City Council

City of Saratoga Springs City Council Meeting Minutes Tuesday, August 7, 2007 CITY OF SARATOGA SPRINGS CITY COUNCIL MEETING CITY COUNCIL ROOM TUESDAY, AUGUST 7, 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 Frank Dudla, Deputy Commissioner, DPS Eileen Finneran, Deputy Mayor Michael Englert, City Attorney PUBLIC HEARINGS South Franklin Street Parking Mayor Valerie Keehn opened the public hearing on the South Franklin Street side parking. There being no one wishing to speak, Mayor Valerie Keehn closed the public hearing. EXECUTIVE SESSION Commissioner Matthew McCabe moved and Commissioner Ron Kim seconded to adjourn to executive session at 7:00 p.m. to discuss litigation. Ayes all. Council members returned at 7:10 p.m. and reported that no action had been taken. CALL TO ORDER Mayor Valerie Keehn called the meeting to order at 7:00 p.m. Mayor Valerie Keehn asked for a moment of silence in remembrance of Sam Pitcherelle’s wife (Supervisor, Saratoga County) who recently died. PUBLIC COMMENTS Mayor Valerie Keehn opened the first public comment period. David Bronner, 5 Royal Henley Court, agreed with a letter to the editor on August 4 from a Florida resident who was visiting Saratoga Springs that Congress Park needs bathrooms and not port-a-johns. He said he was concerned with campaign contributions to a certain Commissioner from Rich Straut in the amount of $400 and $350. Rich Straut is a consultant hired by the City. That Commissioner should return those contributions. It was a matter of ethics. He reminded everyone that during the last election there were more than 10,000 votes cast and Commissioner Thomas McTygue who was running unopposed got only 5,000 of those votes. He did not believe there was a mandate for the City to go to Saratoga Lake for drinking water. Sheila Mitchell, property owner at the southern end of Route 50, supported the proposed zoning map amendment along Route 50 and asked that Council members also support it. Jane Weihe, 44 White Street, said she was concerned with the draft comprehensive plan and the notation that they were not interested in pursuing the lake option even though it had been discussed in their committee and 1 of 13 City of Saratoga Springs City Council Meeting Minutes Tuesday, August 7, 2007 approved. She said that after speaking to the chair of the committee, she was informed that it was simply an oversight and it would be corrected. She asked that the text also be corrected on the City’s web page. Tina Morris, 8 Pinewood Avenue, supported the proposed expansion of the historic district. Commissioner Thomas McTygue said he was frustrated with the bathroom situation in Congress Park. His staff has brought a proposal to the Design Review Commission for bathrooms in Congress Park, however, the DRC did not approve of those plans and then proceeded to make an additional $100,000 in changes. DPW has decided not pursue that option. He said they are preparing an rfp to construct bathrooms inside the Arts Council building and they hoped to do the construction in the winter. Commissioner John Franck agreed that the text of the draft comprehensive plan needed to be corrected on the City’s web page and asked that it be done as soon as possible. He said he also had some other concerns with the draft plan, in particular, the Woodlawn Court area behind the hospital. He was concerned that the property values could be dramatically decreased with this proposal. Mayor Valerie Keehn said the comprehensive plan committee will hold public hearings on their proposal. She expected that there would be modifications to those documents. She also noted that at some point it would appear before the Council. Lawrence Levine, 4 Victoria Lane, supported the proposed zoning amendment along Route 50 south. Mayor Valerie Keehn said there is funding in the capital budget of nearly $240,000 and it was time to take action on the bathroom project. Commissioner Matthew McCabe said his staff is reviewing the capital plan to determine if this new proposal for the bathrooms fits the parameters. Commissioner Ron Kim said it was important for the public to understand that that the Council cannot order the comprehensive plan committee or the Design Review Commission to do the Council’s will. They operate under their own authority and own discretion making process. There being no one else wishing to speak, Mayor Valerie Keehn closed the first public comment period. PRESENTATIONS Latino Community Advocacy Program Mayor Valerie Keehn introduced members of the Latino Community Advocacy Program. Dorothy Nowhitney, Spanish teacher, said in 2005, the Latino Community Advocacy program was funded through the CDBG program. She said this organization has served as a liaison between this group of people and the service providers of the community. The cornerstone of their program is the English as a second language program which then lead to the advocacy component. Since 2005 the enrollment in their program has tripled. Crystal Nowhitney, Latino Community Advocacy program coordinator, said this is a very small staff working to develop the programs offered to these constituents. There are three components to their program: English as a second language, resource center/advocacy and data collection. She said that the English as a second language program operates from May through November but they hope to expand that program. The advocacy/referral service portion provides services for the individuals who need doctor’s appointment or social service needs by navigating them through the system. They are also offer cultural programs to bring the community together to build positive relationships. They hope to provide interpreter services in the near future. They are working with SUNY Albany and Skidmore for a needs assessment in this area. They are now looking for some funding, office space and community support. Fiona Murray said that she assists with the English as a second language program. She has been a wonderful program and a good experience for all those participating. Mayor Valerie Keehn thanked them for their presentation. 