City Council

City of Saratoga Springs City Council Meeting Minutes Tuesday, May 15, 2007 CITY OF SARATOGA SPRINGS CITY COUNCIL MEETING CITY COUNCIL ROOM TUESDAY, MAY 15, 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 Michael Englert, City Attorney Eileen Finneran, Deputy Mayor Bill McTygue, Director, DPW EXECUTIVE SESSION Council members convened to an executive session at 6:15 p.m. to discuss DEC litigation and the Rip Van Dam. Council members returned at 7:00 p.m. and said they would report later in the agenda on the items discussed. PUBLIC HEARINGS Mayor Valerie Keehn opened the public hearing on the street name change from Grove Street to Ellsworth Jones Place. Mark Baker said the City Center Authority Board deliberated on this matter for some time. Their recommendation is for the street to be renamed from Grove Street to Ellsworth Jones Place. He said they have contacted his family and his family agrees with this change. David Bronner suggested that Lieutenant be added to Ellsworth Jones Place. Ted Reinhart, 19 Wells Street, said that Jim Kinney recommended that the City Center use the address of 101 Ellsworth Jones Place. Mark Baker said there is strong sentiment from the downtown businesses that the City Center maintains the Broadway address. There being no one else wishing to speak, Mayor Valerie Keehn closed the public hearing. PUBLIC COMMENT PERIOD Mayor Valerie Keehn opened the second public comment period. Shawna Sutton, 141 Nelson Avenue, thanked those who attended the meeting on the downtown transportation plan. She said she hoped the Council workshop meeting on May 23 would allow for public comment. The proposed plan would leave the City taxpayers with $2 million to pay over the next 20 years. It has been recommended that the truck traffic issue be confronted. Residents do not want to see Broadway compressed to one lane. 1 of 14 City of Saratoga Springs City Council Meeting Minutes Tuesday, May 15, 2007 Kevin Connolly, Saratoga County Central Labor Council, encouraged the Council to adopt the proposed IDA resolution. He said the existing IDA system is dysfunctional in that most of the subsidized businesses are not creating but cutting positions. In 2005, those businesses promised 217,000 in new jobs while only 79,000 were created. About 62 percent of the businesses actually cut positions. In Saratoga County in 2005 there were 24 projects and 6 of those projects had negative job growth. IDAs often subsidize low quality jobs. The IDA Boards are not held accountable. Many times, IDAs simply transfer jobs from one region to another. School boards should be allowed more input on IDA decisions. He is not looking to abolish IDAs, however, there needs to be reform. John Kraus, 227 Grand Avenue, said he was looking forward to the financial report. He hoped for a solid surplus and positive cash flow. The County had a $5.3 million shortfall over the last two years and it was time for the supervisors to ask the hard questions. The City is getting its financial house in order. He said that next year’s tax rate should be below $5. He hoped that Commissioner Matthew McCabe’s successor would ask Lynn Bachner to say on. Kyle York, 59 Railroad Place, said that Commissioner Ron Kim recognized the firefighters at the last meeting on their rescue call in Kayderosseras Creek. He said that it was so late in the meeting that most people missed that. He then commended those firefighters for a job well done. William Hickey, John Stewart, Tom Knight, John Longo, Neil Emmanation, Robert Reeves and Pat Cogan. Wilma Koss, 160 Kaydeross Park Road said she was glad to see the water monitoring report on the agenda this evening. She said it was good that the report reflects actual usage. The City may have longer than it thinks for water supply over the next several years. David Bronner, 5 Royal Henley Court, said he had some concerns with the tree planting program. He said trees were being planted in neighborhoods where the homeowners could afford to plant their own trees. He also had concerns with the sidewalk replacement program and said that a hard looked needed to be taken on where those sidewalks are replaced. The City should not be paying for new sidewalks in front of homes with high assessed values. Those people should be replacing their own sidewalks. Charlie Morrison, 88 Court Street, said there are times when the public needs to say thanks to City employees and tonight was one of those nights with the pending retirement of Geoff Bornemann. He said he had known Geoff for many years and had worked on many projects with him including the 1987 master plan which called for the open space committee. The Open Space Plan/Project came from those recommendations and has been carried through on all master plans. Geoff Bornemann has been a mover, shaker and a great facilitator on many projects. He has always been supportive and helpful, steering projects through to fruition. Geoff Bornemann has a lot to be proud of and without his dedication many of the wonderful projects that have happened in the city would not have happened. He has worked hard to create the miracle of Saratoga Springs. This is one time when the City needs to stop and thank one of its own employees for his 30 years of contributions to making this a great City. Lorraine Conoboy, Schuylerville, said she was the realtor of record on the Rip Van Dam Hotel more than 17 years ago. She said at that time the building was in terrible condition and there were no buyers. It only makes sense that the building would have deteriorated more and this is a good opportunity to tear it down and replace it with a wonderful new building. Commissioner Thomas McTygue said his department plants trees on a first come, first served basis. They had more than 80 requests for trees. His department evaluates the requests before planning. Planting trees is not based on whether it is a wealthy neighborhood. He said the rehabilitation of sidewalks are funded through the Community Development program and determined by Community Development. Some of the criteria includes pedestrian access to the downtown. He reminded