City Council

City of Saratoga Springs City Council Meeting Minutes Tuesday, December 18, 2007 CITY OF SARATOGA SPRINGS CITY COUNCIL MEETING CITY COUNCIL ROOM TUESDAY, DECEMBER 18, 2007 6:15 P.M. PRESENT: Valerie Keehn, Mayor Commissioner John Franck, Accounts Commissioner Ron Kim, DPS Commissioner Matthew McCabe, Finance Commissioner Thomas McTygue, DPW PRESENT: Supervisor Joanne Yepsen ABSENT: Supervisor Cheryl Keyrouze STAFF PRESENT: Lynn Bachner, Deputy Commissioner, Finance Michele Boxley, Deputy Commissioner, Accounts James Brophy, Deputy Commissioner, DPW Frank Dudla, Deputy Commissioner, DPS Eileen Finneran, Deputy Mayor EXECUTIVE SESSION Litigation Mayor Valerie Keehn said that Council members adjourned to executive session at 6:20 p.m. to discuss litigation matters. The executive session was adjourned at 6:35 p.m. The matter will be discussed later on the agenda. PUBLIC HEARING Speed Limits – Larkspur Drive, Karner Drive, Tommy Luther Drive Commissioner Ron Kim said this ordinance is to lower the speed limit on Larkspur, Karner & Tommy Luther Drives from 40 mph to 30 mph. Mayor Valerie Keehn opened the public hearing. There being no one wishing to speak, Mayor Valerie Keehn closed the public hearing. Gideon Putnam Zoning Amendment Mayor Valerie Keehn said this is an amendment to the zoning ordinance to include the Gideon Putnam Cemetery as a City Landmark. She said certain improvements to the cemetery would now fall under the purview of the Design Review Commission with this zoning amendment. She said that the SEQR requirements had been complied with. Mayor Valerie Keehn opened the public hearing. Carrie Woerner, Executive Director, Saratoga Springs Preservation Foundation, said they are excited about the nomination of the Gideon Putnam Cemetery as a City Landmark. It gives the cemetery the status that it deserves. Over the years, the cemetery had been abandoned and neglected but under the direction of Gene Corsale and the fundraising, the cemetery had been restored. It is now included on the walking tour of the City. It is also the fulfillment of the vision for open space in the City. She encouraged the Council to support this amendment to the ordinance. 1 of 18 City of Saratoga Springs City Council Meeting Minutes Tuesday, December 18, 2007 There being no one else wishing to speak, Mayor Valerie Keehn closed the public hearing. Boyea/Mitchell/Levine/DeRusso/Perrino Mayor Valerie Keehn said this is an amendment to the zoning ordinance to rezone parcels along the Route 50 south corridor. Jackie Hakes, City Planner, said there was an application by the five applicants for both comprehensive plan review and zoning amendment. The Council accepted those applications for review and forwarded them to the Planning Board for an advisory opinion. The Planning Board discussed these applications at three separate meetings with much public input. On October 3, the Planning Board issued an unfavorable advisory opinion on both the comprehensive plan amendment and the zoning amendment. Commissioner John Franck said the process that is being followed is not the typical order that has been followed in the past. He pointed out that there were two applications – a comprehensive plan amendment and a zoning map amendment. The Council cannot vote in favor of a zoning map amendment because according to the zoning ordinance, the amendment must be in compliance with the comprehensive plan. Jackie Hakes said if the zoning amendment is approved, the comprehensive plan would need to be amended either at the same time or shortly thereafter. If the zoning amendment is not approved, there would be no need to amend the comprehensive plan. Commissioner John Franck said according to the zoning ordinance chapter 240.15.3, the amendment must be compliant with the comprehensive plan. He asked how the Council could act on the second part (zoning amendment) without acting on the first part (comprehensive plan). He suggested that if the Council was not going to act on the comprehensive plan amendment, then the application fee should be refunded. Tony Izzo said he was not aware of any discretionary mechanism to refund application fees; however, subsequent application fees could be waived. The Council does have the power though to refund fees. John Franck asked Tony Izzo how long he had been at the City and had he ever seen the order of voting on comprehensive plan amendments and zoning amendments switched. Tony Izzo said he had been at the City for 22 years and to his knowledge the order had not been switched. He said, though, that he had done some research and generally speaking when there are two such amendments, the courts have indicated that in order to amend the zoning ordinance, it must be in compliance with the comprehensive plan. Mayor Valerie Keehn opened the public comment period. Charlie Morrison said he had spoken at the last Council meeting on this matter and had since delivered a letter to Council members. He asked that his letter be made part of the record. He then read the letter to the Council. In that letter he asked that the Council not support the zoning amendment request. Debbie Zetterstrom, representing her mother, said she had spoken to the Planning Board on this matter noting that in the 2002 adopted open space plan it refers to this area as a signature gateway. In 2005, the City purchased a nearby parcel. Her parents have lived there for many years. They purchased land across route 50 in order to preserve the rural character. They own one of the few farms left in Saratoga Springs. Owning this land in this area has been hardship for her family. They have faced easement issues with the county and the railroad, they had to fight the county on the sewer line and then the City installed a culvert. She asked at what age residents get to live on their property and enjoy it without fighting. She asked the Council to not approve this request. Chris Boyea said he is one of the applicants involved in this application. He said 20 minutes was not enough time to make a presentation to the Council. This parcel is located on Route 50 south and involves three properties. They are looking for relief from the Rural Residential-1 and to extend the Highway General Business District designation to this area. The application has been well documented at the Planning Board. He explained that this now involves five parcels with less square footage proposed to be constructed. There are many factors which make it difficult for the RR-1 designation including: increased train traffic and FHA and HUD standards are not suitable for residential development. He said at one point there were discussions on the City purchasing this parcel. These five families cannot use or sell their parcels. The Mayor suggested they go to the Comprehensive Plan Committee, but the Comprehensive Plan Committee said it was not appropriate and told him to go to the Council. He then submitted an application to the Council which was then forwarded to the Planning Board for their review. They have exhausted all of their options. He had a lot of material that he would like to present to the Council. The Council knew that not all of the applicants could be here this evening 2 of 18 City of Saratoga Springs City Council Meeting Minutes Tuesday, December 18, 2007 and that they had requested a postponement. They all wanted the opportunity to appear before the Council and present their project. He also had a video of the area that he would like the Council to watch. He said at one point a few years ago, the ZBA, of which Commissioner Ron Kim was a member at that time, approved his application for a storage facility at this location. Camille Daniels, 101 Van Dam Street, said the Council should be guided by the comprehensive plan and urged the Council to not approve this request. Greg Burke, Virginia Parker’s son, said they have presented all of their arguments to the Planning Board and nothing has changed. He urged the Council to not approve this application. Mayor Valerie Keehn said this project has been before various boards throughout the City since 2002. She has met with Chris Boyea twice on this matter and she urged him to meet with the other Council members and the Comprehensive Plan Committee. She said that she never had a conversation with him about the City purchasing the parcel. She said that Chris Boyea