City Council

CITY OF SARATOGA SPRINGS CITY COUNCIL MEETING CITY COUNCIL ROOM TUESDAY, JUNE 19, 2007 6:20 P.M. PRESENT: Valerie Keehn, Mayor Commissioner John Franck, Accounts Commissioner Matthew McCabe, Finance Commissioner Thomas McTygue, DPW Commissioner Ronald Kim, DPS SUPERVISORS: Cheryl Keyrouze Joanne Yepsen STAFF PRESENT: Lynn Bachner, Deputy Commissioner Finance Michele Boxley, Deputy Commissioner Accounts Jim Brophy, Deputy Commissioner DPW Frank Dudla, Deputy Commissioner, DPS Eileen Finneran, Deputy Mayor Michael Englert, City Attorney Tony Izzo, Assistant City Attorney PUBLIC HEARING South Franklin Street Parking Mayor Keehn opened the public hearing on an ordinance to amend chapter 225 of the Code of the City of Saratoga Springs entitled “Vehicle and Traffic” to prohibit parking at all times on the west side of South Franklin Street between Grand Avenue and Beekman Street. Commissioner Kim said they have received lots of complaints that the street is too narrow for parking on both sides, so they are proposing to amend the code to allow parking on the east side and prohibit parking on the west side of South Franklin Street between Grand Avenue and Beekman Street, a compromise to avoid current problems and allow safe passage for regular and emergency traffic. Seeing that no one wished to speak on the ordinance, Mayor Keehn closed the public hearing. PUBLIC HEARING Emergency Services Procedures Mayor Keehn opened the public hearing on the proposed ordinance to create Chapter 107 of the Code of the City of Saratoga Springs entitled “Emergency Medical Service Providers”. Commissioner Kim said that within the City Charter the Commissioner of Public Safety has the authority to establish Public Safety Service Programs and Emergency Medical Services plans. He said that the proposed ordinance grants the Commissioner of Public Safety the authority to set the standards, rules and regulations for providers of pre-hospital emergency medical care and ambulance services in the City in accordance with the NYS Department of Health laws governing the licensing of these services; to establish procedures to direct, centralize and process all calls for pre-hospital emergency medical care and ambulance service for efficient response and to City of Saratoga Springs City Council Meeting Minutes Tuesday June 19, 2007 review periodically the effectiveness of those services and make recommendations for improvement.. Commissioner McTygue asked if this ordinance would have any affect on volunteer ambulances. Commissioner Kim said no, it would not change the volunteer system or set up; it simply allows the City to review all provisions of medical services and set standards within the community. He said this has been discussed with the Saratoga Emergency Medical Services (SEMS) and they are pleased that this is finally being done. Seeing that no one wished to speak on the ordinance, Mayor Keehn closed the public hearing. PUBLIC HEARING Alternate Board Members Mayor Keehn opened the public hearing on a local law to provide for alternate members of the Design Review Commission. She called upon Assistant City Attorney, Tony Izzo to explain the legislation. Tony Izzo said that this local law amends section 19-1 of the City Code to allow the Design Review Commission to have two alternate members selected from the list of former Commission members and appointed by the Mayor. He said that alternate members would serve in place of a DRC member in the event of a member’s recusal or absence. Of the two alternates, the one to serve first in any given calendar year shall be chosen at random lot by the Commission Chair and thereafter the two alternates would serve on a rotating basis as needed based on availability. Tony Izzo explained that, when serving, alternates have the full rights and obligations of a member. When a Commission member is available to serve again regarding a matter because they are no longer absent or recused, the alternate member would no longer serve regarding said matter. All rules and regulations relating to Commission members also apply to alternates except the requirement to reside or be a property owner in an historic district. Matthew Jones, 2 Victoria Lane said that two years ago the City Council considered a broader version of this legislation. He said the DRC Chair is desirous of this legislation and it should be passed because it adds fairness to the process and serves the applicants more efficiently since it would reduce the chance of having to postpone discussions or entire meetings due to lack of a quorum. He urged the City Council to adopt this legislation and hopes it would be a precursor for the other two development boards. Seeing that no one else wished to speak, Mayor Keehn closed the public hearing. PUBLIC HEARING Special Livery Ordinance Mayor Keehn opened the public hearing to amend Chapter 200 of the Code of the City entitled “Special Livery Vehicles”. The changes involve specific deletions within the existing ordinance. Commissioner John Franck said there is a need for a minor change that must be made to the ordinance, so he is pulling the discussion and vote of the Special Livery Ordinance from his agenda but the public hearing would continue and remain open. Seeing that no one wished to speak the Mayor said the public hearing on the Special Livery Ordinance would remain open. Page 2 of 26 City of Saratoga Springs City Council Meeting Minutes Tuesday June 19, 2007 PUBLIC HEARING Zoning Text Amendments Mayor Keehn said that the Planning Board recommended last April that the City Council review these zoning text amendments and issue an advisory opinion. The Council subsequently accepted the amendments for study and sent them to the County Planning Board for the required referral and set this public hearing. She asked Brad Birge as Director of the Office of Planning and Economic Development to explain the amendments. Brad Birge said that the first set essentially ensures that the applicant submit technically complete applications when they appear before development boards, and that failure to have the site plan Mylar signed is technically an expiration of the application. He said the second set of zoning text amendments delete existing definitions for “public utility facilities” and “utility facilities” and add new definitions for “utility equipment” such as cable boxes and phone boxes; “utility establishments” and outdoor storage” and revises the existing definitions for “accessory building” and accessory use”. Brad Birge said that the amendments restricts “public utility facilities” and “utility facilities” to industrial areas and general business district and better defines and clarifies the categories of utility equipment and utility establishments and whether they would be allowed in permitted districts. Seeing that no one wished to speak, the Mayor closed the public hearing on zoning text amendments. CALL TO ORDER Mayor Keehn called the City Council meeting to order at 7:10 p.m. EXECUTIVE SESSION Mayor Keehn said the City Council adjourned to executive session at 6:25 p.m. to discuss the Rip Van Dam Hotel wall situation. She said no action was taken, but Commissioner Kim wished to provide details to the public. Commissioner Kim said that as the newspapers reported, the Department of Public Safety code enforcers have inspected the wall and they believe that there continues to be deterioration. He said they notified the owner that if he does not have the wall stabilized by June 22, 2007, the City must take action to assure the safety of the public and they might have to close the entire building. He said they want to avoid closure of the Rip building, but public safety is an essential priority. PUBLIC COMMENT PERIOD Mayor Keehn opened the public comment period. Page 3 of 26 City of Saratoga Springs City Council Meeting Minutes Tuesday June 19, 2007 Bonnie Sellers, 69 Hyde Street said that after much discussion and debate, the sale of Lillian’s lot is imminent. She fully supports the sale of the lot because it would lead to the filling in of a gap left by a fire with a beautiful building. She said this is a good move for the City economically because ultimately the new building would generate property and sales tax and ease the burden on the tax payers and City of the cost of repairs for the lot. She said that selling the lot is the right decision; the lot is bad shape and it is a safety hazard to pedestrians when vehicles enter and exit as well as to vehicles in traffic when cars enter or exit the lot. Shauna Sutton, 141 Nelson Avenue asked the City Council to continue to pursue the building of a parking garage on Woodlawn Avenue, High Rock and the Saratogian Lot but she is concerned for the vitality of downtown during this summer season. She asked the Council to implement a common sense summer parking program for the six-week track season. She proposed that public parking be facilitated at perimeter locations such as the high school, Division Street School, Empire State College on West Avenue, the train station, and Ellsworth Ice Cream. She said that since CDTA recently revised their bus schedule, it is a good time to take advantage of a built in shuttle. She suggested offering a shuttle between the Saratoga Racecourse parking lots and downtown. She urged the City Council to develop collaborative and creative decisions about parking now for this summer season. A copy of Shauna’s speech was submitted to the City council for public record. John Kraus, 227 Grand Avenue urged anyone interested in City taxes, or the City’s finances, and budget to come to Commissioner McCabe’s presentation at the Public Library June 20 at 7:00 p.m. He said that he and several others have submitted a list of questions to Commissioner McCabe to be addressed at the presentation. Kyle York, 59 Railroad Place said that the demand for parking in this city currently exceeds the supply. He suggested setting up kiosks and selling parking passes at a rate of two dollars per hour for a maximum of 4 hours. The person would purchase a ticket and put on their dashboard. He said the two 2-story parking garages could be used for free for shorter times, but the two-hour parking should continue to be enforced. He said the day workers could park at SPAC or another peripheral lot and take a shuttle bus to downtown. He added that there should be no fear that the lack of parking will mean less visitors to the City, they would come anyway, more parking would make their stay more enjoyable and convenient. Carrie Woerner, Director of the Preservation Foundation and Tom Frost of Frost Architecture said that they are concerned for the preservation of the Race Track. They exhibited maps indicating the current historic district and what part of the track is currently within that district. The final map showed the current local district under the jurisdiction of the Design Review Commission including the parcels owned