2 of 13 City of Saratoga Springs City Council Meeting Minutes Tuesday, August 7, 2007 ACCOUNTS DEPARTMENT Boyea Zoning Amendment – referral to the Planning Board Commissioner John Franck said that pursuant to the City’s zoning ordinance, the City Council may, either on petition or on its own motion, refer a zoning amendment petition to the Planning Board for an advisory opinion. His office received a zoning amendment petition to rezone land located along Route 50 south from Rural Residential-1 to Highway General Business District. Chris Boyea said the property owners at the southern end of Route 50 have come together and are requesting the Council to consider a zoning amendment from RR-1 to HGBD. This property is near the Town of Milton line. He explained that they are all stuck with property that is zoned residential. The parcels are small, it is located across the street from the railroad tracks and it’s on a busy highway. He said they have done everything the City has asked and have appeared before all of the appropriate boards. All boards have pointed them back to the Council for a zoning amendment. They are simply asking for an expansion of the HGBD and not new zoning in this area. They have tried to sell their parcels with no luck. D&H Railroad has also recently constructed a 150 foot communications tower in this area. He noted that in 2000 the ZBA stated that this area was not conducive to residential use. Therefore, Commissioner John Franck moved and Commissioner Thomas McTygue seconded that the Council refer the proposed zoning amendment petition to the Planning Board and request that an advisory opinion be issued. Ayes all. PRESENTATIONS BBL Construction/Woodlawn Parking Lot Proposal Commissioner Ron Kim said he has had a committee working for quite some time on the public safety building matter. In the spring Commissioner Matthew McCabe released an rfp for the Woodlawn Avenue site. Under that rfp, the respondent offered a parking garage, a building and development rights for the respondent for a portion of the parcel. Since that time, the building size has been reduced and Peter Cornell and Robin Grandis, BBL Construction, were here to make a presentation. Peter Cornell said the building has been scaled back to 47,000 square feet. He said a 47,000 square foot public safety building constructed under the design/bid/build concept would cost the City $1.1 million per year. The same building under a private design/build/leaseback with a 250 car parking garage would cost the City $1.115 million per year. The same building with a 500 car parking garage constructed under private design/build/leaseback would cost the City $1.39 million per year. Mayor Valerie Keehn asked how the numbers were calculated. Peter Cornell said they were based on the Labelle study/analysis and new construction cost of $360 per square foot. Commissioner Ron Kim thanked them for their presentation. Marion Trieste and Steve Sullivan – Wind Energy Marion Trieste and Steve Sullivan, Community Energy, reminded the Council that they were the first City in the state to take a leadership role in promoting wind energy by purchasing wind power in October 2004. It was a bold move. The City’s purchase created a demand for wind power in New York State. She said her company now focuses on the acceptance of wind power. Wind power is the fastest growing energy source. Wind farms in New York have increased from 3 to 5 in recent years. Those 5 farms provide energy to more than 80,000 homes. There are 9 farms under construction and 60 proposed. She said that wind energy was not the only answer -- conservation and education play key roles. Commissioner Matthew McCabe said he was a supporter of the wind power purchase and he still supports it. There recently was a report in the newspaper that GE was bringing 150 new jobs to the area for their turbine division. Marion Trieste said that is the trickle down effect. She said that wind is not the entire solution but is a part of it. The public needs to be made aware and there should be an effort that all incremental increases in energy use are provided through renewable sources. 3 of 13 City of Saratoga Springs City Council Meeting Minutes Tuesday, August 7, 2007 Mayor Valerie Keehn thanked Marian Trieste for her report. She asked what the City got for the $40,000 that it spends on wind energy. Steve Sullivan said it was hard to quantify, however, it was somewhat like the flowers and landscaping downtown. He said there was not a real bottom line impact, however, it lends to the character and the quality of life in the City. The City’s purchase of wind power was a progressive move. Mayor Valerie Keehn agreed that the flowers were a quality of life issue, but it was also something that we can see, however, she understood that the City was making a statement though through this purchase. Steve Sullivan said the NYS Public Service Commission estimates that if there are 3300 megawatts of wind energy used, the savings could be $500 million a year. He said the fossil fuels are simply becoming more expensive. Wind