suggested a land swap of the City owned Corcoran property. That was not considered because she was advised that a land swap was illegal. The City could consider purchasing this parcel though. She said Commissioner John Franck is suggesting that the City first change the comprehensive plan. If that is done, the City would have no legal standing and it would open itself up to sprawl. She asked why the Council would vote on rezoning a parcel when it already knows that it does not match the comprehensive plan. She said the Council is doing what is prudent for the City. Commissioner Ron Kim said he was on the ZBA when Chris Boyea’s previous application was approved and he had not planned to talk about it tonight, however, since he brought it up he felt compelled to explain his reasons for voting at that meeting and his reasons for this evening. He said that Chris Boyea proposed a storage facility on this site. The vote at the ZBA was a four/three vote. There was a lot of doubt in board members’ minds, however, at that time on the ZBA it was the general attitude that if a reasonable project appeared before the Board, the Board would work with the applicant. He said that Chris Boyea assured the ZBA that the project would be screened and not seen from Route 50. He suggested that everyone take a drive by this location, during the summer months, to see what the area looks like. The project will not be screened and it will be seen from the road. Chris Boyea removed far too many trees. His project was stopped by the Army Corps of Engineers because he disturbed wetlands. He said Chris Boyea either lied to the ZBA or was truly incompetent. What Chris Boyea was planning and what he actually did at this site were two different things. Mayor Valerie Keen said that two letters were received today from Lori Sunderland and Suzanne Parker both of whom asked that the Council not support this application. She said that there are still many residential homes in this area. This is not an industrial area. There is a nature preserve located behind this parcel. She then listed the many types of uses that could be on this land, i.e., residential, agricultural, riding stable, club house, church, etc. If the Council was to rezone the parcel, some of the uses could include: bowling alley, convenient stores, eating and drinking establishments, bank, florist, funeral homes, general retail, etc. She said she did not want to support sprawl. John Franck said this is about the process. He said it is bad precedent to reverse the order of the vote when in Tony Izzo’s recollection it had not been done before. He said the applicant also requested that the application be heard in January when all of the applicants could attend. He said that those types of requests have always been honored. He asked why the Council did not hold a public hearing on the Comprehensive Plan. The City owes the applicant a review of that application. He paid and application fee and if the Council was not going to review it, then the application fee should be refunded. He asked where were the notification to the nearby property owners and the proof of payment of the legal ad. He asked how the Council could approve a zoning amendment request when knowing it was contrary to the comprehensive plan. He said it was presumptuous for the Mayor to assume how the next Council might vote on this matter. This project has been languishing since the spring. The County Planning Board approved the proposal. There is a process to follow and the Mayor has not done so. The Council voted unanimously to send this to the Planning Board for review. Mayor Valerie Keehn said the Planning Board rendered their decision in October. Her office contacted the Accounts Department and asked that it be placed on the agenda. Commissioner John Franck then fabricated a 30 day notification process. Commissioner John Franck interrupted saying that he did not fabricate a 30 day notification. The Mayor simply wanted to push this through before she left office. Commissioner John Franck said the applicant has paid nearly $3,000 in application fees and there needed to be some consideration in refunding some of those fees. 3 of 18 City of Saratoga Springs City Council Meeting Minutes Tuesday, December 18, 2007 Mayor Valerie Keehn closed the public hearing. CALL TO ORDER Mayor Valerie Keehn called the meeting to order at 7:30 p.m. PUBLIC COMMENT PERIOD Mayor Valerie Keehn opened the first public comment period. John Kraus, 227 Grand Avenue, said it had been brought to his attention that when he says that he is speaking for the taxpayers of the community that he is speaking for anyone who agrees with his views. He said that Council members should stand tall and hold their heads high. He thanked the Mayor for the open process, the new members on the boards and the five year capital plan. Next year though, the Council should look at a five year operating plan. The County was able to state that their tax rate would not increase from $2.15 during the next five years. He proposed that there be more interaction between the Council and the taxpayers. He suggested that each Council member state their goals and objectives for the year and that it be followed up quarterly by a status report. He suggested that the incoming Finance Commissioner do a power point presentation on the budget. The Accounts Department should review the assessments on the larger parcels through the City. The incoming DPW Commissioner should assure residents that the water and sewer project at Jefferson & Vanderbilt is completed. DPS should strictly enforce the cell phone laws and see through the construction of the DPS building. The incoming Mayor should have more dialogue with taxpayers, allow the citizens to submit two meaningful agendas items and form a Citizens Advisory Board. Lew Benton said that Valerie Keehn has a lot of courage, grace, dignity and compassion. She saw through the recreation facility design and funding. She has introduce new revenue streams for that project whereby there is nearly $200,000 available in new revenues. She had the courage to advance the DPS facility. There are many who love and admire Valerie Keehn. Linda Terricola, Recreation Director, presented the outgoing Council members with t-shirts from the recreation department. She thanked all of their for their years of service and support to the Recreation Department. She thanked them for moving the reaction facility along. She said it had been an honor and a privilege to work with all of the Council members. She then read letters of thanks to each of the outgoing Council members. Wilma Koss, 160 Kaydeross Park Road, said the voters have selected a new course. The City continues its archaeological investigation at the Spencer location when the City and everyone else knows there are artifacts in this area. The Waters Edge development found artifacts in 1989 which prohibited them from using this land. The water supply permit may never be received from DEC. She said the County should install the t-valves on their water line in the City. Years from now the City may be quite happy to have those valves. David Bronner, 5 Royal Henley Court, said that Valerie Keehn has been a solid leader in this community and it was unfortunate that she was not reelected. The party leadership was not there for her. He said that Commissioner Matthew McCabe had been a fine servant of the City. The recent article in the local newspaper on the t-valve connections has nothing to do with the City. He said if the County wants to install the t-valves, they can. Some day, the City will be glad the t-valves were installed. He pointed out that SLIPD will continue their fight against the use of Saratoga Lake. He then reminded everyone of the election results noting that the Council member with 32 years of service was defeated and furthermore received the fewest votes of any of the candidates, while the incoming Commissioner of DPW received the highest number of votes of any candidates. He said the City has already spent a tremendous amount of money on the Saratoga Lake project and SLIPD has spent more than $100,000 in opposition. He asked that detailed numbers be provided on the legal fees for this project. He also asked what was the status of the archaeological dig and when would it be completed. Kyle York, 59 Railroad Place, said he tried to