City Council

City of Saratoga Springs City Council Meeting Minutes Tuesday, April 3, 2007 CITY OF SARATOGA SPRINGS CITY COUNCIL MEETING CITY COUNCIL ROOM TUESDAY, APRIL 3, 2007 6:50 P.M. PRESENT : Valerie Keehn, Mayor Commissioner John Franck, Accounts Commissioner Ron Kim, DPS Commissioner Matthew McCabe, Finance Commissioner Thomas McTygue, DPW SUPERVISORS : Cheryl Keyrouze 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 Bill McTygue, Director, DPW PUBLIC HEARING Community Development Block Grant Mayor Valerie Keehn opened the public hearing. Carrie Woerner, SSFP said the total cost for restoration work at the Frederick Allen Lodge is $119,000. The SSPF has awarded the Lodge a matching grant of $10,000 and recently awarded them a second matching grant of another $10,000 now totaling $20,000. Nedra Stimpfle, CDBG committee member, said the committee worked hard on their recommendations. They met with many individuals, reviewed the consolidated plan and discussed the projects thoroughly before making a decision. She encouraged the Council to support the recommendations. Mayor Valerie Keehn said the Community Development Office would continue to accept written comments until April 6. Local Law – Three Strikes You’re Out Mayor Valerie Keehn opened the public hearing. Commissioner Ron Kim said this proposed local law was to increase the penalties for trucks that violate this proposed law. There being no one wishing to speak, Mayor Valerie Keehn closed the public hearing. CALL TO ORDER Mayor Valerie Keehn called the meeting to order at 7:00 p.m. MAYOR’S DEPARTMENT 1 of 13 City of Saratoga Springs City Council Meeting Minutes Tuesday, April 3, 2007 Proclamation – Clarence Dart (07-59) Mayor Valerie Keehn congratulated Clarence Dart on his receiving the Congressional Gold Medal, saying that it was a wonderful honor and achievement that recognized his service to the country. She then read the following proclamation: PROCLAMATION CITY OF SARATOGA SPRINGS Whereas, the Second World War was a period of tremendous national unity, a time when our greatest generation put aside their differences and worked side by side to a decisive victory. There were, however, some Americans who had a second enemy to battle. The many thousands of African-Americans in military service had to deal with ignorance and prejudice as a regular part of their tour of duty. Some officers considered their African-American troops so inferior that they refused to assign them duties requiring advanced skills and knowledge. Deeds of courage and heroism by African-Americans often went unreported, and more than a few G.I.s have told of their disgust at watching captured enemy troops offered better food and quarters than African-American personnel, and Whereas, the Tuskegee Airmen, America’s first black fighter pilots, flew more than 15,000 combat missions during World War II. They established an exemplary record, never losing a bomber to enemy fighter planes during escort missions. More importantly, they demonstrated the strength and determination of all Americans, regardless of color, and they became role models for generations to follow, and Whereas, Clarence Dart, a longtime resident of our City, traveled to Washington on March 29 to receive the Congressional Gold Medal for his wartime service as a Tuskegee Airman. Lt. Col. Dart is one of about 300 survivors of the distinguished unit that helped win a war and change history. Official acts of recognition for the Airmen have been few and long overdue, and the medal received by Lt. Col Dart and his colleagues cannot begin to express our deep appreciation and thanks for their courage and sacrifice. There can be no greater love for one’s country than theirs. Today, all Americans are able to recognize the Tuskegee Airmen as among the greatest members of the greatest generation. Now, Therefore, I, Valerie Keehn, Mayor of the City of Saratoga Springs, am pleased to honor Lt. Col. Dart and his fellow Airmen for their gallant contributions to our nation, our rights, and our freedom. Clarence Dart thanked the Council for the proclamation. He then suggested that the City discuss the possibility of a truck bypass around the City with state officials. He said that the trucks are ruining the roads in this City. Mayor Valerie Keehn thanked him for that suggestion and said she has recently had some discussions with the state on that matter. PUBLIC COMMENT PERIOD Mayor Valerie Keehn opened the first public comment period. Bill Tasatore, 14 Pine Street, did not support the Saratoga Lake sewer connection moratorium. He said he is the developer with the Goose Hill subdivision which has been in the development stages for a few years now. He reminded everyone that the City’s Engineer has stated that there are many septic systems in this area and he had no objection to additional septic systems. CT Male has tested the area and found no issues as well. All the evidence presented to date is speculative. He said the Council needs to take a hard look at this matter under SEQR. He suggested that the Council consider a moratorium that does not allow a building permit unless the sanitary sewer connection was permitted. Kyle York, 59 Railroad Place, supported Clarence Dart’s suggested for a bypass around Saratoga Springs. Eric Lacopola, 4 Larkspur Drive, said he did not support the proposal for the adult uses in the Grande Industrial Park. There are residential subdivisions, a school and playgrounds in this area. Paul Barry, 6 Larkspur Drive, said he did not support the adult uses in the Grande Industrial park. There being no one else wishing to speak, Mayor Valerie Keehn closed the first public comment period. 