energy can hedge that market. Marion Trieste said the money that the City spends on wind energy amounts to something like $2 per resident per year. She said the Council should feel proud of this purchase. Mayor Valerie Keehn thanked them for their presentation. Chris Kalwara, Johnson Controls – Energy Savings Project Bill McTygue, Director DPW, said the City has been looking at cost saving measures for the City’s energy usage. The City completed an rfp process for an energy consultant. There were 6 members on the committee who reviewed the proposals. The City has determined that Johnson Controls can best meet the needs of the City. Chris Kalwara & JB Carson, Johnson Controls, appeared before the Council. Chris Kalwara said they look forward to working with the City on this project. This is a $1.524 million building infrastructure improvement project with an annual savings of $101,947. This is a firm fixed price for design, project management installation, documentation and no change orders. There are many environmental benefits as well. The objectives of the project are to reduce energy costs, reduce operation and maintenance costs and pay for the project through savings. As part of the project they will implement the facility improvements without impacting the capital budget, through tax exempt municipal leasing. There will be a guaranteed savings, design/build process, single source of responsibility and no change orders. Some of the work includes, lighting retrofit, boiler controllers, weatherization, chiller replacement, pipe insulation, temperature controllers, etc. Also included in the project is: city personnel participation in the ongoing measurement and verification activities, replace engine in existing landfill gas fueled cogeneration system, the City owns emission credits and JCI documents and participation in the NYSERDA incentives for solar power. Chris Kalwara said energy savings through this project amounts to: 610,000 kilowatts, 2,900 MCF natural gas and 502 tons of carbon dioxide which is equivalent to planting 59,338 trees or 186 acres of planted forest. Those savings could power 141 homes per year. The project schedule is 6 to 8 month construction period with completion by next May or June. The next step is to formalize the performance contract agreement. Mayor Valerie Keehn asked if this project included membership in the climate control consortium. Chris Kalwara said yes the membership would be for 15 years. Mayor Valerie Keehn thanked them for their presentation. CONSENT AGENDA Mayor Valerie Keehn moved and Commissioner Ron Kim seconded to approve the consent agenda as presented. 1. Approval of Minutes: July 17, 2007 2. Appointment – Commissioners of Deeds: Amy Evertsen, Aaron Moore, John Guzek; John Kehoe, Justin Ahigian, James Bell, Keith Pellegri, Charles Fischer, Christopher Cole, Robert Dennis, Kristen VanWert, Laura Emanation, Russell Faden, Patrick O’Leary, Travis Carter and Vanessa Rose (all of the Police Department) 3. Approve Payrolls: 07/20/07 $ 427,793.64 07/27/07 $ 411,889.40 08/03/07 $ 448,187.89 4. Approve Warrants: Mid MC2JUL07 7/25/07 $ 27,565.82 MC1AUG07 8/1/07 $ 35,690.60 General 1AUG07 8/7/07 $1,761,707.04 Ayes all. 4 of 13 City of Saratoga Springs City Council Meeting Minutes Tuesday, August 7, 2007 SUPERVISORS Joanne Yepsen Veteran’s Program: Joanne Yepsen said the Board of Supervisors has been very supportive of veterans programs throughout the County. The latest project is the beautification of the War Memorial in Congress Park. The veterans are selling pins at $3 per pin to fund these improvements. Jim Coyne, 10 Knight Way, said that about two years ago, they noticed that the War Memorial had fallen on hard times The War Memorial is sacred to the vets. They have formed a committee made up of members of all of the branches of services and local veteran’s organizations to assist the City in upgrading and upkeep of the War Memorial. They currently have funding from New York State in the amount of $60,000 to do work on the curbing, flag poles, emblem, etc. They are selling the pins to cover the cost of the line of credit at the bank. Commissioner Thomas McTygue said that 15 years ago the War Memorial underwent a complete restoration. At that time the walkway of honor was established. Those bricks generate revenues to pay for the second phase of the work. The City has contributed immensely to the War Memorial monument and the City continues to sell the bricks for the walkway. Jim Coyne said he appreciated all of the help from the Council on the War Memorial restoration. Commissioner Thomas McTygue said he hoped to have all of the work completed on this project by the time of the Civil War encampment which is due to take place in September. Commissioner Matthew McCabe said there were stores downtown that would sell the pins. MAYOR’S DEPARTMENT Capital Program – Set Public Hearing Mayor Valerie Keehn requested public hearings be set for August 21 at 6:15 p.m. and September 4 at 6:15 p.m. on the capital budget. She said there will also be a public meeting on August 28 at 7:00 p.m. at the library on the capital budget. Commissioner Thomas McTygue said that he will make a presentation to the capital program committee on the water project which will be included in the 6 year program. Downtown Special Assessment District Appointments Mayor Valerie Keehn was pleased to announce the appointment of Adam Israel to the Downtown Special Assessment District Board. She said that this board is a self taxing district which stretches from the Saratoga Hotel to the Holiday Inn and one block off