCabe said that as this local law is written there needs to be some clarification on what positions were eligible to have the salary increased. Lynn Bachner, Deputy Commissioner of Finance, said that this local law was an all or nothing proposition. It did not limit it to part time employees. She said if this local law is adopted, salaries could be increased anytime throughout the year. Commissioner Thomas McTygue said there has been some confusion at the table on what positions are eligible for an increase in salary and what positions are not. This motion will clear up that confusion. Generally when a Council member wants to increase the salary, the money is within their budget. Lynn Bachner said having the money in the budget was not the same as setting the wage. 12 of 15 City of Saratoga Springs City Council Meeting Minutes Tuesday, March 20, 2007 Commissioner Ron Kim said any salary increase would come to the Council table and that is where Council members will be held accountable. During the budget season, salary increases are hidden in a budget that is difficult to read. During other times of the year, an increase would be brought to the table and discussed in an open forum. Council members won’t take that lightly. Ayes: three (Commissioners John Franck, Thomas McTygue and Ron Kim); Nays: two (Mayor Valerie Keehn and Commissioner Matthew McCabe). Motion carried. Geyser Road Bridge Resolution (07-57) Commissioner Thomas McTygue moved and Commissioner John Franck seconded to adopt the following resolution: A RESOLUTIONOF THE CITY COUNCIL OF THE CITY OF SARATOGA SPRINGS, NEW YORK AUTHORIZING FUNDING FOR THE ADDITION OF A 5-FOOT WIDE SIDEWALK ON THE COUNTY ROAD 43 (GEYSER ROAD) BRIDGE OVER THE D & H RAILROAD IN THE CITY OF SARATOGA SPRINGS. WHEREAS, the County of Saratoga is the sponsor for the reconstruction of the County Road 43 (Geyser Road) bridge over the D & H Railroad (BIN 3364200) in the City of Saratoga Springs; and WHEREAS, the bridge reconstruction is currently being designed and is currently scheduled to be reconstructed in 2008; and WHEREAS, the bridge design and reconstruction will be 80% funded by the federal government and is eligible for and may receive additional 15% Marchiselli funding from the State of New York; and WHEREAS, Saratoga County policy indicates that the addition of a sidewalk to a bridge where a sidewalk did not previously exist is above and beyond the standard level of a bridge that the County Department of Public Works constructs and the addition of sidewalks to a bridge currently without them is considered a special amenity and must be requested from each local municipality, the cost for such an amenity to be paid by the local municipality; and WHEREAS, there is no sidewalk on the existing bridge and the addition of a 5-foot sidewalk would provide for safe passage of pedestrians, be a local benefit and community enhancement for people in the City of Saratoga Springs, especially those living and working in the communities adjacent to and near the bridge; and WHEREAS, the New York State Department of Transportation recognizes that there is sufficient justification for the addition of a 5-foot sidewalk on the bridge; and WHEREAS, the addition of a 5-foot wide sidewalk to the bridge has therefore been requested by the City of Saratoga Springs; and WHEREAS, the local share to the City of Saratoga Springs for the addition of a 5- foot sidewalk will be 5% (or 20% if Marchiselli Funding is not available) of the actual and final cost for the design and construction of such sidewalk; and WHEREAS, the current estimate of the 5% local share for the design and construction of a 5-foot sidewalk on the bridge is $4,000; and RESOLVED, that the City of Saratoga Springs commits to the local share for the addition of a 5-foot sidewalk and therefore authorizes an initial expenditure of up to $4,000 to be paid to Saratoga County to cover the cost for the addition of a 5-foot sidewalk on County Road 43 (Geyser Road) bridge over the D & H Railroad, and that if additional funds are required to cover the local share of the actual and final cost for the addition of the sidewalk, an additional resolution will be required. Nothing in this Resolution shall be construed as establishing any responsibility by the City of Saratoga Springs for the ordinary or extraordinary maintenance, care, supervision or any other control over the said 5-foot wide sidewalk. The City of Saratoga Springs does not assert, and does not accept, any incident or incidents of ownership over the said 5-foot wide sidewalk. Ayes all. Commissioner Thomas McTygue said the confusion over maintenance of the sidewalk had been cleared up and the County will maintain the sidewalk. 