2 of 13 City of Saratoga Springs City Council Meeting Minutes Tuesday, April 3, 2007 PRESENTATION 2007 City Center Authority Annual Report Mark Baker, City Center Authority Executive Director, reported that in 2006 there were 107 events, 166 paid days of use and 206 days of occupancy at the City Center. These events generated $21.5 million of business activity in the City. Although these are positive numbers, the overall revenue was up only 3.4 percent. They withdrew only $9,000 from the capital budget for the year. With the assistance of Christine Gillmett-Brown, they were able to grow their savings to more than $5 million. There operations are somewhat limited though because of the size of the facility. The inability to grow is of concern. He said they hoped, with the Council’s support, that they would be able to break ground on the expansion in the very near future. 2007 Saratoga Springs Housing Authority Annual Report Lee Weiser, Chair of the Board of the Saratoga Springs Housing Authority, said that they have had a new beginning at the SSHA with a new Executive Director. He wanted the Council to know that the SSHA is an important constituency in the City. He said it is state chartered, federally funded and locally administered. Ed Spychalski, Director of the SSHA, said the SSHA is a community. It is the largest affordable housing landlord in the City with 339 units. They oversee 61 buildings. There are 90 rental assistance vouchers under the Section 8 program. They have a $1.5 million budget which is balanced each year. They follow HUD guidelines. They pay a PILOT of $39,000. They sponsor such organizations such as the Boy Scouts, Girl Scouts, Women’s organizations, Income Tax preparation seminars, drug counseling and a soon to be started Head Start program. He encouraged the Council members to visit anytime. Mayor Valerie Keehn noted that the recently completed community room at Stonequist is a wonderful addition to that community. Commissioner Thomas McTygue reminded everyone that the City would participate in the American Blooming Contest and he said he would be glad to have the SSHA as part of that program. Ed Spychalski said they would be glad to assist the City. Public Safety Capital Construction Committee Commissioner Ron Kim said the last time he reported to the Council on the Public Safety Capital Construction project was in May 2006. He thanked committee members for their work noting that they have been working with the consultants for the last six months. The first area of concern is the police department. The existing conditions in the police department do not meet code. The building was constructed in 1850 and housed 5 police officers. There are now 70 officers. The second issue of great concern is the emergency response time to the eastern plateau. In 1980 there were 778 homes in that area and in 2000 there were 2,400. With full build out there could be 900 more homes. The response time to emergencies according to the NFPA states that the City should be at the emergency within 5 minutes. In 2002, about 13 percent of the calls were responded to in within 6 minutes or less. In 2003 the response time increased to 51 percent where it took more than 6 minutes. The average response time across the City is 6 minutes. Commissioner Ron Kim said all of this committee’s meetings were open to the public. They toured other facilities. They talked to City Court staff. The court is closely tied to the Police Department and he further noted that the City is obligated to provide space for the courts. The courts needs have grown as well. In 1999 there were 6,500 filings with the court. In 2000 that number increased to 10,000. There is one full time judge and one part time judge who was recently increased to half time. There are critical security issues with the transport of prisoners throughout the building. Commissioner Ron Kim said his department distributed an RFP, received five proposals and interviewed three. They chose Labelle Associates based on their expertise. This firm has done renovation/rehabilitation on public safety facilities in Albany County Warren County and the NYS Court of Appeals. He introduced Kevin Marron, Labelle Associates and David Wall, BBL. Kevin Marron said the committee looked at six sites for the EMS facility in geographic proximity to one another and the City. When looking at these sites they also looked at the wetlands. There would need to be further delineation of the wetlands in some cases. Some of the sites were also limited by the lack of water, sewer and gas lines. A matrix was used to prioritize the sites based on utilities, land use, zoning and other criteria. The 3 of 13 City of Saratoga Springs City Council Meeting Minutes Tuesday, April 3, 2007 six sites were either existing rural residential or a PUD. He then showed pictures of newly constructed EMS facilities in other communities. The City’s facility would house an emergency response vehicle, fire trucks and the hazardous response equipment. The facility should also allow for growth. It will be staffed 24/7. The projected cost of such a facility is $4,320,000 which includes the soft costs. They proposed that the project be constructed through public bidding and following the WICKS law. He said for each year that the project