City Council

City of Saratoga Springs City Council Meeting Minutes Tuesday, July 3, 2007 CITY OF SARATOGA SPRINGS CITY COUNCIL MEETING CITY COUNCIL ROOM TUESDAY, JULY 3, 2007 7:00 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 Eileen Finneran, Deputy Mayor Bill McTygue, Director, DPW PUBLIC HEARINGS Capital Budget Amendment – Excelsior Avenue Culvert Mayor Valerie Keehn said this is a public hearing on a capital budget amendment for the Excelsior Springs Culvert. The lowest bidder came in at nearly $77,000 more than was budgeted. Mayor Valerie Keehn opened the public hearing. There being no one wishing to speak, Mayor Valerie Keehn closed the public hearing. Special Livery Ordinance Commissioner John Franck said this is a public hearing on the special livery ordinance which was left open from the June 19 meeting. He said the amendment to this ordinance allows for the elimination of the class E license. Daniel Hegner, 3 Marion Place, owner Saratoga Pedicab, said these are positive changes for this ordinance and urged the Council to adopt the amendment. He thanks Commissioner John Frnack for getting this done so quickly. Mayor Valerie Keehn opened the public hearing. There being no one else wishing to speak, Mayor Valerie Keehn closed the public hearing Senior Citizen Housing Projects Mayor Valerie Keehn said this is public hearing on an amendment to the senior citizens housing. The matter will not be voted on this evening. This amendment clarifies the definition of senior housing projects as multi family with at least one resident at 62 years of age and the household income at 60 percent or less than the median income as established by HUD. Mayor Valerie Keehn opened the public hearing. There being no one wishing to speak, Mayor Valerie Keehn closed the public hearing. Vessels & Waters Ordinance – Canoe Launch Permits 1 of 13 City of Saratoga Springs City Council Meeting Minutes Tuesday, July 3, 2007 Commissioner John Franck said this is a public hearing on an amendment to the Vessels and Waters Ordinance to allow for a permitting process for non-motorized boat launching from the city owned parcel on Saratoga Lake. Tony Izzo said this is simply a regulatory procedure. Commissioner John Franck said the proposed license fee is $25. He said this year due to the lateness of the season, permits would be issued, however, next year it could be changed to a sticker system. Mayor Valerie Keehn opened the public hearing. There being no one wishing to speak, Mayor Valerie Keehn closed the public hearing. CALL TO ORDER Mayor Valerie Keehn called the meting to order at 7:00 p.m. PUBLIC COMMENTS Mayor Valerie Keehn opened the public comment period. John Kraus, 227 Grand Avenue, thanked the Council for allowing the fireworks event to take place tomorrow. He said with the proposed $3.8 million in VLT revenues the City’s tax rate could have been $4.55 rather than $4.94, if the City had known that the VLT revenues were going to be $1 million more than budgeted. This extra money should be put in a separate account for 2008 to be used for tax relief. He estimated that the VLT revenue for next year could be as high at $4.9 million. The money could be used to cover new operating expenses and the proposed EMS/fire facilities. Dave Bronner, 5 Royal Henley Court, urged the Council to adopt the vessels and waters amendment. He said the readers view article in the newspaper on July 1 questioned the Mayor on the water issue. The Mayor is simply asking for more public disclosure on what it will cost the taxpayers. There is no construction or financing plans. Some studies have stated that this project could cost as much as $30 million. There needs to be a public forum on the water issue. He also quoted Commissioner Thomas McTygue as saying “as long as I’m public works commissioner I will not bring water from the Upper Hudson to the City”. He said this is a democracy and one person on the Council cannot make the decision. The residents do not want to hear these sorts of statements. Tony Izzo, 158 West Circular Street, said he was listening to channel 6 news earlier and they reported that the fireworks set for tomorrow evening were going to be delayed. He said that is not true. Commissioner Thomas McTygue said there have been many meetings on water and they have been up front on the costs. If David Bronner has questions, he should write them down, send them to him and a written reply will be done. DPW has met with the Saratoga Lake Association and the Water Edge residents to go over this project and the costs. He said that water pays for water and this is not part of the tax rate. There are tapping fees that pay for the attorneys and this proposed project. He said as long as he is Commissioner he will not allow the residents of this City to drink water from the Hudson River. He noted that the Waterford supervisors are now expressing their concerns with the Hudson River water because of the proposed dredging. The City should maintain control of its water. He said the project will be bid when the permit is obtained from the state. Mayor Valerie Keehn said there has been conversation during the capital budget committee meetings on the inclusion of the water project in the capital budget. It is a capital project that meets the criteria of a capital project. Bill McTygue has agreed to provide those numbers to that committee. Bill McTygue said he has discussed this with the commissioner and it is the commissioner’s thought that once