find the source of the recent article in the local newspaper concerning the t-valves. He thought that Barbara Lombardo was going to print a retraction. He said that apparently it came down to statement that and John Lawlor, County Water Authority, had made in that the County needs to identify potential customers. He said the incoming Council members should make it clear that the City is not among those potential customers. Mayor Valerie Keehn said she had been in touch with DEC on this matter and informed them that the City had not formally or informally agreed to tap into the county water 4 of 18 City of Saratoga Springs City Council Meeting Minutes Tuesday, December 18, 2007 line. She said she would follow up with a letter to DEC. Commissioner Thomas McTygue said he would send a letter to the Governor. Jeff Pfeil said he frequently travels around the country and more often than not he gets questions from others on what makes Saratoga Springs successful. He said it has to do with three things: 1) the people of the City who made a plan of action and followed through; 2) the Adirondack Trust Company who was willing to lend the funds and 3) Commissioner Thoams McTygue who had been in office for 32 years. He said the City owes Commissioner Thomas McTygue a great debt of gratitude. Lynn Goodness, thanked Commissioner Matthew McCabe and Mayor Valerie Keehn for their years of service to the City. Remigia Foy, 95 Oak Street, said she served on the Council for 6 years with Commissioner Thomas McTygue. She said he is a remarkable man with 32 years of remarkable service to the City. His contribution to the City has made the City a desirable place to live. New residents to the City do not remember what the City was like 32 years ago. He has taken care of the daily needs of the community, modernized his department and supported the improvements to other City departments. He did all of that with an eye on the budget. He has always acted in the best interest of the City. He has been creative and innovative especially with the Energy to Ice Program. He paid great attention to detail with things such as bike racks, signage, and floral displays. The City recently won national attention in the America in Bloom contest. Commissioner Thoams McTygue was born and in Saratoga and it shows. He has put his heart and sole into this job and she thanked him for his 32 years of service. Marceline Taylor, 49 Doten Avenue, also thanked Commissioner Thoams McTygue for his many years of service to the City. She appreciated his integrity and thanked him for his many accomplishments over the years. There being no one else wishing to speak, Mayor Valerie Keehn closed the first public comment period. PROCLAMATIONS Julie Dorans Proclamation (07-217) Mayor Valerie read the following proclamation and presented it to the family members: PROCLAMATION CITY OF SARATOGA SPRINGS Whereas, Julia Brennan Dorans, a longtime resident of Saratoga Springs and a graduate of Saratoga Springs High School, has served her country honorably and with distinction as an officer in the United States Army, and Whereas, Julia’s overseas service began with her first deployment to Iraq in 2003. She has recently completed her second tour of duty, serving as a Battle Captain with the 25th Infantry Division in Kalsu, Iraq out of Fort Richardson, Alaska. Her commitment to excellence in her duties and her outstanding skills as a military commander has won her two Bronze Stars. She goes on now to earn her Masters Degree and to accept a position as an instructor in the Department of Systems Engineering at West Point, Now, therefore, I, Valerie Keehn, Mayor of the City of Saratoga Springs, am pleased to join my fellow Saratogians in welcoming Julia back home, and we are honored to wish this outstanding Saratogian the very best of health and success in her continuing service to our country. PRESENTATION Awards of Parking Enforcement Officers Commissioner Ron Kim presented certificates to parking enforcement officers Kelly Degener, Dennis Butler and Michael Tomasso with awards for their work they do in parking enforcement. He said they are not easy jobs, but they do them exceedingly well. He commended the PEO’s on a job well done. Comprehensive Plan 5 of 18 City of Saratoga Springs City Council Meeting Minutes Tuesday, December 18, 2007 Mayor Valerie Keehn said that early in 2006 she formed a comprehensive plan review committee. She said the City was in the habit of regular spot zoning and she did not agree with that practice. The City should adhere to the comprehensive plan and enforce the zoning laws. She charged the committee with reviewing the comprehensive plan and to make recommendations to the Council. They have worked long and hard on this draft plan meeting every week for nearly 6 months and meeting for 19 months overall. She pleaded with the next Council to not “shelve” this proposal. She asked the next Council to carry through on the hard work that this committee has done. Manny Choy, chair of the Comprehensive Plan Committee, thanked the Council for establishing this committee. It was a 15 member committee well represented by the community with a lot of expertise. They were charged with reviewing the comprehensive plan to keep it current yet balance the needs and the wishes of the community. Each meeting had a public comment period. There were four phases to this review process: phase one consisted of articulating the goals and lasted approximately four months; phase 2 consisted of reviewing all of the identified items from the thousands of comments and research material and screened them to determine which module of the plan they fit and whether they should be carried through to the end; phase 3 consisted of the module leaders developing a draft module and then presenting it to the entire committee. He then reviewed the modules in the draft plan – highlighting the new modules. The final step was to vote on each module. Manny Choy said the first draft was presented to the public on July 31 with a public hearing at that time. Additional meetings were then held through December 5. At the December 5 meeting the members voted unanimously to forward this document to the Council. He said that committee members agreed that the City needs to continue to develop but must be done in a sustainable way. At the core of the document is a vision and mission statement. The committee believed that it was crucial to preserve and maintain the qualities that make Saratoga Springs a special place to live. They also believe that it is critical for the Council to continue the review process. They recommended the following: 1) a professional review of the work that they have completed to ensure that it is consistent with other City documents; 2) prioritization of the recommendations within draft plan; 3) development and implementation of the recommended actions within the plan; and 4) conduct the SEQR analysis. In conclusion, the committee has completed their work. They plan to turn over all documents to the City for historical purposes. They are available, however, for a detailed presentation on the document should the Council so desire. He also said that he was available at any time to answer questions. Mayor Valerie Keehn thanked Many Choy and the committee members for all of their hard work. CONSENT AGENDA Mayor Valerie Keehn moved and Commissioner Matthew McCabe seconded to approve the consent agenda as follows: 1. December 4, 2007, meeting minutes 2. Payrolls: 11/30/07 $410,531.39 12/07/07 $437,566.82 12/31/07 $596,971.57 3. Warrants Mid MC1DEC07 $189,896.64 Mid MC2DEC07 $ 3,097.57 General 2DEC07 $472,791.34 Ayes all. MAYOR’S DEPARTMENT Comprehensive Plan (07-218) Mayor Valerie Keehn said the comprehensive plan review committee has met for many months and the plan has been available on the City’s web site for several months. She said that by accepting the document this evening it did not mean that the Council was voting to accept it as the final document. There are still many steps that need to be taken. She hoped that the incoming Council would have a power point presentation on the proposed plan. 6 of 18 City of Saratoga Springs City Council Meeting Minutes Tuesday, December 18, 2007 Mayor Valerie Keehn moved and Commissioner John Franck seconded to accept the comprehensive plan as a draft document. Commissioner John Franck