City Council

City of Saratoga Springs City Council Meeting Minutes Tuesday, May 6, 2008 CITY OF SARATOGA SPRINGS CITY COUNCIL MEETING CITY COUNCIL ROOM TUESDAY, MAY 6, 2008 6:50 P.M. PRESENT: Scott Johnson, Mayor John Franck, Commissioner of Accounts Ken Ivins, Commissioner of Finance Ron Kim, Commissioner of DPS Anthony Scirocco, Commissioner of DPW PRESENT: Matthew Veitch, Supervisor Joanne Yepsen, Supervisor STAFF PRESENT: Michele Boxley, Deputy Commissioner, Accounts Patrick Design, Deputy Commissioner, DPW Eileen Finneran, Deputy Commissioner, DPS Kate Jarosh, Deputy Commissioner, Finance Shauna Sutton, Deputy Mayor Joe Scala, City Attorney RECORDING OF PROCEEDING The proceedings of this meeting were taped for the benefit of the secretary. Because the minutes are not a verbatim record of the proceedings, the minutes are not word-for-word transcript. PUBLIC HEARINGS City Hall Stairs – Capital Budget Amendment Mayor Scott Johnson opened the public hearing on the city hall stairs. The proposal is to amend the capital budget to add an additional $41,000 to cover the cost of the stairs. There being no one wishing to speak, Mayor Scott Johnson closed the public hearing. Gridley Street & Jefferson Street Zoning Amendment Mayor Scott Johnson opened the public hearing on the zoning amendment for Gridley Street and Jefferson Street. Commissioner John Franck said this is on his agenda this evening to change the zoning from UR-2 to Institutional Horse Track Related District. Donald Matusik, attorney, representing the applicants, displayed photographs of the area. He said that Gridley Street runs 4,120 east/west between Jefferson Street & Nelson Avenue and all but 700 feet was already zoned Institutional Horse Track Related. Of that 700 feet (3 lots), 540 feet is owned by this applicant. Of the 2 remaining parcels 1 is being used for horse related activities and the other was formerly horse related. He also noted that there are substantial portions of land used by NYRA for horse related activities in this area. He said amending the zoning to Institutional Horse Track Related is compatible with the neighborhood. There being no one else wishing to speak, Mayor Scott Johnson closed the public hearing. CALL TO ORDER 1 of 14 City of Saratoga Springs City Council Meeting Minutes Tuesday, May 6, 2008 Mayor Scott Johnson called the meeting to order at 7:10 p.m. EXECUTIVE SESSION Mayor Scott Johnson moved and Commissioner Ken Ivins seconded to move the executive session to the end of the meeting . Ayes all. PUBLIC COMMENT PERIOD Mayor Scott Johnson opened the public comment period. Wilma Koss, 160 Kaydeross Park Road, said that recently there was a presentation by Skidmore students concerning copper sulfate in watershed areas and the ramifications on the watershed. She said ideally, copper sulfate would not be used to treat water, however, there are few alternatives. The City needs to work on getting information out to those who live in the watershed areas to use bio friendly fertilizers. Homes with septic systems should have them pumped and inspected annually. Most of the City’s watershed is located in the Town of Wilton, but because we all share the same school district she it should be easy to get the word out. She suggested that a program be developed between the City, the school district and Skidmore on managing the City’s watershed. Kyle York, 59 Railroad Place, said he tried to find out how many security personnel are at the Racino, but was not successful. He said though that after talking to the trade associations, he found that an establishment the size of the racino should have a ten person security workforce on the floor. Sam Cherbin, student, said the City should take an active role in encouraging residents to not use the plastic bags from stores and that reusable bags be used. It takes more than 1000 years for plastic bags to decompose. He said that San Francisco has stepped up and in Chinatown, they are not allowed to use plastic bags. He said the City of Saratoga Springs needs to do the same. Kylie Poescua, student, said the plastic bags are killing the environment and animals. The City needs to encourage the stores to not use the plastic bags. Hannaford has reusable bags and all stores should be encouraged to do the same. Chasa Rocky, 13C Jefferson Terrace, was concerned with the proposal to turn the basketball courts parking lots. He said the children in the Terraces need a place to play. They don’t want a facility where they have to pay to use it. He objected to turning the play areas into parking lots. Ann Bullock, 86 Lincoln Avenue, said the outside