is delayed, the City should add another 9 percent to the cost. Kevin Marron said they looked at security protocols, traffic flow, circulation, building square footage, means of egress, areas of assembly, fire protection, and alarm systems when considering renovating City Hall for the police station. The existing police station has no mechanical ventilation and vertical accessibility is a critical issue. The original woodwork and historic nature of the building also needs to be considered. David Wall, BBL, said they are the largest construction management firm outside of New York City for public sector jobs. They recently completed work in Essex and Seneca Counties and are currently working on the Albany County Court House. The numbers this evening are the complete costs for the project, not just the bricks and mortar. The numbers also include the furniture and equipment. He pointed out that the project in Albany was a major renovation project that was completed over 4 1/2 years. The cost was $408 per square foot. The NYS Court of Appeals historic restoration cost $452 per square foot at 80,000 square feet. It was an entire gut renovation. He said they looked at renovating City Hall and estimated the cost to be $325 per square foot. A 5,000 square addition for vertical access would be required. It would be a multi-phased, two year project and is estimated to cost $18.7 million. Kevin Marron said they looked at other potential downtown sites such as the Woodlawn Avenue county building, the High Rock parking lot, Algonquin parking lot and the Woodlawn Avenue parking lot. The downtown area already has utilities which is a considerable factor. They looked at the old Excelsior Avenue ice skating location at 3.8 acres which has an environmental history. They also looked at the bowling alley location at 2.8 acres. He explained that parking in the downtown area is an issue with daytime staff and visitors reaching upwards to 115 persons. Kevin Marron then displayed information on a 68,000 square foot building located behind City Hall at about 70’x100’. That building would include space for the courts and a sallyport to get prisoners in and out of vehicles in an enclosed manner. David Wall said the police station would also be publicly bid, however if the City chose they could look at design building. He said for tonight’s discussion though it was a publicly bid project. He then reviewed the estimates from the 2003 presentation. The cost of that project was $260 per square foot, however, with cost of living increases in today’s dollars it would be $335 per square foot. He then reviewed the costs and sizes of other projects from other municipalities that they have recently completed. Kevin Marron said they are now at a point where they need to finalize the building program, prepare site recommendations, prepare a site specific project and operating costs, prepare a specific project schedule and to make a recommendation on the building delivery system. Commissioner Ron Kim thanked them for their presentation. CONSENT AGENDA Commissioner Ron Kim moved and Commissioner John Franck seconded to approve the consent agenda as follows: 1. Approval of Minutes: March 20, 2007 2. Rejection of RFP: Woodlawn Avenue Parking Lot 2005-26-review and reconsideration of Project parameters 3. Approve Payrolls: 3/23/07 $ 378,918.98 3/30/07 $ 364,986.86 4. Approval Warrants: Mid MC2MAR07 $2,831,548.92 General 1APR07 $2,633,532.93 5. Approval Budget Transfers – Payroll (Attachment A) 6. Approve Budget Transfers – Regular (Attachment B) 4 of 13 City of Saratoga Springs City Council Meeting Minutes Tuesday, April 3, 2007 7. Approve Budget Transfers – Liability Insurance (Attachment C) 8. Approve Budget Amendments (Attachment D) Ayes all. Commissioner Matthew McCabe noted that the warrants had the repayment of short term loans. MAYOR’S DEPARTMENT Proclamation – Child Abuse Prevention Month (07-60) Mayor Valerie Keehn read the following proclamation: PROCLAMATION CITY OF SARATOGA SPRINGS Whereas, the public cares deeply about child abuse, and a majority report that child abuse is a very important moral issue to them; Whereas, preventing child abuse and neglect is a community problem that depends on involvement among people throughout the community; Whereas, child abuse and neglect not only directly harm children, but also increases the likelihood of long-term physical and mental health problems, alcohol and substance abuse, continued family violence and criminal behavior; Whereas, child maltreatment occurs when people find themselves in stressful situations, without community resources, and don’t know how to cope; Whereas, the majority of child abuse cases stem from situations and conditions that are preventable in an engaged and supportive community; Whereas, child abuse and neglect can be reduced by making sure each family has the support they need in raising their children in a safe, nurturing environment; Whereas, effective child abuse prevention programs succeed because of partnerships created among social service agencies, schools, faith communities, civic organizations, law enforcement agencies, and the business community; Now, Therefore, I, Valerie Keehn, Mayor of the City of Saratoga Springs do hereby proclaim April as: Child Abuse Prevention Month and call upon citizens, community agencies faith groups, medical facilities, and businesses to increase their participation in our efforts to support families, thereby preventing child abuse