by the New York Racing Association and not yet in the historic district. They also exhibited a map of the proposed expansion of the district, and encouraged the City Council to support the change/expansion of the Historic District boundaries. Commissioner Kim asked what the process is to get on the National Historic Register. Carrie Woerner said it all is on the National Historic Register, if a property is determined to be privately owned, the National Register does not trigger restrictions. If is state owned, the state is required to comply with specific regulations known as 1409 reviews and the State has lead agency as opposed to local land use reviews. She said that if all property is in a local historical district, the City has control through its land use reviews. Page 4 of 26 City of Saratoga Springs City Council Meeting Minutes Tuesday June 19, 2007 Richard Frank, 17 Park Street said he has owned Four Seasons Natural Foods for 17 years and has watched many changes in the City, both good and bad. He said that although the City has had numerous committees and done many studies on parking, there has yet to be a visionary comprehensive parking plan. He said that before any lot, particularly Lillian’s lot is sold or developed, the plan should be established; the projects are not isolated. He opposes arbitrary, inconsistent schemes for paid parking to just make money at certain times and only in certain areas. He said making the upper deck paid might bring in short-term revenue for the City but it would create more congestion and frustration and bad-will in people as they are forced to look for free spots and then reluctantly pay for parking. He said there is no easy answer; he believes that paid parking at the Spring Street and Phila Street lot would financially burden his customers and his employees and result in the eventual demise of his business or force him to move his business elsewhere, out of town. He said the convenience of free easily accessible parking is a huge factor to his customers and his business. He urged the Council to find a common vision for the solution of the City’s parking dilemma and work towards it together, creating a major parking plan. He suggested developing the High rock parking lot as a primary all day parking facility with retail on the bottom floor to help pay for the parking deck and maintenance. Richard Frank submitted his written comments on parking to the Council for the public record. Jeff Pfeil, Saratoga Springs, said that having paid parking on one select lot is unfair and onerous and puts the businesses in that location at a disadvantage over those without paid parking nearby; it would force office tenants and businesses to leave that downtown area. He said that the City needs a city-wide parking plan; paid or permitted parking is acceptable at a reasonable rate if it is throughout the City, not just in one area, burdening one section of businesses and offices. He asked the City council to hold off on a decision regarding paid parking for the upper deck at Phila Street until an expanded paid parking plan could be developed. Maura-lee Kaiser, owner of Ravenous, 21 Phila Street said she has nothing against paid parking, but she objects to the Phila Street parking garage always being used for experiments. She said that the garage was closed over Memorial Day and it affected her business, as it does when there is only paid parking there. She urged the City council to implement a consistent universal parking plan for the City. Tom Cable, Ballston Lake, owner of the Saratoga Wine Exchange at 42 Phila Street said that people avoid paid parking, and when the Phila Street lot is the only lot with paid parking it affects the businesses on Phila Street. He urged the City Council to develop a universal parking plan because signaling out one lot for paid parking is punitive to the merchants in that area. Commissioner McTygue said that the parking garage on Church and Woodlawn has restrictions because of funds received from the County. He said the Phila Street lots are being filled up by employees which doe the businesses in that area no good; most workers want to park right where they work/ He said the City has spent money for work that had to be done on the lot and there is a need to generate funds to maintain these lots. He said that the proposal for High Rock Avenue was for 800 spots, 400 free; he agreed that the City needs to move ahead with a plan, but money is an issue; the City must generate revenues to continue working on creating parking lots and solutions to the City’s parking problems. This City is one of the most popular communities, but to continue servicing the people with parking, the City must collect fees; otherwise, the burden is placed on the taxpayers of this community. The only way to tell if a solution would work without wasting funds is to create a pilot program. Page 5 of 26 City of Saratoga Springs City Council Meeting Minutes Tuesday June 19, 2007 Commissioner Franck asked if the parking issues on tonight’s agenda could be discussed earlier than scheduled. Mayor Keehn agreed to move those items up to directly after the presentation and the consent agenda. PRESENTATION Concerning Grease Traps- Mr. Al Flick William McTygue, Director of Public Works introduced Al Flick, Senior Engineering Technician to discuss grease traps. Bill McTygue said this is a follow-up to a discussion two weeks ago on the City’s obligations under Federal and State MS4 storm water management system requirements and part of the city’s effort to enlist the support of the business community regarding its potential impact on the City’s sewer system. Al Flick said he has been working on two projects regarding sanitary sewer connections; he is essentially trying to manage what goes into the City pipes. The MS-4 program is mandated by the Department of Environmental Conservation and deals with storm water. What goes in storm water goes into lakes and streams. He said one project dealt with sump pump connections - sump pumps pumped the storm water from basements into the sanitary system, which is designed for only a particular amount of flow and burdening that system has a negative impact. Al Flick said that for this project, he initially conducted inspections of the City’s infrastructure and noticed major grease buildup inside pipes. He then went to the source of the grease, commercial kitchens, to make them aware of the effects of the grease on the sewer system. He said he has written letters to businesses, and schools explaining that grease acts like it does on a human artery, it clogs the pipe and results in costly repairs. Al Flick said there are 125 locations where he has discussed the issue with restaurant owners educating them on the use of a grease trap, a device that traps the grease so it does not go out with the wastewater into the system. He said the indoor interceptor is the most popular grease trap. He started the campaign in June 2005 and kept a database to keep track of the restaurants that had the traps. If a business had an older one, they were sent a letter; every restaurant was given one year to install the traps, and now there are only a handful of businesses left that are not compliant; on record, 95% of the City’s restaurants have grease traps. He said that a grease trap and the work involved in getting businesses to use one is an investment in prevention. The next phase of the project is maintenance; he will re-visit owners, educate them on cleaning and managing their grease traps, mail out flyers, and distribute posters for each business to place over their sink. He said now that the program is up to speed, he works with the Building Inspector to mandate that all new construction require the installation of grease traps. PUBLIC SAFETY Financing vs. Leasing of a New Public Safety Station Mayor Keehn said that Commissioner Kim has requested to discuss item number 6 of the Public Safety agenda early in the evening for the convenience of his guest. Commissioner Kim said that this item is a response to questions raised at a recent City Council workshop pertaining to the RFP on the Woodlawn lot. He said BBL put together a comparison if the City were to go forward with scenario #1, building a public safety building with a parking garage on Woodlawn Avenue as a lease/buy-back arrangement. He said the approximate construction costs would be 22.5 million dollars and the annual payment for the lease/buy-back arrangement would be $1.4m. He said that the second scenario involves one of the sites reviewed by his committee, a site on Excelsior Avenue and is premised on a bonding of the Public Safety Building and not on a lease/buy-back Page 6 of 26 City of Saratoga Springs City Council Meeting Minutes Tuesday June 19, 2007 option. He said that land costs are estimated at $1.7m since the City does not own this site as it does the Woodlawn Avenue site; the costs of construction are approximately $21m and if that cost is amortized at 4.75, the interest rate the City can currently bond at, the annual payment would be about $1.4m and change. He said this comparison shows that if the City bonds and does not use public property, it would cost about the same amount of money as the lease/buy- back scenario without gaining a parking garage. Mayor Keehn thanked Commissioner Kim for the comparison analysis. Commissioner Kim called Peter Cornell to the microphone. Peter corn ell said the basic difference between the two projects is that one is a public work and one is not. He said that because the City is unionized, prevailing wage applies. Commissioner McCabe asked if there are other alternatives. Commissioner Kim said that the committee is finalizing their report, which examines several sites and traditional financing mechanisms, and includes the consideration of a new fire station. He said that bonding this kind of project appears to be more detrimental that a lease/buy-back arrangement. He said the next step is to report to the City Council on their analysis of space needs and why the Police and Court should be enjoined. CONSENT AGENDA 1. Approval of the June 5, 2007 City Council meeting minutes. Approval of the June 12, 2007 City Council meeting minutes. 