City Council

City of Saratoga Springs City Council Meeting Minutes Tuesday, April 17, 2007 CITY OF SARATOGA SPRINGS CITY COUNCIL MEETING CITY COUNCIL ROOM TUESDAY, APRIL 17, 2007 6:30 P.M. PRESENT : Valerie Keehn, Mayor Commissioner John Franck, Accounts Commissioner Ron Kim, DPS Commissioner Matthew McCabe, Finance Commissioner Thomas McTygue, DPW SUPERVISORS : Joanne Yepsen STAFF PRESENT : Lynn Bachner, Deputy Commissioner, Finance Michele Boxley, Deputy Commissioner, Accounts Patrick Design, Deputy Commissioner, DPW Michael Englert, City Attorney Eileen Finneran, Deputy Mayor Bill McTygue, Director, DPW PUBLIC HEARINGS Stop Sign on Tommy Luther Drive Commissioner Ron Kim said this was a public hearing to add stop signs on Tommy Luther Drive at Karner Drive and on Karner Drive and Larkspur Drive. Mayor Valerie Keehn opened the public hearing. Kathy Murphy, 7 Larkspur Drive, encouraged the Council to adopt this ordinance. She said there are young children in this area and cars are driving too fast. She also asked that some consideration be given to erecting “children at play” signs and speed limit signs. Molly Gagne, 22 Vichy Drive, supported this ordinance and asked that Council members adopt it. She said this issue comes up at every Southside Neighborhood Association meeting. There being no one else wishing to speak, Mayor Valerie Keehn closed the public hearing. Alternate Side Parking East Beekman Street Commissioner Ron Kim said this is a proposal to change the parking to alternate side parking on East Beekman Street. He said he was not proposing to vote on the matter this evening and will keep the public hearing open. There are still some issues that they are trying to work out. Mayor Valerie Keehn opened the public hearing. Jeff Roberts, 86 Washington Street, owner of Dominos Pizza, said the alternate side parking would have an adverse impact on his business and the hair salon business. He did not support this proposal. Alternate Side Parking on Greenridge Place Commissioner Ron Kim said that this is an old 26 foot wide street where they are proposing to have alternate side parking. Most of the residents have driveways. 1 of 13 City of Saratoga Springs City Council Meeting Minutes Tuesday, April 17, 2007 Mayor Valerie Keehn opened the public hearing. There being no one wishing to speak, Mayor Valerie Keehn closed the public hearing. Capital Budget Amendment Commissioner Thomas McTygue said this is a capital budget amendment for the remediation work at the DPW garage and the purchase of a hydraulic lift. He said the capital budget amendment is for $200,000 -- $85,000 for the spill, $90,000 for the hydraulic lift and $25,000 contingency. Mayor Valerie Keehn opened the public hearing. There being no one else wishing to speak, Mayor Valerie Keehn closed the public hearing. Local Law #7 Adult Use Moratorium Extension Mayor Valerie Keehn said this is a local law for the extension of the adult use moratorium until June 30, 2007. She said in the event that the Council completes its consideration of amendments to the Code prior to that time, the Council may terminate the moratorium. She said she had asked the Planning Board to reexamine the overlay on where these businesses might be located. Mayor Valerie Keehn opened the public hearing. Kathy Murphy, 7 Larkspur Drive, said she did not support the location of Grande Industrial Park for adult uses. She said there are many homes, a school and bike paths in this area and this is not an appropriate area for this use. She encouraged the Council to not place adult uses in this area. There being no one else wishing to speak, Mayor Valerie Keehn closed the public hearing. OTHER Mayor Valerie Keehn expressed the Council’s sympathy to the student body at Virginia Tech. She said the loss of life was incomprehensible and it was difficult to comprehend as the events unfolded. She said the residents are thankful that children of the local families are safe but there are many families that have difficult times ahead. Commissioner Ron Kim said a few months ago the Police Department did mock shooter training at the high school. He said they have been proactive in addressing this matter and they will be doing more of these types of mock events in the near future. CALL TO ORDER Mayor Valerie Keehn called the meeting to order at 7:00 p.m. PUBLIC COMMENT PERIOD Mayor Valerie Keehn opened the public comment period. Shauna Sutton, 141 Nelson Avenue, said there was some confusion with the Downtown Parking Plan and the Downtown Transportation Plan. Many residents have questions. Many residents signed petitions opposing the Downtown Transportation Plan with the one lane configuration, roundabouts, etc. She said there needs to be a very open process on these matters. The Council needs to ensure open government and that requires that residents be informed, costs need to be identified and the residents need to know how their tax dollars are being spent. The Council needs to set its priorities. There is a $54 million parking plan being supported by the Mayor, $30 million for a new police station and EMS facility is supported by Commissioner Kim and there is an $8 million transportation plan which totals more than $90 million. She said priorities need to be set. David Bronner, 5 Royal Henley Court, distributed pictures of what appeared to be a landfill at the recreation area site on Weibel Avenue. He said there are materials such as bottles, tarps, tubing, etc. He said that DPW has been dumping and pushing the material to build the elevation. This is unacceptable for a site where a recreation center could be constructed. He had brought this to the Council’s attention on January 3. This 2 of 13 City of Saratoga Springs City Council Meeting Minutes Tuesday, April 17, 2007 morning DPW started to clean up the site. There is a massive amount of