everyone though that sidewalks and curbs are the property owner’s responsibility. There being no one else wishing to speak, Mayor Valerie Keehn closed the first public comment period. PRESENTATION Preliminary Financial Report for the Fiscal Year Ended 12/31/06 – Annual Update Document 2 of 14 City of Saratoga Springs City Council Meeting Minutes Tuesday, May 15, 2007 Commissioner Matthew McCabe said the preliminary financial report for fiscal year ended 2006 is available this evening. He reminded everyone though that it is a preliminary report and the final report will not be available until late July. Christine Gillmett-Brown, Director of Finance, reviewed the preliminary report. She said the entire report consists of more than 100 pages and is available in her office. She said this preliminary report is based on the reports filed in mid April with the State Comptroller’s Office. The preliminary report is on a modified accrual basis. The final report will be different because it will be based on full accrual. She then reviewed the report as follows:  There is nearly a $2.8 million fund balance of which approximately $166,000 is unreserved and unappropriated.  The General Fund had an operating deficiency of approximately $1.1 million  The beginning for 2006 was approximately $5.1 million, beginning unappropriated balance was negative approximately $1.1 million, deficiency was $1.6 million. The ending appropriation was approximately $2.6 million and the ending unappropirated balance at $165,723. They thought the operating deficiency would be larger so they were moving in the right direction. They had projected $2.4 million as the operating deficiency.  There were strong sales tax revenues and additional state aid.  The water fund had a fund balance of $737,000, however, there was a negative unreserved, unappropriated fund balance of negative $38,985. That was substantially less than the $1.3 million unreserved unappropriated negative balance from 2005.  The sewer fund had a balance of $303,000 with the unreserved and unappopriated fund balance at $227,000. There was a negative unreserved, unappropriated balance of $170,824.  Debt limit: The City increased the self imposed debt limit from 1 percent to 2 percent. The debt limit as of December 31, 2006 was $42,289,000. There is $25,994,000 available for future bonding. With the large projects coming up, those funds will go quickly.  Long term liabilities: The City values the accumulated sick and compensatory time as of December 31, 2006 which was $3,476,000. The City is obligated to the NYS Retirement System $4,649,000 for past service costs for 384e for firefighters and police. Christine Gillmett-Brown said even though the City ended the year with a positive fund balance, we still have a ways to go. The City needs to have a stronger unreserved, unappropirated balance. She said if there were any questions, Council members should contact her. Commissioner John Franck asked when was the last time that the City had a positive fund balance. Christine Gillmett-Brown said 2004. He asked what would be a good number for the fund balance. Christine Gillmett- Brown said somewhere around $1.5 million. Commissioner John Franck asked about the City’s bond rating and if it could go up with this news. Christine Gillmett-Brown said it would be difficult to raise it even though there is a positive fund balance. She said though that she remained optimistic for 2008 Commissioner Matthew McCabe said the new requirements for booking long term liabilities will be staggering for the City. The City needs to address the long term liabilities such as benefits. Christine Gillmett-Brown said the City will be required to report what it costs to provide health insurance after retirement. The City knows what it pays in premiums, but has not looked at the long term liability of those costs. She said that these numbers will impact the City and further noted that even in very healthy communities it has had gross negative impacts. Commissioner Matthew McCabe then reviewed the highlights of the report as well. He explained that when developing these reports, the City cannot add the existing fund balance so it leaves it predetermined that there will be a deficit. The funds set aside for the retirements reserves cannot be counted in the final tally. The City did better than it planned. The good news is there is a small operating deficit and the unreserved, unappropriated fund balance has improved. The City must continue to have a very conservative approach. He recently sent a memo to the Council clarifying the sales tax matter. The City is not in the same position as the County. The City received $8.3 million in 2006 which was $359,000 more than budgeted. The County took in $2.8 million less. To date the City has taken in 3.92 percent more in 2007 than in 2006. The City has budgeted $9.3 million and has taken in approximately 26 percent this year. They are watching the numbers closely. The mortgage tax in 2006 was $70,000 more than budgeted but $132,000 less than received in 2005. That is the first decline in mortgage taxes since 2000. The market is down. The mortgage tax for 2007 might be overestimated. If there are any questions, Council members should contact him. 3 of 14 City of Saratoga Springs City Council Meeting Minutes Tuesday, May 15, 2007 Commissioner Thomas McTygue pointed out that the City has done better with the sales tax since going on its own and with the new businesses at Weibel Avenue, it will increase. Barton & Loguidice Annual MS-4 Report Don Fletcher, Barton & Loguidice, reviewed the City’s storm water management annual report. The City has finished year four of the five year plan and is now in year five. The City has five years to become compliant. This program is mandated by DEC for municipalities in urban areas with certain density levels. There are three requirements: implementation, annual completion and certification. The City has been implementing the program. Education, control measures, focusing on discharge other than storm water, site management and post construction management are all important