2. Award of Bid: Compact Style Vibratory Asphalt roller All Purpose Equipment trailer Hydraulic Tilt Trailer Hydraulic Dump Trailer 4. Approve Payrolls: 06/07/2007 $415,085.72 06/14/2007 $384,559.47 5. Approve Warrants: Mid MC1JUN07 $ 190,994.70 General 2JUN0707 $3,200,493.48 Mayor Valerie Keehn moved and Commissioner Matthew McCabe seconded to approve the consent agenda as presented. Commissioner McCabe clarified that the general warrant is over three million dollars because 2 million dollars is for the County tax payment and $570,000 is the County Sewer payment. Ayes all 5-0 DEPARTMENT OF ACCOUNTS Award of the RFP: Lillian’s Parking Lot (2007-097) On September 21 the RFP for Lillian’s lot was sent out to 22 developers, 6 picked up the information packet and only one responded on November 30, 2006. Workshops were held for the council on December 20, 2006 and April 2, 2007 at 7pm and were open to the public. Commissioner John Franck moved and Commissioner Thomas McTygue seconded to award the bid for the re-development of Lillian’s parking lot to Bonacio Construction, the only bidder, for $750,000. Page 7 of 26 City of Saratoga Springs City Council Meeting Minutes Tuesday June 19, 2007 Commissioner McCabe said he believes that delaying this decision is tantamount to further delaying the solution to the City’s parking issues; his support depends on the deletion of some of the conditions contained within Sonny Bonacio’s proposal. He said he requested that Sonny Bonacio be invited to the meeting tonight in order to work this out. He said that item number 7 in the proposal requested a waiver of city permitting inspection fees, city water/sewer taps, waiver of any road openings or other proposed contributions to traffic studies of other public improvements and his (McCabe’s) support of the project is contingent upon the whole segment of requests for waivers being deleted from the response. Commissioner McCabe said that it was discussed that parking would remain on the lot for about two years; however the closing and start dates have not been determined. The legal ramifications would have to be worked out for the City could continue to use the lot until the start of construction but he would like these items in place within the arrangement; the city should be totally protected to benefit the tax payers. Sonny Bonacio said that his business responded to the RFP because it is the fuse that lights the discussion for the other parking issues; discussion of the proposed building during the workshops always became secondary to discussions on parking. He said six years ago his company put an offer in to the City to build a public safety building on East Avenue for $4.8m, the longer the City delays action, the more everything is going to cost. For this season it is paramount that the parking remains in the lot as is; they are delaying the closing until January of 2008 so the City could maintain the parking lot as a free lot. He said that there are structural issues regarding that deck so if he purchases the lot and gives the City permission to continue to use it as a parking lot, something must be worked out legally to release his company from any liability during that time. He asked if property taxes could be waived because he does not want to be paying property taxes on land the city is using as a parking lot. If they close in January of 2008, they would not break ground until the fall of 2008 so essentially the City could use the lot for two years; the only contingency is that the liability issue must be clarified. He said that construction would take about a year and during that time, he could provide 31 parking spaces to the City from about 65 spaces that he leases from the Price Chopper Corporation. Commissioner Franck said that the City is not receiving property taxes on the property now, so a delay in the receipt of property taxes while the city uses the lot would not cost the City money. Sonny Bonacio said he has no problem with the City using the property as a free parking lot until construction begins; he would have the debt service at about $6500 per month but he does not want to have to pay property taxes while the City uses the lot for parking. Mayor Keehn asked Sonny Bonacio about his request to waive the fees. Sonny Bonacio responded that he would be willing to delete item 7, requests for the waiver of fees, from the proposal; he would pay all required fees as he does for all the other buildings. Commissioner McCabe said this project is about the Council selling a piece of City property and he appreciates the offer of 31 parking spaces to the City during construction. Sonny Bonacio asked about the assessment of a piece of property that can’t be used the first year but was purchased for $750,000. Commissioner Franck said he does not have the answer. He could look at fair assessed value based on the valuation of March 1 of 2008. Commissioner McTygue suggested that the City waive the taxes while it was using the property for parking, which they have done in the past. John Franck said he would have no trouble with that. Mayor Keehn said it is important to explore how we got to this point. There was structural damage that caused DPW to close off part of the lot then there was an engineering assessment that the cost of repairs would be between $400,000 and $500,000. During discussions it was suggested Page 8 of 26 City of Saratoga Springs City Council Meeting Minutes Tuesday June 19, 2007 that the City the lot to eliminate having to spend money maintaining it as a parking lot since parking lots and garages are expensive to maintain, as shown by the significant amount of money spent on repairs of the Putnam Parking lot. She said there have been a lot of public comment on whether Lillian’s lot should remain as a City parking lot and whether surrounding neighbors are in agreement that selling the lot is the best action to take. There has been some discussion that neighbors are not fully supportive of re-developing the lot because there is no viable alternative for replacing those 40+ parking spaces. She said she has received a suggestion to turn the entire lot into handicapped parking. She said she is not supporting a proposal that takes away parking without a replacement plan; if parking is removed there should be a plan in place that permanently replaces those spaces. She said over the last 10 years there have been over six parking studies completed in this city; and after building two parking decks, the City still needs parking. There must be a comprehensive parking plan rather than piecemeal solutions to what is actually a safety issue and not a financial issue. Commissioner Franck said he has a problem with the way the City works, because nothing gets done. The lack of parking is a good problem because it means that people are coming to downtown Saratoga Springs. Nine months ago, the RFP went out, 6 ½ months ago one bid was received and then there was a presentation with subsequent presentations to the community. This can be voted on favorably or voted down, and then we will move on; it is not good business practice to leave RFP’s in limbo; the City Council needs to make a decision. There was originally a building on this lot that burned in the 1957 Broadway fire; the opening is not pleasant. He likened the project to the success of the Roohan building which was a walk through mall before the City sold it, and there are no complaints about that. He agreed to all of the friendly amendments and that it could become a lot for only handicap parking; if the Council moves forward and accepts this proposal it will provide seed money to continue to solve the parking issues, but to do nothing is the worse thing we could do as a council; people out there see this Council as being ineffective and unable to make a decision; we are here because the previous council let this decision languish. Mayor Keehn said that anyone can bring an RFP forward, it is a means to solicit ideas; and anyone can submit a response for a vote but a submitted response to an RFP does not legally obligate the City to accept or vote on it; it is a procedural and not a legal process. Commissioner Franck replied that ethically the City Council should respond, positively or negatively, a decision should be made. Sonny Bonacio said there were three public meetings that included neighboring property owners Harvey Fox, Mr. Brindisi, and there were support letters from John Baker and Bruce Levinsky. The only concern expressed was that of Mr. Morris regarding the deliveries to his facility which is an on-going issue for every business on Broadway, especially restaurants. Commissioner Kim said the project is a good one but he is voting against it because the City should have a comprehensive parking plan. He said the City Council should determine what we are doing in the downtown area and with the Woodlawn lot before moving forward with this project. He agrees with Commissioner Franck that the Council should act on responses to RFPs but this project is part of the financing vehicle to Woodlawn, so the Council should make this decision in a unified manner in conjunction with the decision on the Woodlawn lot. Commissioner McTygue said this is an easy decision to make, it will get us moving. This project could help Commissioner Kim but he has a long way to go with the Woodlawn proposal because it did not meet the specifications of the RFP presented by Commissioner McCabe and there are too many unanswered questions such as the lack of a traffic study. The proposal involves the busy intersection of Woodlawn Avenue and Church Street, and when a police station, City Court Page 9 of 26 City of Saratoga Springs City Council Meeting Minutes Tuesday June 19, 2007 and a five story parking facility is added, it would have a serious impact on that intersection so a traffic study should be required. He said working with the Saratogian and other land owners in the City will help bring back the spaces lost on Broadway to a project that will bring in seed money for other parking solutions. He said that in the last four years DPW has added two parking garages, an additional 200 spaces at a low rate. He suggested that to help the merchants the entire Woodlawn lot should have only two or three-hour parking. He said that the High Rock RFP was intended to alleviate parking needs created by the expansion of the City Center but it was voted down; they have lost the parking on the Chrysler lot and will soon lose the parking on the Stewart’s lot at Lake and Pavilion. The City must move ahead on this decision and use the money for continued efforts to solve the City’s parking issues. Commissioner McCabe said this is a financial decision; the sale of this lot is not going to solve the City’s parking problem. This is good for the commerce of downtown. He said this proposed building will increase pedestrian access to Broadway and will increase business downtown. He restated the motion to include the list of friendly amendments: Commissioner John Franck moved and Commissioner Thomas McTygue seconded to award the bid for the re-development of Lillian’s parking lot to Bonacio Construction, the only bidder, for $750,000 with the following friendly amendments: 1) The request for the waiver of all permitting inspections is denied. 2) The request for waiver of City water and sewer taps and meter fees is denied. 3) The request for waiver of any road opening fees is denied. 4) The request for waiver of any and all proposed contributions to traffic studies or public improvements is denied. 5) The City is going to have the use of that lot at least two more seasons. 