suggested that all of the documents relating to the review of the comprehensive plan be forwarded to his office for historical purposes. He agreed that when the new Council members come in to office it might be a good idea to hold a workshop. He said though that the document has not been on the City’s web site for several months. This revised document came out only two weeks ago and there were some changes from the original draft. Commissioner Thomas McTygue asked that a copy of the document be forwarded to his office. Ayes all. DEPARTMENT OF PUBLIC SAFETY Public Safety Building – Design Contract (07-219) Commissioner Ron Kim moved and Mayor Valerie Keehn seconded to authorize the Mayor to sign the contract for design services for the DPS facility with Labella Associates. The contract has been reviewed by the City Attorney and the City ’s Risk & Safety Manager. Commissioner Ron Kim said that Labella Associates was the low bidder at $860,000. There was an approval at the last Council meeting to award the rfp to Labella which allowed him to negotiate a contract with them. This is a four stage contract that will lead up to final construction. He said between 12 and 14 months there will be a final design, including cost estimates, on a new facility. This contract assumes the construction will take place behind City Hall. At the end of the final design bid ready documents will be ready. After the selection of a construction firm, it will be between 12 and 14 months for construction. Prior to construction, there will be hard numbers available on the construction costs. Currently the City has $8 million earmarked for the facility. He said he would work to make sure that the numbers are within budget. He also noted that there is $1.1 million in the current capital budget for design services. Commissioner Matthew McCabe clarified that this contract was for $600,000. Commissioner Ron Kim said yes. He said the $600,000 was broken out among the four phases. Commissioner Matthew McCabe said he had some concerns with the contract but he believed they were all addressed. He said he was not happy with the public relations campaign that got DPS to this point, however, he would support this motion because the City needs to do something. It’s tough to spend the money, but the City needs to move forward. This project had a direct impact on the tax rate increasing it from 5 1/2 percent to 8 percent. He said there is still room for flexibility within the capital budget on this matter. Commissioner John Franck asked if there was language in the contract maxing this project out to $8 million. Commissioner Ron Kim said yes. Commissioner John Franck asked where the building would be constructed. Commissioner Ron Kim said in the parking lot directly behind City Hall. Commissioner John Franck asked if the City was locked into that lot. Commissioner Ron Kim said the two top locations were directly behind City Hall and Woodlawn Avenue. He believed the lot behind City Hall was the optimal site. Commissioner John Franck said the numbers on this project have fluctuated from $8 million to $31 million and Council members have continually been told that the price could not be decreased any more. He said he would not support this motion because he believed that it should be left to the next Council. He said it will take a four-fifths vote to spend the money under the capital program and he was concerned that the City could be throwing away $600,000. Commissioner Matthew McCabe said that the $1.1 million for design services has already been bond. By going through the design phase, it will give the City a very clear picture on a definitive project. Commissioner Ron Kim agreed that the numbers have fluctuated, however, these numbers have come from the consultants. He said he was not sure what could be designed with $8 million. It might be possible that he may return to the Council saying that $8 million is not enough. At that time, the Council would need to make a decision. The design of this building will be environmentally friendly and will have LEED certification. He said the costs will not increase with the LEED certification and it will save the City money in the long run. He also pointed out that the Division of Human Rights has found the City guilty of discriminating against its female 7 of 18 City of Saratoga Springs City Council Meeting Minutes Tuesday, December 18, 2007 employees due to the lack of a bathroom. He hoped that by approving the design tonight it would help the City to deal with that matter in a cost effective manner. Roll call vote: Commissioner John Franck no Commissioner Matthew McCabe yes Commissioner Thoams McTygue no Commissioner Ron Kim yes Mayor Valerie Keehn yes Motion carried. Recreation Facility Geotechnical Work Mayor Valerie Keehn moved and Commissioner Ron Kim seconded to authorize the Mayor to sign a contract for the geotechnical work at the recreation facility with CT Male in the amount of $3,750. Paul Male said this work involves nine borings and it shouldn’t take more than a few days to complete. Ayes all. Gideon Putnam Cemetery Zoning Text Amendment (07-220) Mayor Valerie Keehn moved and Commissioner Ron Kim seconded to amend Chapter 240 of the City Code for the designation of the Gideon Putnam Cemetery as an historic landmark. Ayes all. Boyea/Mitchell/Levine/DeRusso/Perrino Zoning Amendment (07-221) Mayor Valerie Keehn moved and Commissioner Ron Kim seconded to approve the zoning amendment request for the Boyea/Mitchell/Levine/DeRusso/Perrino parcels on Route 50 from Rural Residential-1 to Highway General Business District. Commissioner John Franck moved and Commissioner Thoams McTygue seconded to table the motion to allow a vote in January on this matter. Ayes: two (Commissioner John Franck & Thomas McTygue); Nays: three (Commissioners Matthew McCabe, Ron Kim and Mayor Valerie Keehn). Motion failed. Mayor Valerie Keehn said there have been extensive public hearings on this matter at the Planning Board and Zoning Board of Appeals. She said Commissioner John Franck continues to object to the process but she believed the process had been followed on this project since its beginning on 2002. The ZBA granted a use variance but the project was halted by the Army Corps of Engineers. She said that sometimes a process that has gone on for many years needs to be changed for the sake of the community. She did not agree that there had been a violation of any procedures. This has to do with principle not process. If the comprehensive plan designation was modified it would allow anything including a strip mall. She pointed out what Ballston Spa looks like at its outer edge along Route 50. The residents of this community work hard at maintaining the open space. She said it didn’t matter whether the Council had followed some obscure process. The project had been advertised legally and there has been ample opportunity to discuss it. The process doesn’t stop because it’s the holiday season. The applicants could have submitted material and they didn’t. This is not a matter of process but rather it’s a matter of vision and principle. Commissioner Thomas McTygue suggested that the comprehensive plan review fee be refunded. Mayor Valerie Keehn asked if he wanted fees returned to applicants when they didn’t get the vote they wanted. Commissioner Thoams McTygue said he suggested returning the fee because the applicant paid a fee to have the project reviewed under the comprehensive review plan and for the Council to vote on that matter and the Council is not acting on that request. Commissioner Thomas McTygue moved and Commissioner John Franck seconded to refund the comprehensive plan review fee to the applicant. 