the permit is received, then the project will be formulated in more detail and brought to the capital budget committee. The cost is not a mystery and it is estimated at about $17 million. The project will be phased though. He said that regardless of the monitoring plan produced by the City’s Planning Board which stated that there was at least eight to ten years life left in the existing water supply, those numbers are only as good as the rain fall. If there is a drought, then there could be a serious problem. Mayor Valerie Keehn said this is a capital project that needs to be included in the capital budget. Bill McTygue said the capital budget committee has other more immediate projects that it needs to address. The water project is years away. The commissioner will discuss the numbers when the time is right, but right now they are waiting for the permit from the state. Mayor Valerie Keehn said she was somewhat confused with Bill McTygue’s statement that the City may not be in any immediate danger with the water, however, if there is a drought . . . Bill McTygue said that once the City has 2 of 13 City of Saratoga Springs City Council Meeting Minutes Tuesday, July 3, 2007 the permit and they know they have a project, they will talk about phasing. Mayor Valerie Keehn said having a permit does not make this a capital project. Commissioner Thomas McTygue said there are a number of capital projects being brought forth and there is no way to fund all of them. He said when the City has a permit, then it becomes a project. They will also bring money savings proposals to the table. Mayor Valerie Keehn said the purpose of a capital budget is to have a plan in place for capital spending. The water project is a capital project. Projects move up on the list and/or sometimes fall off the list. Bill McTygue agreed that the capital budget is a road map for capital projects but the City is not yet at the point of knowing whether this is a real project. When we know for sure that it is a capital project, then a plan will be formulated. He said the City first needs to get beyond the litigation in connection with this project and then the $17 million project will be phased. There being no one else wishing to speak, Mayor Valerie Keehn closed the first public comment period. MAYOR’S DEPARTMENT Indoor Recreation Facility – SEQR Determination (07-120) Mayor Valerie Keehn said the indoor recreation facility proposal is detailed in the feasibility study. The 2007 capital budget has $6.5 million for design and construction. In December 2006, the Council adopted a plan of action that tentatively named the Weibel Avenue property as the location contingent upon the completion of local and environmental reviews. That same policy statement directed the Council to initiate a coordinated SEQR with the request that the Council be the lead agent. Actions as defined by SEQR are: a) project or physical activities that may impact the environment and are directly undertaken by the City, or b) planning and policy making activities that impact the environment. No agency involved in an action may undertake, fund or approve the action until it has complied with SEQR. She said at this point the City has assumed lead agency. All necessary project environmental assessment forms, supplemental information, traffic analysis and archaeological sensitivity assessment actions have been completed. The SEQR concluded that there is no adverse impact on the environment and no EIS will be prepared. It did conclude, however, that a traffic signal or other device would be required at the intersection of Weibel Avenue and the site entrance road. Mayor Valerie Keehn suggested that the City consider funding in the 2008 capital budget for the traffic signal or other device. The City Engineer is also looking at other funding opportunities. Mayor Valerie Keehn moved and Commissioner Ron Kim seconded the following resolution: A Resolution Determining Environmental Significance of the Proposed Saratoga Springs Indoor Recreation Facility , setting forth and adopting a negative declaration WHEREAS, the City of Saratoga Springs , City Council , proposes to construct an Indoor Recreation Facility on City owned land off Weibel Avenue ; WHEREAS, the proposed funding and construction of the proposed Indoor Recreation facility is an “Unlisted Action ” as defined in the NYS Environmental Quality Review Act; and WHEREAS, no such “Action ” may be undertaken, funded or approved until such time as the requirements of said Environmental Quality Review Act are met; and WHEREAS , the City Council has sought SEQRA “Lead Agency ” status for purposes of completing the required project env ironmental review record; and WHERAS, the City Council, as the designated “Lead Agency ” must determine the significance of any Type I or Unlisted action in writing; and WHEREAS, to require an EIS for a proposed action, the lead agency must determine that the action may include the potential for at leas t one significant adverse impact; and WHEREAS, to determine that an EIS will not be required for an action, the lead agency must determine either there will be no adverse environmental impacts or that the identified adverse impacts will not be significant ; and WHEREAS, in determined signif icance of an action a lead agency must (1) consider the defined action; (2) review the EAF and other supporting information ; (3) analyze any identified relevant areas of environmental concern; and (4) set forth its