6) Construction would begin in September of 2008. 7) During the construction period until completion, the City would be granted the use of 31 parking spaces leased by Sonny Bonacio 8) Contingent upon review by the attorneys of both parties relating to either reduced or waived property assessment while the City uses the lot for parking. Commissioner Kim wanted it stated for the record that the Office of Court Administration has statutes that require the City to provide court space within specific parameters set forth within the statute. There are Cities that are being sued by the OCA because they have failed to provide adequate court space so it must be included in the public safety building. Six years ago a proposal was made to build a public safety station for $4.8m, now the price is $21m, and if we waste more time the price will become $30m or more. He can not support this project because it is not a comprehensive answer to the parking problem and should not be dealt with until a decision is made on the Woodlawn proposal. City Attorney Michael Englert reminded the Council that this is project would be subject to SEQR review under the State Environmental Quality Review Act and although the Council desires to fill in as many details as possible regarding this transaction, nothing is enforceable and binding until the written contract is signed and the SEQR review is complete; if the City Council passes this motion, the City would be proceeding on good faith to bring the transaction about. Commissioner McCabe said the project must go through the development board process. The details of the agreement would be worked out by the legal authorities upon contract review. Ayes, 3, Nays, 2 (Keehn, Kim) Page 10 of 26 City of Saratoga Springs City Council Meeting Minutes Tuesday June 19, 2007 PUBLIC WORKS Set up Pilot Program for Putnam Street Parking Deck Commissioner McTygue said that the City Council would set the fees; he has discussed the start date for the pilot program with Commissioner McCabe and it involves printing tickets and receipts. Commissioner Thomas McTygue moved and Commissioner Matthew McCabe seconded to initiate the pilot parking program on the Putnam Street parking deck no earlier that July 4th for a $5.00 fee for all day parking. Commissioner McCabe said that he is in favor of this program to make something happen. Commissioner McTygue said they put over $400,000 in the budget to fund the re-surfacing of that lot, which was funded solely by the taxpayers of the City. This program would help get some of that money back and it will help determine how to solve the parking issues of the City. He said they could rent spaces on weekdays only; a productive and timely pilot program could lead the City to answers; it is a trial and $5.00 fee is a good start. Mayor Keehn said she is torn with this; she knows that employees want relief from parking tickets, but we might be penalizing people that are making small wages. She agrees that there should be an overall approach to paid parking however $5.00 per day is $100 per month, a lot of money for most downtown workers. Commissioner McCabe said that a compromise would be to focus on the weekday and not the weekends; we could hold a workshop with business owners about the pilot while it is going on to solicit reasonable ideas; we will not know until we try, it would help us formulate a citywide plan. Commissioner Kim said that he parks in the Woodlawn garage because his office is on Long Alley and parking is free. He believes the City is selecting one place to conduct this pilot instead of a blanket approach such as offering a parking pass that allows all day parking anywhere; if a person purchases a pass they can park all day. The proposed pilot program is picking on one area; people want to park close to their destination; try a blanket pass to get an idea of how it would work throughout the City. He said that the Department of Public Safety gets calls when the Putnam Garage is closed because many overtime tickets are issued; it places unnecessary pressure on employees to focus on one parking lot, so he would prefer to conduct a pilot on a blanket basis. If a person buys a sticker for the month and it is on the car, they have a pass. Commissioner McCabe said that any parking plan involving the Woodlawn lot has to comply with County stipulations. Commissioner Kim said that the blanket pass would help indicate where the need is for all-day versus two-hour parking; if people buy the pass and appear in particular lots, which is where the need is for all-day parking. Commissioner McTygue said he likes the idea of a citywide parking pass. Commissioner Franck said he can’t support the pilot program; the cost to administer the program would take away the revenue. It is a big mistake because these are small businesses and municipalities should not have programs that milk small businesses and negatively affect their success, and it is unfair to residents. Mayor Keehn said that the ticket option could be exclusive to two-hour lots and not street parking. Commissioner Kim said this would help us develop the criteria as to how to implement a parking program. Mayor Keehn said she could support the program with the price to be negotiated. Commissioner McCabe said that this is not telling people where to park; the pilot program would set up a mechanism to generate revenues to be used for future municipal parking solutions, and it would bring in the money to help the City improve parking without placing the burden on the city’s taxpayers. He suggested voting on the motion with the friendly amendment of the all-day pass and holding a workshop to iron out the details. Page 11 of 26 City of Saratoga Springs City Council Meeting Minutes Tuesday June 19, 2007 Commissioner Kim said that the City should follow the suggestions of Shauna Sutton and devise a map of free parking. Commissioner Kim said that the permits could come through Complus; issue permits through their terminals. Commissioner McTygue said that there are things to be worked out such as the lots that have night restrictions due to winter snow clearing. Mayor Keehn suggested tabling the motion tonight and that the commissioners work out the details and bring it back to the Council for approval as a cohesive pilot program. Commissioner Matthew McCabe moved and Commissioner Ronald Kim seconded to table the motion on the pilot-parking program to a subsequent meeting. Ayes all, 5-0 MAYOR’S DEPARTMENT Youth Parking Coordinator (2007-098) Linda Terricola, Recreation Director said that she is seeking City Council approval to change the payment of the Youth Parking Coordinator from the lump sum rate of $2,500 previously approved by the City Council to the rate of $10.75 per hour. She said this makes it easier for the MUNIS system and Payroll Administration. She explained that the rate was derived from reviewing last year’s hours and amount that averaged about $10.80 per hour. Linda Terricola said that in response to the request by the City Council, the Youth Parking program will begin with night p0arking on July 13, 2007 and includes six additional nights as well as the Stewart’s Lot on Lake Avenue. She submitted a revised budget for the 2007 Youth Parking Program. Mayor Valerie Keehn moved and Commissioner John Franck seconded to approve the change in the rate for the Youth Parking Coordinator to $10.75 per hour. Ayes all, 5-0. Accept Donation: “Have-A-Heart” club Linda Terricola said that the Skate Park received a check for $140 from the Maple Avenue Middle School Have-A-Heart-Club. She said the club consists of eighth graders whose goals include providing a healthy environment for food clean fun. Mayor Valerie Keehn moved and Commissioner Ronald Kim seconded to accept the $140 donation from the Have-A-Heart-Club. Ayes all, 5-0 Environmental and Energy Initiatives Discussion Mayor Keehn said that the Saratoga Environmental Energy Development Group has spoken with the City Council about initiatives for the City to embrace that would ultimately save energy. She said the group has been involved with the City’s current energy audit and have come up with a list of common-sense items that municipalities could do to save energy, promote compact walkable communities and transportation alternatives. She said there are many items that the City could embrace to save energy including an 8-step program that includes developing and legislating green standards for public buildings, retrofitting existing public buildings; developing legislation of green standards for private buildings; legislating appliance standards for new homes, purchasing renewable energy, creating green procurement standards, using energy-efficient traffic signals and purchasing clean efficient vehicles. Mayor Keehn said that preparing for energy conservation is particularly important as gas prices continue to rise. She said the Green Communities program is a process where the City begins by assessing where it is regarding its energy use, analyze where the City is going regarding the conservation of energy, determine the requirements to meet conservation goals, prepare an action plan and implement the action plan. Mayor Keehn said she would like to see the City Council become more involved and pass local legislation and she asked them to consider these initiatives. Commissioner Kim asked whether it Page 12 of 26 City of Saratoga Springs City Council Meeting Minutes Tuesday June 19, 2007 would make sense for the Planning Board to review the model resolution and Mayor Keehn agreed and added that it would be an agenda item on the agenda of the next joint meeting of the city’s development boards Set Public Hearing: Grandfathering Senior Citizen Housing Projects Mayor Keehn said there have been some recent changes from the Federal Bureau of Housing and Urban Development (HUD) regarding the definition of senior housing. She said that HUD has changed its definition of Senior Housing and to comply with these changes the City must amend its zoning ordinance, but the amendment would grandfather Senior Housing projects for which a special use permit or site plan approval was issued prior to September 19, 2006 so they can move forward as planned regardless of the HUD changes. She set the public hearing on the ordinance amendment for Tuesday, July 3 at 6:45 p.m. Establish New Position Titles for Planning Department (2007-099) Mayor Keehn said that the operations of the Planning Department fall under the purview of the Mayor in the City Charter. She said that the recent retirement of City Planner Geoff Bornemann and the recent resignation of the Assistant Planner, Tony Tozzi has lead to a re-examination of the structure of the Planning Department. She said that to develop a program to provide greater service to the community they have decided to abolish the two positions, City Planner and Assistant City Planner, and create three positions including Principle Planner, Senior