and strengthening the communities in which we live. Adult Use Moratorium Mayor Valerie Keehn said it had come to the attention of the Council that there was a need to review the adult business use within the City. Therefore, the Planning Board had been asked to review the matter and issue an advisory opinion. During that review there was a moratorium on adult use throughout the City. The Planning Board discovered that the existing law was outdated and would likely not stand up in court. The Planning Board has reviewed the ordinance over the past year. They solicited and welcomed comments from the public. She said during this review they discovered that the existing ordinance had been drafted without the benefit of a content neutral secondary effect analysis. She said the courts would give more credence to the City’s ordinance with such an analysis. The Planning Board’s recommendation included four parts: a) provide for a stronger defense, b) prohibition of adult uses that are obscene, c) identify and buffer additional sensitive sites, and d) identify more appropriate sites for such uses. She said it was the last item that was the most difficult. The Planning Board has recommended the industrial park. However, there have been a lot of emails, letters and phone calls from residents in that area not supporting that recommendation. She said she believes there are other possible locations that could be looked at and she was going to ask the Planning Board to reexamine the matter again for other potential sites. She said she was also going to propose to extend the moratorium one more time--until June 30, 2007. Commissioner Matthew McCabe asked to where he should submit specific site location suggestions. Mayor Valerie Keehn suggested that he speak directly with Geoff Bornemann or Lew Benton, chair of the Planning Board. 5 of 13 City of Saratoga Springs City Council Meeting Minutes Tuesday, April 3, 2007 Commissioner Thomas McTygue asked for a brief overview of the site selection process. Lew Benton said that current locations for such businesses are limited because of the distance required between the business and other types of businesses (churches, schools, daycare, etc.). He said once that is determined it leave three locations: 1) at the entranceway to the City on Route 50 near the Town of Milton; 2) out Church Street near the old Ashgrove Inn and 3) off Gick Road just before the Town of Wilton. He said they also looked at what is the definition of obscene. He said he received a letter from the Town of Milton Planning Board chair on this mater as well. He said the industrial park location is difficult because of the perception. Commissioner John Franck suggested that some public relations work such as a speaking out piece be done. Lew Benton said they met with the editorial staff a few weeks ago. Commissioner Matthew McCabe suggested that Driscoll Road be considered. Mayor Valerie Keehn said they are considering public meetings on this matter to educate the public on why this ordinance is needed. Saratoga Lake Area Moratorium (07-61) Mayor Valerie Keehn said this matter was on the agenda at a prior meeting and a 2-2 vote was had. She said since that time, they have added a new section to the ordinance for a waiver process which would allow any property owner to petition the City for a waiver on the sewer connection. Mayor Valerie Keehn moved and Commissioner John Franck seconded to adopt the Saratoga Lake Sewer Connection moratorium as distributed. Commissioner John Franck questioned whether a public hearing was necessary. Michael Englert said it is required by law that the document be in final form on the Commissioners’ desk. He said he did not believe it was necessary to hold another public hearing on this matter. Commissioner John Franck said he would only support this moratorium if the Varano property was grandfathered. He said this was a clear case where an applicant has done exactly everything the City has asked them to and now they will be required to seek a waiver. He said this was really a building moratorium and not a sewer connection matter. The City Engineer was clear in his February 21 memo that he had no issues with sanitary sewers in this area. He also noted that all subdivisions with more than five lots need approval by DOH for septic systems. He again said that the Varanos have followed all of the rules and now they will be at the mercy of the City again. Geoff Bornemann, City Planner said this area of the City is almost entirely served by the County sewer system. The area in which the City Engineer has referenced is the northern part of this area. The area under consideration for the moratorium is almost exclusively served by the county sewer system. He said that during the Goose Hill subdivision presentation, the applicant’s engineer admitted that they could not meet the DOH standards. He said he had spoken to the County on this matter and they believe that there is some room available on an emergency basis to tie into the County system. He said there were less than ten new single family lots that may want to tie to the county system that may not be able to do so. The Varanos are not at the point of building. Commissioner John Franck said the soils in this area are suitable for septic systems. He said he was very concerned that the Varanos may have to come back to the City once again, even after they have followed all of the rules. Commissioner Thomas McTygue asked if there had been any