parts of the program. Don Fletcher said the City needs to adopt local laws. Public education needs to continue. Al Flick, DPW, has been meeting with school classes and developing leaf and yard waste collection programs. Commissioner Thomas McTygue said Al Flick recently completed the inventory of restaurants and their grease traps. Don Fletcher said construction and storm water management needs to be maintained and is normally done through the review of subdivision plans. Post construction management needs to be developed. The City needs to take a proactive approach with the detention ponds, catch basins, culverts, etc. There has been some good training for staff and that knowledge will now be passed through to other staff members. This year the City needs to continue its training, public outreach, complete the mapping, continue to monitor illicit discharge, and adopt three local laws. Mayor Valerie Keehn asked if the local laws were a DEC mandate. Don Fletcher said yes. He said there were model laws from DEC that could be used. He said that one of the main items is that the City will do its own enforcement. The City can still call on DEC for help, however, it is the City’s responsibility. Commissioner Ron Kim asked about mapping of the drains and how that information will be used. Don Fletcher said all of this information will be on a GIS system and it will be added to the County’s programs as well. Commissioner Thomas McTygue asked how the surrounding towns were doing. Don Fletcher said they were moving along. He noted though that the City was much further ahead. Joanne Yepsen & Jason Kemper, County Funding Available to Municipalities for Land Protection Joanne Yepsen said there is the potential for the City to apply for funding from the County for land protection projects. Jason Kemper, County staff, explained that the County has a program entitled Saratoga County Farmland and Agriculture Grant Program begun in 2003. In 2004, $330,000 was funded, in 2005 $594,000 was funded and in 2006 $460,133 was funded. There are two types of projects eligible – open space projects to purchase or permanently protect land and farm land preservation. He said the County will fund up to $100,000 or 50 percent of the project for open space. Under the farm land protection, the applicant could apply for up to 90 percent. Some of the criteria considered under this program is: proximity to protected parcels, development pressures, compliance with existing open space plans, etc. The applications were recently mailed and the due date is July 30. The total dollar allotment is $500,000 Billy Grey Ride Day Proclamation Joanne Yepsen read proclamation: TO THE PEOPLE OF SARATOGA SPRINGS AND SARATOGA COUNTY Billy Grey, a resident of Saratoga Springs, died of a brain tumor on July 13, 2001, just short of his 13th birthday. While his life was far too short, it was always filled with remarkable strength, courage, and love. Billy was a sensitive and insightful young man, at ease with people of all ages, and he never once lost his passion and spirit for life. The mission of the Brain Tumor Society is to foster public support for brain tumor patients, their families, and their friends, and to empower them to lead strong and positive lives. The Society now funds promising medical research and collaborates with all other cancer researchers and care providers. It has established the Billy Grey Research Chair which has already sponsored over $500,000 in research grants. 4 of 14 City of Saratoga Springs City Council Meeting Minutes Tuesday, May 15, 2007 On May 20, the Society will sponsor the annual Billy Grey Ride for Research, an event consisting of 50-mile, 25-mile and 10-mile bike rides. Opening ceremonies and registration begins at the Farmer’s Market on High Rock Avenue in the City of Saratoga Springs. Hundreds of riders and dedicated volunteers will gather to celebrate Billy’s life, to increase public awareness of the debilitating effects of brain tumors on individuals and their families, and to raise funds to continue brain tumor research. Anyone can contribute by registering for a bike ride at $25.00 per person or $100.00 per team. Of course, non-riders may make contributions in any amount. Billy Grey was an exceptional person who made a difference and inspired others to continue his work. We are proud to support the Annual Billy Grey Ride for Research on May 20, 2007, and we urge our fellow City and County residents to help in any way they can. Ken Gray thanked the City Council for this proclamation. He said that Billy Grey was a great role model. He said he son never gave up and did exactly what he wanted. His son tried the clinical trials, however, was not successful. He said that event such as these raise the awareness of the community and the community can make a difference. CONSENT AGENDA Mayor Valerie Keehn moved and Commissioner Ron Kim seconded to approve the consent agenda as presented. 1. Approve Minutes: May 1, 2007 2. Award of Bid: Horizontal Grinder: Vermeer Mfg. Co $423,764 lowest acceptable bidder Award of Bid: Chemicals: all low bidders Polyaluminum Chloride to Holland Co. for $16.50 Copper Sulfate to Faesy & Besthoff for $159.00 Sodium Hypochlorite to Surpass Chemical for $.914 Sodium Hypochlorite 5 gallon to Slack Chemical for $5.99 Activated Carbon to Thatcher Co for $66.00 Liquid Chlorine to JCI Jones Chemicals for $35.00 Hydrofluosilic Acid to Slack Chemical Co for $3.39 Sodiumsilico Fluoride to Faesy & Besthoff for $44.00 Liquid Sodium Permanganate to Slack Chemical for $7.15 Award of Bid: Motor Oil: Farrell Oil, various prices, low bidder Award of Bid: Motor Vehicle Filters: Spa Automotive, various prices, only bidder Award of Bid: DPS Restrooms: Parker Marks, $18,450, and authorization for Mayor to sign contract contingent upon review of the Risk & Safety Manager and the City Attorney 3. Approve Payrolls: 5/4/07 $383,038.37 5/11/07 $388,526.78 4. Approve Warrants: Mid MC1MAY07 $198,202.79 General 2MAY07 $319,379.56 Ayes all. MAYOR DEPARTMENT Mom’s Organization Proclamation (07-81) Mayor Valerie Keehn said the Mom’s Organization is a