recreation fields are an asset to the City and it should not be turned into a parking lot. There needs to be a traffic impact study for this location, just as it was done for the Weibel Avenue location. The parking lot would be used by the people going to the track during August rather than for its intended use. She was also concerned with Tremont Avenue and possible collisions because it is a dead end street. City officials should meet with the residents of this neighborhood before they move forward with construction of a recreation facility in this area. Jeff Olsen, 10 Clark Street, said it’s important to have play areas in the City and the southside recreation field is just as important as the other recreation fields. The residents in this area did not even know that the City was considering constructing the recreation facility at this location until a few days ago. He was concerned with the loss of two baseball fields and a soccer field. The children need to be able to walk to fields to play and if they can’t the community has failed. He said he emailed the Mayor in February on this matter and has yet to receive a reply. He asked that this play area not be turned into a parking lot. MaryBeth DeLarm, Quevic Drive, was concerned with the proposed 90 home subdivision called Beaver Pond on Geyser Road. She said that several years ago, this proposal was disapproved because the applicant announced that they planned to a second subdivision. She believed that the applicant is now trying to take advantage of the new City Council and Planning Board members. The applicants have stated on the record that they have plans to have a phase two in this subdivision. The rules are clear and the City would not be abiding by the SEQR if phase two is allowed. The City as the lead agent should not disregard this law. She said the two phases would be connected through wetlands. The environmental impact statement should be denied because it is incomplete and has false information. There is a clear segmentation rule that must be followed. 2 of 14 City of Saratoga Springs City Council Meeting Minutes Tuesday, May 6, 2008 Phil Marley, 14 Vanderbilt Avenue, said he was concerned with the proposed recreation facility at the southside and the SEQR process. He said the City is already doing test bores before it has declared the lead agent. The square footage of 40,000 feet makes it a type 1 SEQR action which would require a full EIS. Some of the impacts to be studied are traffic, noise, finances, storm water, etc. If a positive declaration is made then a full EIS would be required. He said there are other viable locations that would not impact the quality of life as much as it will in this neighborhood. Jeff Hauser, Ferguson Waterworks, said his company was the apparent low bidder on the water and sewer pipe fittings, however, the City planned to award the bid this evening, on the consent agenda, to the second low bidder. He said they won the bid last year, however, it was later rescinded because they were unable to supply the items in a timely manner. They now have a warehouse/storage facility in the Albany area and they will be able to supply the items as needed. He said Ferguson is a national waterworks supply company. He asked that the Council table the award this evening. Commissioner Anthony Scirocco said the bid was awarded to Ferguson last year, however, they were unable to supply the materials. Jeff Hauser said that was true, however, they now have a warehouse in this area and will be able to supply the items as necessary. He asked that City officials visit the warehouse location. Mayor Scott Johnson moved and Commissioner Anthony Scirocco seconded to move the award of bid for the water & sewer pipe fittings from the consent agenda to the DPW agenda. Ayes all. Phil Diamond, 29 Waterview Drive, said that the NYS Governor has announced that the state has a rather large shortfall in the state budget. It was likely that it will trickle down to local municipalities. The proposed transfer on the DPS agenda for the Executive Assistant position was not necessary. The City does not need another new position. He asked that the Council vote no on this transfer. Steve Valentine questioned the need for the recreation facility to be placed on the southside. He said that the DPS facility is a necessity unlike a recreation facility. The City should be looking at the Weibel Avenue location for the recreation facility. Nanette Donavon, 3 Quevic Drive, asked that the final EIS for the Beaver Pond subdivision be put back on the City web page. Commissioner Ken Ivins said it is on the web page. Joanna