of each side of Broadway. They generate $75,000 each year for beautification and improvements within that district. This board was created by Charles Wait and the City more than 20 years ago. The Mayor is the appointing authority with the approval of the Council. Mayor Valerie Keehn said Adam Israel is a life long resident of this area, graduating from RPI. He currently works at The Inn at Saratoga. The guidelines on the membership to the SAD board are met through this appointment. Mayor Valerie Keehn said Adam Israel would replace Ed Lenz who was one of the founding members. He has served the City well. She said that Ed Lenz stated that he welcomed new blood on this board. Therefore, Mayor Valerie Keehn moved and Commissioner Ron Kim seconded to appoint Adam Israel to the Downtown Special Assessment District Board. Commissioner John Franck said he had spoken to Bob Israel several weeks ago about this appointment and told him that he supported the appointment of his son. However, he had been under the impression that Adam Israel would replace Tim Mabee and he only found out today that he would replace Ed Lenz. He said Ed Lenz is a highly respected member of this community with invaluable experience. Ed Lenz was more than likely a 5 of 13 City of Saratoga Springs City Council Meeting Minutes Tuesday, August 7, 2007 gentleman when he spoke to the Mayor and was probably very gracious about not being reappointed, however, he knew that Ed Lenz wanted to be reappointed. Mayor Valerie Keehn said she did not know where John Franck had got the idea that Adam Israel would replace Tim Mabee. She said she spoke to Charles Wait recently about the reappointment of Tim Mabee andit was Charles Wait’s opinion that the membership of an ATC member on this board was critical. She had spoken to him about whether it would be Tim Mabee or someone else representing the ATC. Charles Wait said that Tim Mabee was a valuable member to the SAD and the ATC. She said it had been her practice to replace long term members with new members. She said that at some point, the younger generation needs to be given the opportunity to step up and serve the community. She appreciated the years of service from Ed Lenz but it was simply time to bring on new members. She said she was sorry that this boiled down to politics. Commissioner John Franck said that this did not boil down to politics. Ed Lenz is a republican and he is a democratic. He said he only became aware today that Adam Israel would replace Ed Lenz. He said that apparently the Mayor did not know who she was going to replace either if she had to talk to Charles Wait. He was not aware that the ATC received some automatic appointment to that board. He said this has nothing to do with Adam Israel it was a matter of not reappointing a highly valued, long term member of this Board. Commissioner Thomas McTygue said that there are many other Boards throughout the City that do not require consent of the Council and thought that perhaps the Mayor could appoint Adam Israel to any one of those Board. He agreed that this is not about politics. Ed Lenz is a valuable voice on the SAD. It is important to keep some of the long term members for historical knowledge purposes. Mayor Valerie Keehn said Jim Grande is on this Board and has been on as long as Ed Lenz so the Board would not be without the historical knowledge. Commissioner Ron Kim said while this was a difficult decision, he would support the change. The City needs to encourage new people to come forward. He said though that there was discussion during the last appointment to this Board on increasing the membership and that should be considered. Mayor Valerie Keehn said she had a very nice conversation with Ed Lenz and he was very gracious about not being reappointed. She said she was puzzled at the sentiment being expressed on keeping Ed Lenz on this Board and she believed there was something going on. She noted that Ed Lenz is a member of the City Center Authority Board. She also noted that she spoke to Tim Mabee about the size of the membership on the SAD and he was not interested in increasing it. She said that tabling this discussion does nothing. By not appointing Adam Israel sends a terrible message to the younger generation in this City. Commissioner Matthew McCabe said he has been here for 14 years. This is a serious issue. It’s not about not appointing Adam Israel but rather is a vote to keep Ed Lenz. He said that keeping some of the long term members for the new members to look to was just as important as replacing them. He agreed that perhaps the SAD needs to make room and increase their membership. He said that if the Council has the ability to make the appointments to this Board then the bylaws needed to be reviewed to determine if the Council has the ability to increase the membership. He said this was not about politics and he wanted to see experience prevail. Commissioner John Franck said he would like to see the membership increased on this Board. He did not want to have a no vote against Adam Israel this evening and suggested that it be tabled. He said this is not politically motivated and there is no plot being hatched. Mayor Valerie Keehn said she wanted a vote. She apologized to Adam Israel on the message that was being sent. Commissioner Thomas McTygue said it was the Mayor’s prerogative to speak to the SAD and to do some research on expanding the membership. Commissioner John Franck moved and Commissioner Thomas McTygue seconded to table the motion . Ayes: three (Commissioners John Franck, Matthew McCabe and Thomas McTygue); Nays: two (Commissioner Ron Kim and Mayor Valerie Keehn). Motion carried. Planning Board Appointments (07-134) 6 of 13 City of Saratoga Springs City Council Meeting Minutes Tuesday, August 7, 2007 Mayor Valerie Keehn announced the appointment of Amy Durland as chair of the Planning Board and the appointment of Mark Torpey and James Totino to the Planning Board. NYCOM Certificates Mayor Valerie Keehn recognized three City employees for their many years of service to the City with certificates from NYCOM – Mike King, 30 years, Leonard Gailor, 25 years and Mark Benson, 25 years. Accept Donations Mayor Valerie Keehn moved and Commissioner Matthew McCabe seconded to accept the following donations contingent upon review by the Finance Department: Summer Band Concerts and Multi-Cultural Concert Series: Ben & Jerry’s $250; Saratoga Springs Teachers Association $650; Stewart ’s $500; Bank of America $3,155; Saratoga Rotary $750; Price Chopper $300; Target $1,750 Total $7,355 . Ayes all. ACCOUNTS DEPARTMENT Boyea Zoning Amendment – referral to the Planning Board Previously discussed. Historic Boundaries – Zoning Amendment (07-135) Commissioner John Franck said that pursuant to the Council’s request of July 2 the City Planning Board reviewed the proposed zoning text amendment to modify the City’s Historic District boundaries to include the Saratoga Race Course properties that are currently included within the National Historic Register District. The Planning Board reviewed the proposed amendment their July 25 meeting. Following discussion by the Board, the Planning Board voted unanimously to issue a “favorable” advisory opinion on the proposed zoning text amendment. The Board believes that the proposed change is in accord with the goals and objectives of the City’s Comprehensive Plan and is in accord with the existing Zoning Ordinance. The County Planning Board also reviewed and approved the proposal at their July 18 meeting. Therefore, Commissioner John Franck moved and Commissioner Matthew McCabe seconded to issue a negative SEQR determination and to approve the zoning amendment as submitted. Ayes all. Senior Housing – Zoning Amendment (06-136) Commissioner John Franck said that pursuant to the Council’s request of July 2 the Planning Board reviewed the proposed zoning text amendment to extend special use permit and site plan approval for senior housing projects issued prior to September 19, 2006. The Planning Board reviewed the proposed text amendment at their July 11 meeting. Following discussion by the Board, the Planning Board voted unanimously to issue a favorable advisory opinion on the proposed zoning text amendment. The Board believes that the proposed change is in accord with the goals and objectives of the City’s Comprehensive Plan and is in accord with the existing Zoning Ordinance. The Saratoga County Planning Board also reviewed and approved the proposal at their meeting on July 18, 2007. Therefore, Commissioner John Franck moved and Commissioner Ron Kim seconded to issue a negative SEQR determination and to adopt the zoning text amendment as submitted. Ayes all. FINANCE DEPARTMENT Budget Transfers – Payroll, Regular & Benefits Commissioner Matthew McCabe moved and Commissioner John Franck seconded to approve the budget transfers as distributed. They have all met the transfer guidelines and the availability of funds is certified (Attachment A) . Ayes all. Budget Amendments 7 of 13 City of Saratoga Springs City Council Meeting Minutes Tuesday, August 7, 2007 Commissioner Matthew McCabe moved Mayor Valerie Keehn seconded to approve the budget amendments as previously distributed. They budget remains in balance and the amendments have met the guidelines and the availability of funds is hereby certified (Attachment B) . Ayes all. 2nd Quarter Report Commissioner Matthew McCabe announced that the second quarter reports had been completed and filed in the City Clerk’s Office. The report is consistent with reports at the same time last year. DEPARTMENT OF PUBLIC WORKS Saratogian Property Commissioner Thomas McTygue said that Commissioner John Franck had attempted to contact the Saratogian newspaper concerning their parking lot. He said unfortunately there was no response to that request. He noted that this parking lot has a lot of parking spaces. Many of the tourists do not realize that it is not a public lot and they park there only to get towed. He said that the City would like to be able to use the parking lot for parking and perhaps work out a deal with the Saratogian for maintenance and upkeep. It would benefit the businesses and the visitors in the community. He asked that the City Attorney look into the matter. He wanted better utilization of this parking lot. Mayor Valerie Keehn asked if Commissioner Thomas McTygue wanted to pursue eminent domain. Commissioner Thomas McTygue said that was a possibility. He said the Saratogian has been contacted several times and they continue to ignore the City. They have 75 spaces that are not filled on a regular basis. Commissioner John Franck said that when the Saratogian took that property over, it understood that there was some agreement that it could be used for public parking in the evening. He said he reviewed all of the material that he could find and found it quite difficult to understand. He forwarded the material to the City Attorney requesting that he review it to determine if the Saratogian might be in violation of that agreement. Commissioner Matthew McCabe said that as a member of a previous parking committee they too had attempted to make contact with the Saratogian and