nationwide organization with a chapter in Saratoga Springs. Each year they hold a stroller derby with the funds going to a worthy cause. This year the funds went to the New Meadows pre-school program. They raised approximately $8,000. Mayor Valerie Keehn read the following proclamation: WHEREAS, Mother offering Mothers Supports (MOMS Club) began in 1983 in California, as an organization to offer support for stay-at-home mothers and has 2,000 chapters in the United States alone with over 100,000 members, and WHEREAS, the Saratoga Springs Chapter began in the late 1990s and has grown large in numbers, and 5 of 14 City of Saratoga Springs City Council Meeting Minutes Tuesday, May 15, 2007 WHEREAS, the fundraising events for MOMS is one of their by-laws and the Saratoga area chapters have stepped up their efforts over the past seven years to raise funds for non- profit organizations, such as Big Brothers, Big Sisters, After the Fire, Women’s Shelter for Domestic Abuse, Melanie O’Donnell Scholarship Fund and just this month, the New Meadow School for Children with Special Needs, and WHEREAS, the Stroller Derby, a family stroll through the downtown area has been held on Kentucky Derby Day since 2000, sponsored by MOMS is a way for collecting money for these worthy non-profit groups, and WHERESAS, the goal of the Stroller Derby’s organizer, Dierdre Ladd, is to help raise $10,000 by 2010 to such an organization, I, Valerie Keehn, the Mayor the City of Saratoga Springs, recognize the significant efforts that MOMS have made in our community through their quiet fundraising efforts, while at the same time, offering support to each other as they go about the business of raising healthy, happy, youngsters who are learning at an early age the value of helping others. Deidre Ladd thanked the Mayor and the Council for the proclamation. She also thanked all the local businesses that contributed to the event and those that participated. Support Statewide IDA Reform (07-82) Mayor Valerie Keehn moved and Commissioner Ron Kim seconded the following resolution: WHEREAS , Industrial Development Agencies are an important economic development tool to promote job creation and retention in our communities and are the main source of economic development subsidies at the local and county level; WHEREAS , when Industrial Development Agencies do not use tax payer dollars effectively, they fail to provide a good return on public investment WHEREAS, it is necessary to ensure that businesses receiving financial assistance through Industrial Development Agencies provide quality jobs and services to local communities as these communities are sacrificing needed tax revenue WHEREAS, portions of Article 18-A of the General Municipal Law governing the operations of Industrial Development Agencies are scheduled to sunset this year WHEREAS, the expiring of these provisions provides an opportunity to strengthen the standards, accountability and transparency of Industrial Development Agencies to taxpayers, local governments and school districts NOW, THEREFORE, BE IT RESOVLED that we, the members of the Saratoga Spring s City Council support state reform of Industrial Development Agencies THAT mandates basic wage and benefits, community and environmental standards for companies receiving financial assistance from Industrial Development Agencies THAT upholds enforcement of claw-back penalties for businesses that do not meet agreed upon job retention and creation goals THAT gives the public greater input in Industrial Development Agency projects through public hearing and Community Impact Reports THAT increases the transparency of Industrial Development Agencies by giving the public access to IDA tax exemption policy and current schedule of PILOT payments THAT increases accountability to taxpayers by mandating diverse community representation on boards of Industrial Development Agencies and the approval of government bodies of affected tax jurisdictions on IDA projects, and THAT creates stronger anti-pirating provisions for Industrial Development Agencies. Ayes all. Older Americans Month Proclamation (07-83) Mayor Valerie Keehn said she met with the Saratoga Hospital Nursing Home residents today and presented them with the following proclamation. PROCLAMATION CITY OF SARATOGA SPRINGS 6 of 14 City of Saratoga Springs City Council Meeting Minutes Tuesday, May 15, 2007 Whereas, May 2007 has been designated OLDER AMERICANS MONTH; and Whereas, Saratoga Care Nursing Home has selected “LINKING GENERATIONS”: as the theme for Older Americans Month; and Whereas, the City of Saratoga Springs recognizes the many special qualities and contributions of our older citizens; Now, therefore, I, Valerie Keehn, Mayor of the City of Saratoga Springs, hereby proclaim May 2007 to be OLDER AMERICANS MONTH and urge the citizens of our community to honor and celebrate this special event. Mayo Valerie Keehn said it was a good opportunity for her to thank the workers who provide the care, love and attention to these residents in a warm and inviting environment. She thanked Mary Lou Gailor for her time and efforts at the nursing home. Relay for Life Week Proclamation (07-84) Mayor Valerie Keehn read the following proclamation: PROCLAMATION CITY OF SARATOGA SPRINGS Whereas, cancer remains a leading cause of death for Americans. Despite great advances in education and treatment, cancer-related deaths continue to deprive us of our friends, family, and neighbors, and Whereas, for the past ten years the City of Saratoga Springs has participated in the American Cancer Society’s Relay For Life, an international event to promote and raise funds for continuing cancer research, educators, advocacy, and patient support. This year’s event will be held on June 3rd through June 9th and is expected to draw many citizens from our community together in the ongoing battle against cancer, NOW, THEREFORE, I, Valerie Keehn, Mayor of the City of Saratoga Springs, am pleased to proclaim the week of June 3rd through the 9th as RELAY FOR LIFE RECOGNITION WEEK and to request the support of my fellow Saratogian’s for the success of this