Garrison, Bryant Street, Saratoga Healthy Transportation Network, said that May is national bike month and next week is bike to work week. She encouraged everyone to ride their bikes to work. Commissioner Ron Kim said he is not adding a new position in his department. He said he was simply realigning positions and moving money from one position to the newly created executive assistant to the commissioner position. It will save the City nearly $3,400 because the new position pays less than the former position. This new position will work for him and the police and fire chiefs. Those departments need clerical support. It is a transfer of funds and there is no increase in his budget. Mayor Scott Johnson said there will not be any fees to use the recreation facility. It will be open to the youth of the City with no fees. He also noted that there will be public hearings scheduled when the design phase is completed. He said he did not receive any email and has thoroughly searched his records. The recreation facility project will be an open process which will allow everyone to participate. There being no one else wishing to speak, Mayor Scott Johnson closed the public comment period. PRESENTATION Accounts Department – Novus Agenda Manager Commissioner John Franck said that all Council members have computers this evening. He said this is the beginning of digitizing the Council’s agendas. The City received a grant in July 2007 for this project. His staff has been working for the last nine months on this project and the electronic agenda before the Council members this evening is the result of that work. The next step is a projector and screen. By the end of July all three land use boards will utilize the electronic agenda system. Some of the benefits include: open accessible government, more efficient use of time and more adequate distribution of information. 3 of 14 City of Saratoga Springs City Council Meeting Minutes Tuesday, May 6, 2008 Nancy Wagner said the purpose of the Local Government Records Management Improvement Fund program is to provide seed money to establish a system that the City will continue to use and enhance. She said the biggest problem that the City faces is the duplication of City records. Every record produced for discussion at City Council or land use board meetings is copied for each member of the Council or the board. In the case of the City Council there is a copy for each Council member, their deputy, the City Council Secretary, some key staff members and the City Attorney amounting to 16 copies per meeting. This amounts to at least 560 cubic feet of paper per year. The Novus agenda software system provides a central repository for information distributed for a meeting. The software will reduce paper, enable the information to be made available on the City’s website and will make the process of preparing for a meeting easier. The City received $55,987 from the State Archives to pay for the software and its customization, all of the training; the seven laptops, a scanner for the Mayor’s Office, firewalls and security installations and upgrades to an existing server. Nancy Wagner said this is the 21st grant the grant has received from the State Archives for a total of $408,564. Commissioner John Franck thanked Nancy Wagner for her diligence in obtaining these grants. He said that Council members and land use board members will be able to view the material on their computers at home. Commissioner Ken Ivins said the details of viewing the material from a home computer will need to be worked out with the IT department. There is a small cost involved. NYS Open Space Plan – Include Fish Creek and Saratoga Lake Joanne Yepsen said that tonight she wanted the Council to consider adopting a resolution that would add some open lands and waterways to the NYS Open Space Plan. Julie Stokes, Saratoga County Representative to the NYS Region 5 Open Space Committee, explained the situation. Julie Stokes said that there had been a recommendation to add Fish Creek and Saratoga Lake to the NYS Open Space Plan. She said the Towns of Saratoga and Malta agree with this proposal. Along with being included in this plan, funding becomes available. She explained that this NYS Open Space Plan is modified every three to five years. In order to obtain any funding from NYS, the lands must be included in this plan. She said that in 2002, Saratoga County had four projects included. In 2006, the Board of Supervisors added a number of projects including the Kaydeross Creek corridor and the mid county trail system from Ballston Spa to Halfmoon. She said the County has taken the