determination of significance in written form; and WHEREAS, based on a review of the Project Environmental Review Record and the requisite hard look that has been conducted of potential impacts, the City Council, as Lead SEQR Agency, concludes that the proposed action as defined in the Feasibility Study for the Saratoga 3 of 13 City of Saratoga Springs City Council Meeting Minutes Tuesday, July 3, 2007 Springs Indoor Recreation Facility will have no significant adverse negative impact on the environmental and, the refore, no EIS will be prepared; NOW, THEREFORE, BE IT RESOVLED, that this City Council adopts this Negative SEQRA Declaration and authorizes and directs the Mayor’s Office, as required by NYCRR 617.12, to file and distribute the contents of the project environmental review record. Commissioner John Franck asked about the shooting range at the PBA fields and whether that had any impact. Lew Benton, Administrator of Parks, Recreation and Open Space, said there is no concern with the PBA fields. The shooting is done in the opposite direction under controlled circumstances. Commissioner John Franck asked about the temporary on site septic system. Lew Benton said there will be a temporary on site sewer system until City infrastructure is available. Commissioner John Franck asked about the T-4 zone and how this project fit within that zone. Lew Benton said that this proposal is consistent with the zoning ordinance and will be subject to site plan review. Commissioner John Franck asked about sidewalks. Lew Benton said that was a footnote within the project description. He said the Council has gone beyond the minimum requirements by completed a traffic study and an archaeological survey. The Planning Board recommended pedestrian access but it is not a requirement. He reminded everyone that once this plan is adopted, all of the requirements will need to be met. Mayor Valerie Keehn said there was one proposal for this project and they made a presentation to the committee last week. They will be returning to the Council with additional information. Commissioner John Franck asked if the $300,000 for the traffic signal would be part of the bonding. Mayor Valerie Keehn said it could be included in the capital budget. She said it was also possible that something could be added to the capital budget for pedestrian access/safety. Commissioner Thomas McTygue said he was frustrated that there was only one bidder on this project. He was also frustrated that it may not be a design build. Design build saves the City money. Commissioner Matthew McCabe said it was his understanding that it was not yet firm that the City could pursue design build. He said if it was an option, the City should consider it. Mayor Valerie Keehn said there has been a lot of debate on design build vs. design bid build. The RFP allowed for maneuvering on this matter. The consultant has done both, however, they recommend the design/bid/build model. There could be more debate as to whether design build vs. design bid build really saved money. Commissioner John Franck suggested that $337,000 in fees could be eliminated and used for the traffic signal. Mayor Valerie Keehn agreed but noted that we are still at the beginning stages of this process and that is something to consider. Ayes all. PRESENTATION SEED Committee – Environmental Initiatives Mark Torpey, Saratoga Energy and Development project. Mark Torpey said that a green house gas inventory was completed in 2000 for residential, commercial, industrial, transportation and waste uses. He said in total the City produces about 470,000 tons per year of CO2 which compares on average to other cities. There are ways to reduce the CO2 with three practical projects: energy performance contracts, biodiesel school bus project and wind energy procurement. The City is currently working with a firm on the energy performance savings. That firm has agreed to develop a preliminary design for solar energy at the Weibel Avenue ice rink, sponsor a membership in the ICLIECCP and establish a C02 reduction protocol for the City. Under the school bus project, the school district currently runs 100 busses, logging more than 1.5 million miles per year. They are now working with the school on using biodiesel fuel and the school will try this out with two busses. Lastly, the City currently buys $43,500 to promote wind energy. He said while it was a good program, it didn’t do anything to reduce energy. He suggested that there be some consideration given to forming a consortium with Skidmore and the hospital on wind energy purchasing. He also recommended that the Council consider doing an RFQ to identify companies to develop a contract to reduce long term energy costs and green house gas emissions. Commissioner John Franck asked if the City would actually purchase a wind mill. Mark Torpey said there were many options to choose from. He said though that more than likely it would be a long term power purchase agreement. 