contaminated fill being dumped there. He noted that someone called the police on him as trespassing. Tony Canzone, Saratoga Horse and Carriage, on behalf of the members of the Saratoga Expo, thanked all of the Council members and Supervisors for making the Saratoga Expo a very successful event. Jennifer Leidig, 11 Pearl Street, said the Saratoga Expo could not have been as successful as it was without the support of the Council members and all of the other politicians who participated. She also thanked the Mayor for recognizing Mae Banner this evening. Hillary McClellan, 101 Street, said she too visited the illegal dump site at the recreation site and it is a travesty. It’s a risk for the City. The City could be fined. She suggested that the City have a clear policy on how it handles this kind of material and that it should be on the web page. The residents need to be assured that DEC guidelines are being followed. She said the removal of the material was disturbing because it was done quickly and she wondered where it was taken. She said the DPW employees were able to respond quickly to removing this material, however, they were not able to assist the Arts Council in carrying out a matching grant and now that grant has been lost. Kyle York, 59 Railroad Place said he had worked for DPW. He encouraged the Council to continue to family fun day on July 4 in Congress Park. He said he would volunteer to work and would contribute $1,000. Jeff Kelly, 20 Excelsior Spring Avenue, said there is a sink hold on Excelsior Spring Avenue that keeps returning – three times in the last ten years. He suggested that the road be made a dead end that the Spring Run be allowed to run through the area. He said it would be an inexpensive solution. He talked to 9 of the 11 residents in this area and they are in favor of making the road a dead end road. Nancy Wagner, 17 Sherri Road, thanked the Council and the Planning Board for considering their request to rezone a parcel in their neighborhood. She said that after many meetings and discussions, the Planning Board was able to enlighten the neighbors that the change would have a larger impact on the residents. Therefore, they now support maintaining the existing zoning. She said this is a process that works and they were grateful to the Planning Board and City staff for getting them through this process. Craig Clark, 40 Walton Street, said that Lillian’s parking lot should remain on Broadway. He said the much needed repairs are estimated somewhere between $300,000 and $500,000 which is cheaper than constructing a new lot. This is a 43 space lot. The City recently spent $2.6 million for 110 parking spaces on Woodlawn Avenue. If the deterioration of the Lillian’s parking is due to the ventilation from the adjacent restaurants then those private businesses should be part of the solution. Wilma Koss, 160 Kaydeross Park Road, President of the SLA and also representing Ed Dweck, SLIPD, said that SLIPD will sponsor fireworks as well this year. She said she had toured the dumping area and it appeared that David Bronner brought up some valid concerns. There should be only clean fill being brought to this area. She was concerned that this illegal dumping was being done in the watershed area. Commissioner Thomas McTygue said it was too bad that the residents contacted the newspapers before contacting his office. He said it is not an illegal dump site. There is a ravine and they are raising the elevation. He took responsibility for some of the material being brought to the site that was inappropriate and they have spoken to the City employees and supervisors on making sure that certain material is no longer dumped there. However, there is quite a bit of other dumping being done. He said the PBA experiences dumping frequently on their land and in their dumpsters. He said DPW is also frustrated that people dump in this area and then DPW must haul it away and pay for it. The individuals who spoke this evening should have contacted his department. He also said that the site will now be posted so that if someone is caught dumping there will be legal recourse. He said they recently found tires and the City disposes of its tires in an appropriate manner. Commissioner Thomas McTygue said the concern of the watershed was slight. He reminded everyone that directly across the street is the City’s old landfill. There being no one else wishing to speak, Mayor Valerie Keehn closed the public comment period. PRESENTATIONS 3 of 13 City of Saratoga Springs City Council Meeting Minutes Tuesday, April 17, 2007 None MAYOR’S DEPARTMENT Proclamation – In Memoriam Mae Banner (07-68) Mayor Valerie Keehn read the following proclamation and presented it to her family members. IN MEMORIAM MAE BANNER 1933 – 2007 Mae Banner, a longtime resident of Saratoga Springs whose thoughtful commentary on dance and the performing arts entertained and enlightened readers for more than two decades, passed away on Friday, April 6, 2007. Mae was a great practitioner of a complex and highly specialized kind of journalism. She wrote about dance and dancers not just as a critic or entertainment reporter, but also as a historian and teacher. For her, dance was a part of our history and a part of our daily life, and she also wrote to reach casual readers as well as the most dedicated dance enthusiasts. In the many years to come, through the countless artists, writers, students and fans her words inspired, she will continue to reach them. On behalf of the people of Saratoga Springs, this Council recognizes and honors Mae Banner and her outstanding contribution to our community. Rotary Exchange Program Mayor Valerie Keehn said that she had a wonderful conversation today with the Rotary Exchange Program gentleman, Pedro, from Brazil. He is a Business Administrator from a community of 100,000 residents. She said it was a delight to talk to him and she looked forward to sharing information with him. Commissioner Thomas McTygue said it was his understanding that Pedro was to visit his department, however, that did not happen. He encouraged him to stop by anytime to see what’s going on in DPW. CONSENT AGENDA Commissioner Ron Kim moved and Commissioner John Franck seconded to approve the consent agenda as presented. 