position that they won’t propose additions to this plan without the town/city support. The final amendments to the plan must be submitted by the end of the month. The next County Board of Supervisors meeting is on May 15 and it must be included on that agenda in order to be forwarded to the state. She said Wilton is considering including the Stony Creek reservoir. Commissioner John Franck asked if this would impact the Saratoga Lake water source project. Julie Stokes said that was a question for the City Attorney. Mayor Scott Johnson asked if the Fish Creek area was included, would it restrict the landowners uses of their parcels. Julie Stokes said no. Funding that might become available is not for public acquisition but rather it is to protect wetlands and to provide public recreational access to the lake. Mayor Scott Johnson asked how often the state updates the plan. Julie Stokes said it should be every three years, however, it’s normally done every four to five years. She said the Zim Smith trail was added to the plan the last time and they have gotten funding twice since that inclusion. She said that at this time no specific parcel has been identified within the City. Being included in this plan does not mean that eminent domain proceedings would happen. The plan goes before the County Board of Supervisors on May 15. Mayor Scott Johnson said he did not believe that the Council was ready to vote on this tonight because it was the first time they were hearing of this. He asked if the Council could consider this at their May 20 meeting. Julie Stokes said the May 20 meeting was acceptable. Welcome Home Captain Biss Commissioner Ron Kim said in April 2007 Captain Michael Biss was deployed to Afghanistan. He was gone for ten months and was missed. He spent his time in Afghanistan training the local police force officers. Commissioner Ron Kim recognized and thanked Captain Michael Biss for his service to the City and to the country. He then presented him with a plaque from the department. Captain Michael Biss said it was good to be home and good to see democracy in action. He accepted the plaque on behalf of himself and those serving in Afghanistan. 4 of 14 City of Saratoga Springs City Council Meeting Minutes Tuesday, May 6, 2008 CONSENT AGENDA Mayor Scott Johnson moved and Commissioner John Franck seconded to approve the consent agenda as follows: 1. Approval of Minutes: April 15, 2008 2. Appointment: Commissioners of Deeds: James Ruhle, Daniel Cogan, Kevin Veitch, Lisa Nolan, Danielle Gailor, Donna Buckley 3. Extension of Bid: Motor Oil – Farrell Oil, under the same terms and conditions 4. Extension of RFP: Vending Machine Snacks – Gillette Creamery, various prices and products 5. Award of Bid: Sale of Used Vehicles: Andrew Hall-$990; Grace Quality Used Cars-$4,200 Catch Basin & Manhole Extensions-Syracuse Castings $28,965 Pre-cast Curbing: Fort Miller Co. $15,400 Granite Curbs-Syrstone, $13,545 Precast Manholes, Catch basins Drywells and Frames and Covers-Pallette $41,898 Fire Engine: Sutphin Corp. $323,000 Dispensing System for Lubricating Oils & Grease-Total Tool Ltd., $22,000 Infield Grooming Machine-Grassland: $24,676 6. Budget Amendments – meets the amendment guidelines (Attachment A) 7. Budget Transfers – meets the transfer guidelines (Attachment B) 8. Payrolls 4/18/08 $400,582.18 4/25/08 $402,543.83 5/2/08 $414,572.78 9. Warrants 2008 Mid MC2APR08 $3,022,500.00 2008 Mid MC3APR08 $ 647,187.98 2008 Regular 01MAY08 $ 317,229.11 Ayes all. MAYOR’S DEPARTMENT Zoning Amendment for West & Grand Avenues – S&D Realty Management, LLC Mayor Scott Johnson said this is a request for zoning boundary line amendment for four lots at West and Grand Avenues. The lots are currently zoned Transect 4, Transect 5 and Urban Residential-2. The applicant, Steve Kaman, has applied to have all of the lots rezoned to Transect 5. Steve Kaman explained that some of the lots have two zones on them. He is requesting that the Transect 5 district be extended across all of the lots. They will all share the same parking lot without multiple entrances. Mayor Scott Johnson moved and Commissioner John Franck seconded that the application has merit for review and to forward it to the City Planning Board for an advisory opinion. Ayes all. Steve Kaman asked about signage. Mayor Scott Johnson directed him to speak with the Planning Board on signage matters. City Ethics Board 2007 Annual Report (08-54) Rick Fenton, chair of the Ethics Board, reviewed the 2007 Board of Ethics report as follows:  Al Serling passed away, Nicole Clark resigned when she moved out of the City, A.C. Riley’s term expired, Christine Gillmett-Brown resigned, Rick Fenton assumed the chair and new members included Michael Arnush & Edmond Amyot.  