of the larger subdivisions that have been denied access to the County sewer system. Geoff Bornemann said the three bigger projects would not be able to tie into the system. Mayor Valerie Keehn asked for a brief history. Geoff Bornemann said there was a meeting based on discussions with the County’s Planning Department and there was a recommendation by the Planning Board that the City enact a moratorium on building in this area until there was a long term public policy by the county. He said the sewer line around the lake was to limit the septic systems. It has been the Planning Board’s policy to require applicant’s to connect to the county system. Commissioner Matthew McCabe said this amendment to the ordinance allows for a waiver process. He asked if one project could be grandfathered. Michael Englert said that the County has not indicated that it is not 6 of 13 City of Saratoga Springs City Council Meeting Minutes Tuesday, April 3, 2007 possible to tie into the county system. The first option for an applicant is to connect to the county system, if that is not possible then the applicant could apply for a waiver from the City. He said it is the Council’s prerogative to grandfather a project. Ayes: four; Nays: one (Commissioner John Franck). Motion carried. NYSDOH Health Renewal for Camp Programs Mayor Valerie Keehn moved and Commissioner Thomas McTygue seconded to authorize the Mayor to sign all necessary documents in connection with the NYSDOH renewal application for the summer camp programs. Ayes all. Camp Saradac Bus Contract with Saratoga Springs School District Mayor Valerie Keehn moved and Commissioner Matthew McCabe seconded to authorize the Mayor to sign the contract with the Saratoga Springs School District for the Camp Saradac Program. Commissioner Matthew McCabe asked for the dollar value. Mayor Valerie Keehn said the dollar values were varied and were listed within the material distributed to the Council. She noted that the money was within the Recreation Department budget. Commissioner Ron Kim said there have been discussions by the Council on the growth of the recreation department program and the use by the people who do not live in the City. He said the City needs to review the contract with the School District on what the City is putting out for these programs and what we are getting in return. The City needs to look at the use of these programs by non-city residents. He said a line needs to be drawn. He said it is the right thing to do to charge higher fees for those non-city residents. Commissioner Thomas McTygue said the Recreation Commission has not listened to the Council on this matter. He reminded everyone that it was likely that the City would lose the use of the Racino fields in the very near future. He said there are a large percentage of children participating in the City’s programs that do not live in the City. Commissioner Matthew McCabe said he has been discussing issues such as this with the school district. He said the contract mentions school district children. The City should not alienate its neighbors. Commissioner Thomas McTygue said the contract has remained the same for 30 years. He said the City is not using those fields for those programs anymore. The City is using the PBA fields and the Racino fields. Commissioner Ron Kim said that a cost benefit analysis needed to be done. Commissioner Ron Kim said the City has increased the dollar amounts in the NYRA contracts. Mayor Valerie Keehn said that there is going to be a new superintendent at the schools in the very near future which would allow for new opportunities. She said she would speak with Linda Terricola about developing the numbers on the use and demographics of the programs. She said it would require numbers from DPW as wells. Ayes all. Camp Saradac Field Trips & On-Site Programs Mayor Valerie Keehn moved and Commissioner Thomas McTygue seconded to approve the preliminary Camp Saradac field trip and on-site programs as presented. Ayes all. Camp Saradac Safety Plan Mayor Valerie Keehn moved and Commissioner Thomas McTygue seconded to adopt the Camp Saradac Safety Plan as presented. Ayes all. Stewarts Foundation Donation 7 of 13 City of Saratoga Springs City Council Meeting Minutes Tuesday, April 3, 2007 Mayor Valerie Keehn moved and Commissioner Ron Kim seconded to accept the $4,000 donation from Stewarts Foundation for the special needs children for the summer camp program. Ayes all. Agreement with Saratoga Springs School District for the care of the East/West Side Recreation Fields Mayor Valerie Keehn moved and Commissioner Ron Kim seconded to authorize the Mayor to sign the agreement with the Saratoga Springs School District for the care of the east/west side recreation fields. Mayor Valerie Keehn said it was the same agreement as last year. The total amount is $50,000 for maintenance of the east and west side fields and $25,000 for capital improvements. Commissioner Thomas McTygue said he would not support this motion because the dollar amount has not changed in more than 20 years. The City’s costs have gone up to maintain the property. Ayes: four; Nays: one ( Commissioner Thomas McTygue). Motion carried . VLT Revenue Mayor Valerie Keehn said she received a phone call over the weekend informing her that it appeared as though the City would maintain the VLT funding in the 2008 state budget. She said the City will need to keep a close eye on this matter though. She noted that Governor Spitzer wanted to redistribute