Planner, and Planner with the money originally budgeted for the two planning positions. She said it is a cost-neutral action and they are taking advantage of the longevity of Mr. Bornemann and getting three positions for the cost of two. She said part of the plan includes restructuring the land use and building program to accommodate a Land Use Board Clerk which they are confident will also be cost neutral to the taxpayers because the land use and building application fees will be restructured to accommodate this position which will not immediately be filled. Mayor Keehn said she has not received approval from the union but union approval does not preclude approval of the position and salary. Mayor Valerie Keehn moved and Commissioner Ronald Kim seconded to approve the establishment of the following position titles and indicated compensation: Principle Planner – Salary $59,439-$73,150 equivalent to a Grade XV level; Senior Planner, Grade XIV, $48,475 - $59,455; Planner Grade XI, $37,500 - $45,220 and Land Use Board Clerk, Grade IX, $33,900 - $40,760. Commissioner McCabe said that this motion would establish the position titles; the funding mechanism would be established later. Mayor Keehn clarified that she is trying to establish the new job titles and salary ranges. She said that the position of Assistant Planner is filled at the salary range and 40 hour workweek of the Senior Planner with the understanding the title of Assistant Planner would be changed to Senior Planner. Commissioner Franck asked if benefits were considered when claiming that the action is revenue neutral. Mayor Keehn said they considered benefits; if all four positions were filled; the cost is only slightly above what it would be if Geoff Bornemann and Tony Tozzi were still working. She explained that restructuring includes replacing the previous two planner positions with three planning positions; the fourth position is based on re-organization and fee increases. That person would work with the Planning Department but that position is not going to be filled until it is determined that the fees would fund it. Page 13 of 26 City of Saratoga Springs City Council Meeting Minutes Tuesday June 19, 2007 Commissioner Franck asked whether the CSEA (union) had approved these positions. Mayor Keehn responded that Civil Service has approved these positions; the union’s approval is not required at this stage but the Mayor’s office is in negotiation with the union as to whether the Principle Planner position would be management status. She said that per the fair labor standards act, they are seeking to make the Principle Planner management confidential and therefore not part of the CSEA bargaining unit. City Attorney Michael Englert said that tonight they are seeking approval of the positions and salary; the procedure is to apply to the Public Employment Relations Board (PERB) for determination as to whether the Principle Planner title is union or managerial. Commissioner McTygue said he could not support adding two positions; each year there are salary increases, and benefits that will end up having a large impact on the budget. Commissioner Kim said this is the process that must be followed, Civil Service approval, then approval of the position title and salary range, then Union approval and ultimately council approval for funding. Commissioner McCabe agreed that the City Council would discuss the budget aspect of this restructuring later. Commissioner Frank asked why the Mayor does not take the opportunity to save money and bring in two people with experience to be paid rates at the beginning of the established salary ranges and save money. Mayor Keehn said that only four applied for the City Planner position, and it was advertised a second time. This is about approving titles and salary ranges. Commissioner McCabe said he would support it but promises to debate the funding issues later. Commissioner Kim said that there is lots of pressure on the Planning staff and development boards in this City. He said that comp time and overtime are costly and are products of not having enough staff. He said he supports the establishment of these positions, particularly if it helps move the process along and saves the cost of overtime and comp time. Commissioner Franck said he believes this is being over-simplified and will have more of cost impact than is being disclosed. Commissioner McTygue expressed disdain at the support of Commissioner McCabe for this motion saying that DPW tried for two years to add a laborer to the five people that currently maintain all facilities and programs in recreation and was denied by the Commissioner of Finance each time. Mayor Keehn said the intention is to increase service to the public by hiring three people for the amounts we would have paid the two that resigned. Commissioner McCabe said that this motion is creating the job titles and salary ranges, it is not funding the positions. Mayor Keehn stated that there is a motion on the table and called the question. Ayes 3, Nays, 2 (Franck, McTygue) Set Public Hearing: Zoning Ordinance Amendment to Change Historic District Boundaries Mayor Keehn said that as Carrie Woerner and Tom Frost indicated on their maps, the intention is to expand the city’s historic district to include all properties of the Saratoga Race Course, and since the subject of the ordinance requires a four-week notice for the public hearing, the hearing is set for Tuesday July 17 at 6:50 p.m. Approval of Canopy Easement of Saratoga Hotel (2007-100) Mayor Keehn said that the canopy of the Saratoga Hotel extends into the public right of way; the Real Estate Committee reviewed and recommends accepting the proposal of the Saratoga Hotel to pay $500 as a fair and adequate consideration for the canopy easement over the public right of Page 14 of 26 City of Saratoga Springs City Council Meeting Minutes Tuesday June 19, 2007 way. Mayor Valerie Keehn moved and Commissioner John Franck seconded to approve the payment of $500 by the Saratoga Hotel for the canopy easement. Ayes all Alternate Board Members – DRC (2007-101) Mayor Valerie Keehn moved and Commissioner Ronald Kim seconded to approve the local law to provide for alternate members of the Design review Commission as presented. LOCAL LAW NO. OF 2007 A LOCL LAW TO PROVIDE FOR ALTERNATE MEMBERS OF THE DESIGN REVIEW COMMISSION BE IT ENACTED by the city Council of the city of Saratoga springs, New York as follows: SECTION 19-1 OF THE CITY CODE IS AMENDED TO READ AS FOLLOWS: §10-1. Appointment; vacancies; removal; terms. A. There shall be a Design review commission, hereinafter called the “Commission” which Shall consist of seven (7) members, all of whom shall be residents of the City of Saratoga springs and of which three (3) members shall be property owners in a historic district. In addition, the Commission shall have two (2) alternate members selected from the list of former Commission members. The members and alternate members of the Commission shall be appointed by the Mayor. B. If a vacancy shall occur other than by expiration of a term, it shall be filled by appointment by the Mayor for the unexpired term. C. Any member or alternate member may be removed by the Mayor for cause and after public hearing. D. The term of office of each Commission member shall be three (3) years except that the initial Appointments of two (2) members shall be for one (1) year, of two (2) members for two (2) years and of three (3) members for (3) years. Particular consideration shall be given to the appointment of persons specially qualified by reason of training or experience in architecture, art, art history, law, building construction, real estate, local history and the like. Alternate members shall be appointed to serve a one-year term concurrent with the calendar year. E. Alternate members shall serve in the place of a Commission member in the event a member is unavailable due to recusal or absence. The alternate member who shall serve first in any given calendar year shall be chosen by random lot by the Commission Chair. The alternate members shall then serve on a rotating basis, as needed, based upon availability. F. When serving in the place of a member, the alternate member shall have the full rights and obligations of a member. Alternate members not serving in place of a member may not participate as a Commission member in the discussion of agenda items at meetings or workshops of the Commission or any subcommittee thereof. In the event a Commission member is available to once again serve with regard to a matter because he/she is no longer absent or recused, the alternate member will no longer serve with regard to said matter. G. All provisions of law relating to Commission member eligibility, vacancy in office, removal, compatibility of office and service on other boards, training, continuing education, compensation, and attendance shall apply to alternate members except that there shall be no requirement that an alternate member be a property owner in an historic district. John Frank asked if the local law pertains to all boards and Mayor Keehn said it refers only to the Design Review Commission. Ayes, 4, Nays, 1 (Franck) Meeting with Commissioner Ash Mayor Keehn said she has met with the New York State’s Commissioner of Parks, Lands and Historic Places, Carol Ash and Ruth Pierpont on how the City could have more oversight of historic places especially the Saratoga Racetrack. Commissioner Ash was receptive to the possibility and indicated that something could be included in the contract that architectural review must be turned over to the City. She said that the language might be better if based on negotiations between the City and the Park commission. She said that discussions would Page 15 of 26 City of Saratoga Springs City Council Meeting Minutes Tuesday June 19, 2007 continue and include the New York Racing and Wagering boards. She said the state is open to collaborating with the City regarding maintaining control over the racetrack. Announcement: DRC Appointment (2007-102) Mayor Keehn announced the appointment of Gretchen Marcell to the Design Review Commission. She is currently on the Preservation Foundation, is a retired art teacher and has experience serving on other boards. ACCOUNTS DEPARTMENT Special Livery Ordinance Commissioner Franck said he is going to leave the public hearing open on this item but pull it from the agenda because an additional change must be made to the ordinance that was an oversight. Zoning Text Amendments (2007-103) Commissioner Franck said that at its April 4, 2007 meeting, the Planning Board voted 6-0 to recommend these zoning text amendments to the Council and to issue a favorable advisory opinion pursuant to Section 240-15.3C of the Zoning Ordinance. The Board has determined that these proposed amendments are not contrary to the general purposes and intent of the Zoning Ordinance and are in accord with the Comprehensive Plan. He said that for several months, the Planning Board has been working on these proposed amendments. The first set complements the amendment to our Rules and Regulations and they are largely procedural; the Planning Board developed the second set of zoning text amendments during their review of National Grid’s Brook Road zoning petition. These text amendments relating to utility establishments are identical to the ones sent to the Council on January 26, 2007. At that time, these text amendments were considered with a map amendment. The Planning Board recommends the adoption to the text amendments (and not the map amendment) in order to clarify existing ambiguities and to strengthen the conservation development district as set forth in the Comprehensive Plan. AN ORDINANCE TO AMEND CHAPTER 240 OF THE CODE OF THE CITY OF SARATOGA SPRINGS, NEW YORK, ENTITLED "ZONING". BE IT ORDAINED by the City Council of the City of Saratoga Springs, New York, following a public hearing, as follows: SECTION 1. Chapter 240 of the Code of the City of Saratoga Springs, entitled “Zoning”, is hereby amended as follows: SET #1: PLANNING BOARD PROCEDURAL AMENDMENTS: AMENDMENT #1: Revise site plan review ordinance to require applicant to be a technically complete applicant prior to the expiration of the original application or first extension. - Amend Section 240-5. 