The board met 13 times, developed the plain language Ethics guide, posted the referral and disclosure form on the website, posted the advisory opinion on the website and sent notices to the employees who were required to file annual disclosure forms. 5 of 14 City of Saratoga Springs City Council Meeting Minutes Tuesday, May 6, 2008 Mayor Scott Johnson thanked Rick Fenton for the report. Design Review Commission Appointment (08-55) Mayor Scott Johnson announced the appointment of Robert West, effective April 7, 2008, to the Design Review Commission. Saratoga Springs Housing Authority Board Appointment (08-56) Mayor Scott Johnson announced the reappointment of Sister Charla Commins to the Saratoga Springs Housing Authority Board. Recreation Commission Appointment (08-57) Mayor Scott Johnson announced the appointment of Colleen Carlson to the Recreation Commission. He thanked outgoing member Richard Flarity for serving the City. Revision to City Ethics Code Mayor Scott Johnson withdrew this item from discussion. Saratoga Speaks Forum Update Mayor Scott Johnson said first Saratoga Speaks forum was held on April 24 at the Princepessa Elena. He said it was well attended with a lot of good discussion. GED Program at Jefferson Terrace Mayor Scott Johnson said the GED program is up and running at the Ford Community Center with the assistance of BOCES. They meet twice a week and hope to have their first graduates in June 2008. Indoor Recreation Facility, Waterfront Park and Geyser Park Baseball Lights Mayor Scott Johnson said the soil sampling for the indoor recreation facility had been completed, but the results are not yet back. The plans will be available by the end of this month and made available to the public in early June. Mayor Scott Johnson said they are still fine tuning the bid results of the rfp on the waterfront property and have requested additional information from those respondents. Mayor Scott Johnson said the Geyser Park light bids are due back this week. ACCOUNTS DEPARTMENT Gridley Street & Jefferson Street Zoning Amendment (08-58) Commissioner John Franck said that pursuant to the Council’s request of March 19, the Planning Board reviewed the Gridley Street Stable, LLC Zoning Map Amendment at their March 26 meeting. The proposed zoning map amendment petition requests a change in the zoning designation for lots located at the corner of Gridley and Jefferson Streets. The request would change the zoning designation for these parcels from UR-2 to the Institutional Horse Track related district (INST-HTR). The Planning Board, as required by Article XV, Section 240-15.3 of the City’s Zoning Ordinance, reviewed the proposed change and determined that: 1) the revision is not contrary to the general purpose and intent of this Chapter and 2) the revision is accordant with the Comprehensive Plan. 6 of 14 City of Saratoga Springs City Council Meeting Minutes Tuesday, May 6, 2008 Therefore, Commissioner John Franck moved and Commissioner Ken Ivins seconded to issue a negative SEQR determination and to approve the zoning amendment request from UR-2 to Institutional Horse Track related district. Ayes all. Scooter Safety Marilyn Rivers said the Safety Committee sponsored a scooter safety program at Raymond Watkins apartments and the Embury Complex. There were 20 seniors trained in scooter safety. The program was taught by Officer Prestigiacammo. All participants were provided with a safety vest and flashing lights for the back of their scooter (from the Healthy Transportation Network). An informational safety book will be developed. She encouraged anyone who wanted instruction on scooter safety to contact her. Mayor Scott Johnson thanked her for providing this program to the seniors. CDTA MOU Commissioner John Franck moved and Commissioner Anthony Scirocco seconded to add the CDTA Memorandum of Understanding to the Accounts Department Agenda. This will finalize the agreement to sell the swiper pass in the Accounts Department. Ayes all. Commissioner John Franck moved and Commissioner Ron Kim seconded to authorize the Mayor to sign the Memorandum of Understanding between the City of Saratoga Springs and Capital District Transportation Authority to allow the City to sell the CDTA swiper pass contingent upon the review of the Risk & Safety Manager and City A ttorney. Ayes all. FINANCE DEPARTMENT DPS Payroll Transfer Commissioner Ken Ivins moved and Commissioner Ron Kim seconded to approve the DPS payroll transfers as presented for the executive