the funds using a more stringent poverty test. Many people lobbied on behalf of the City to maintain these funds. At this time, the City remains in the formula, however, we will need to keep on top of this. Commissioner Thomas McTygue said the City owes a great debt of gratitude to Senator Bruno. He said the City was maintaining this funding because of him. Commissioner Matthew McCabe said he would continue to use conservative numbers. ACCOUNTS DEPARTMENT Award of Bid – Emergency Response Vehicle Upon the recommendation of the Department of Public Safety, Commissioner John Franck moved and Commissioner Ron Kim seconded to award the bid for the Emergency Response Vehicle to Custom Rescue Vehicles of Great Neck, New York in the amount of $92,846 (lowest responsible bidder) and further move to authorize the Mayor to sign all necessary contract documents contingent upon the review of the City Attorney and the Risk & Safety Manager. Ayes all. Commissioner Ron Kim said there was a $50,000 grant from Senator Bruno to purchase this vehicle so the net cost to the City was $43,000. The money is in the capital budget. Grievance Class Commissioner John Franck said that for the second year he would conduct a class on “How to Grieve Your Assessment”. He said that he and Assistant Assessor Tony Popolizio, will give an overview of the grievance process, review the grievance form, collateral materials and how to use the on-line program to research property. This class is designed to assist the public in understanding a complicated process and maximize the effectiveness of the grievance process. The class will take place in early May at the library. The date will be finalized by the next City Council meeting. On Line Assessment Upgrade Commissioner John Franck announced that in conjunction with the Grievance class the upgrade to the on-line assessment system will be completed by May. He had pursued an aggressive schedule since winning the grant in March. This system will enable property owners to access even more detailed property information and search comparables by assessed value. FINANCE DEPARTMENT Budget Transfers – Water Fund Contingency 8 of 13 City of Saratoga Springs City Council Meeting Minutes Tuesday, April 3, 2007 Commis sioner Matthew McCabe moved and Commissioner Ron Kim seconded to move the entire water fund contingency from F 3739999 59010 to a new expenditure line – F3839989 59010, to better comply with the State Chart of Accounts. This has no effect on the remaining balance. The second is to cover the cost of the Interlaken – Hawk Drilling, in the amount of $9,820. This leaves $156,456.81 remaining in the water fund contingency line. These transfers are from the Water Fund contingency, into a water fund expense line. They have nothing to do with the general fund budget (Attachment E). Commissioner John Franck recused himself because Hawk Drilling is a client of his. Ayes all (four). Motion carried. Woodlawn Parking Lot RFP 2007-30 Commissioner Matthew McCabe said he planned to release the Woodlawn Parking Lot RFP tomorrow. The Council had seen the draft a few times. A review committee made up of a nominee from each Commissioner will be established. Joe Dalton, Chamber of Commerce, said it was important to have a developer of this parking lot that has a good financial backing. Commissioner Matthew McCabe said if there was no interest in this RFP, they would then look at creating another type of financing plan to move the project forward. Commissioner Ron Kim said that perhaps a lease/buy back program should be considered. He also questioned whether there would be any residential use. Commissioner Matthew McCabe said the details were outlined in the RFP. Commissioner John Franck asked what would happen if there was only one bidder as there was on Lillian’s parking lot. Commissioner Matthew McCabe said he did not want to see Bonacio Construction penalized because they were the only bidder on that project. State Budget and VLT revenue Previously discussed. DEPARTMENT OF PUBLIC WORKS South Broadway – NYSDOT Project (07-62) Commissioner Thomas McTygue said at the May 16, 2006, Council meeting the Council approved a capital budget amendment in the amount of $81,069 for the South Broadway project. He said in order to proceed with this project the Council needs to approve the NYSDOT resolution as presented. Therefore, Commissioner Thomas McTygue moved and Commissioner Ron Kim seconded to approve the South Broadway Supplemental Agreement as presented (Attachment F). Ayes all. NiMo Savings Account – Streetlights Commissioner Thomas McTygue moved and Commissioner Ron Kim seconded to use $14,569.20 from the Niagara Mohawk savings account for 4 decorative street light fixtures at the City Center (Grove Street ), City Hall, Arts Council building (at the corner of Spring Street and Broadway) and Starbucks (corner of Washington & Broadway). There is currently $21,813.22 in the account. Ayes all. Mayor Valerie Keehn asked if this was a revolving account. Commissioner Thomas McTygue said no. This account was set up a several years ago when Niagara Mohawk reimbursed the City for some overbilling. When the account is empty there will be no more funds going into it. 9 of 13 City of Saratoga Springs City Council Meeting Minutes Tuesday, April 3, 2007 Easement for National Grid – 41 Marion Avenue (07-63) Commissioner Thomas McTygue moved and Commissioner Ron Kim seconded to approve the easement with National Grid for the