6B to read as follows (new text underlined): “B. The Planning Board may grant up to two (2) eighteen (18) month extensions for an approved site plan provided that the application was properly submitted prior to the expiration date of either the original site plan or the first extension. Such submitted applications must be technically complete. Effective May 1, 2006 any site plan that has expired, and that has not been extended by actions of the Board prior to May 1, 2006, shall not be eligible for further extensions under this section. However, an applicant may file a new application for the original approval. Page 16 of 26 City of Saratoga Springs City Council Meeting Minutes Tuesday June 19, 2007 It is the applicant’s responsibility to prove that there have been no significant changes to the site or neighborhood, and that the circumstances and findings of fact by which the original site plan was granted have not significantly changed.” AMENDMENT #2: Revise site plan ordinance to indicate that failure to sign site plan is an expiration. - Amend Section 240-5.4K(3) to read as follows (new text underlined): “(3) The official signature of the Board must be placed on the site plan no later than twelve (12) months from the date of the Board's authorizing resolution or motion. The approval shall expire if the official signature is not placed on the site plan within 12 months.” AMENDMENT #3: Revised special use permit to require applicant to be a technically complete applicant prior to the expiration of the original application or first extension. - Amend Section 240-6.5B to read as follows (new text underlined): “B. The Planning Board may grant up to two (2) eighteen (18) month extensions for an approved special use permit provided that the application was properly submitted prior to the expiration date of either the original site plan or the first extension. Such submitted applications must be technically complete. Effective May 1, 2006 any special use permit that has expired, and that has not been extended by actions of the Board prior to May 1, 2006, shall not be eligible for further extensions under this section. However, an applicant may file a new application for the original approval. It is the applicant’s responsibility to prove that there have been no significant changes to the site or neighborhood, and that the circumstances and findings of fact by which the original special use permit was granted have not significantly changed.” SET #2: TEXT AMENDMENTS RELATING TO UTILITY FACILITIES AMENDMENT #1: Delete the following definitions in Section 240-1.5: “PUBLIC UTILITY FACILITIES: (amended 10/21/97) Telephone, electric and cable TV lines, poles, appurtenances and structures; water or gas pipes, mains, valves or structures; sewer pipes, valves or structures, pumping stations; telephone exchanges, and other facilities, appurtenances and structures necessary for conducting a service by a government or public utility. Telecommunication facilities and telecommunication towers are not public utility facilities.” “UTILITY FACILITIES: Establishments engaged in the generation, transmission and/or distribution of electricity, gas or steam, including water and irrigation systems and sanitary systems used for the collection and disposal of garbage, sewage and other wastes by means of destroying or processing materials.” AMENDMENT #2: Add the following definitions in Section 240.1.5: “UTILITY EQUIPMENT: Telephone, electric and cable TV lines, poles, appurtenances and structures; electrical substations carrying 34.5 kilovolts or less; water or gas pipes, regulators, mains, valves or structures; sewer pipes, valves or structures, pumping stations; telephone exchanges equipment, and other facilities, appurtenances and structures necessary to house and maintain utility equipment. Above ground electrical transmission lines carrying more than 115 kilovolts, telecommunication facilities and telecommunication towers are not utility equipment. UTILITY ESTABLISHMENTS: Establishments engaged in the generation, transmission and/or distribution of electricity, gas or steam, including water and irrigation systems and sanitary systems; substations carrying more than 34.5 kilovolts; administration offices for such use; maintenance facilities; accessory buildings and outdoor storage. Also included are above ground electrical transmission lines carrying greater than 115 kilovolts. Telecommunication facilities and telecommunication towers are not utility establishments. OUTDOOR STORAGE: The placement, in an unroofed area, of any goods, junk, materials, merchandise, or vehicles (other than in an approved parking space under site plan review) on a lot.” AMENDMENT #3: Revise the following existing definitions in Section 240-1.5: (new wording is underlined) Page 17 of 26 City of Saratoga Springs City Council Meeting Minutes Tuesday June 19, 2007 ACCESSORY BUILDING: A building intended to be subordinate and clearly incidental to the principal building or use permitted on the same lot and used for a purpose customarily incidental to those of the principal building or uses permitted within the District. ACCESSORY USE: A use customarily intended to be incidental and clearly subordinate to the main uses or buildings permitted within the District. AMENDMENT #4: Revised the use schedule in Section 240-2.6 as follows: “Public Utility Facilities” are hereby deleted as principal permitted use upon the issuance of site plan review in the following districts: Industrial-Light, Industrial-General and Highway General Business District. “Utility Facilities” are hereby deleted as a use permitted upon the issuance of a special use permit and site plan review in the Rural Residential-1 District. “Utility Equipment” is hereby permitted as an accessory use in the following districts: Rural Residential-1, Suburban Residential-1, Suburban Residential-2, Urban Residential-1, Urban Residential-2, Urban Residential-3, Urban Residential-4, Urban Residential-4A, Urban Residential-5, Urban Residential-6, Urban Residential-7, Institutional-Parkland Recreation, Institutional-Municipal, Institutional-Educational, Institutional- Horse Track Related, Industrial-Light, Industrial-General, Industrial-Extractive, Highway General Business, Tourist Related Business, Office/Medical/Hospital Business, Office/Medical Business, Water Related Business, Warehouse, Neighborhood Complementary Use-1, Neighborhood Complementary Use-2, and Neighborhood Complementary-3. “Utility Establishments” are hereby permitted as principal permitted use upon the issuance of site plan review in the Industrial-Light District, Industrial-General District and General Highway Business District. SECTION 2. This ordinance shall take effect the day after publication as provided by provisions of the City Charter of the City of Saratoga Springs, New York. Therefore, Commissioner John Franck moved and Mayor Valerie Keehn seconded to issue a negative SEQR determination and to adopt the zoning text amendments as presented. Ayes all, 5-0 Award of RFP –Lillian’s Lot This item was previously discussed Set Public Hearing: Local Law-Canoe Launch Permits Commissioner Franck set a public hearing for July 3, 2007 at 6:50 p.m. on the new ordinance for canoe launch permits. DEPARTMENT OF FINANCE Approve Budget Transfers – Payroll, Social Security, Regular, Revenue Commissioner McCabe said that a budget transfer moves appropriations from one line to another; it does not increase the original budget. The following transfers are each listed separately, per the budget transfer policy. They have all met the transfer guidelines and the availability of funds is hereby certified: Payroll: There are 16 transfers to or from the General and Capital Fund payroll lines, totaling $80,613.03. Social Security: There are two transfers to or from Capital Fund social security lines, totaling $612.00. Regular: There are five transfers to or from the General and Capital Fund other expense lines totaling $21,000.00 Revenue: There are two transfers to or from General Fund revenue lines totaling $2,700,000. This is a reclassification of the State Aid based on VLT Revenue, from miscellaneous Page 18 of 26 City of Saratoga Springs City Council Meeting Minutes Tuesday June 19, 2007 state aid to non-property tax distribution in accordance with a recommendation by our independent auditor. Commissioner Matthew McCabe moved and Commissioner John Franck seconded to approve the budget transfers as presented. Ayes all Approve Budget Transfers – Contingency Commissioner McCabe said he is requesting approval of the 2007 Budget Transfers-Contingency as 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. He explained that this transfer of $1,724.50 is from the City Center Fund contingency to a City Center fund expense line as approved by the City Center Authority. For clarification these transfers are within the City Center Fund, they have nothing to do with the general fund budget. He said the balance remaining in the General Fund contingency is $33,395.50. Commissioner Matthew McCabe moved and Mayor Valerie Keehn seconded to approve the 2007 budget transfers –contingency as presented. Ayes all, 5-0 Approve Budget Amendments Commissioner McCabe said he is requesting approval of the 2007 Budget Amendments previously distributed with the agenda. He explained that a budget amendment changes the total adopted budget for that fund, increasing or decreasing a revenue line, while increasing or decreasing the corresponding expense lines; the budget remains in balance with the approval of a budget