1. Approval of Minutes: April 3, 2007 2. Approval of Payrolls: 4/5/07 $393,035.48 4/13/07 $389,321.76 3. Approval of Warrants: Mid MC1APR07 $144.040.31 General 2APR07 $262,580.43 4. Approval of Budget Transfers – Payroll (Attachment A) 5. Approval of Budget Transfers – Regular (Attachment B) 6. Approval of Budget Amendments (Attachment C) Ayes all. MAYOR’S DEPARTMENT City Historian – Annual Update MaryAnn Fitzgerald, City Historian, presented her annual report on her office. She said she just finished her third year as City Historian and it was an honor and privilege to be the City’s Historian. She recognized the many volunteers in her department. She said people come from all over with questions on the City. Recently she had a film crew from Germany doing a story on potato chips, which were created in the City. She said many were interviewed and are part of the film. The film will be premiered on Thursday, May 10 at the public library at noon and she encouraged everyone to attend. She also noted that a program was recently completed on disappearing neighborhoods in the City. A written copy of her annual report will be in the Mayor’s office within the next few days. DEPARTMENT OF PUBLIC WORKS 4 of 13 City of Saratoga Springs City Council Meeting Minutes Tuesday, April 17, 2007 Resolution for Grant Application for Save America’s Treasures (07-69) Commissioner Thomas McTygue moved and Commissioner Ron Kim seconded Council to approve a resolution for a federally funded grant application sponsored by the Historic Preservation fund grant for the Canfield Casino. Commissioner Thomas McTygue said that Carrie Woerner, Executive Director of the SSPF, assisted his office in formulating this application and she was here to answer questions. Carrie Woerner said this is a federal program administered through the National Park Service. The Casino is the only building in the City that is eligible because it is a National Historic Landmark. This is a 100 percent matching grant. The total applied for is $1.282 million. The program would be completed over the course of two or three years. The match could come from capital funding and/or labor. They SSPF will do some fundraising as well. It’s a comprehensive program that includes items such as the roof, drainage and other large items. They were very competitive in the last application and they believe this is a stronger application. It was noted that Casino is usually funded each year in the capital budget. Ayes all. Earth Day – April 22, 2007 Mayor Valerie Keehn said that Earth Day is April 22. She was recently approach by three young gentlemen – Matt Beckwith, Devan Stegman and Dan Ritten calling themselves the Team Green members. The young gentlemen explained that on May 12 at the East Side Recreation field they will sponsor a global warming event. They will have small trees and environmentally friendly light bulbs available. There will be a raffle with the prize donated by the Baseball Hall of Fame. They are looking for publicity and participation. All of the profits raised from this event will go to the preservation of the rain forest. They re also looking for suggestions from Council members. The purpose of this program is to educate the public on global warming. They said that what started them on this path was the Al Gore film, “An Inconvenient Truth”. Modify Urban Renewal Decision for 38 Caroline Street (07-70) Mayor Valerie Keehn said that Douglas Dockendorf recently purchased 38 Caroline Street and wanted to make some improvements to the exterior landscaping/patio area. It was brought to his attention that the existing exterior seating area was never formally permitted and that it was part of the urban renewal plan to be used for parking only. She said under current legislation, the Council is the Urban Renewal Agency and can amend this criteria. Mike Phinney, Phinney Design and Douglas Dockendorf, owner, appeared before the Council. Mike Phinney said the owner is just trying to make some improvements and they are at a standstill. Commissioner Thomas McTygue said there is a large drainage system under this patio area and there can be no permanent structures built there. Douglas Dockendorf said that issue had been resolved with the Planning Board. He said the area could have housed five or six parking spaces, however, it was landscaped into a patio area nearly 12 years ago. The area would remain the same as it is now with some additional landscaping. Michael Englert said there is a provision within the deed that the Council can modify the use. Mayor Valerie Keehn moved and Commissioner Ron Kim seconded to accept the modification to the Urban Renewal Decision that the area at 38 Caroline Street be used as a patio area and not a parking area. Ayes all. Saratoga National Little League Batting Cages Hold Harmless Mayor Valerie Keehn moved and Commissioner John Franck seconded to approve the Hold Harmless Agreement between the City and the Saratoga National Little League for the batting cages . Kathy Lanfear, Recreation Commission, the Saratoga National Little League would construct batting cages on the west side. All of the material will be donated. The league will pay for the construction. 