installation of an anchor at 41 Marion Avenue. Ayes all. Sale of Compost Commissioner Thomas McTygue said the City is taking orders for compost in the DPW office at City Hall. Orders must be in person and not over the phone. The cost is $13/per cubic yard. The City also delivers a minimum in the City for $98 per truck and outside the City at $128 per truck load. DEC Remediation Project at City Garage Commissioner Thomas McTygue requested that a public hearing be set for April 17 to discuss an amendment to the 2007 capital budget for the remediation project at the City garage. Commissioner Thomas McTygue moved and Commissioner Ron Kim seconded to enter into an agreement with Aztec for the remediation work required by DEC at the City garage contingent upon the funding from the 2007 capital budget. Bill McTygue said this was for site remediation only. He said that Aztec presented several scenarios to the City on remediation. This clean up requires extensive excavation in and around this area. He said during the public hearing, they will define the project more clearly. Mayor Valerie Keehn asked if they believed there had been other spills. Bill McTygue said no. They have not had any failures of hydraulic lines. Mayor Valerie Keehn said the original spill was 55 gallons, however, 85 gallons was pumped out. Bill McTygue said this is an open pit lift. They want to be sure there is no further migration of the oils. The floor of the pit is on granite rock and the pit was lined with concrete block. Mayor Valerie Keehn clarified that the cost for clean up is estimated between $85,000 and $100,000. Bill McTygue said yes. As a final part to this clean up, they need to replace the heavy lift system at a cost of about $90,000. Bill McTygue said they would follow the schedule as provided by Aztec. Mayor Valerie Keehn asked about fines by DEC. Bill McTygue said that while fines could be instituted, DEC has not suggested that they are interested in imposing fines at this time. DEC has not visited this site before. The City has provided photographs to DEC and the products have been labeled. Ayes all. American in Bloom Contest Commissioner Thomas McTygue moved and Commissioner Ron Kim seconded to accept the donation of $890 from Commissioner Thomas McTygue and Ned Chapman of Sunnyside Gardens to be used for the registration fee for the American in Bloom contest. Commissioner Thomas McTygue said this is a nationwide contest. He was in the process of putting together a committee to work on this project. The City will be grouped with four other cities of similar size – Beloit, Wisconsin; Kirkwood, Missouri; Norwich, Connecticut and Ithaca, New York. The judging will take place on July 9 and 10. Ayes all. Saratoga Environmental Expo Commissioner Thomas McTygue moved and Commissioner Matthew McCabe seconded to accept the booth rental donation in the amount of $175 for the Saratoga Expo. Commissioner Thomas McTygue said the event would be held on September 14 and 15 at the City Center and is free. DPW will host an information booth covering areas as compost, transfer station, Energy to Ice and other renewable energy sources. 10 of 13 City of Saratoga Springs City Council Meeting Minutes Tuesday, April 3, 2007 Ayes all. Interlaken Well System Commissioner Thomas McTygue said the Interlaken Well System is on line and pumping up to 124 gallons per minutes. The Interlaken Development is using approximately 20,000 gpd. He said with this new well 375 homes on the eastern ridge have been added to the City system. Within the next two weeks the second well will come on line. Create New Position – Inventory Clerk (07-64) Commissioner Thomas McTygue moved and Commissioner Ron Kim to create an Inventory Clerk position in the CSEA City Hall Unit contract at Grade 7, Step 1, 40 hours, effective April 9. There is approval from the Union on the inclusion of the position in this unit. The money is in the budget. Commissioner Thomas McTygue said he currently has an employee, who is a laborer, who could perform the inventory clerk duties. The inventory of DPW supplies/stock is a major undertaking. This position will also handle the City’s gas/electric bills. He has the money in his budget. The funding will come from the water budget, general budget and laborer line items. This is an opportunity for the City to hire an individual who is knowledgeable about City functions. This person will fill in when there is a person on vacation. This person will be required to take the competitive examination. Mayor Valerie Keehn asked if the laborer position would be eliminated when this person moves to the new position. Commissioner Thomas McTygue said this person would simply move from one position to another. He said the funds from the laborer position and part time clerk position would be used to fund the new position. Mayor Valerie Keehn said she was concerned that there might be some individuals overlooked for this new position and that this position was being created specifically for this individual. She said it was a patronage position being created for one person and he was overlooking the skills of existing personnel. She asked if the position had been advertised and why did he not interview. Commissioner Thomas McTygue said that the Mayor has patronage positions. This will be an open competitive examination. He said he was not aware of any laborer who could meet the qualifications listed in the job specification. However, anyone could take the examination. This