gotten no response. He said there was also some question as to how the Saratogian acquired the parcel and agreed that the City Attorney needed to review the material. Commissioner Thomas McTygue asked Mayor Valerie Keehn if that the City Attorney could review the material and make a report to the Council. Mayor Valerie Keehn suggested that he ask the City Attorney. Michael Englert said he could review the material if it was forwarded to him. Tony Izzo, Assistant City Attorney, noted the eminent domain proceedings are very time consuming and complicated. He said there could be any number of solutions before the City gets to that point. Commissioner Ron Kim agreed that there should be some investigation on this matter. He said the Saratogian should be interested in taking part in this community and hoped that the Saratogian would be a good corporate neighbor. Fees for Flags (07-137) Commissioner Thomas McTygue said that in order to defray some of the labor costs associated with hanging the flags on Broadway and/or Union Avenue, he proposed to institute a reasonable fee of $150 from each entity to hang approximately 20 flags. He said the fee would be charged for all groups including not-for-profits. The revenues go to the general fund. Therefore, Commissioner Thomas McTygue moved and Commissioner Ron Kim seconded to approve the $150 fee for hanging the flags. Ayes all. Resolutions for Capital Reserve (07-138) Commissioner Thomas McTygue moved and Commissioner John Franck seconded to approve the following resolution s: 8 of 13 City of Saratoga Springs City Council Meeting Minutes Tuesday, August 7, 2007 RESOLUTION (For Expenditure of CONSTRUCTION, RECONSTRUCTION OR ACQUISITION OF BUILDINGS RESERVE FUNDS) 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 Finance Law ”, and, WHEREAS, the City is installing safety equipment as part of the Casino building for monitoring the building and the park and this is in accordance with the purposes of the CONSTRUCTION, RECONSTRUCTION OR ACQUISTION OF BUILDINGS Reserve Fund; NOW, THEREFORE, BE IT RESOLVED, that the above-described expenditure up to an amount of $ 3,5000.00 , is hereby approved as authorized as in accordance with the CONSTRUCTION, RECONSTRUCTION, OR ACQUISITION OF BUILDINGS Reserve Fund. RESOLUTION (For Expenditure of CONSTRUCTION, RECONSTRUCTION OR ACQUISITION OF BUILDINGS RESERVE FUNDS) 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 Finance Law ”, and, WHEREAS, the City is reconstructing part of the carousel building for safety purposes and this is in accordance with the purposes of the CONSTRUCTION, RECONSTRUCTION OR ACQUISTION OF BUILDINGS Reserve Fund; NOW, THEREFORE, BE IT RESOLVED, that the above-described expenditure up to an amount of $ 9,000.00 , is hereby approved as authorized as in accordance with the CONSTRUCTION, RECONSTRUCTION, OR ACQUISITION OF BUILDINGS Reserve Fund. Commissioner Thomas McTygue said that funds have been generated from the chair rental with those funds set aside for various projects at the casino. This is not a capital expenditure. Mayor Valerie Keehn said it was up to the Council to determine if these improvements met the criteria of this reserve fund. She asked why these funds were consolidated into one account. Commissioner Matthew McCabe explained that the auditors recommended that the funds be placed in one account. Commissioner Ron Kim said that capital expenditures had to meet very specific criteria. Michael Englert, City Attorney, said the City is allowed by statute to set up capital reserve accounts with those funds to be applied to specific projects. This is a building capital reserve account that could be used for any number of projects including a new police station. He said it was up to the Council to determine if it meets the criteria. Commissioner Thomas McTygue said this account was set up with the intent that the revenue generated would be used towards improvements at the casino and the carousel. He said there is $70,000 in this account. That money has been generated from the chair rental and carousel rides. He said the air conditioning units at the Casino was done through the chair rental income. Michael Englert said there is no authorization in the law to create an account for revenue to be dedicated to a specific project. It goes to the general fund and then the Council chooses how to expend the funds. Recently, though, the Council revamped the accounts as recommended by the auditors to create the building capital reserve account. Commissioner Thomas McTygue asked if it was wrong to set up the account in that manner. Michael Englert said the accounts were changed per the recommendation of the auditors and the state comptroller’s reports. He said that expenditures cannot be made from these accounts unless they are set up properly. Commissioner Thomas McTygue said he was led to believe that the money generated by the chair rental and the carousel rides could be used to maintain these venues. He said Michael Englert reviewed this 9 of 13 City of Saratoga Springs City Council Meeting Minutes Tuesday, August 7, 2007 material when this new account was set up and he assured him that it was done in that manner. Michael Englert said it’s the Council’s prerogative on how the funds are expended. Mayor Valerie Keehn clarified that it was Commissioner Thomas McTygue’s understanding that the revenues would be used for upkeep on the carousel and the casino. Commissioner Thomas McTygue said yes. Commissioner John Franck said that simply put us now have one account rather than many that the Council can tap into to make