5 of 13 City of Saratoga Springs City Council Meeting Minutes Tuesday, April 17, 2007 Ayes all. Saratoga American Little League Batting Cages Hold Harmless Mayor Valerie Keehn moved and Commissioner Thomas McTygue seconded to approve the Hold Harmless Agreement between the City and the Saratoga American Little League for the batting cages. Kathy Lanfear, Recreation Commission, that the Saratoga American Little League would construct batting cages on the east side. All of the materials will be donated. The league will pay for the construction. Ayes all. State Farm Donation of FFE Mayor Valerie Keehn moved and Commissioner Thomas McTygue seconded to accept the donation of FFE from State Farm. Items included in this donation are 5 desks, 5 desk returns, 14 chair, 1 table and 2 locking file cabinets. It was noted that Recreation Board member Derrick LeGalle had arranged for this donation. Ayes all. 2007 Soccer at the Saratoga Gaming & Raceway Mayor Valerie Keehn announced that the Saratoga Gaming & Raceway will once again allow the City to use their lots on Nelson Avenue for the spring and fall soccer programs. Kathy Lanfear said that Skip Carlson, had been very generous over the years to allow the City to use these fields and the City truly appreciates the offer. Local Law#7 Extension Adult Use Moratorium (07-71) Mayor Valerie Keehn moved and Commissioner Thomas McTygue seconded to adopt local law #7 to extend through June 30, 2007, the moratorium on approvals, permits and licenses for adult use establishments enacted by local law #2 for the year 2006. Mayor Valerie Keehn said she had asked the Planning Board to review the overlay districts again and they have agreed to do so. Ayes all. Parking Plan Mayor Valerie Keehn said she had distributed a proposal which explores the possibility of providing dedicated monies for the Downtown Parking Plan. She said after numerous studies and reports, it is her hope that the City can partner with organizations such as the DBA, SAD and the Chamber to move forward to address parking, traffic and a multi-modal transportation center. The Downtown Transportation Plan is a 20 year plan. Geoff Bornemann, City Planner, said the Downtown Transportation Plan will be delivered to the Council within the next week or two. It is a multi-modal plan that comprehensively addresses the needs of the community. It is a private/public investment. Most of the money will come from the private sector from the new development. This is an opportunity for the Council to meet the needs of the future. This plan will be discussed over the next several months at meetings, workshops and public hearings. The plan will also be posted on the City’s web site. Mayor Valerie Keehn said she supports open government and the information will get out to the public through meetings, workshops and public hearings. 6 of 13 City of Saratoga Springs City Council Meeting Minutes Tuesday, April 17, 2007 Commissioner John Franck said he was somewhat confused this evening. The item is listed on the agenda as the parking plan but the Mayor is discussing the Downtown Transportation Plan. He asked about the CDTC plan. Geoff Bornemann said the CDTC plan is the bus route plan. The Transportation Plan supports the CDTC plan. Commissioner John Franck said there was some confusion on the parking spaces. Geoff Bornemann said the Transportation Plan mentions 100 public parking spaces but goes on to say that with new growth there will need to be at least 3,000 private parking spaces. This plan requires that the private sector build or contribute to the plan for those parking spaces. There needs to be a public/private partnership. The majority of the work will be privately financed. Commissioner John Franck asked if the Council did not move forward on this plan would the grant need to be refunded. Geoff Bornemann said no. He said this plan will allow for a mitigation fee for downtown transportation improvements. If the plan is not adopted, the City cannot collect the fees. Commissioner John Franck asked about the roundabouts. Geoff Bornemann said their plan does not contain the roundabouts. It was an option, but was not recommended. However, the intersection at North Broadway and Route 50 is controlled by the state so a roundabout could be constructed there. He said though that DOT is responsive to the City’s concerns so before it was considered, there would be quite a few discussions. Commissioner Matthew McCabe asked if the funding mechanism could be implemented without this plan. Geoff Bornemann said no. State law requires that a plan be in place before fees are collected. This is a comprehensive package with a quarter of the money coming from developers, a quarter from the City and the rest through private/grants. Commissioner Matthew McCabe said there is a reserve parking structure fund and asked if that reserve could be used to collect fees. Geoff Bornemann said if the Council was to adopt an amendment to the Zoning Ordinance that the City is unable to meet its parking demands, fees could then be collected to be used for those items. Commissioner Ron Kim said that if the Council adopted the Downtown Transportation Plan it could be modified by subsequent Councils. He said the Council does not lose control by adopting this plan. Geoff Bornemann said the important issue was that the City could not collect any fees without this plan. He said there needs to be a plan, however, the Council controls the plan. Commissioner Ron Kim said the Route 50 corridor is one of the more dangerous corridors in the state. Mayor Valerie Keehn said the City has been involved with DOT on the plans for the Route 50 corridor. Geoff Bornemann said initially there was a $10 million plan, however, it has been reduced significantly to only fund pedestrian and traffic signal improvements. The City views that as a temporary fix. Mayor Valerie Keehn asked why the mandated development parking fee was removed from the Zoning Ordnance. Geoff Bornemann said it was removed in the 1990s when there was not much development in the downtown area. It