13 of 15 City of Saratoga Springs City Council Meeting Minutes Tuesday, March 20, 2007 DPW Annual Report Commissioner Thomas McTygue submitted the 2006 annual DPW report to the Council. He said the City is the fourth largest City in geographical area in the state. This is an important document but he did not want to take the Council’s time this evening reviewing the entire document. Mayor Valerie Keehn offered that a separate public meeting be held for both Commissioners Ron Kim and Thomas McTygue to review their annual reports. She said a press release on this matter would be done by her office and a workshop would be set up. Commissioner John Franck suggested that the documents be placed on the web page. DEPARTMENT OF PUBLIC SAFETY Truck Traffic Enforcement – Three Strikes You Are Out Commissioner Ron Kim withdrew this item from discussion. He said the document would be placed on the City’s web page for review. Washington Street Parking Restriction (07-58) Commissioner Ron Kim moved and Commissioner John Franck seconded to permanently adopt the tempor ary Washington Street parking restrictions and that they be included in the City’s Code book. He noted that a public hearing had been held about four months ago on this matter. Ayes all. Firefighter Qualifications Commissioner Ron Kim said his department petitioned the Civil Service Department to change the firefighter’s qualifications on entry level positions. The reason for this request is because the firefighter’s positions have evolved to less firefighting and more paramedic services. They are now looking to redefine the position to require a minimum of a two year degree and 64 hours of credits in a related subject, EMT certified or a high school degree and paramedic service. It is costly to send the firefighters through paramedic training. Entry level firefighters start at about $40,000 Commissioner Matthew McCabe asked how many trained paramedics are in the fire department. Commissioner Ron Kim said about 40. This proposal will make it mandatory for entry level positions. 2006 Police Overtime Savings Commissioner Ron Kim said some of the police officers are working the new ten hour shift. They have saved 340 hours of overtime at the supervisory level with a range of between $15,000 and $18,000. The program has not yet been fully implemented. This savings is for two quarters only. Commissioner Thomas McTygue asked for a report on the collection of past due tickets. SUPERVISORS Cheryl Keyouze Historian: Cheryl Keyrouze said there was recently a presentation at the City library with both the City and County historians. It was a good presentation. New York Horse Park Committee: Cheryl Keyrouze said they will be at the Saratoga Environmental Expo. Their logo is almost complete. They will be going on tours of other horse parks. They are accepting donations. They will attend the National Equine Summit in North Carolina. They are working on a business plan. Commissioner Thomas McTygue asked where they got funding for an attorney. Cheryl Keyzouze said the attorney donated their time. Joanne Yepsen 14 of 15 City of Saratoga Springs City Council Meeting Minutes Tuesday, March 20, 2007 County Racing Committee Update: The Racing Committee finalized their material that will be sent out to hundreds of people. They have met with Governor Spitzer’s Counsel and they believe that their recommendations will be included. Governor Spitzer will make an announcement on June 1 on the racing issue. Commissioner Ron Kim asked about the admissions receipts. Joanne Yepsen said this would be a good time for the City to negotiate that matter Public Health Future Projects: The public health component of the county budget is a large part. It includes Maplewood Manor, Mental Health and the County’s Health Department. Mental health has one year left on their lease at the hospital. Maplewood Manor costs the County $1 million a year and there is the potential that it could cost more if Governor Spitzer’s budget passes. The director of the County’s Health Department is going to retire after 34 years on the job. The Woodlawn Avenue County building may be for sale n the near future. County Resolutions: The Board of Supervisors passed a resolution to accept a grant to rehabilitate the taxiway and replace a hanger at the airport for $2.5 million. They will also enter into an agreement to install a water main at the airport. They will be looking at the Round Lake bypass and accept funding do so. They are looking at designing a new animal shelter and approved architectural design fees at $26,500. There was a resolution on the 911 call system and a local law that all wireless calls will go to the County sheriff’s dispatch center. There was another resolution to provide the County Water Authority with $250,000 as start up costs. She continues to ask for a business plan, but has not received one yet. PUBLIC COMMENT PERIOD Mayor Valerie Keehn opened the second public hearing Craig Clark said that 77 Van Dam Street continues to plow their snow into the public right of way. He suggested that the City consider adding cameras at the intersections to catch drivers going through the red lights. Lillian’s parking lot should be fixed. There needs to be an assessment of the property and an appraisal before it is sold. He suggested that the Council consider a parking garage at another location besides Woodlawn Avenue Marion Alteri, 17 1/2 York Avenue, said it is important to Saratoga Springs to have a horse park. The City is the epicenter of horse racing. The racing franchise is also an important issue that the Council needs to address. There being no one else wishing to speak, Mayor Valerie Keehn closed the second public hearing. ADJOURNMENT Mayor Valerie Keehn moved and Commissioner John Franck seconded to adjourn the meeting at 10:40 p.m. Ayes all. There being no further business, Mayor Valerie Keehn adjourned the meeting at 10:40 p.m. Respectfully submitted, Kathy Moran Clerk Approved: 15 of 15