assistant position . The transfers have met guidelines and the availability of funds has been certified (Attachment C). Commissioner Ron Kim said it was important to note that this is a savings of about $4,000 by eliminating a position and creating the new executive assistant position. Ayes: four; Nays: one (Mayor Scott Johnson). Motion carried. Standard Work Day Resolution (08-59) Commissioner Ken Ivins moved and Commissioner John Franck seconded to adopt the Standard Work Day Resolution as follows: RESOLUTION BE IT RESOLVED, that the City of Saratoga Springs be and hereby establishes the following as a standard workday for elected and appointed officials for the purpose of determining days worked reportable to the New York State and Local Employees ’ Retirement System: ELECTED OFFICIALS Mayor – Scott Johnson Commissioner of Finance – Kenneth Ivins Five day work week, 6.6 hour day. APPOINTED OFFICIALS City Attorney – Joseph Scala Five day work week, 6 hour day Deputy Mayor – Shauna Sutton Deputy Commissioner – Kathryn Jarosh Deputy Commissioner – Patrick Design Five day work week, 8 hour day. Dated: May 6, 2008 7 of 14 City of Saratoga Springs City Council Meeting Minutes Tuesday, May 6, 2008 I, John Franck, Clerk of the City Council of the City of Saratoga Springs of the State of New York, certify that the full City Council consists of five members, and that five (5) of such members were present at such meeting and that five (5) of such members voted in favor of the above resolution . Ayes all. City Hall Stairs Resolution (08-60) Commissioner Ken Ivins moved and Commissioner Anthony Scirocco seconded to adopt the following resolution contingent upon the capital budget amendment listed as item #1 on the DPW agenda. RESOLUTION FOR EXPENDITURE OF CONSTRUCTION, RECONSTRUCTION OR ACQUISITION OF BUILDING 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 planning to build new stairs in the front entrance of City Hall and has established a detailed schedule of work to be done and costs associated with said work, and the original amount allocated for said work was $172,804.00; and WHEREAS, after bids were received for said work, it was found that the lowest bid submitted that was reasonable and appropriate was a bid for $210,000.00; and WHEREAS, it is therefore necessary and proper to draw the remaining $41,296.00 of the project costs from the Construction, Reconstruction or Acquisition of Buildings Reserve Fund. NOW, THEREFORE, BE IT RESOLVED, that the above-described expenditure up to an amount of $41,296.00, is hereby approved and authorized to be paid from the Construction, Reconstruction, or Acquisition of Buildings Reserve Fund. Ayes all . City Hall Stairs Amendment Commissioner Ken Ivins moved and Commissioner Anthony Scirocco seconded to approve the City Hall Stairs budget amendment as presented contingent upon the capital budget amendment listed as item #1 on the DPW agenda . The amendments have met guidelines and the availability of funds has been certified (Attachment D). Ayes all. 2007 Year End Report Commissioner Ken Ivins distributed the 2007 year end report. He said the City has a fund balance of $3.9 million which is the highest since 2000. The water budget had a negative $176,000 unreserved unappropraited fund balance and the sewer budget had $266 unreserved unappropriated fund balance. Under the City’s general fund, the VLT aid was $3.8 million which but was budgeted at $2.7 million. There was a distribution of $801,000 from the County. The franchise tax received was $742,000 but was budgeted at $338,000. He said other state aid was strong as well. The City received $81,000 for hazardous waste clean up, $50,000 for the kayak launch and $65,000 for arterial lights. Sales tax increased from 2006, but did not meet the budgeted amount. Sales tax collections were at $8.6 million which was $738,000 less than budgeted. On the expense side, there was about $600,000 encumbered for 2007 which still needs to be paid out. The City did come in under budget in expenditures. Health Insurance was down but police and fire retirement system payment increased. Police overtime and compensatory time increased and gas and oil increased by more than $90,000. Commissioner Ken Ivins said the City has a surplus and less was spent than budgeted in 2007. Keeping the surplus in place will save the City money on interest when bonding. Using the surplus to balance the budget is not sound fiscal planning though. It had been previously stated that the 2008 budget is a bare bones budget, however, it is still more than the 2007 budget. He did not believe that $37 million was bare