4 of 13 City of Saratoga Springs City Council Meeting Minutes Tuesday, July 3, 2007 Commissioner John Franck said he was not interested in the City purchasing windmills. Mayor Valerie Keehn clarified that the City is currently paying a premium for wind energy, however, it is not cutting the City’s energy costs. Mark Torpey said this is a common purchase which indirectly provides a benefit to promote the development of the renewable wind energy. Mayor Valerie Keehn asked how much it would cost the City to make these improvements or invest in such projects and when would the City see a financial benefit. Mark Torpey said that was difficult to predict because it would depend on contractual arrangements. He said, though, that the City could form an alliance with larger energy users in this community for up to three wind turbines. He said the cost could be as high as $1 million. Mayor Valerie Keehn asked if he had spoken to the hospital and Skidmore. Mark Torpey said he had informal discussions. Mayor Valerie Keehn thanked him for this presentation. CONSENT AGENDA Mayor Valerie Keehn moved and Commissioner Ron Kim seconded to approve the consent agenda as presented. 1. Approval of Minutes: June 19 & 25, 2007 2. Extension of Bid – Tire Repair & Service: Adirondack Tire Co., for one year under the same terms and conditions 3. Approve Payrolls: June 22, 2007 $407,627.30 June 29, 2007 $402,078.99 4. Approval Warrants: Mid MC2JUN07 $234,260.99 General 1JUL07 $551,988.58 Ayes all. MAYOR’S DEPARTMENT Principal Planner Resolution (07-121) Mayor Valerie Keehn said at the last Council meeting the Planning Department was reorganized with new positions, grades and salaries. The principal planner at $59,439-$73,150, senior planner at $48,475-$59,455, planner at $37,500-$45,200 and Land Use Board Clerk at $33,900-40,760 were approved. The CSEA Union and the City have agreed to disagree on the inclusion of the Principal Planner within the City Hall Union contract. Therefore, the position, will be outside of the union. Mayor Valerie Keehn moved and Commissioner Ron Kim seconded to approve the position of Principal Planner and that position be part of the resolution that governs the full time personnel not included in union contracts. That resolution for those employees was adopted on December 19, 2006 and amended on February 20, 2007. This position will be 40 hours, provisional appointment, competitive, salary at $62,229 with a start date of July 23, 2007. Ayes: three (Mayor Valerie Keehn, Commissioners Matthew McCabe and Ron Kim); Nays: two ( Commissioners Thomas McTygue and John Franck ). Motion carried. Indoor Recreation Facility – SEQRA Determination Previously discussed. Skate Park Fridays Linda Terricola said the Recreation Commission will sponsor Skate Park Fridays. This program, has in the past, helped to increase enrollment in the skate park. The program will begin on Friday, July 6 and end on Friday, September 7. The special daily rate will be $2 for City residents and $4 for non-City residents. Fly Fishing Program Linda Terricola said the Recreation Department has requested approval for the new fly fishing program. The program fees are $55 for city residents and $60 for non-city residents. The independent contractor will receive $50 per participant. The clinics will require a minimum of ten participants per class. She said the insurance was in place. 5 of 13 City of Saratoga Springs City Council Meeting Minutes Tuesday, July 3, 2007 Therefore, Mayor Valerie Keehn moved and Commissioner Ron Kim seconded to approve the fly fishing program as presented. Ayes all. NYCOM Resolution (07-122) Mayor Valerie Keehn moved and Commissioner Thomas McTygue seconded to adopt the NYCOM Resolution entitled, endorsing the U.S. Mayors Climate Protection Agreement as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA SPRINGS, N.Y. ENDORSING THE U.S. MAYORS CLIMATE PROTECTION AGREEMENT BE IT RESOLVED, by the City Council of the City of Saratoga Springs, N.Y., as follows: WHEREAS, the U.S. Conference of Mayors has adopted strong policy resolutions calling for cities, communities and the federal government to take actions to reduce global warming pollution; and WHEREAS, the Inter-Governmental Panel on Climate Change (IPCC), the international community ’s most respected assemblage of scientists, has found that climate disruption is a reality and that human activities are largely responsible for increasing concentrations of global warming pollution; and WHEREAS, recent, well-documented impacts of climate disruption include average global sea level increases of four to eight inches during the 20 th century; a 40 percent decline in Artic sea- ice thickness; and nine of the ten hottest years on record occurring in the past decade; and WHEREAS, climate disruption of the magnitude now predicted by the scientific community will cause extremely costly disruption of human and natural systems throughout the world including: increased risk of floods or droughts; sea-level rises that interact with coastal storms to erode beaches, inundate land, and damage structures; more frequent and greater concentrations of smog; and WHEREAS, on February 16, 2005, the Kyoto Protocol, an international agreement to address climate disruption, went into effect in the 141 countries that have ratified it to date; 38 of those countries are now legally required to reduce greenhouse gas emissions on average 5.2 percent below 1990 levels by 2012; and WHEREAS, the United States of America, with less than five percent of the world’s population, is responsible for producing approximately 25 percent of the world’s global warming pollutants; and WHEREAS, the Kyoto Protocol emissions reduction target for the U.S. would have been 7 percent below 1990 levels by 2012; and WHEREAS, many leading US companies that have adopted greenhouse gas reduction programs to demonstrate corporate social responsibility have also publicly expressed preference for the US to adopt precise and