important event. Nicole Borla and others thanked the Mayor for this proclamation. The event this year will be held on June 8 and she encouraged everyone to attend and participate. Mom’s Organization Proclamation Previously discussed. Fly Fishing Program Mayor Valerie Keehn withdrew this item from discussion. Accept Donations Mayor Valerie Keehn moved and Commissioner Thomas McTygue seconded to accept the $3,000 donation from Saratoga County Children ’s Committee to be used for summer camp tuitions and for the donation of hockey skates and figure skates from Rich Morris. Ayes all. ACCOUNTS DEPARTMENT Natural Gas Costs Commissioner John Franck said a few weeks ago there were some questions on the City’s natural gas. Gene Salerni was here this evening to review those answers. Gene Salerni, said the City is a member of the Chamber of Commerce and the City participates in the Chamber’s energy program. He said gas is a volatile market. It is a market based commodity with the price changing every day and sometimes every minute. He said firms like National Grid pass the cost along on the market price. Through the Energy Alliance program, the Chamber bids out gas supply. The City also gets 7 of 14 City of Saratoga Springs City Council Meeting Minutes Tuesday, May 15, 2007 credits from National Grid for “shopping” around for gas. Gene Salerni said that in past contracts the City has locked in on the gas rate at 8.54 per dthm. Locking in coincided with Hurricane Katrina. Gas continued to rise while the City’s price remained stable. The City save nearly $34,000 over that time period. At the end of the contract, the City did not lock in and is now on a floating rate. His firm watches the price every day and if they see the price come down, they may encourage the City to lock in. Mayor Valerie Keehn asked if the City would be penalized by the company if the equity’s consumption went down. Gene Salerni said that could happen if the City had locked into a price because the company buys “x” amount of gas based on the City’s consumption, however, with a floating rate, there would be no penalty. Mayor Valerie Keehn asked if the City had ever considered teaming up with other local buyers of gas such as the hospital. She noted that the hospital pays .99 per dthm as mark up while the City is paying 1.27 per dthm. Gene Salerni said their lower rate depends on a lot of things, such as when they locked in or their usage – which is likely more stable than the City’s. He said teaming up with the hospital could impact their rate by increasing it because the City has different peak usages. Mayor Valerie Keehn said there are other large consumers in the area and the hospital was interested in working with the City to possibly form its own consortium. Gene Salerni said the City could look into that if they so desired. MAYOR’S DEPARTMENT Acceptance of Amendments to the Planning Board Rules and Regulations (07-85) Geoff Bornemann explained that the amendments to the Planning Board Rules and Regulations are mostly housekeeping matters. There were some questions on the 62 day waiting period and revoting. Geoff Bornemann said that 62 days came from state legislation. He explained that the applicant could ask for a revote, however, must receive a unanimous vote to obtain a revote. Therefore, Mayor Valerie Keehn moved and Commissioner Ron Kim seconded to accept the amendments to the Rules and Regulations as proposed by the By laws. Ayes all. Accept Zoning Text Amendments for Study and Set Public Hearing Mayor Valerie Keehn said that the Council had received from the Planning Board a set of proposed text amendments to the Zoning Ordinance. The first set compliments the amendments to the new amendments to the Planning Board Rules and Regulations and they are largely procedural relating to requirements and timing for application submittals. The second set of zoning text amendments relates to regulations for utility facilities. The Planning Board during their review of the National Grids’ Brook Road zoning petition originally developed these text amendments. These text amendments clarify existing ambiguities in the current ordinance and to strengthen the conservation development district as set forth in the Comprehensive Plan. Mayor Valerie Keehn said when National Grid appeared before the Council, these issues were discussed. Geoff Bornemann agreed. He noted though that because of that application, the Planning Board updated that section of the Zoning Ordinance which had not been done in the last 20 years. There were modifications to the text on utility equipment and utility establishments. He said that public utility establishments would be allowed by a special use permit. He said they would be allowed in industrial districts and some commercial districts and in other locations by special use permit. They do not belong in residential zones. Commissioner Ron Kim asked about the use of the text “intend”. Geoff Bornemann said the Board did discuss the word “intend” and it is recommended terminology from many publications. They want it to be clear the uses such as the accessory structure is clearly intended as a subordinate or incidental use to the main use. Commissioner Thomas McTygue asked if the utility companies have seen this proposal. Geoff Bornemann said they have and they support this language. Commissioner John Franck clarified that these uses would not be allowed in certain districts. Geoff Bornemann said this is a text amendment change only. If National Grid wanted to be on Brook Road they would need a map amendment. Mayor Valerie Keehn moved a Commissioner Ron Kim seconded to accept the amendments for study, send it to the County Planning Board for the required referral and set a public hearing for June 19, 2007 at 6:55 p.m. Ayes all. 8 of 14 City of Saratoga Springs City Council Meeting Minutes Tuesday, May 15, 2007 Planning Board’s Water Monitoring Report for Year 2006 Geoff Bornemann said the Planning Board has monitored water consumption since 2002. They recently made some changes to their tracking methods. This report is an update on where they believe the City stands