bones. He hoped the 2009 budget increases would be less than 3 percent. During the campaign he ran on the platform of 8 of 14 City of Saratoga Springs City Council Meeting Minutes Tuesday, May 6, 2008 reducing property taxes. He said it was very likely that the state would be looking to decrease funding to the City and the City needs to prioritize. There are several union contracts up for negotiation this year and labor is largest cost for the City. He said he hoped that the employees would find ways to reduce costs. Commissioner John Franck asked about the $800,000 distribution from the County noting that municipalities get this money during election years. He said he was glad to get the money, however, would rather have it go back to taxpayers. It seemed like a kickback every two years. Supervisor Matthew Veitch said it was his understanding that the money is given to the municipalities because it is from sales tax and not property tax. If it was property tax money, it could be given to the homeowners. Commissioner John Franck said the money should be returned to the homeowners. DEPARTMENT OF PUBLIC WORKS Capital Budget Amendment – City Hall Stairs Commissioner Anthony Scirocco moved and Commissioner John Franck seconded to amend the capital budget for the City Hall stairs project. Commissioner Anthony Scirocco said the bid came in at $210,000 while $172,804 was budgeted. Therefore, they were requesting an additional $41,296 from the building reserve fund to be placed in the capital budget line to cover this additional cost. Ayes all . Sick Bank – DPW Employee Commissioner Anthony Scirocco moved and Commissioner Ken Ivins seconded to allow a DPW employee to take 35 days from the sick leave bank. The DPW CSEA Union has approved of this request. Ayes all . Part Time Dispatcher Salary Commissioner Anthony Scirocco moved and Commissioner John Franck seconded to approve the part time dispatchers list and salary at $10.50/hour. Commissioner Anthony said one of the part time dispatchers retired and another is about to retire, causing an overtime situation. He said these are part time positions with no benefits. Ayes all . Carousel Opening Commissioner Anthony Scirocco announced that the carousel in Congress Park would open on May 9 at 11:00 a.m. to dusk for Mother’s Day weekend. It will be open on weekends only until school gets out in mid June. Then it will be open every day except Mondays from 11:00 a.m. to dusk. Voting Machine Contract with County Commissioner Anthony Scirocco moved and Commissioner Ken Ivins seconded to authorize the Mayor to sign the contract with the County in the amount of $2,400 to move the voting machines on three separate occasions. This is a revenue for the City . Ayes all. Upstate Testing & Control Commissioner Anthony Scirocco moved and Commissioner John Franck seconded to authorize the Mayor to sign the contract with Upstate Testing and Control for field services and maintenance of the Weibel Avenue Ice Rink Co-Generation Unit in the amount of $23,135 per year subject to the City Attorney ’s review. Ayes all. 9 of 14 City of Saratoga Springs City Council Meeting Minutes Tuesday, May 6, 2008 Schindler Elevator Commissioner Anthony Scirocco moved and Mayor Scott Johnson seconded to authorize the Mayor to sign the contract with Schindler Elevator in the amount of $2,451 for maintenance on the elevator contingent upon review of the City Attorney. Ayes all . Automatic Fire Sprinkler Commissioner Anthony Scirocco moved and Commissioner Ken Ivins seconded to authorize the Mayor to sign the maintenance contract with Automatic Fire Sprinkler in the amount of $4,080/year for inspection and testing of the automatic sprinkler systems in City owned buildings. Ayes all. Roller & Paver Commissioner Anthony Scirocco moved and Commissioner John Franck seconded to establish and adopt the 2008 equipment rental list for various prices for heavy duty equipment. This is for the rental of rollers & pavers during the paving season. The list is on file in the Purchasing Department. Ayes all . Informational – Paving Schedule Commissioner Anthony Scirocco moved and Commissioner Ron Kim seconded to add the informational paving schedule item to the agenda. Ayes all. Commissioner Anthony Scirocco announced the following paving schedule: May 19 pave Buff Road May 20 pave Tamarack Trail May 21 pave Piping Rock Circle He said that residents should contact his office concerning potholes. Commissioner Ron Kim asked that the paving schedule be forwarded to Mark Benequista so that striping could be done once paving is completed. Award of Bid – Water & Sewer Pipe Fittings