mandatory emissions targets and timetables as a means by which to remain competitive in the international marketplace, to mitigate financial risk and to promote sound investment decisions; and WHEREAS, state and local governments throughout the United States are adopting emission reduction targets and programs and that this leadership is bipartisan, coming from Republican and Democratic governors and mayors alike; and WHEREAS, many cities throughout the nation, both large and small, are reducing global warming pollutants through programs that provide economic and quality of life benefits such as reduced energy bills, green space preservation, air quality improvements, reduced traffic congestion, improved transportation choices, and economic development and job creation through energy conservation and new energy technologies; and WHEREAS, mayors from around the nation have signed the U.S. Mayors Climate Protection Agreement which, as amended at the 73 rd Annual U.S. Conference of Mayors meeting, reads: The U.S. Mayors Climate Protection Agreement A. We urge the federal government and state governments to enact policies and programs to meet or beat the target of reducing global warming pollution levels to 7 percent below 1990 levels by 2012, including efforts to: reduce the United States ’ dependence on fossil fuels and accelerate the development of clean, economical energy resources and fuel;-efficient technologies such as conservation, waste to energy, wind and solar energy, fuel cells, efficient motor vehicles, and biofuels; B. We urge the U.S. Congress to pass bipartisan greenhouse gas reduction legislation that includes 1) clear timetables and emissions limits and 2) a flexible, market-based system of tradable allowances among emitting industries; and C. We will strive to meet or exceed Kyoto Protocol targets for reducing global warming pollution by taking actions in our own operations and communities such as: 1. Inventory global warming emissions in City operations and in the community, set reduction targets and create an action plan. 6 of 13 City of Saratoga Springs City Council Meeting Minutes Tuesday, July 3, 2007 2. Adopt and enforce land-use policies that reduce sprawl, preserve open space, and create compact, walkable urban communities; 3. Promote transportation options such as bicycle trails, commute trip reduction programs, incentives for car pooling and public transit; 4. Increase the use of clean, alternative energy by, for example, investing in “green tags”, advocating for the development of renewable energy resources, recovering landfill methane for energy production, and supporting the use of waste to energy technology; 5. Make energy efficiency a priority through building code improvements, retrofitting city facilities with energy efficient lighting and urging employees to conserve energy and save money; 6. Purchase only Energy Star equipment and appliance for City use; 7. Practice and promote sustainable building practices using the U.S. Green Building Council ’s LEED program or a similar system; 8. Increase the average fuel efficiency of municipal fleet vehicles; reduce the number of vehicles; launch an employee education program including anti-idling messages; convert diesel vehicles to bio-diesel; 9. Evaluate opportunities to increase pump efficiency in water and wastewater systems; recover wastewater treatment methane for energy production; 10. Increase recycling rates in City operations and in the community; 11. Maintain healthy urban forests ’ promote tree planting to increase shading and to absorb CO2; 12. Help educate the public, schools, other jurisdictions, professional associations, business and industry about reducing global warming pollution. NOW THEREFORE BE IT RESOLVED that this Council endorses the U.S. Mayors Climate Protection Agreement as amended by the 73 rd annual U. S. Conference of Mayors meeting and urges local legislators around the nation to join this effort. Commissioner Thomas McTygue said the City is ahead of the curve on this matter with the energy to ice program, tree plantings and other recommendations within this resolution. Ayes all. July 5, 2006 City Council Minutes correction Mayor Valerie Keehn said that in the July 5, 2006, Council meeting minutes, there is a typographical error on page 6. The word reads “workshop” and should read “worship”. Therefore, Mayor Valerie Keehn moved and Commissioner Thomas McTygue seconded to correct the typographical error in the July 5, 2006, City Council meeting minutes. Ayes all. DRC – Appointments (07-123) Mayor Valerie Keehn announced the appointment of Mark Hogan to the Design Review Commission with his term to expire on July 1, 2010 and the reappointment of Steve Rowland with his term to expire on July 1, 2010. She said thanked James Brophy for his time on the Commission. Commissioner Matthew McCabe clarified that Lew Benton would step down from the Planning Board. Mayor Valerie Keehn said his last meeting would be next Wednesday. ACCOUNTS DEPARTMENT Special Livery Ordinance (07-124) Commissioner John Franck said that two Council meetings ago he requested a public hearing on the Special Livery Ordinance. The public hearing was held at the last Council meeting and continued to this meeting. The revised ordinance has been available for review. Changes to this ordinance include:  Extending access for pedicabs up Caroline and Phila Street one way to Circular Street  Allowing pedicabs to cross Broadway at Congress Street