was viewed as an impetus to jump start construction, but it was also viewed as a temporary measure. The Downtown Transportation Plan recommends that it be instituted again. Commissioner John Franck said this plan is flexible and he believed the details could be worked out during workshops. However, he did not want to adopt a plan that simply didn’t make sense. He had some concerns that can be addressed during the workshops. He said the Council cannot depend on the next Council to modify these plans. ACCOUNTS DEPARATMENT Award of Bid – Police Dept Electrical Renovations Upon the recommendation of the Department of Public Safety, Commissioner John Franck moved and Commissioner Ron Kim seconded to award the bid for the Police Department electrical renovations to Farina Electric in the amount of $66,195 with a $3,151 contingency for a total amount of $69,346 and I further move to authorize the Mayor to sign all contract documents contingent upon review by the City Attorney and the Risk & Safety Manager. Ayes all. Award of RFP - Nelson Avenue Drainage Upon the recommendation of the Department of Public Works, Commissioner John Franck moved and Commissioner Thomas McTygue seconded to award the RFP for the Nelson Avenue drainage to Stantec Consulting Services (formerly Vollmer Associates) in the amount of $134,800 and I further move to 7 of 13 City of Saratoga Springs City Council Meeting Minutes Tuesday, April 17, 2007 authorize the Mayor to sign all contract documents contingent upon review by the City Attorney and the Risk & Safety Manager. Bill McTygue, Director DPW, said there have been some water issues in this area over the last few days and this was an important project that needed to get underway. There has been flooding in the Nelson/Vanderbilt/Lincoln Avenue area due to the recent rains and it is backing up into the sanitary sewer. This is for the initial engineering preliminary design. A comprehensive drainage plan will be developed using the storm sewer system from Union and East Avenues. The lines will go through the NYRA parcel. The award of this RFP is an important first step to get phase one under way. He said they are also reevaluating their capital construction program to move this project up. Commissioner Thomas McTygue said there is a very high water table in this area and residents have tied their sump pumps into the sanitary sewer which exacerbates the problem. He said they have been trying to fund this project for several years. They are now looking at a three to five year program much like the utility improvements that took place near the hospital. The completion of this project will have a huge impact to this neighborhood. He said he hoped to get the line through the NYRA parcel this fall. There is money if the budget for this first step. Ayes all. Gick Road Zoning Amendment Commissioner John Franck said that pursuant to the Council’s request of February 7, 2007, the Planning Board reviewed the proposed zoning map amendment to change the 23-acre area at 30 Gick Road from Transect 4 – Urban Neighborhood District to an Office/Medical Business District. The Planning Board reviewed the proposed text amendment at their March 7,March 21, and April 4 meetings. Following the discussion at the April 4 meeting the Planning Board voted 6-0 on a motion to issue an “unfavorable” advisory opinion on a proposed map amendment. The Board recommended that the area remain in the T-4 zoning. The Planning Board concluded the overall impacts of the development of the area under the new development guidelines would be less than that of the T-4 or the OMBD zoning. He said that he had spoken with the neighbors in the Gick Road area and they are in agreement with the Planning Board’s conclusion, therefore, no action will be taken. Energetix/NYSEG Solutions Contract Upon the recommendation of the City’s consultant, Energy Next, Commissioner John Franck moved and Mayor Valerie Keehn seconded to contract with Energetix/NYSEG Solutions for the City’s gas supply at the market based pricing and I further move to authorize the Mayor to sign all contract documents contingent upon the review of the City Attorney and the Risk & Safety Manager. Mayor Valerie Keehn asked if this was competitively bid. Commissioner John Franck said yes. Mayor Valerie Keehn asked questions on how this firm was selected, the market rate cost and other items. Deputy Commissioner Michele Boxley said the City is a member of the Chamber and as part of that membership may participate in the energy consortium to purchase gas. The firm is called Energetix. This is similar to the electricity contract with Hess that the Council recently approved. Deputy Commissioner Michele Boxley said the material was distributed to Council members on April 10. She said the City’s Consultant, Energy Next, has recommended that the City go with the market price. Mayor Valerie Keehn asked if the City could lock in at any point. Deputy Commissioner Michel Boxley said yes. Mayor Valerie Keehn asked if the consultant was Gordon Boyd. Deputy Commissioner Michele Boxley said yes. She said she could not respond to the specific detailed questions on the market price, savings, quantities, the specific account details, etc. Commissioner John Franck said if the Mayor had such detailed questions, she should have said something at the pre-agenda meeting and the consultant could have been made available this evening. Mayor Valerie Keehn moved to table the motion. There was no second. Deputy Commissioner Michele Boxley said the contract needs to be approved by April 27. She said the City has been in this consortium for quite some time. Commissioner John Franck said it was begun under Commissioner Ben Mirling’s tenure. Mayor Valerie asked if the City would be penalized if the usage went down. Commissioner John Franck said these are very