8 of 18 City of Saratoga Springs City Council Meeting Minutes Tuesday, December 18, 2007 Commissioner John Franck said this proposal is different from the 2001 proposal. This project includes five parcels with five owners. There are other commercial properties near this parcel. He said that minimally the comprehensive plan review fee should be returned. They paid to have the City review the project under the comprehensive plan and to vote on the matter and that was not being done. He said that regardless of how long the City staff has worked on this matter, the Council was choosing not to act on the application. Mayor Valerie Keehn asked if Commissioner John Franck wanted the City to refund fees based on whether a project is voted up or down. She said there is no guarantee that any applicant will get a positive vote. Commissioner Thomas McTygue said the Mayor is not allowing the applicant to present their case. They paid to have this project reviewed and to present their project. Commissioner Thoams Mc Tygue called the question. Jackie Hakes said the applicant paid two separate fees. They paid $1,050 for the zoning map amendment and $1,600 for the comprehensive plan amendment. Commissioner Thomas McTygue moved and Commissioner John Franck seconded to amend the motion to refund the comprehensive plan review fee to the applicant in the amount of $1,600 . Ayes: four (Commissioners John Franck, Thomas McTygue & Ron Kim and Mayor Valerie Keehn); Nays: one (Commissioner Matthew McCabe). Motion passed. Mayor Valerie Keehn restated the motion as follows: Mayor Valerie Keehn moved and Commissioner Ron Kim seconded to approve the zoning amendment request for the Boyea/Mitchell/Levine/DeRusso/Perrino parcels on Route 50 from Rural Residential-1 to Highway General Business District. Commissioner Matthew McCabe said when the Planning Board offers an advisory opinion with a 7-0 vote, he must listen to them. For that reason he will vote no. Commissioner John Franck said he will vote no as well but he was voting no because the process had not been followed. The County approved the project. He said the City should consider purchasing the parcel for open space and in fact, the Planning Board suggested that some thought be given to that. Mayor Valerie Keehn said that was up to the open space advisory committee to make a recommendation to the Council. She cautioned the incoming Council though on whether it was wise to spend taxpayers’ dollars when the parcel was already protected by the zoning ordinance. Ayes: none; Nays: five . SEQRA Declaration Railroad Run Trail (07-222) Mayor Valerie Keehn moved and Commissioner Thomas M cTygue seconded the following resolution: Whereas, the City Council has reviewed the project entitled Railroad Run Phase II in accordance with 7NYCRR Part 617.7 and Whereas, based upon the information provided in Part I of the SEQR Short Environmental Assessment Form, it is the City Council ’s opinion that the project will not result in any large and important impact (s) and Whereas, it is the City Council ’s opinion that this project will not have a significant adverse impact on the environment, Now, therefore, be it resolved, that the City Council hereby issues a SEQR negative declaration for this project. Paul Male said this will allow the existing Railroad Run Trail to be completed. It’s a basic multi use trail and there are no environmental impacts. Ayes all. 36 Franklin Street Deed (07-223) Mayor Valerie Keehn moved and Commissioner John Franck seconded to approve the quit claim deed for 36 Franklin Street and authorize the Mayor to execute all necessary documents. 9 of 18 City of Saratoga Springs City Council Meeting Minutes Tuesday, December 18, 2007 Tony Izzo said this case was a little unusual in that when the owner was attempting to transfer the property they found an old chain of title at 1,000 years. The banks would prefer a quit claim deed. Ayes all. Open Space Advisory Committee Mayor Valerie Keehn appointed Michael Englert to the Open Space Advisory Committee replacing Jeanine Stutchin. Cecil Hilleboe Proclamation (07-224) PROCLAMATION OF THE CITY OF SARATOGA SPRINGS Whereas, Mrs. Cecil B. Hilleboe, a longtime resident of the City of Saratoga Springs will celebrate her 100th birthday on December 19, 2007, and Whereas, Mrs. Hilleboe was born in Pulaski, NY, and lived for a time in and around Syracuse. She married her husband Paul B. Hilleboe in 1936, and came to Saratoga Springs in 1952, and Whereas, Mrs. Hilleboe’s long career as a bookkeeper is remembered by many Saratogians. She retired at the age of 70 and now resides at her home on Caroline Street. She remains a well-liked and well-respected member of our Saratoga Springs Community, Now therefore, I, Valerie Keehn, Mayor of the City of Saratoga Springs, am pleased to join with Mrs. Hilleboe’s children, Daniel and Susan, with her 4 grandchildren and 5 great-grandchildren, and with all my fellow Saratogians in wishing her a happy 100th birthday, and extending to her our very best wishes for good health and happiness. Julie Dorans Proclamation Previously discussed. Comptroller Audit Mayor Valerie Keehn said the draft audit on the purchasing procedures of the City completed by the Comptroller’s Office was in. She said the City is not at liberty to discuss the audit. The Council will cooperate though on the corrective actions in the audit. The City has 30 days to respond and then 90 days to prepare an action plan. Requesting such audits moves the City one step closer to open government. She said once the document is finalized, the Comptroller’s Office will release it. The Council has no authority to release the document. Christmas Eve Closing Time Mayor Valerie Keehn asked what were the thoughts of Council members on closing City Hall early on Christmas Eve. Commissioner Matthew McCabe said the Council should act in unison on this matter. Commissioner Ron Kim said there is an issue with the essential vs. nonessential employees and how to treat the essential employees when nonessential employees are given free time off. He said though, that if the Council wanted to close City Hall it was okay with him. Commissioner Matthew McCabe said he had no problem with closing either, however, would support leaving City Hall open to avoid the arguments down the road on this matter. He said employees could simply take a vacation day if they didn’t want to be here. He said that unless the Council was passionate on this matter, he would prefer to keep regular business hours. There seemed to be some agreement that it would be business as usual and City Hall would not close early on Christmas Eve. Parting Comments Mayor Valerie Keehn thanked the citizens for allowing her to serve as Mayor. She said she strived to represent the City in a professional manner with integrity, with high regard for the law and an open door policy. She was willing to talk to the people about their concerns. It has been an honor even though it hasn’t been easy. She ran on a platform of opening City government and championed the call for more accountability. She believed she accomplished what she set out to do. She now has a much greater respect and understanding for the Office of the Mayor. She was not discouraged by the election. She has brought new people and new ideas into City government. She thanked all of those who volunteered to serve the community. There is an active 10 of 18 City of Saratoga Springs City Council Meeting Minutes Tuesday, December 18, 2007 senior population. She formed a senior citizens committee which has done great work. There has been great progress on the recreation facility. She encouraged the incoming Council to continue to push forward in these areas. She encouraged the City to continue their progress on green initiatives. She asked that the next Council not go backwards on the DPS facility. Past Council’s have not been courageous enough to tackle this issue. The next few months will be a true test of the incoming Council’s priorities and values. There are many issues that she hopes will be continued such as open space, unwanted sprawl, improving the City’s infrastructure, etc. She said the City was at risk tonight of losing a major gateway to the community and those pressures will continue. Council members need to be brave and continue to resist those pressures. She thanked all of those who had worked on her campaign. She thanked her staff for serving her well over the last two years. She especially thanked Michael Englert who she believed was the best City Attorney that the City had ever had. Executive Session – Dreyer Litigation Mayor Valerie Keehn moved and Commissioner Ron Kim seconded to authorize legal counsel, Miller, Mannix, et al, to execut e a stipulation of discontinuance of release in the litigation matter in the Dreyer/Cornick/Moore matter. Ayes: three (Mayor Valerie Keehn, Commissioner Matthew McCabe and Commissioner Ron Kim); Nays: two (Commissioners John Franck and Thomas McTygue). Motion carried. ACCOUNTS DEPARTMENT Award of