with water consumption/usage. He said that in the last two years, there has been a slight reduction in total square footage of new units and the water consumption rates have decreased due to water saving methods. Residents are more efficient with water and volume. The new units being constructed such as condos, use less water. Downtown Transportation Plan Mayor Valerie Keehn reminded everyone that as a result of the discussion at the last Council meeting a workshop with the Downtown Transportation Advisory Committee and their consultant had been set for Wednesday, May 23, at 2:00 p.m. in the Council Chambers. This will be an opportunity for the Council to review the proposed Downtown Transportation Plan with the group that prepared it and to ask questions. Support Statewide IDA Reform Previously discussed. Ellsworth Jones Place Street Naming (07-86) Mayor Valerie Keehn moved an d Commissioner Ron Kim seconded the following: AN ORDINANCE TO AMEND CHAPTER 201 OF THE CODE OF THE CITY OF SARATOGA SPRINGS, NEW YORK ENTITLED “STREET NAMING AND NUMBERING ” BE IT ORDAINED, by the City Council of the City of Saratoga Springs, New York, following a public hearing as follows: SECTION 1. Chapter 201 of the Code of the City of Saratoga Springs, New York, entitled “Street Naming and Numbering ”, is hereby amended as follows: A. The following street is hereby deleted from the official list of streets in Section 201-7: Grove Street B. A description of Ellsworth Jones Place on the official list of Streets in Section 201-7 is created to read: STREET NAME/OWNERSHIP BEGINNING AND ENDING POINT Ellsworth Jones Place Broadway to Maple Avenue Section 2. This ordinance shall take effect the day after publication as provided by the provisions of the City Charter of the City of Saratoga Springs, New York. Ayes all. Accept DOT Eminent Domain Offer – West Avenue Acquisition (07-87) Mayor Valerie Keehn said the City recently received a phone call from DOT on this matter. Apparently the City has not followed through since 2001. She said the City is eligible for $8,100 for the eminent domain on West Avenue during that construction. Therefore, Mayor Valerie Keehn moved and Commissioner Thomas McTygue seconded to approve the following resolution: WHEREAS, the City of Saratoga Springs has recognized the NYS Department of Transportation ’s acquisition of the property delineated and described in Map 112, Parcel 112 Fee and Map 113, Parcel 113TE for the reconstruction of West Avenue in the City of Saratoga Springs, Saratoga County, WHEREAS, the City of Saratoga Springs has been offered a value of $8,100 for Maps 112 and 113 by the State of New York as compensation for the acquisitions. WHEREAS, at a regular City Council meeting held on May 15, 2007, a resolution was offered by Mayor Valerie Keehn who moved for its adoption that Mayor Valerie Keehn be authorized to execute and agreement and closing papers in connection with this acquisition. 9 of 14 City of Saratoga Springs City Council Meeting Minutes Tuesday, May 15, 2007 NOW, THEREFORE, BE IT RESOLVED, that the City of Saratoga Springs accepts the terms and consideration of this offer by the State of New York. Ayes all. Attorney’s Defense in 353 Broadway vs. DRC Mayor Valerie Keehn said that the executive session will resume at the end of the meeting and this matter will be discussed at that time. ACCOUNTS DEPARTMENT Natural Gas Costs Previously discussed. FINANCE DEPARTMENT Budget Transfer – Payroll, Social Security, Liability Insurance and Regular Commissioner Matthew McCabe moved and Commissioner Ron Kim seconded to approve the 2007 budget transfers previously distributed. This move appropriates form one line to another, it does not increase the original budget. The following transfers are listed separately per the budget transfer policy . They have met the transfer guidelines and the availability of funds is hereby certified: Payroll: There are four transfers to or from general Fund lines, totaling $13,943; Social Security: There are four transfers to or from General Fund social security lines, totaling $1,979; Liability Insurance; There are two transfers to or from General Fund Liability Insurance liens totaling $500; Regular: There are ten transfers to or from other expense lines, totaling $232,783.52. Of these $231,911.47 involve the transfer of expired bond amounts from the Capital fund to the Debt Service Fund (Attachment A) . Ayes all. Budget Transfers – Contingency Commissioner Matthew McCabe moved and Commissioner Ron Kim seconded to approve the 2007 budget transfers contingency that were previously distributed. This set of transfers is listed separately, per the budget transfer policy. It has met the transfer guidelines and the availability of funds is hereby certified. This transfer in the mount of $24,877.40 is from the general fund contingency to a General Fund interest expense line to cover part of the interest on two revenue anticipat ion notes that were required at the beginning of the year. The balance remaining in the General Fund contingency is $581,282.42 (Attachment B) . Ayes all. Budget Amendments Commissioner Matthew McCabe moved and Mayor Valerie Keehn seconded to approve the 2007 budget amendments previously distributed with the agenda. These budget amendm ents have met the amendment guidelines and the availability of funds is hereby certified. There are 20 amendments : 14 are to the general fund budget and total $5,962.79 and 6 are to the capital fund budget, have been through thecapital budge5t amendment process and total $207,020 (Attachment C) . Ayes all. 1st Quarter 2007 Reports Commissioner Matthew McCabe said the first quarter report was submitted to the City Clerks Office on May 14. Information was provided for all funds and two additional reports were provided for the water fund and the sewer fund. The City is on target for the first quarter: general fund revenues collected 21.5 percent, general fund expenditures at 24 percent, all funds collectively revenues collected are 20.6 percent. All fund collectively expenditures are at 24.8 percent. Compared with 2006, the percentages are