technical questions that should be asked of the 8 of 13 City of Saratoga Springs City Council Meeting Minutes Tuesday, April 17, 2007 consultant and again the Mayor should have told him that she had specific questions so the consultant could have been made available. Commissioner Ron Kim asked if the questions could be answered by April 27. Commissioner Thomas McTygue said this was more trickery on the Mayor’s part. He said the purpose of the agenda meeting is to let the Council members know of questions so that staff has time to find the answers or to bring the experts to answer the detailed question. Had the Mayor let this be known, the consultant could have been here. He said the main point is that there has been a major savings on the City’s part by using this company. It’s good for the City. Mayor Valerie Keehn said she needed to see the numbers to know whether it was good for the City. She said if there is such a great savings, then Gordon Boyd should be here to explain it. Commissioner John Franck said it had been proven that the City saved money by not locking in under the last contract. The Mayor has had this contract since April 10 which allowed plenty of time for her to ask these questions. Mayor Valerie Keehn said these matters need to be discussed in public. Commissioner Ron Kim agreed. Commissioner John Franck asked why have pre-agenda meetings. If the Mayor had questions, she should have given him the opportunity to bring the consultant so the questions could be answered. Mayor Valerie Keehn said she has valid questions that need to be answered. She said items have been tabled on several occasions in the past, this is not something new. She said these questions need to be answered to eliminate any conflict of interest. Commissioner Matthew McCabe said he was going to support this motion and would not support tabling the matter. He did not want to interrupt the City’s service or to call a special meeting. The contract needs to be executed and the City needs to move forward. He suggested that if there was a concern with conflict of interest, then perhaps it should be forwarded to the Ethics Committee. He said this is a commodity that the City needs to buy. Mayor Valerie Keehn said this is a half million dollar investment. Commissioner Thomas McTygue disagreed saying it is not an investment – it was a purchase. The City is not paying any contractor and there is no investment. Commissioner John Franck said the City can purchase power on its own or through the consortium. Ayes: four, Nays: one (Mayor Valerie Keehn). Motion carried. Rate Sheet – Parking Deck Sign Program (07-72) Commissioner John Franck said as a next step in the implementation of the Parking Deck Sign Program, the rate sheets for the signs were included in their packet. I am presenting these as a new source of revenue for maintenance and construction of the parking decks. The costs are as follows: One time setup fee Horizontal $436.00 Vertical $448.00 Monthly Rate Local $150.00/month Regional $500.00/month National $750.00/month Therefore, Commissioner John Franck moved and Commissioner Matthew McCabe seconded to approve the rates as presented. Commissioner John Franck said the motion this evening was for rates only and the details of where the money was to go would be worked out with the Finance Department. He said it was his hope that the funds could be used to cover the cost of maintenance of the parking structures and possibly construction. Ayes all. Grievance Class 9 of 13 City of Saratoga Springs City Council Meeting Minutes Tuesday, April 17, 2007 Commissioner John Franck said the class on how to grieve your assessment has been set for Tuesday, May 8 from 7:00 to 9:00 pm in the Council Room. Last year there were approximately 30 people. He said grieving an assessment is a difficult process and this class would educate residents how to do so. FINANCE DEPARTMENT Investment Policy (07-73) Commissioner Matthew McCabe moved and Commissioner John Franck seconded to adopt the Investment Policy as presented. Commissioner Matthew McCabe said this was simply an annual update of this policy. It was first adopted in 2003. The City is in compliance with the charter. Commissioner Ron Kim asked if the Council had ever considered placing restrictions on the vendors on where their investments are held. He said there is a whole morale/ethical question to consider. Commissioner Matthew McCabe said there could be some discussion on this, however, the City’s hands were tied as to where it could place its money. He said the majority of the City’s money is in secured items such as CDs. Commissioner Ron Kim suggested something such as a preamble which states that the City promotes doing business with certain institutions because of their investment policies. Commissioner Matthew McCabe said the Council could discuss that philosophy. He said he could also do a presentation on how investments are made, where the City has its money, etc. Ayes all. DEPARTMENT OF PUBLIC WORKS Amend Capital Budget for Remediation work at City Garage Commissioner Thomas McTygue moved and Commissioner Matthew McCabe seconded that the 2007 capital budget be amended for the City garage spill remediation program and building reconstruction and lift replacement. This will be in the amount of $200,000 as follows: $85,000 for remediation /reconstruction, $90,000 for new vehicle lift system and $25,000 contingency. Bill McTygue, Director DPW, said Aztec will begin the work in the next few days. Mayor Valerie Keehn asked exactly what will they do. Bill McTygue said they have a plan that identifies several scenarios depending on what they find under the floor. The existing lift will be removed, there will be excavation of the floor and site testing. The plan has been reviewed with DEC. Mayor Valerie Keehn asked if the entire floor would be