Bid - Fire Engine Commissioner John Franck withdrew this item. Inventory & Fixed Asset Clerk (07-225) Commissioner John Franck moved and Commissioner Matthew McCabe seconded to create the Inventory & Fixed Asset position in the Accounts Department, effective Monday, December 24, maintain the same salary and grade 7, maintain the position at 40 hours, it is budget neutral and it is contingent upon Civil Service granting approval at their Thursday, December 20 meeting. The transfer of the funds to cover the payroll for 2007 will be on Commissioner Matthew McCabe ’s agenda. Commissioner John Franck said he had received a letter from Civil Service on this position where it states that they had previously discussed this position noting that there was consensus that this position should be revisited with the possibility of making it a citywide position. It is now their intention at the December 20 meeting to abolish the Inventory & Fixed Asset position in DPW and create the position in Accounts. This new position will allow for a citywide position to work on the fixed asset and inventory program for the City. Mayor Valerie Keehn asked what was driving this motion. Commissioner Ron Kim said that upon reading the City charter it was clear to him that these duties were outlined in each department. He said that each department is responsible for doing their own inventory. Commissioner John Franck said that Civil Service recognized in March when this position was originally created that it was more appropriate to be a city wide position. The charter is clear that fixed assets and inventory control is under the Accounts Department. He noted that DPS has not completed their inventory. This person will now be available to work with each department. He said when this position was initially established, Commissioner Matthew McCabe suggested that it be in the Accounts Department. Commissioner Matthew McCabe said he initially did not support the creation of this position because he thought it should be citywide position. There is a challenge in completing the fixed asset inventory and with this position in the Accounts Department he believed it could be done. This is an opportunity to correct the situation and put the position in the Accounts Department. He will support this motion. Commissioner Ron Kim said he supported the original motion because he believed that the position was appropriately placed in DPW. He said the charter is the foundation of the City government. The charter is clear that DPS shall undertake and regularly update its inventory. It’s not open to interpretation. Council members may agree that it might be more efficient to perform this task under the Accounts Department; however, the charter is clear that it is an undertaking for each department. He would not support this motion. 11 of 18 City of Saratoga Springs City Council Meeting Minutes Tuesday, December 18, 2007 He said that Tony Izzo informed him that this position cannot be moved to the Accounts Department without a referendum. He believed this was an issue for the new Council. He said the Civil Service Commission needed to reread the charter. Commissioner John Franck said it was clear in the charter that there is a difference between “gathering” and “maintaining”. He said the charter states that the Purchasing Department shall on an annual basis maintain and update all inventories prepared by City departments and entities. He said it clearly falls under the Accounts Department and he was not proposing to change the charter. Mayor Valerie Keehn said when this was initially brought to the Council she opposed it because it did not follow the “process”. She believed that the person in this job was placed in this position simply as political patronage and it continues to be a political patronage position. This is simply a move to protect someone. Everyone at this Council table knows the reason why this woman is being transferred from one department to another. She said these are the kinds of things that the public needs to understand. She would not support this motion. She believed it bordered on being illegal. Commissioner John Franck said that Mayor has hired people who have worked on her campaign. He said this is an open, competitive position and there will be a test in March. Commissioner Thomas McTygue said this position was created because the unions complained that a laborer was doing inventory work. He said he followed the charter and created a position, hired an individual and had the task completed. He said DPS has not yet done their inventory. The Mayor’s statement that Michael Englert was the best City Attorney was inaccurate. He said Matthew Dorsey was the best City Attorney that this City ever had. He said Michael Englert did not follow the City charter. Michael Englert did not bring forth his annual report on the activities in the City Attorney’s Office. Both the Mayor’s Office and DPS are in violation of the charter because they have not completed their inventories. He said if the Mayor wants to play politics he can. He said they could sit around all night and talk about patronage jobs. Ayes: three (Commissioners Matthew McCabe, John Franck and Thomas McTygue); Nays: two (Commissioner Ron Kim and Mayor Valerie Keehn). Motion carried. Other Commissioner John Franck wished the outgoing members of the Council and their deputies well. He said that while they may have disagreed on items, he respected their positions. FINANCE DEPARTMENT Budget Transfer – Inventory & Fixed Asset Position Commissioner Matthew McCabe moved and Commissioner John Franck seconded to transfer the funds from the Fixed Asset & Inventory Clerk position in DPW to the Accounts Department for 2007, contingent upon Civil Service Commission approval (Attachment A) . Ayes all. Budget Transfers – Payroll, Social Security, Regular Insurance 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 B). Ayes all. Budget Transfers – Contingency 12 of 18 City of Saratoga Springs City Council Meeting Minutes Tuesday, December 18, 2007 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 C). Ayes all. Budget Amendments Commissioner Matthew McCabe moved and Commissioner John Franck seconded to approve the budget amendments as previously distributed. The budget remains in balance, the amendments have met the guidelines and the availability of funds is hereby certified (Attachment D). Ayes all. Direct Deposit Commissioner Matthew McCabe announced that it’s taken quite some time to accomplish the task of direct deposit. He said though that at long last, employees now have direct deposit. He thanked his staff for all of their hard work. Office Furniture – Accept Donation Commissioner Matthew McCabe moved and Commissioner John Franck seconded to accept the donation of office furniture (desks, chairs, filing cabinets, etc.) in his office from Robert Mains. Ayes all. Budget Commissioner Matthew McCabe said he is leaving the City is good financial condition. One of the biggest stressors on the City budget is the City employee contracts. He said that health insurance and the NYS retirement system contributions are significant. He said there needs to be some statewide discussion on creating a large pool of employees for the health care programs. With larger user pools, the premiums would decrease. He suggested that small businesses should be added as well. He said his employees have opened his eyes on the day to day business operations. He said it is not an easy job being a City employee. He thanked his employees for their dedication. He also thanked Supervisor Cheryl Keyrouze for all of her work as a Supervisor. He wished incoming Finance Commissioner Ken Ivins and his new deputy well. He then thanked Deputy Commissioner Lynn Bachner for her dedication and determination in seeing the job through. He said that Christine Gillmett-Brown is also a big asset to the office and he thanked her as well. He said he would miss everyone and wished them happy holidays. DEPARTMENT OF PUBLIC WORKS Local Law #1 of 2008 – Stormwater Commissioner Thomas McTygue requested that a public hearing be set for Wednesday, January 2 at 6:55 p.m. to discuss Local Law #1 – Stormwater Run off. Transfer Bag (07-226) Commissioner Thomas McTygue moved and Commissioner Matthew McCabe seconded to approve the increase in the price of transfer station bags from $2.50 