to improve access to the West Side  No longer requiring a New York State Class E license for pedicab drivers (this is a requirement for motorized livery only, non-motorized will require a valid drivers license) 7 of 13 City of Saratoga Springs City Council Meeting Minutes Tuesday, July 3, 2007 Therefore, Commissioner John Franck moved and Commissioner Matthew McCabe seconded to adopt the changes to the Special Livery Vehicles Ordinance as follows. AN ORDINANCE TO AMEND CHAPTER 200 OF THE CODE OF THE CITY OF SARATOGA SPRINGS, NEW YORK ENTITLED “SPECIAL LIVERY VEHICLES ”. BE IT ORDAINED by the City Council of the City of Saratoga Springs, New York, following a public hearing, as follows: SECTION 1. Chapter 200 of the Code of the City of Saratoga Springs, New York, entitled “Special Livery Vehicles ”, is hereby amended as follows: A. The following language is hereby deleted from section 200-21 (A)(7): “New York State ” and “of class E ” B. The following language is hereby deleted from Section 200-22 (A)(2): “New York State ” and “of class E ” C. The following language is hereby deleted from Sections 200-21(A)(3): “New York State”. 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. Vessels & Waters Ordinance – Canoe Launch Permits (07-125) Commissioner John Franck said earlier this evening there was a public hearing on the proposed amendment to the existing Vessels & Waters Ordinance. This amendment allows for a new Article concerning public launching facilities. Tony Izzo is here to further explain these amendments. Tony Izzo said this sets up a regulatory procedure for public launching of boats at this facility. There will be a $25 permit issued good through December 31, 2007. Mayor Valerie Keehn asked when this would go into effect. Commissioner Thomas McTygue said he wanted some time to create some signs and get them hung. He said the picnic tables have been installed. Mayor Valerie Keehn said there would be an official opening tomorrow at 11:00 a.m. with a ceremony. This is a great opportunity for the residents of this community with the first public access to the lake from the City in a very long time. Commissioner Thomas McTygue said the previous Council should be commended as well for their part in bringing this to fruition. Therefore, Commissioner John Franck moved and Commissioner Thomas McTygue seconded to adopt the amendments to the Vessels and Waters Ordinance as follows:. AN ORDINANCE TO AMEND CHAPTER 228 OF THE CODE OF THE CITY OF SARATOGA SPRINGS, ENTITLED “VESSELS AND WATERS ” BE IT ORDAINED by the City Council of the City of Saratoga Springs, New York, following a public hearing, as follows: SECTION 1: Sections 228-1 through 228-6 of Chapter 228 are hereby designated as “ARTICLE I: SPEED AND OPERATION OF VESSELS ”. SECTION 2: A new Article II is added to Chapter 228 as follows: ARTICLE II PUBLIC LAUNCHING FACILITIES 228-7 Intent The intent of this article is to establish a basis for permitting and regulating activity on any facility established by the City of Saratoga Springs for use by the public to launch vessels. Nothing in this article is to be construed as superseding any provision of the Navigation Law of the State of New York. 228-7 Definitions As used in this Chapter, the following terms shall have the meanings indicated: PUBLIC LAUNCHING FACILITY – Any facility established by the City of Saratoga Springs for use by individuals licensed by the City to launch vessels into a body of water. RESIDENT OF THE CITY – any individual who owns, or lawfully possesses for a period of 3 months or more, one or more residential dwelling units within the City. 8 of 13 City of Saratoga Springs City Council Meeting Minutes Tuesday, July 3, 2007 228-8 License Required; Application A. No individual shall use any public launching facility without first obtaining a license therefore from the Commissioner of Accounts. B. An application for a license to use a public launching facility shall be filed in the Office of the Commissioner of Accounts. The application shall be signed by the applicant and shall contain the following information: 1. The name, address, and telephone number of the applicant. 2. The name, address, and telephone number of each person in the applicant ’s household who will be using the public launching facility. 3. Satisfactory proof that the applicant is a resident of the City. 4. Any other information deemed necessary by the Commissioner of Accounts for the reasonable review of the application. 228-9 Issuance of License Upon review of the submitted application, and upon a finding that the applicant has provided all information required, the Commissioner of Accounts shall issue a license to the Applicant. The Commissioner shall have authority to impose reasonable conditions on any license issued. The Commissioner shall also have authority to refuse to issue a license based upon a determination that the applicant has not satisfactorily met the requirements for same, or that the issuance of the license would adversely affect public health, safety, and welfare. 228-10 Regulations Every licensee under this Article shall comply with regulations established by the City Council and incorporated as Addendum “A” of this Article. 229-11 Fees A fee of Twenty Five Dollars ($25.00) shall be paid for each license issued under this Article. Each license shall expire December 31 on the year issued. 