removed. Bill McTygue said only a section. Mayor Valerie Keehn asked why the contingency was necessary. Bill McTygue said it was for unforeseen work. He said they hoped the project would come in less than budgeted, however, they have budgeted for the worse case. Mayor Valerie Keehn asked how this would impact the capital budget. Commissioner Matthew McCabe said this motion will make the funds available. The City will be going out to bond soon. Mayor Valerie Keehn said there was a prior report of a spill to DEC. Bill McTygue said he was not aware of a prior report to DEC on a spill in this area. He said it would be prudent for the City to speak with one voice when talking to DEC. If the Mayor wants to take control of the project, that needed to be discussed. Mayor Valerie Keehn said she called DEC because Bill McTygue said there were no previous reports of spills. She said DEC has told her otherwise. Bill McTygue said he did not believe there were any previous issues with the lift system. He said they have been working with DEC on a plan to correct this matter. Commissioner John Franck said that the Mayor continues to say that she talks to “people”. He asked who are those people. He said if there are issues such as previous spills that could be a liability for the City and it should be discussed with him. Commissioner Thomas McTygue said his department has shared all of the correspondence from DEC with the Mayor’s Office. He said if there are questions, the Mayor should have discussed it with his department. Bill McTygue said there was an oil tank spill in another location at the garage many years ago and asked if that might be what the Mayor was referring to. 10 of 13 City of Saratoga Springs City Council Meeting Minutes Tuesday, April 17, 2007 Mayor Valerie Keehn said there was a hotline call to DEC on a spill at the garage. Bill McTygue said that if that was the case, then DEC would have come, there would have been a plan and the case would then have been closed. He said he does not recall DEC coming to the site before this time. Mayor Valerie Keehn said she would call DEC tomorrow and clarify. Bill McTygue asked what any of this had to do with today’s matter. Mayor Valerie Keehn said it has to do with the fact that at the last meeting she asked what had been spilled and how much was pumped out. She said that Bill McTygue responded that 55 gallons had been spilled and 85 gallons had been pumped out. Bill McTygue said the pumping out would have included the recharged water from within the ground as well as the spill. Mayor Valerie Keehn said the goal is to get the information out to the public. She said the gentlemen at DEC whom she had spoken to was Michael DiPietro. Commissioner Thomas McTygue again said that all of the DEC documents had been shared with the Mayor’s Office. They have not tried to hide anything. He said the Mayor was distorting the truth. Ayes all. July 4th in Congress Park Commissioner Thomas McTygue said Saratoga Gaming and Raceway is having fireworks on July 3, the Saratoga Lake Association is having fireworks and SPAC will have them on July 4. He said it was not his intention of hold the family fun day on July 4 this year in Congress Park. He said this initially started out as a smaller family event which allowed the local not-for-profits to come in and sell their wares. However, because of the insurance matters and DOH regulations, it is now only the commercial vendors that come. There is alot of work that goes into this and because it is a holiday, there is a lot of overtime that is required. He said there are often too many people in the park now. He said the three other venues will be doing wonderful displays of fireworks and he did not believe that it was necessary for the City to do another. He has put in a call to SPAC to discuss whether SPAC will be letting people in for free that night. He said if any Commissioner is willing to take on this project, collect donations, deal with clean up, etc. they could do so. He said though that he did not think it was necessary to have four fireworks displays. Commissioner Matthew McCabe asked about a family day in the park with music and activities that ends before fireworks. Commissioner Thomas McTygue said that if a Commissioner wanted to take on that responsibility he/she could do so. Mayor Valerie Keehn suggested that perhaps the DBA might want to take it on. Commissioner Matthew McCabe said he would give it some thought. Resolution for Grant Application for Save America’s Treasures Previously discussed. Saratoga Environmental Expo Commissioner Thomas McTygue said this was a very good event that educated the public on what the City has been doing with the compost program, the cogen/energy to ice program and wind energy. He said it was a good event that was well attended. Change Order Ryan & Biggs for Putnam Street Parking Garage Commissioner Thomas McTygue moved and Commissioner Ron Kim seconded to authorize the Mayor to sign a contract with Ryan Biggs to do the inspection work for the rehabilitation of the Putnam Street parking garage in the amount of $18,000. They did the original design for the project and the money is in the capital budget for this work. Mayor Valerie Keehn asked if this was an increase to the project cost. Commissioner Thomas McTygue said Ryan Biggs put the specs together on this project. This contract is for them to do the inspections of the rehabilitation work. The total cost of the project is approximately $400,000. This will ensure that the job is completed according to specifications. Ayes all. 11 of 13 City of Saratoga Springs City Council Meeting Minutes Tuesday, April 17, 2007 DEPARTMENT OF PUBLIC SAFETY Traffic Signal Timing Improvements on Broadway Commissioner Ron Kim announced that the Traffic Safety Department has improved the timing on the traffic signals