improvements to these venues. Commissioner Matthew McCabe said he would support this motion. He said the it meets the guidelines and demands of the reserve fund. Commissioner Ron Kim said he was still somewhat confused as to how the funds could be spent. Commissioner Matthew McCabe said it is called the capital reserve account. They took all of the smaller accounts and rolled them into one. Now the Council simply needs to determine if the expenditure is appropriate. Ayes all. Court Cleaning Contract Commissioner Thomas McTygue moved and Commissioner Ron Kim seconded to authorize the Mayor to sign the Court Cleaning contract for 2007-2008 in the amount of $31,222 noting that this money goes into the general fund. This is the same has previous years . Ayes all. Recreation Facility Commissioner Thomas McTygue said he floated an idea several years ago concerning the recreation facility and the YMCA. He said the YMCA has a desirable site which works for them. The City should consider two smaller facilities one on the west side which would accommodate those who live in Geyser Crest and the west side of the City. Two smaller facilities could be done in a reasonable way. We do not need one large facility on the east side. He said there should be some discussion with the YMCA on working wit them on constructing a couple of basketball courts that could be maintained by the City and used by all. Mayor Valerie Keehn said a few months ago, Commissioner Thomas McTygue said there were no other sites available and it was time to move this project along. She questioned why he had changed his mind. Commissioner Thomas McTygue said that he did not appreciate the Mayor mocking him. He said the Mayor should look back at the records to see that he had discussed this before. He said things have changed. There is a new YMCA building. He asked why the Geyser Crest residents should have to travel all the way to theeast side of the City. There is infrastructure already at the YMCA site. Commissioner Ron Kim asked if the City was looking for two smaller sites now. Commissioner Thomas McTygue said the Council could consider a smaller recreation facility on Weibel Avenue and perhaps work with the YMCA on constructing a couple of basketball courts at their complex. He said the City would accomplish much more with its money by working this way. Commissioner Ron Kim said the bonds have already been floated for the recreation facility and we are already paying interest on this project. He said the Council would need to be very clear on any delays to this project. Commissioner Matthew McCabe said the City is paying interest on the bonds from the previous two years $100,000 and $2.2 million. The bulk of the funding for the recreation facility was just floated a few weeks ago and the first payment begins in 2008. He said there is a limited amount of time for the City to tap into the capital accounts. He also noted that capital money cannot be used to build on land that the City does not own, however, privatization is something to look into. He said the YMCA would need to deed the City the property. Mayor Valerie Keehn said she wished that Commissioner Thomas McTygue had had this epiphany years ago. She said there had been discussions with the YMCA and they were not interested in partnering with the city. Commissioner Thomas McTygue asked for that documentation. Mayor Valerie Keehn said the Commissioner of Finance had told her of those discussions. Commissioner Matthew McCabe said he did not say that. Commissioner Thomas McTygue said there were no meetings on this matter and he was tired of the Mayor’s accusations. He said the City cannot afford to construct the recreation facility. There needs to be a common 10 of 13 City of Saratoga Springs City Council Meeting Minutes Tuesday, August 7, 2007 sense approach and he wanted to proceed in this direction. He said the Mayor could continue on her path, but he was going to talk to the YMCA. Church Street Reconstruction Commissioner Thomas McTygue requested that a public hearing be set for August 21 at 6:05 p.m. to amend the capital budget for the Church Street reconstruction project. The total dollar value of the project is $1.9 million with the City’s share at $91,000. Waterfront Commissioner Thomas McTygue said the City recently opened the top portion of the waterfront property with picnic tables. He said his office will now take reservations for large family gatherings that may take place at this area. He said there could also be some use of the lower sections by making a reservation. Fireworks in the Park Commissioner Thomas McTygue asked the Council to give some consideration to having the fireworks display on September 7 or 8. He said the Civil War encampment will be going on at the same time. They have talked to the individuals who will be hosting wedding receptions on those dates and they are agreeable to the fireworks display. Commissioner Matthew McCabe supported this proposal. DEPARTMENT OF PUBLIC SAFETY PBA Memorandum of Understanding (07-139) Commissioner Ron Kim moved and Commissioner John Franck seconded to approve the memorandum of understanding w ith the PBA for the use of their facilities for training. Ayes all. South Franklin Street Parking (07-140) Commissioner Ron Kim moved and Commissioner John Franck seconded to adopt the following resolution: 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 herby amended as follows; A. Section 225-81 is amended to change “Schedule XVI: Parking Prohibited at All Times”, as follows NAME OF STREET SITE LOCATION South Franklin Street East 