229-12 Penalties Any persons who, by himself or herself or by an agent or employee, shall conduct any activity described in this Article without a license, or who shall violate any of the provisions of this Article, or who, having had a license revoked or suspended, shall continue to conduct any activity described in this Article, shall, upon conviction, be subject to the penalties set forth in Chapter 1, General Provisions, Article III, of the Code. SECTION 3. 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. DEPARTMENT OF PUBLIC WORKS Capital Budget Amendment – Excelsior Springs Culvert (07-126) Commissioner Thomas McTygue moved and Commissioner Ron Kim seconded to amend the capital budget in the amount of $77,448 for the Excelsior Springs Culvert project. Commissioner Matthew McCabe noted that this will require DPW to pay the bond fee of $550. Commissioner Thomas McTygue agreed. Ayes all. ACCOUNTS DEPARTMENT Award of Bid: Excelsior Springs Culvert Upon the recommendation of the Department of Public Works, Commissioner John Franck moved and Commissioner Thomas McTygue seconded to award the bid for the Excelsior Springs Culvert to Rifenburg Construction in the amount of $269,400 and a 10 percent contingency of $26,940. He further moved to authorize the Mayor to sign the contract contingent upon the review of the City Attorney and the Risk & Safety Manager. Ayes all. Commissioner Thomas McTygue said the project would begin within the next few weeks. DEPARTMENT OF PUBLIC WORKS 9 of 13 City of Saratoga Springs City Council Meeting Minutes Tuesday, July 3, 2007 Change Order – Earth Tech Commissioner Thomas McTygue moved and Commissioner John Franck seconded to approve the change order with Earth Tech in the amount of $8,775 for the additional services and inspection fees for the Excelsior Springs Culvert project. Ayes all. FINANCE DEPARTMENT Budget Transfers – Liability Insurance, Payroll, Regular Commissioner Matthew McCabe moved and Commissioner Ron Kim seconded to approve the budget transfers as previously distributed . They have met all of the transfer guidelines and the availability of funds is hereby certified (Attachment A). Ayes all. Commissioner Thomas McTygue asked if there was anything unusual in the transfers. Commissioner Matthew McCabe said no. Budget Amendments Commissioner Matthew McCabe moved and Mayor Valerie Keehn seconded to approve the budget amendments as previously distributed. The budget amendments have met the amendment guidelines and the availability of funds is certified (Attachment B) . Ayes all. 2008 Budget Call Letter Commissioner Matthew McCabe announced that the 2008 budget call letter was distributed on June 29. He said the format is similar to last year and he urged everyone to begin working on this. Bond Sale Commissioner Matthew McCabe announced the bond sale on June 26 of $9.228 million in public works bonds. He said the rates varied from 4.2 to 4.350 with the bond going to 2030. The rates are a direct reflection of the market and it appears that the slight drop in the bond rating did not impact the rates. The official statement will be available in the near future. He thanked Christine Gillmett-Brown for all of her work on this matter. Donation for Fireworks Commissioner Matthew McCabe moved and Mayor Valerie Keehn seconded to accept the following donations for the fireworks event: Bonacio Construction $2,000; Ben & Jerry’s $1,000, Bill Carey, $500 and Kyle York, $480. Ayes all. Commissioner Matthew McCabe said there are many events scheduled for tomorrow. He said that although there is prediction for bad weather, they are still planning to hold the fireworks. DEPARTMENT OF PUBLIC WORKS Capital Budget Amendment – Excelsior Avenue Culvert Previously discussed. War Veteran’s Memorial Event Commissioner Thomas McTygue moved and Commissioner Ron Kim seconded that the City sponsor the War Veteran ’s Memorial Event in Congress Park. 10 of 13 City of Saratoga Springs City Council Meeting Minutes Tuesday, July 3, 2007 Commissioner Thomas McTygue said there would be a small encampment and reenactment in the park and then they will walk from the park to the Greenridge Cemetery. He said this group does not have any funding and they are simply looking for the City to provide the insurance. They may require a parade permit for the walk. Ayes all. Earth Tech – Change Order Previously discussed Capital Reserve Fund Resolution (07-127) Commissioner Thomas McTygue moved and Commissioner Matthew McCabe seconded to approve the capital reserve resolution as follows: WHEREAS, the City Council of the City of Saratoga Springs established the construction, reconstruction or acquisition of buildings Reserve Fund on November 7, 2006 “to accumulate moneys to finance the cost of a type of capital improvement . . . the construction, reconstruction, or acquisition of buildings and additions to or conversion thereof as described in subdivisions 11 and 12 of Section 11.00 of the Local Final Law ”, and, WHEREAS, the City is installing an emergency generator for City Hall to be place don a concrete pad with a retaining wall that is attached to the northeast section of the basement level and which requires site preparation and reconstruction and this is in accordance with the purposes of the CONSTRUCTION, RECONSTRUCTION, OR ACQUISITONS OF buildings Reserve Fund; NOW, THEREFORE, BE IT RESOVLED, that the above described expenditure up to an amount of $5,000.00 is hereby approved as authorized as in accordance with the CONSTRUCTION, RECONSTRUCTION, ORACQUISITOIN OF BUILDINGS Reserve Fund. Ayes