position calls for a two year degree. Mayor Valerie Keehn suggested that Commissioner Thomas McTygue advertise interview then hire based on their qualifications rather than just moving someone laterally. Commissioner Thomas McTygue said it was unlikely there was anyone within the existing staff who would want the position because most of the City Hall staff is at 33 hours and this position is at 40 hours. He said this person would need to take the examination and score within the top three. Commissioner Matthew McCabe said that there has been some discussion that this position should be a city wide position to work on the Citywide fixed assets. He would not support this motion. Commissioner Ron Kim said he would support the motion, however, agreed that it should be looked at as a Citywide position. Ayes: three (Commissioners John Franck, Thomas McTygue and Ron Kim); Nays: two (Mayor Valerie Keehn and Commissioner Matthew McCabe). Motion carried. DEPARTMENT OF PUBLIC SAFETY New Country Toyota – Hold Harmless Commissioner Ron Kim moved and Commissioner Matthew McCabe seconded to approve the annual lease and hold harmless agreement with New Country Toyota for the car. Ayes all. Local Law – Three Strikes You’re Out (07-65) Commissioner Ron Kim moved and Commissioner Thomas McTygue seconded to approve the local law on three strikes you ’re out. Ayes all. Alternate Side Parking on Greenridge Place – Set Public Hearing 11 of 13 City of Saratoga Springs City Council Meeting Minutes Tuesday, April 3, 2007 Commissioner Ron Kim requested that a public hearing be set for the next Council meeting on the alternate side parking on Greenridge Place. East Beekman Street two hour parking – Set Public Hearing Commissioner Ron Kim requested that a public hearing be set for the next Council meet on two hour parking on East Beekman Street. Stop Sign on Tommy Luther Drive – Set Public Hearing Commissioner Ron Kim requested that a public hearing be set for the next Council meeting on the stop sign on Tommy Luther Drive. Parking Ticket Income Commissioner Ron Kim said that in December 2006, the City hired Complus to work on the parking ticket system and collection of old tickets. He said at this time it is not yet possible to break down the collection on the old tickets, however, he would have that information within the next month or so. The capabilities of this new system allows for late notices to be sent out by Complus. Crossing Guard Salary Range (07-66) Commissioner Ron Kim moved and Commissioner Matthew McCabe seconded to increase the salary range for crossing guards to $8.50/hour (starting), $9.50/hour (after 5 years of service), $10.00/hour (after 10 years of service) $11.00 (after 15 years of service) effective April 7. Mayor Valerie Keehn said she did not support this increase because she was opposed to the original action of changing Local Law 25 and felt that allowing salary increases throughout the year was not fiscally responsible. Her vote had nothing to do with whether the Crossing Guards deserved a raise or not. Ayes: four; Nays: one (Mayor Valerie Keehn). Motion carried. Public Safety Garage Summer Help Salary Range (07-67) Commissioner Ron Kim moved and Commissioner Thomas McTygue seconded to increase the salary of the public safety garage summer help to $12.00/hour. He explained that these were difficult positions to fill because they work the evening shifts in order to get the stripes painted on the streets. Mayor Valerie Keehn said she did not support this increase because she was opposed to the original action of changing Local Law 25 and felt that allowing salary increases throughout the year was not fiscally responsible. Her vote had nothing to do with whether the garage summer help deserved a raise or not. Ayes: three (Commissioner John Franck, Thomas McTygue and Ron Kim); Nays: two (Mayor Valerie Keehn and Commissioner Matthew McCabe). Motion carried. SUPERVISORS Cheryl Keyrouze Land Preservation: Cheryl Keyrouze said the County is working on implementation of the green infrastructure plan. The County Planning Department will develop maps for all of the towns/municipalities in the County which will keep them aware of the green space areas. She also noted that the grant applications for green infrastructure would be distributed in the next few weeks. Social Program Committee: The meeting was cancelled, however, she had spoken to Bob Christopher on several of these issues. 12 of 13 City of Saratoga Springs City Council Meeting Minutes Tuesday, April 3, 2007 NYS Horse Park: The web site will be up and running in a couple of days. She recently met with Saratoga County Cornell Cooperative Extension staff and Mike Russo, Congresswoman Kristen Gillibrand’s staff on the horse park proposal. Transportation: Cheryl Keyrouze said she recently attended the Senior Transportation committee meeting and found that most of their items were similar to her committee’s items. Therefore, they agreed to join the committees. Electronic Funding for Childcare Meeting: withdrew PUBLIC COMMENT PERIOD Mayor Valerie Keehn opened the second public comment period. There being no one wishing to speak, Mayor Valerie Keehn closed the second public comment period. ADJOURNMENT Commissioner Matthew McCabe moved and Commissioner John Franck seconded to adjourn the meeting at 10:45 p.m. There being no further business, Mayor Valerie Keehn adjourned the meeting at 10:45 p.m. Respectfully submitted, Kathy Moran Approved: Clerk 13 of 13