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. Ayes all. New York State Police Hold Harmless Commissioner Ron Kim withdrew this item. DCJS Fingerprinting Letter of Agreement (07-141) 11 of 13 City of Saratoga Springs City Council Meeting Minutes Tuesday, August 7, 2007 Commissioner Ron Kim moved Commissioner John Franck seconded to approve the DCJS fingerprinting letter of agreement contingent upon the review of Christine Gillmett-Brown, Director of Finance. Commissioner Ron Kim said this required an escrow account to be set up. Ayes all. Reverse 911 Resolutions (07-142) Commissioner Ron Kim moved and Commissioner Matthew McCabe seconded to approve the policy and procedure manual for the reverse 911 system established by the County. The reverse 911 will be used to inform residents of items such as power outages, evacuations, etc. His department has reviewed the manual and has assured him that the City is in compliance. Ayes all. Firefighters Exemplary Performance in Aiding Embury Apartments Residents Commissioner Ron Kim commended firefighters for a job well done on July 11, 12 and 13 at the Embury apartments. He said the elevators were not working at that building on those dates and there were a number of emergency calls to get people in and out of the building. There were also several medical calls to which they had to respond. He thanked the firefighters for going above and beyond. Henry Street one-way Commissioner Ron Kim said he would like to set up a meeting with the residents of the Henry Street area on the possibility of making this a one way street going north. He said the City would also realize 30 additional parking spaces. Greenfield Avenue & Woodlawn Avenue stop signs Commissioner Ron Kim requested a public hearing be set for August 21 at 6:00 p.m. on Greenfield Avenue & Woodlawn Avenue stop signs. Julian Way and Rose Ridge Court parking restrictions Commissioner Ron Kim requested a public hearing be set for August 21 at 5:55 p.m. on Julian Way and Rose Ridge Court parking restrictions. Noise Ordinance regulating motorcycles and large truck jake brakes Commissioner Ron Kim requested that a public hearing be set for September 4 at 6:00 p.m. on the noise ordinance in connection with motorcycles and jake brakes. Commissioner Thomas McTygue requested that boom boxes be added to the list. Commissioner Ron Kim said the ordinance would be based on decibel levels. He said there are model ordinances to choose from. Tony Izzo said there are decibel levels as dictated by the state, however, they are sometimes difficult to enforce. He noted that that equipment would need to be calibrated and the officers would need to testify in court that a certain decibel level was reached for a certain amount of time from a certain distance. SUPERVISORS Joanne Yepsen Veterans War Memorial Project: Previously discussed. Beekman Street Strategic Planning: Joanne Yepsen said that group has been meeting on a regular basis doing long range strategic planning and developing goals. Geyser Road Working Session: Joanne Yepsen said the Southwest Neighborhood Association, the County and other groups will hold a working seminar on August 21 to further discuss the plans for the expansion of the bridge and trail. Race Track Coalition Breakfast: Joanne Yepsen will host a breakfast tomorrow morning at Fasig Tipton to talk about the future of racing. She will report back to the Council on this matter. 12 of 13 City of Saratoga Springs City Council Meeting Minutes Tuesday, August 7, 2007 August Board of Supervisors Meetings: The next Board meeting will be Tuesday August 21. Cheryl Keyrouze Citizens Transportation Committee: Cheryl Keyrouze said this committee has had many presentations from CDTA, Saratoga County, pedicab companies, taxi companies and others on transportation throughout the County. She said that roundtable discussions will be held soon and there will be a presentation on November 26 in the community room at the library. Seniors ID Plan: Cheryl Keyrouze said there was an overwhelming response to this program and more dates will be scheduled to get people their IDS. URL for Bus Stops: Cheryl Keyrouze said there will soon be available a web page with the bus routes which the user could click on to get the whole route. New York Horse Park: Cheryl Keyrouze said the first annual fundraiser for the New York Horse Park will be held on August 15 from 6:30 p.m. to 8:30 p.m. at the Beresford Gallery at 145 Union Avenue. Zim Smith Trail/Saratoga County Green Infrastructure Plan: Cheryl Keyrouze said the Zim Smith Trail starts in Round Lake and goes to Clifton Park. There have been many discussions on the green infrastructure. She hoped to get some assistance from the Mayor on the green infrastructure and how it interacts with the City’s comp plan. She the time is now to have the City’s comp plan reflect the County’s green infrastructure plan. She would like to speak to the Chair of the Comp Plan committee on this matter to be sure that the trails within the City match up to the trails outside of the City. Mayor Valerie Keehn said Cheryl Keyrouze should talk to the chair of the Comp Plan committee. PUBLIC COMMENT PERIOD Mayor Valerie Keehn opened the second public comment period. There being no one else wishing to speak, Mayor Valerie Keehn closed the second public comment period. ADJOURNMENT Commissioner Matthew McCabe moved and Commissioner Ron Kim seconded to adjourn the meeting at 10:25 p.m. Ayes all. There being no further business, Mayor Valerie Keehn adjourned the meeting at 10:25 p.m. Respectfully submitted, Approved: Kathy Moran, Clerk 13 of 13