to $3.00 for 2008 . Ayes all. Commissioner Thomas McTygue said that surrounding communities are charging $3 per bag and he wanted to keep in line with those communities. $30,000 Grant from Joe Bruno Commissioner Thomas McTygue announced that the City has received a grant in the amount of $30,000 from Senator Joe Bruno to purchase curbing for the islands on Union Avenue. This money is for materials only. The work will be done in-house. Front Steps of City Hall 13 of 18 City of Saratoga Springs City Council Meeting Minutes Tuesday, December 18, 2007 Commissioner Thomas McTygue said the front steps into City Hall need to be replaced. The deteriorated section has been closed. There is $271,115 in the building reserve account. He said the City Engineer’s Office is working on bid specifications and he hoped the work would be done in the near future. Lions Restoration Commissioner Thomas McTygue said there are two lions which were refurbished last year by Todd Goings. They are in storage at the City garage. He suggested that the lions be returned to the front steps of City Hall once the repairs are made. Restrooms in Congress Park Commissioner Thomas McTygue said the City has hired Syvertsen Architecture to complete the bid documents by mid-February for spring construction of the restrooms in Congress Park. The restrooms will be at the rear of the Arts Council facing the carousel. Ken Syvertsen, Syvertsen Architecture, showed the architectural renderings for the new bathrooms. He said they will renovate the existing bathrooms in the Arts Council building and create two new toilet rooms and a family toilet room. The exterior elements on the façade will be a little more upscale than normal. Commissioner Thomas McTygue said there is funding in the budget for this project. He also suggested that some consideration be given to installing a camera at the entrance/exit to the bathrooms. He said that would help when there is vandalism. He said that the bathrooms would need to be closed when there is no staff on duty. Health Insurance for Retired Employee Commissioner Thomas McTygue withdrew this item from discussion. Saratoga Newspaper Commissioner Thomas McTygue said The Saratogian has made so many mistakes over the years. He said The Daily Gazette, Post Star and Times Union are good papers that are fair and accurate. The Saratogian goes through reporters on a regular basis because they don’t pay them enough. He said that last week’s article on the water issue is a prime example. They do not have any good investigative reporters at The Saratogian. He said some of the problems with The Saratogian is the fact that he did not support selling the adjacent parcel to them during the urban renewal. That parcel was eventually used for parking for them. He said that The Saratogian sold the nearby property owners a bill of goods that the parking lot could be used for public parking. He made a comment at a Council meeting concerning the use of the parking lot The Saratogian was not happy. He said the City has offered on a number of occasions to maintain the lot in exchange to use it for public parking. He said that along with the reporters coming and going, the publishers come and go just as quickly. Much of the staff is not there long enough to understand what is going on in this City. He said in last Sunday’s edition alone, they printed the same letter to the editor twice. They don’t even do their own editorials anymore – they use the syndicated editorials. Commissioner Thomas McTygue said he did not lose the election over the water issue. He said the water issue should be put up for a referendum. There is a $3,000 tapping fee which allowed the City to generate funds to pay for the long term water source. The County has not gone through the appropriate channels. They are going onto properties without a permit or obtaining easements yet The Saratogian does not report on those matters. He said the recent article that stated that the City asked for t-valves in the County water line was inaccurate. The County can put in t-valves wherever they want. They do not need the City’s permission to do so. He said if the City puts the control of its long term water source in the hands of the County, the City might as well hand the keys to the City over to the County. Commissioner Thomas McTygue said he gave up his subscription to The Saratogian because of the inaccuracies and simply because more than half the time it is not delivered. He encouraged everyone to buy a good newspaper, not The Saratogian. 14 of 18 City of Saratoga Springs City Council Meeting Minutes Tuesday, December 18, 2007 Other Commissioner Thomas McTygue said he had met with the incoming Mayor and DPW Commissioner and he would continue to work with them on pending matters. Geyser Crest Well Fields Commissioner Thomas McTygue said there needs to be some work done on the Geyser Crest well fields and he would discuss the matter with the incoming DPW Commissioner. Upcoming Needs Commissioner Thomas McTygue said DPW has submitted a grant application which if approved, would grant major funding for work previously completed with the construction of the methane gas collection system on Weibel Avenue. Bill McTygue said the City invested nearly $1 million in creating the energy to ice facility. It captures the methane gas and pipes it to the cogeneration generator at the ice rinks. This gas provides a substantial amount of utility services to the rinks thereby saving the City a tremendous amount of money. The grant application would reimburse the City up to 50 percent of the project cost. The application has been submitted and they are waiting a response. Commissioner Thomas McTygue said the City also has applied for funding under the Save America’s Treasure program. If approved, the City would use the funds for the Casino façade. 15 Vermont Street – Easement (07-227) Commissioner Thomas McTygue said at the request of Michael Englert and upon the recommendation of the Real Estate Committee, he moved and Commissioner John Franck seconded for Council approval of an easement for an overhang at 15 Vermont Street. The building is owned by Tom Roohan and has a one foot overhang into the City right-of-way. The $200 fee has been paid. Ayes all. Other Commissioner Thomas McTygue listed his accomplishments over his 32 years as Commissioner: -- Village Brook drainage system. -- New DPW Garage -- Upgrades made to water treatment plant -- Closure of landfill. -- Conversion of methane gas to electricity through the Energy to Ice Program -- Construction of Weibel & Vernon Ice Rinks -- Compost Site -- Recycling Center -- Established water connection fee -- Established universal water metering system for the city. -- Casino – Applied for & received $1 million grant to make structurally sound -- Made handicap accessible -- Given $94,000 from Mary Lou Whitney for air conditioning -- Established Chair Rental – generated revenue for new heating & air conditioning -- Geyser Crest recreation fields -- Developed PBA fields -- Revamped & upgraded the Eastside, Westside, Northside and Southside recreation areas -- Construction of water/spray parks -- Construction of two parking structures -- Congress Park Restoration  Cleaned up major drainage  Old reservoir cleaned out and rebuilt  Spirit of Life  Deer Fountain  Columbia Springs  War Memorial  Veteran Memorial & Veteran Brick Walkway  Spit & Spat – Raised fund of $100,00 which paid for the restoration of Spit & Spat and the installation of park security cameras 15 of 18 City of Saratoga Springs City Council Meeting Minutes Tuesday, December 18, 2007  Trout Pond  Day & Night  Italian Gardens -- Carousel – 15 years in the making -- Raised funds for the purchase of carousel -- Raised funds for rehab of horses -- Lobbied for & received $125,000 from Senator Bruno for placement -- Design work and sale of memorabilia for Carousel -- Restoration of lions to be placed in front of City Hall with the restructure of the stairs. -- Water line extension Knoll Spring Park Meadowbrook Road to Gilbert Road -- Purchase of Congress Gas & Oil site, 4 ½ acres adjacent to Loughberry Lake. -- Sanitary & sewer upgrades from East Avenue to High Rock. -- Purchase of Waterfront Property and clean up -- Purchase of land for Interlaken Water System allowing for upgrades to service the ridge -- Upgraded the Geyser Crest