almost the same. Water fund revenues collected 16.9 percent, expenditures at 24.4 percent. Sewer fund revenues collected at 23.8 percent and expenditures at 26.1 percent. There is a slight dip in the water fund revenues due to computer issues with 10 of 14 City of Saratoga Springs City Council Meeting Minutes Tuesday, May 15, 2007 a newly designed water bill which resulted in a late release. The new bills are easier for customers to read and has improved efficiency. The IT department saved $8,000 on the new computer equipment. Communications Consulting Contract – Telephone Audit Commissioner Matthew McCabe said at the November 21 Council meeting the Council approved a contract with Communication Consulting Service to perform an audit of the city’s telephone bills. There were no upfront costs. The company’s percentage was 50 percent of the incorrect billings. All future savings belonging to the City. The results were positive and the city will receive one half of a refund of $3,117 for an old an unused circuit. In addition the City will save $65 per month because we will no longer be billed for the circuit. First Rehabilitation Life Insurance Company Commissioner Matthew McCabe moved and Mayor Valerie Keehn seconded to authorize the Mayor to sign the contract with First Rehabilitation Life Insurance Company effective June 1, 2007, for a total amount of $13,000 for disability insurance. The funds are within the budget. The contract has been reviewed by the City Attorney and the Risk & Safety Manager. Commissioner Matthew McCabe said that this is a third party carrier currently used for the DPW employees. It was the lowest quote received. Ayes all. Web Cast Contract Commissioner Matthew McCabe moved and Mayor Valerie Keehn seconded to authorize the Mayor to sign the contract with Upstream Networks . This is a month to month contract set to begin in September 2007. The cost is up to $1,500 per month and $1,000 in initial equipment costs. The funds are within the Finance Department. This motion is contingent upon the review of the contract by the Risk & Safety Manager and the City Attorney. Commissioner Matthew McCabe said the City recently tested a web cast of the Council meeting. This will allow residents to watch the Council meetings from their personal computers. He said he knew the Accounts Department had some question on records management, but he believed those requirements had been met. The City will maintain the VHS tapes of the meetings. Mayor Valerie Keehn said this was a good interim step. This will reach a great many people, however, it still excludes a percentage that do not have access to computers. She said the Council needs to look at televising Council meetings. Commissioner John Franck agreed this was a good middle step. He asked if other board meetings might be able to be webcasted. Commissioner Matthew McCabe said they could look at that. He said both departments need to work together on this matter. Commissioner John Franck suggested that maybe there needed to be cameras facing the Council and one facing the audience. Commissioner Matthew McCabe said they could look into voice activated cameras. Commissioner Matthew McCabe said if this is adopted this evening, they will be ready to web cast in September. Ayes all. 2007 Bond Resolution (07-88) Commissioner Matthew McCabe moved and Commissioner Ron Kim seconded to approve the 2007 bond resolution as previously distributed. The resolution is in the amount of $8,606,220 and includes all bonded items that were approved in the 2007 capital budget as well as the two capital budget amendments (Attachment D) . 11 of 14 City of Saratoga Springs City Council Meeting Minutes Tuesday, May 15, 2007 Commissioner Matthew McCabe reminded everyone that projects have three years to begin depleting the funds. There are some projects such as the Congress Park bathrooms that funds had to go back towards the debt service. He said that close attention needs to be paid to bonding and the time frames. Commissioner John Franck asked what constituted starting a project. Commissioner Matthew McCabe said that expenditure of funds. He said that the recreation facility has $2 million and some of those funds have been expended. Tonight’s resolution includes another $4 million for that project. Roll call votes: Commissioner John Franck aye Commissioner Matthew McCabe aye Commissioner Thomas McTygue aye Commissioner Ron Kim aye Mayor Valerie Keehn aye Motion carried. July 4th Celebration Commissioner Matthew McCabe said he had several discussions with a group of people on the July 4th celebration. There are volunteers who are willing to set up, clean up, do repair work, supply vendors, etc. He said he respected the difficulties imposed on DPW by these events, but there is a group of dedicated citizens who have offered to volunteer their time. They have suggested limited vendors to be located in specific areas in the park. DPS has said they can provide their services. He suggested that some thought be given to closing some of the nearby streets. Joanne Yepsen said the amount of volunteers has been overwhelming. Everyone wants this to be a family event with local veterans, girl and boy scout troops, church groups, high school students, etc. The event is clearly to support the downtown businesses. Mayor Valerie Keehn commended Commissioner Matthew McCabe and Supervisor Joanne Yepsen for taking on this task. Commissioner Ron Kim said he would review closing of the streets. He said perhaps it could be Circular Street and Union Avenue. DEPARTMENT OF PUBLIC WORKS Change Order for West Branch Inc., - Interlaken Commissioner Thomas McTygue moved and Commissioner Matthew McCabe seconded to approve change order No. 1 for West Branch, Inc., for the Interlaken Water System Improvements. The change order is a reduction in payment of $3,694.89 due to modifications in plumbing work. Ayes all. Curbs on Union Avenue Commissioner Thomas McTygue said DPW recently replaced the curbs on two of the Union Avenue islands. It is a major undertaking. There are three more to replace. He said that perhaps Finance could find some