amendment. These budget amendments have met the amendment guidelines and the availability of funds is hereby certified. There are 10 budget amendments to the General Fund totaling $5,933.39. Commissioner Matthew McCabe moved and Mayor Valerie Keehn seconded to approve the budget amendments as presented. Ayes all Authorization for Mayor to Sign Contract: Alonzo Fireworks (2007-104) Commissioner Matthew McCabe moved and Mayor Valerie Keehn seconded for the Mayor to sign the contract with Alonzo Fireworks Display, Inc for the fireworks display in Congress Park July 4, 2007 for $7,000. Ayes all, 5-0. Authorization for Mayor to Sign Contract: Web Cast Contract (2007-105) Commissioner Matthew McCabe moved and Commissioner John Franck seconded to approve a month to month contract to begin September 1, 2007 for the web cast of the City Council meetings with Onstream Media Corporation, Inc. as presented for a range of cost per month from $99 to $750 per month depending upon the number of viewers and a one- time set up fee of $200 - contingent upon the approval of the City’s Risk and Safety Manager. Commissioner McCabe said that budget limitations necessitated the start date of September 1, 2007. Ayes all, 5-0 Announcement: Budget Presentation Commissioner McCabe announced his annual budget presentation will be held in the Susman Room in the Saratoga Public Library on Wednesday June 20, 2007 at 7:00 p.m. He said the session is informal and includes public discussion and answers to common questions. He said it is his final presentation of his stint as Commissioner of Finance. Discussion & Vote: Help Desk Technician (2007-106) Commissioner McCabe said that there have been an overwhelming number of requests from every City Department for increased IT assistance, and as a result, IT has designed a reorganization of its department to include a new title known in the field as a Help Desk Page 19 of 26 City of Saratoga Springs City Council Meeting Minutes Tuesday June 19, 2007 Technician. He said tonight that he is seeking City Council approval to approve the creation of the new position and set its salary grade and step. He said the Finance Department will ask to fund this position in the 2008 budget. He explained that the position is that of technical support; the person who gets the first call and either helps the caller or triages the caller in terms prioritizing the issue and sending it sent to the correct person. The employee would be responsible for receiving and responding to telephone inquiries and requests related to operational computer system problems and will offer support to City Hall, Police, Fire and other satellite office locations. He said that Civil Service reviewed and classified the new title at their May 21, 2007 meeting and a job specification was developed in conjunction with the IT Department. Commissioner McCabe said that the CSEA Union President has accepted the title and corresponding Grade and Step, which, based on the 2008 salary schedule is $28,958 with the range for grade 4 being $28,958 to $34,479. He said it is a 40-hour per week position. Commissioner Matthew McCabe moved and Mayor Valerie Keehn seconded the creation of the Help Desk Technician as a 40-hour position at a salary beginning at Grade 4 step 1. Ayes 3, Nays, 2 (Franck, McTygue) Discussion & Vote: Computer Support Technician (2007-107) Commissioner Matthew McCabe moved and Mayor Valerie Keehn seconded to change the grade and salary of the Computer Support Technician from a Grade 11 Step 3 salary of $39,081 to Grade 13 Step 2 salary of $43,472 with an effective date of August 6, 2007. Commissioner McCabe said that the reorganization of the IT determined that the current salary of the Computer Support Technician was outstripped by the level of responsibility of the position. He said the amount needed to fund this for the remainder of the year is approximately $1,980 including social security and is in the Finance Department budget. He said that the CSEA Union President has accepted this change. Commissioner Franck asked if the change in salary meant that the individual would also receive a step increase this year. Deputy Commissioner Bachner said that there is a contractual raise for union members in January 2008, but there is no step increase in the salary of this position until August 6, 2008. Commissioner McTygue said he could bring the same argument to the table for his employees and would be told that it should be dealt with at budget time. Commissioner McCabe said he could make the case now or at budget time, this is a serious decision. Commissioner Franck said he has tried to get a small raise for an employee and that and all other such proposals were denied under the premise that they should be brought up during the budget talks, yet you are coming here with a request for a raise for your employee; this is inconsistent with previous decisions. Commission McCabe said that IT needs the support and strength, and although it might have to wait until January 2008, it should be given flexibility and consideration now; the technical center is growing. Mayor Keehn said that technicians are making more money elsewhere. Commissioner McCabe said it is a difficult decision. Ayes 3, Nays, 2 (Franck, McTygue) Request for State Legislature Special Act – Implementation of PBA Retirement Plan 384e, 384e(b) (2007-108) Commissioner McCabe said that in the memorandum of understanding of the City’s contract with the Police Officers, the City agreed to the provision of §384-d including §384-e of the Retirement and Social Security Law. He said the City agreed to amortize this but to open discussion, the City must ask the State to enact the pertinent Senate and Assembly bills to authorize the plan. Page 20 of 26 City of Saratoga Springs City Council Meeting Minutes Tuesday June 19, 2007 Commissioner Kim said that three officers are eligible for either tier 1 or tier 2 and in order to find out from the State which of the programs is best for the City this resolution must be passed and submitted to the State, and then, only upon receipt of the resolution approved by a 2/3 vote, would the State cost out the benefits of this program over the existing tiers. He said the State requires the enactment of this legislation in order for it to determine the cost of this program to the City. He said the cost to the City for this plan might be less than the estimated $361,000. Commissioner Matthew McCabe moved and Commissioner Ronald Kim seconded to approve the resolution for a state legislature special act as presented: WHEREAS, the City of Saratoga Springs has agreed to the provisions Of a certain retirement plan for police officers; to wit §384-d including §384-e of the Retirement and Social Security Law; and WHEREAS, the enrollment of certain officers in the newly offered plan Requires a special law of the State Legislature; NOW, THEREFORE, BE IT RESOLVED, that the City of Saratoga Springs Hereby respectfully requests the enactment of Senate ill #6273 and Assembly bill #9016 authorizing the above-referenced retirement plan to Saratoga Springs Police Officers John King, William Crandall, and Michael Biss. The question of the adoption of the foregoing resolution was duly put to vote, which Resulted as follows: Valerie Keehn VOTING_AYE John P. Franck VOTING_AYE Ronald J. Kim VOTING_AYE Matthew W. McCabe VOTING_AYE Thomas G. McTygue VOTING_AYE Ayes all. Accept Donations for Fireworks (2007-109) Commissioner Matthew McCabe moved and Commissioner John Franck seconded to accept the following donations for the Fireworks display: Supreme Cuisine, Inc D/B/A Gaffney’s Off Broadway $1,000 The Adirondack Trust Company $ 750 Stewart’s $ 250 Ayes all Informational: Bond Rating Commissioner McCabe said that on Monday June 18, 2007 the city was given final notification of the bond rating for the upcoming bond sale of $9.2 million on June 26, 2007. The City was assigned a rating of A-2 which is considered a upper-medium grade subject to low credit risk. He said it is a downgrade from the previous rating of A-1 with a negative outlook and it may affect the interest rate by a few basis points. He said the main concerns are the same things he has been discussing throughout his tenure and include the trend of the General Fund operating deficits, which reduce the City’s financial flexibility to address unforeseen budgetary pressures. Moody’s states that our healthy revenue performance was offset by retirement costs and that the state allowed deferral in 2005 was neutralized by the GASB requirement that the liability for the expenditure be included where the revenue was not. Commissioner McCabe said that Moody was positive about the outlook for stabilization in 2007; that the city did not rely on its fund balance to balance the 2007 budget; the City’s conservative and accurate revenue budgeting; the City’s goal of increasing the unreserved and non-appropriated fund balance to about 5% of the General Fund budget; the thriving growth of the City; the City’s relatively low debt burden; and how far the City has come, especially in the Sewer and Water funds to correct its structural Page 21 of 26 City of Saratoga Springs City Council Meeting Minutes Tuesday June 19, 2007 imbalance in a fairly short time. He said that five cities have higher ratings than Saratoga Springs and six cities have the same rating. He is hopeful that if the council continues to pass conservative budgets, monitors those budgets and continues to receive the state aid based on the VLT revenue the City would be upgraded in 2008 DEPARTMENT OF PUBLIC WORKS Resolution for South Broadway Project Commissioner McTygue said that according to Paul Male, City Engineer, the City Council must take action on a supplemental agreement #4 and resolution for the South Broadway project. Mayor Keehn said that the resolution includes an increase of $23,000. Paul Male said the agenda item should be pulled because it requires a capital budget amendment. He said there is no time urgency on this. Commissioner McTygue pulled this item from his agenda. Permission for the Mayor to Sign Curb Work Contracts – White Street (2007-110) Commissioner Thomas McTygue moved and Commissioner Ronald Kim seconded for Council approval for the Mayor to sign curb work contracts for properties on White Street. This is in anticipation of paving that street. The contracts are for Allyson Byrne of 66 white Street, $2,144.00; Elinor Riter of 77 White Street for $1,568.00; Denton W. Crocker of 118 White Street for $1,632.00; Joseph Marcuccio of 123 White Street for $1,664.00; James Post of 126 white Street for $1,600.00 John Reed at 102 White Street for $1,472.00; and William J. Greene of 119 White Street for $1,696.00. Ayes all Set Public Hearing: To Amend Capital Budget for Excelsior Avenue Culvert Commissioner McTygue requested that a Public Hearing be set for the next City Council meeting to amend the capital budget for the Excelsior Avenue