all. National Grid Easement (07-128) Commissioner Thomas McTygue moved and Commissioner Ron Kim seconded to approve the easement with National Grid for the installation of an underground pad so that power can be provided to the project at the old YMCA. Mayor Valerie Keehn asked how wide was this right of way. Commissioner Thomas McTygue said this is a standard agreement and the right of way is not wide. Commissioner Matthew McCabe asked if National Grid would have the right to simply trim trees in the park. Commissioner Thomas McTygue said no, they would need to approach the City before trimming trees. Ayes all. Ice Rink Lease Commissioner Thomas McTygue moved and Commissioner Matthew McCabe seconded to authorize the Mayor to sign the contract with Saratoga Youth Hockey under the same terms and conditions as last year. Ayes all. DEPARTMENT OF PUBLIC SAFETY Feasibility Study Final Results for New Public Safety Building and Eastside EMS/Fire Facility Commissioner Ron Kim requested that a workshop be held on July 12 at 6:00 p.m. on the feasibility study for the new public safety building and the Eastside EMS/Fire facility. Council members agreed. SUPERVISORS Joanne Yepsen 11 of 13 City of Saratoga Springs City Council Meeting Minutes Tuesday, July 3, 2007 County Racing Committee: Joanne Yepsen said the County Racing Committee met yesterday with NYRA to get a preview of the 2007 season. They are predicting a good attendance and high purses. The County Racing Committee in cooperation with the Veterans will sponsor a day at the races on August 9. In the spring there was a meeting with the Governor’s appointee, Mr. Rifkin, on the NYRA matter. Yesterday the Inspector General released a document that all four franchises bidding on the track have passed inspection. The County is concerned with preservation of the track and future racing. Mayor Valerie Keehn said that she spoke to Mr. Rifkin today on this matter. She said that according to him, the Governor is trying to review all possible scenarios on the proposal. He said that there is a lot of misinformation. He did agree to let the Governor know that the City is interested in a meeting with him. Municipal officials from Aqueduct and Belmont may be included as well. She indicated to Mr. Rifkin that the City needs some information on this process to eliminate the fears. July 7, 2007, Live Earth on Beekman Street: Joanne Yepsen said that on July 7 Live Earth Day will be celebrated on Beekman Street with artists and a jazz event. July 4th in Congress Park: Joanne Yepsen also thanked everyone for their assistance in bringing the July 4th celebration in Congress Park to fruition. Cheryl Keyrouze Veterans Writing Program: Cheryl Keyrouze said the County will underwrite a Veterans Writing program. This program assists veterans in writing bios on their war time memories. She said this program is veterans assisting veterans. The purpose is for the veterans to value his/her time during the war and to give the residents of the county some first hand experience. Citizens Transportation Committee: Cheryl Keyrouze said that she recently met with the seniors on the new bus routes. At one time there was some discussion on removing some of the routes that were closer to the senior residences, however, those routes have returned. Mayor Valerie Keehn said she wanted to also credit her senior citizens committee for working on getting those routes reestablished. CDTA New i-ride system: Cheryl Keyrouze said that CDTA has invested $3.5 million in the transportation system in the City. There are new busses and new routes. Upper Hudson Rive Railroad: Cheryl Keyrouze said the upper Hudson Railroad offers scenic rides. She said she would be meeting with Congresswoman Gillibrand on the possible of having the scenic rides start in Saratoga Springs. Town Tours – Corinth: Cheryl Keyrouze said that last Thursday she continued her town tours and toured the Town of Corinth. She said that Corinth in the snow shoe capital of the world. She will continue these tours as they are valuable for her to better understand the challenges and diversities that each community has. She said Corinth is one of only two communities in the state that have palisades along the Hudson River. PUBLIC COMMENT Mayor Valerie Keehn opened the second public comment period. Andrea Rodgers, Raymond Watkins apartment, thanked everyone for the new bus routes and new busses. She said the new system is easy to ride and more enjoyable. Ken Ivens, Outlook Avenue, thanked all the volunteers for working on making the July 4th celebration happen. There being no one else wishing to speak, Mayor Valerie Keehn closed the second public comment period. EXECUTIVE SESSION Commissioner John Franck moved and Commissioner Ron Kim seconded to adjourn to executive session at 8:50 p.m. for personnel matter. Ayes all. Council members returned at 9:20 p.m. 12 of 13 City of Saratoga Springs City Council Meeting Minutes Tuesday, July 3, 2007 Commissioner John Franck moved and Commissioner Ron Kim seconded to authorize to provide outside Counsel for two employees involved in a personnel matter. The amount is capped at $1,000 combined and will come from the City Attorney’s budget. Ayes all. ADJOURNMENT Mayor Valerie Keehn moved and Commissioner John Franck seconded to adjourn the meeting at 9:23 p.m. Ayes all. There being no further business, Mayor Valerie Keehn adjourned the meeting at 9:23 p.m. Respectfully submitted, Kathy Moran Clerk Approved: 13 of 13