additional funding to make this repair. Mayor Valerie Keehn said she recently toured the new Empire State College facility. She said that things are shaping up nicely in that area of the City. She noted that the existing curb cut on the corner of Union Avenue at Circular Street will be moved to Circular Street. Southeast Drainage Commissioner Thomas McTygue said the southeast drainage project could take between 3 and 5 years. The drainage will go from East Avenue, through the track parking lot and then to Lincoln Ave. Saratoga Sound Off Commissioner Thomas McTygue withdrew this item from discussion. Casino Rental Fees (07-89) 12 of 14 City of Saratoga Springs City Council Meeting Minutes Tuesday, May 15, 2007 Commissioner Thomas McTygue moved and Commissioner Ron Kim seconded to approve the increase in rental fees for the Canfield Casino as previously distributed. These changes are for the years 2008 and 2009. Mayor Valerie Keehn asked if the increase in the rates would deter people from renting. Commissioner Thomas McTygue said no. He said most of 2008 is already booked. Those individuals were made aware that there could be an increase in rates. Commissioner Matthew McCabe said he recently met with Betty French the caretaker of the Casino and they talked about the comparison of the rental rates with other communities. He believed the City’s rates were a bargain. Ayes all. Northeast Pipe Works for Emergency Inspection and Cleaning of Storm Sewer Commissioner Thomas McTygue said his department has been advised that there is an emergency in the storm sewer between Route 50 and Maple Avenue due to a break in the pipe. Therefore, Commissioner Thomas McTygue moved and Commissioner Ron Kim seconded to hire Northeast Pipe Works dba Municipal Services at the rate of $5 per lineal foot not to exceed $5,000. To be paid for out of capital budget. Mayor Valerie Keehn asked if this project was anticipated. Commissioner Thomas McTygue said there are funds in the capital budget for this project. Ayes all. Curb Work Contracts Commissioner Thomas McTygue moved and Commissioner Ron Kim seconded to authorize the Mayor to sign two curb work contracts as follows: a) To install 56 linear feet of pre-cast curb at 77 Phila Street. The City already has the check in the amount of $896. b) To install 112 linear feet of granite curb at 116 Caroline Street on the Regent Street side of the property. The City already has the check in the amount of $3,584. c) To install 228 feet of precast curb at 287 Jefferson Street. There is $3,648.00 in a letter of credit for this curb work. Ayes all. Executive session – DEC Litigation (07-90) Commissioner Thomas McTygue moved and Commissioner Ron Kim seconded to hire the firm of Young Sommer in an amount not to exceed $5,000 for work on the DEC litigation. Mayor Valerie Keehn said she did not support this motion. There is no scope of work, we do not know what the previous charges are for, the previous expenditures are $1,500 over what was approved and there is no contract. Ayes: four; Nays: one: Mayor Valerie Keehn. DEPARTMENT OF PUBLIC SAFETY Nothing at this time. SUPERVISORS Cheryl Keyrouze Sales Tax Revenue: Cheryl Keyrouze said she had a conversation with David Wickerham on the loss of the sales tax revenue. She said she asked him to consider coming to the City to do a presentation for the Council on the water project. She also said that David Wickerham was not amenable to a distribution of surplus funds to the towns/cities. 13 of 14 City of Saratoga Springs City Council Meeting Minutes Tuesday, May 15, 2007 Child Care: Cheryl Keyrouze said she recently met with legislators at the legislative office building on the subsidized child care funding and the possibility of making it electronic. She said she would continue to talk the legislators on this matter. Presentation: There will be a presentation on May 21 at the library from 7:00 to 9:00 pm. With both the County and City Planners in attendance. Resolutions: Cheryl Keyrouze reported that there were several resolutions passed today, one of which was brought forth by the Town of Saratoga called Explore New York 400 community. It is a celebration to commemorate the historic journeys on the Hudson and Champlain. She will pass the resolution on to the Mayor. Farm Tour: Saratoga County will sponsor a farm tour on Sunday June 17 at the Hanahan & Sons Dairy farm on Route 67 in the Town of Saratoga from 12:00 p.m. to 4:00 pm. Joanne Yepsen County Water Project: Joanne Yepsen said the County did not discuss the water project today. There is a special meeting scheduled for Friday at 4:00 p.m. on this matter. County Surplus Distribution: Joanne Yepsen said there were discussions at the Law and Finance Committee on distributing between $3 and $5 million to the towns and cities. She said it was not David Wickerham’s decision to make. She would lobby for the distribution. The City could receive as much at $780,000. Small Business Strategic Alliance: Joanne Yepsen said this is a small organization akin to the Chamber of Commerce with exclusive membership. They recently held a seminar with presentations on many planning and financial issues that small businesses encounter. There were many federal and state agencies represented and she brought back a lot of information. She said we need to get the word out that these types of services are available. Executive Session Mayor Valerie Keehn moved and Commissioner Matthew McCabe seconded to adjourn to executive session at 10:00 p.m. Ayes all. Council members returned at 10:25 p.m. Article 78 – Levinsky vs. DRC Mayor Valerie Keehn moved and Commissioner Ron Kim seconded to authoriz e hiring of Miller, Mannix and Schachner to represent the City in the Article 78 Levinsky vs. DRC matter in an amount not to exceed $5,000. The funds will come from the City Attorney ’s budget. Ayes all. ADJOURNMENT Mayor Valerie Keehn moved and Commissioner Thomas McTygue seconded to adjourn the meeting at 10:30 p.m. Ayes all. There being no further business, Mayor Valerie Keehn adjourned the meeting at 10:30 p.m. Respectfully submitted, Kathy Moran Clerk Approved: 14 of 14