along Broadway from Lincoln Avenue to Lake Avenue. They have increased the pedestrian crossing time from between 5 and 30 seconds. This is part of the grant received by the City which also included a stipulation that greenhouse gases be reduced. He said this will optimize driving times along Broadway by decreasing the amount of stop and go traffic. Zoning Text Amendments – Accept for Study and send to Planning Board Commissioner Ron Kim said this is a proposal to amend the zoning ordinance to allow an applicant to reduce the size or intensity of a use through a special use permit at the Planning Board rather than a use variance through the Zoning Board of Appeals. Commissioner Ron Kim moved and Mayor Valerie Keehn seconded to accept the proposal and forward it to the Planning Board for an advisory opinion. Ayes all. Alternate Side Parking on Greenridge Place (07-75) Commissioner Ron Kim moved and Commissioner Thomas McTygue seconded to adopt the ordinance to amend Chapter 225 of the Code of City Saratoga Springs entitled Vehicle and Traffic to allow for alternate side parking on Greenridge Place. Ayes all. Stop Sign on Tommy Luther Drive (07-76) Commissioner Ron Kim moved and Mayor Valerie Keehn seconded to adopt the ordinance to amend chapter 225 of the Code of the City of Saratoga Springs entitled Vehicle and Traffic to allow stop signs at Tommy Luther Drive & Karner Drive and Karner Drive and La rkspur Drive. Ayes all. Capital Budget Amendment for Lake Avenue Fire Station Apron Change Order Commissioner Ron Kim requested that a public hearing be set for May 1 at 6:55 p.m. to discuss she capital budget amendment for the Lake Avenue Fire Station Apron Change Order. SUPERVISORS Cheryl Keyrouze New York State STAR Program: Mayor Valerie Keehn read a prepared statement from Cheryl Keyrouze concerning the STAR program. In that statement she noted that there will be a rebate program on the basic and enhanced STAR exemptions. The amount of the rebate check will be based on the 2005 New York State Income data. This summer NYS Department of Taxation and Finance will mail postcards to property owners who received the Basic Star exemption on their 2006 school bills. This postcard will contain information on how to apply for the middle class rebates. There will also be a rebate check for the enhanced STAR exemption for the 2006 school taxes. Joanne Yepsen War Memorial: Joanne Yepsen said the War Memorial will be renovated with a grant this summer. Commissioner Thomas McTygue said there was no renovation planned for the War Memorial. There is some work for new monuments to be added near the war memorial. County Legislation – April 2007: Joanne Yepsen said there were many resolutions passed by the County today. There was the acceptance of a $25,000 grant from NYS for tuition assistance and scholarship for Maplewood Manor, $90,000 accepted from NYS for gambling problems; they authorized a contract of $11,000 for funding to bring back the US Army field band; they authorized acceptance of $11.25 million from the Pipeline for Jobs Program for the County’s water project; and adopted a local law that all wireless 911 calls will 12 of 13 City of Saratoga Springs City Council Meeting Minutes Tuesday, April 17, 2007 go to the County dispatch system. They also authorized the acceptance of the property sales of 23 parcels on March 20. Lake Lonely Log Jam and Flooding: Joanne Yepsen said there is a long term problem in the Lake Lonely area, however, some of it is due to the log jam. She has put together a group of individuals to discuss this matter to try to get that log jam removed. There will be a “field” trip on Monday to this location to view this problem. Letter of Interest in purchase of 31 Woodlawn Avenue: Joanne Yepsen suggested that if the City was interested in purchasing the old Woodlawn Avenue building, then perhaps the Council might want to put in a letter of intent with the County. Council members agreed that the Mayor would send a letter of intent/interest to the County on the Woodlawn Avenue building. Land protection: Joanne Yepsen said there is $500,000 available for municipalities from the County to apply for funds under the land protection program. She said she had lobbied for more funding, however, the other supervisors were not receptive because there sometimes are not enough applicants for the existing $500,000. She said the criteria had been changed in that the deadline had been moved to Jul 31 and two municipalities may apply together for a grant. Anyone with specific questions could contact her. She noted that the application would be on the web page. Agriculture and Markets Grant: Joanne Yepsen said there would be a grant released by the end of the summer by Agriculture and Markets targeting communities with agriculture exempt properties. She said anyone who was interested could talk to her. County Water Plan: Joanne Yepsen said Jack Lawlor, Chair of the County Water Authority, had been working on a business plan. There is apparently once small contract with Ballston Spa and Wilton to purchase water. He also announced that SEDC had signed a contract for 2.5 mgpd which was somewhat confusing. She said SEDC gets its funding from the County. She said if they are unable to pay, the County taxpayers will make that payment. She said it was a bogus contract and she would continue to ask the questions on this matter. PUBLIC COMMENT PERIOD Mayor Valerie Keehn opened the second public comment period. There being no one else wishing to speak, Mayor Valerie Keehn closed the second public comment period. ADJOURNMENT Mayor Valerie Keehn moved and Commissioner Matthew McCabe seconded to adjourn the meting at 9:45 p.m. Ayes all. There being no further business, Mayor Valerie Keehn adjourned the meeting at 9:45 p.m. Respectfully submitted, Kathy Moran Clerk Approved: 13 of 13