wells connected to the city water system. -- Victorian streetlights made standard for the city -- Community development projects -- sidewalks & curbs. -- Began the water emergency repair service line leaks program. -- Collective drainage: Southwest Area, Westside drainage area including: Outlook, Newton & Bensonhurst -- Tree Planting Program -- 2007 National Floral Award from America in Bloom. -- Arranged agreement with Niagara Mohawk for the facility on Weibel Avenue. Will allow for expansion of the DPW Garage. $250,000 in rental fees collected to retro fit the building. -- Restoration of the Music Hall in City Hall. -- New bridge over Excelsior Avenue. -- Flag program on Broadway -- Purchased and installed benches and trash receptacles in the downtown business area -- Worked with private businesses over the years on temporary parking lots during the racing season -- Created and started the clean streets program “You bag it, we grab it” -- Snow removal #1 in upstate – our streets open within 4-6 hours after a major snow storm -- Decoration of City Hall, Visitor Center, Congress Park and Broadway for the Holidays -- Lobbied and received funding from Senator Bruno for the arterial lighting on Route 50 -- Founded the Shelters of Saratoga – City donated the property on Walworth Street -- More minorities have worked for DPW than all other departments combined -- Created and hosted the first Outstanding Athletic Award Banquet, honoring 256 local athletes, coaches and volunteers. -- Addition to the Senior Center – Kilmer Room -- Designed and built: High Rock Springs Hathorn Springs Farmer’s Market -- Construction of Railroad Run Trail -- Assisted Gene Corsale with the rehab of the Gideon Putnam Cemetery. -- Cocktail party for Congressional Medal of Honor recipients -- Fireworks displays in Congress Park each year for the 4th of July celebration -- Preparation work for the recent Civil War Encampment -- Shakespeare in the Park -- In the process of a conversion of all the cities water meters to radio read meters -- Asked for and received $30,000 from Senator Bruno for granite curbing on Union Avenue -- Designed and constructed horse head bike racks -- Did the restoration of the railroad crossing structure in memory of railroad employees -- Installed generators in City Hall and the Senior Center Commissioner Thomas McTygue said he did not want anyone feeling sorry for him. It has been a good 32 years with a lot of great accomplishments. He has always operated within his budget. The City’s water rates are the 6th lowest in the state. He has worked under eight mayors and has enjoyed his time here at City Hall. He appreciated everything that his staff has done. DEPARTMENT OF PUBLIC SAFETY Larkspur Drive, Karner Drive and Tommy Luther Drive (07-228) Commissioner Ron Kim moved and Commissioner Thomas McTygue seconded to adopt the following ordinance: AN ORDINANCE TO AMEND CHAPTER 225 OF THE CODE OF THE CITY OF SARATOGA SPRINGS, NEW YORK ENTITLED “VEHICLES AND TRAFFIC ” BE IT ORDAINED by the City Council of the City of Saratoga Springs, New York, following a public hearing, as follows: 16 of 18 City of Saratoga Springs City Council Meeting Minutes Tuesday, December 18, 2007 SECTION 1: Section 225-69 of the Code of the City of Saratoga Springs, entitled “Schedule IV: Speed Limits: Outside Tax District ”, is hereby amended to add the following: Name of Street Speed Limit Location Karner Drive 30 Entire Length Larkspur Drive 30 Entire Length Tommy Luther Drive 30 Entire Length 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. Parking Enforcement Officers – Award Previously discussed. Public Safety Building – Design Contract Previously discussed. Senior Dispatcher Position – upgrade (07-229) Commissioner Ron Kim said at the last meeting the Council approved the reclassifications and upgrades for various position in DPS. However, the Senior Dispatcher upgrade was inadvertently left out of that proposal. The motion was for 12 dispatcher positions but it should have been for 11 dispatchers and one senior dispatcher. The total increase is still 50,000. Therefore, Commissioner Ron Kim moved and Commissioner Thomas McTygue seconded to approve the upgrade of the Senior Public Safety Dispatcher (1 position) from Grade 12, step 3 to Grade 13, Step 3, effective January 1, 2008. The position is 40 hours and the funds were included in the 2008 budget. Ayes all. Public Property Use Permit – Enact Ordinance Commissioner Ron Kim requested that a public hearing be set for January 2 at 6:50 p.m. on the Public Property Use Permit. New York State Grant for Selective Traffic Enforcement Program (07-230) Commissioner Ron Kim moved and Commissioner John Franck seconded to authorize the Mayor to sign the grant acceptance in the amount of $14,362 for the DMV Enforcement for Aggressive Drivers program. The program runs from September 30, 2007 to October 1, 2008. Ayes all. SUPERVISORS Joanne Yepsen Joanne Yepsen expressed her gratitude in working with this Council. She said it had been a privilege. Grants Award from Saratoga Gaming & Raceway Foundation Joanne Yepsen said that she sits on the Gaming & Raceway Foundation Board. They recently awarded 16 grants from the 36 applicants. Nearly $300,000 was requested. She said the list of recipients would be in tomorrow’s newspaper. New York Racing Update Joanne Yepsen said the memo with the four pages of signatures was recently forwarded to Joe Bruno, Sheldon Silver and Eliot Spitzer. She said they are in touch daily with the state on the horse racing matter. There has been some indication of a settlement whereby NYRA will accept a short extension for another year 17 of 18 City of Saratoga Springs City Council Meeting Minutes Tuesday, December 18, 2007 with the details to be worked out in January when the Assembly and Senate return. She also noted that the NYS Preservation League recently held a press conference at the Racing Museum on this matter where they named the Saratoga Racecourse as one of the seven places to preserve. Saratoga County Water Authority Meeting Report Joanne Yepsen said that earlier the Council discussed the misinformation in The Saratogian newspaper on the water line issue. She said letters to DEC clarifying the City’s position would be a good idea. Regardless of how anyone feels on this matter, it was important that the truth be told. There was no request by the City for the t-valves. There was a letter from the DEC to the County Water Authority stating that the application was incomplete. Shortly thereafter, John Lawlor, Saratoga County Water Authority Director, stated that DEC wanted a list of customers. So he drew from the 2005 list. She said the Water Authority needed to add potential customers to the list in order to obtain the permit. PUBLIC COMMENT PERIOD Mayor Valerie Keehn opened the second public comment period. Remigia Foy requested that the Council expunge from the record all demeaning and negative comments made about Commissioner Thomas McTygue by David Bronner. Commissioner John Franck moved to expunge from the record all demeaning comments made by David Bronner about Commissioner Thomas McTygue. There was no second. Commissioner Matthew McCabe said he was not comfortable in supporting a motion which would eliminate discussion from the record. David Bronner said he has made many critical comments at Council meetings. But in the same token, he has been labeled as a nut case, public nuisance, harasser, and trespasser and has been personally attacked on numerous occasions. He said what he said this evening was factual election results. Remigia Foy said those remarks had nothing to do with City business. Many of David Bronner’s remarks were political attacks. She said if the Council was to expunge these comments from the record it would raise the standards of operation for the Council and raise the confidence of the community. She said she was looking forward to a new Mayor and for the meeting to be conducted under Roberts Rules of Order. There being one else wishing to speak, Mayor Valerie Keehn closed the second public comment period. ADJOURNMENT Mayor Valerie Keehn moved and Commissioner Thoams McTygue seconded to adjourn the meeting at 11:50 p.m. Ayes all. There being no further business, Mayor Valerie Keehn adjourned the meeting at 11:50 p.m. Respectfully submitted, Kathy Moran Clerk Approved: 18 of 18