Culvert project. They have re-bid that project and there is currently no enough money in the capital budget to pay for it. Commissioner McTygue set the public hearing for Tuesday, July 3 at 6:35 p.m. Set up Pilot Program for Putnam Street Parking Deck This item was previously discussed. Approval to Use C.N.A. Company for Lab Testing (2007-111) Commissioner McTygue said he is requesting City Council approval to use the local firm of C.N.A. Environmental for all of the department’s lab testing. This will be for potable water quality as well as storm water samples. He said that because it is a local company, the water samples could be dropped off as soon as they are taken, which would save the City the money and time of packing and shipping them out. Commissioner Thomas McTygue moved and Commissioner Ronald Kim seconded to approve the contract with C.N.A. Environmental as presented. William McTygue said the money is in the water/sewer budget, the fees vary per testing item, the list is attached to the contract; the periodic tests are required. Ayes all Appointment (2007-112) Commissioner McTygue announced the appointment of Jim Brophy as Deputy Commissioner of the Department of Public Works. Page 22 of 26 City of Saratoga Springs City Council Meeting Minutes Tuesday June 19, 2007 Discussion on Saratogian Property Commissioner McTygue said that he and Commissioner John Franck plan to discuss with the management of the Saratogian the use or sale of part of their lot for public parking. He said that there are often numerous cars towed out of that lot for parking there; he said it is a shame that a centrally located lot that size is often empty. He would like to try to work out an arrangement with the Saratogian to use the lot for public parking in the evening. Emergency Gasoline Clean-up (2007-113) Commissioner McTygue said that while proceeding with the City’s generator project and digging on the southeast corner of City Hall property, workers hit a 1,000-gallon gas tank buried in the ground. He said no one was aware that it was there; they summoned representatives from DEC as required and hired a firm to pump it out. The firm, Optec of Albany, prepares tanks for proper disposal. Environmental Services cleaned out the tank, but $1,655 is needed to remediate and clean it for proper disposal. William McTygue said that it is an old gasoline storage tank associated with an old vehicle repair shop. He said this is an unexpected expense for the generator installation project, and they would like to investigate the possibility of using capital budget balances to cover the expense. Commissioner McTygue requested a public hearing to amend the capital budget for the generator project. The public hearing was set for Tuesday, July 3 at 6:40 p. m. Commissioner Thomas McTygue moved and Commissioner Ronald Kim seconded for approval to pay Optec of Albany $1,655 for disposal of the underground gas tank. Ayes all Announce Paving Schedule Commissioner McTygue announced the paving schedule for June 25 through June 29: Van Dam Street/Church Street from Wells to North Van Rensselaer, and Russell Street from Van Dam to the dead end would be milled one day and prepped and paved the next three days. PUBLIC SAFETY DEPARTMENT Emergency Medical Procedures Ordinance (2007-114) AN ORDINANCE TO CREATE CHAPTER 107 OF THE CODE OF THE CITY OF SARATOGA SPRINGS, NEW YORK, ENTITLED “EMERGENCY MEDICAL SERVICE PROVIDERS” BE IT ORDAINED by the City Council of the city of Saratoga Springs, New York, Following a public hearing, as follows: SECTION 1. Chapter 107 f the code of the city of Saratoga Springs, New York, Entitled “Emergency Medical Service Providers” is hereby created to read as follows: 107-1 PURPOSE The purpose of this chapter is to promote the health, safety, and welfare of people in The City of Saratoga Springs by establishing regulations that help to assure that persons Receiving pre-hospital care and ambulance service in the City will receive appropriate and adequate care and attention. It is hereby declared to be the policy of the City of Saratoga Springs that all pre-hospital care and ambulance services available in the City shall be available from personnel trained, certified, and prepared to render advanced life support services. 107-2. AUTHORITY This chapter is enacted pursuant to city charter sections 6(D) and 6.3.2 authorizing the Commissioner of Public Safety to establish Public Safety Service Programs and Emergency Medical Services Plans. 107-3. STANDARDS A. The commissioner of Public Safety shall have authority to establish standards, rules, and regulations for providers of pre-hospital emergency medical care and ambulance services in the City in accordance with NYS DOH laws governing the licensing of these services. Page 23 of 26 City of Saratoga Springs City Council Meeting Minutes Tuesday June 19, 2007 B. The Commissioner of Public Safety shall have authority to establish procedures to direct, centralize, and process all calls for pre-hospital emergency medical care and ambulance service to Assure efficient and prompt response. C. The Commissioner of Public Safety shall have authority to establish, from time to time Committees to review the effectiveness of emergency medical care and ambulance services in the City and to make recommendations for improvement. SECTION 2. This ordinance shall take effect the day after publication as provided by provisions of the City Charter of the City of Saratoga Springs, New York. Commissioner Ronald Kim moved and Mayor Valerie Keehn seconded to approve an ordinance to create chapter 107 of the code of the city of Saratoga Springs, New York entitled “Emergency Medical Service Providers” as presented. Ayes all Restrict parking on South Franklin Street to East Side Only (2007-115) AN ORDINANCE TO AMEND CHAPTER 225 OF THE CODE OF THE CITY OF SARATOGA SPRINGS, NEW YORK, ENTITLED “VEHICLE AND TRAFFIC” BE IT ORDAINED by the City council of the City of Saratoga Springs, New York as follows: SECTION 1. Chapter 225 of the Code of the City of Saratoga Springs, New York entitled “Vehicle and Traffic” is hereby amended as follows: A. Section 225-81 is amended to add the following to Schedule XVI: “Parking Prohibited at All Times”. NAME OF STREET SIDE LOCATION South Franklin Street West Between Grand Avenue and Beekman Street 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 Commissioner Ronald Kim moved and Commissioner Thomas McTygue seconded to amend Chapter 225 of the Code of the City entitled “Vehicle and Traffic” to prohibit parking at all times on the west side of South Franklin Street between Grand Avenue and Beekman Street. Ayes all, 5-0 Make One-way Traffic and One-Sided Parking on Granite Street Permanent (2007-116) Commissioner Ronald Kim moved and Mayor Valerie Keehn seconded to make the temporary measure of one-way traffic and one sided parking on Granite Street permanent. Commissioner Kim explained that the council had approved making the one-way traffic and one sided parking on Granite Street a temporary measure to see if it solved the problems there and it has so they wish to make it permanent. Ayes all, 5-0. Make the temporary one-side only parking on Greenfield Avenue Permanent (2007-117) Commissioner Ronald Kim moved and Commissioner Thomas McTygue seconded to make the temporary one-side only parking on Greenfield Avenue permanent. Ayes all Donate Obsolete Fire Truck E552 to Mutual Aid Americas Commissioner Kim pulled this item from his agenda. Financing vs. Leasing of a New Public Safety Station This item was previously discussed. SUPERVISORS Page 24 of 26 City of Saratoga Springs City Council Meeting Minutes Tuesday June 19, 2007 Supervisor Keyrouze: New York Horse Park, Inc. Supervisor Keyrouze said the full Board of Supervisors and the Saratoga County Law and Finance Committee support the concept of a horse park. There will be an August fundraiser to raise money for the horse park but there are no details yet. Sonny Bonacio and Tony Giardino are scheduled to present the concept of a horse park and the proposals at a Town of Milton event Supervisor Keyrouze said that they are working with Saratoga Plan on a land-site evaluation matrix to come up with a location and land best suited for the horse park. Testimony for Governor Spitzer’s NYS Commission on Local Government Supervisor Keyrouze submitted for the record a 27-page presentation as “Testimony on Government Consolidation” that was presented at a public hearing held June 13, 2007 at the Saratoga Springs Public Library. She said that Saratoga County and the City of Saratoga Springs are urged to take part in this initiative of consolidation; the mission is to save money and improve and strengthen services to constituents. Tompkins County Health Care Task Force Supervisor Keyrouze said that Tompkins County has a Health Care Task force and they are looking for all Counties to support a statewide healthcare program; she will update the Council. Citizen Transportation Committee for Saratoga County Supervisor Keyrouze is making the rounds to senior facilities and the Senior Citizen Center to support adding a fifth transportation route for senior citizens that cover all senior facilities. Sundae on the Farm Supervisor Keyrouze said that she went to Hanehan’s Farm for the Sundae on the Farm event and there were fun and educational activities. She said that in the last 4 decades the County has lost 25% of its farms; she urges everyone to support the local farms of Saratoga County. Supervisor Yepsen: Supervisor Yepsen said that County Supervisors passed all resolutions to increase County Services to the elderly such as transportation and nutritional assistance funded and managed by the Saratoga County Office for the Aging. Report on June Resolution by the County Board of Supervisors Supervisor Yepsen said that the Supervisors voted to support the resolution to create the animal shelter trust fund and a resolution to conduct a feasibility study of County Emergency Shelters. Preservation of the Race Track Supervisor Yepsen said she is actively attending meetings and has asked the County Racing Committee to support and address the issue of the preservation of the Saratoga Race Course. Update on Beekman Street Renovations and Promotions Supervisor Yepsen said that there is a long-range plan to create an appealing destination on Beekman Street. Within this plan, the project to clean up and renovate the Frederick Allen Lodge is progressing; they will hold a workday this Saturday. Volunteers are welcome. PUBLIC COMMENT Mayor Keehn opened the public comment period. Seeing that no one wished to speak, Mayor Keehn closed the Public comment period. Page 25 of 26 City of Saratoga Springs City Council Meeting Minutes Tuesday June 19, 2007 ADJOURNMENT Mayor Valerie Keehn moved and Commissioner Ronald Kim seconded to adjourn the meeting at 11:05 p.m. Ayes all Respectfully submitted, Nancy Wagner Clerk Adopted: Page 26 of 26