Commissioner Anthony Scirocco said he would bring this item back to the next meeting. DEPARTMENT OF PUBLIC SAFETY Stop Sign Ordinance Commissioner Ron Kim requested that a public hearing be set for the next Council meeting at 6:55 p.m. on stop signs at Taylor Street and Doten Avenue. Chapter 225 of the Vehicle and Traffic Law Commissioner Ron Kim requested that a public hearing be set for the next Council meeting at 6:45 p.m. on the V&T ordinance concerning loading zones. Chapter 101 of the City Code Commissioner Ron Kim requested that a public hearing be set for the next Council meeting at 6:35 p.m. on the animal ordinance concerning expanding the definition of animal. Public Right of Way Ordinance (08-61) Commissioner Ron Kim said this item had been on a previous agenda with a public hearing. This will establish a process via permits and fees to regulate the public right of way areas. 10 of 14 City of Saratoga Springs City Council Meeting Minutes Tuesday, May 6, 2008 Commissioner Ron Kim moved and Mayor Scott Johnson seconded to adopt the Public Right of Way Use Permit ordinance as follows: PUBLIC RIGHT OF WAY USE PERMIT AN ORDINANCE TO CREATE A NEW CHAPTER 180 OF THE CODE OF THE CITY OF SARATOGA SPRINGS, ENTITLED “PUBLIC RIGHT-OF-WAY USE PERMIT ” BE IT ORDAINED by the City Council of the City of Saratoga Springs, New York, following a public hearing, as follows: SECTION 1. A new Chapter 180 of the Code of the City of Saratoga Springs, New York, entitled “Public Right-of-Way Use Permit ”, is hereby created to read as follows: Section 180-1. Definitions Public Right-of-Way – For purposes of this Chapter, the term “Public Right-of-Way ” any real property in which the City of Saratoga Springs holds an easement for the benefit of the public. Section 180-2. Authority of Code Administrator The Code Administrator is hereby authorized to issue permits for the placement of any equipment, material, or vehicles in a public right-of-way within the City pursuant to this chapter. The Code Administrator shall provide forms for applicants. No permit issued by the Code Administrator pursuant to this Chapter shall be construed so as to supersede or limit the lawful authority of any City official or department relative to the public ways Section 180-3. Permit Required A. Every person, firm, corporation, or legal entity who wishes to place any equipment, material, or vehicles in a public right-of-way within the City at any location within the City of Saratoga Springs shall be required to obtain a permit therefore from the Code Administrator. B. Obtaining said permit shall be the responsibility of either the person, firm, corporation or legal entity that owns or occupies the premises on which any equipment, material, or vehicles is to be placed, or a person, firm, corporation or legal entity engaged in the business of providing any equipment, material, or vehicles. Each application shall state: 1) The name, address and phone number of the applicant, and, if the applicant is engaged in the business of providing any equipment, material, or vehicles, the name, address, and phone number of the person, firm, corporation or legal entity to whom any equipment, material, or vehicles will be provided. 2) If the applicant is an agent, the name, address and phone number of the person, firm, corporation or legal entity that he or she represents 3) The proposed location of each item of proposed equipment, material, or vehicles, including a drawing or map showing the location of nearby buildings, sidewalks, streets, alleys, and other public ways. 4) The period of time any equipment, material, or vehicles shall remain in place. 5) Any other information as may be required by the Code Administrator to properly and adequately review the application. C. Each application shall be accompanied by the permit fee. D. the Code Administrator shall have the authority to reject any application. In rejecting any such application, the Code Administrator shall state the reasons for rejection. E. Each application shall contain proof that the applicant has in effect commercial general liability insurance in the amount stated in the City’s Risk Management and Insurance Requirement Policy, naming the City of Saratoga Springs as additional insured. Each applicant shall also execute a hold harmless agreement indemnifying the City against loss, including costs and expenses, resulting from injury to person or property as a direct or indirect result of his or her enterprise. Section 180-4. Fees. The following fees shall be required for permits issued under this chapter: CATEGORY FEE For items placed from 1 to 7 days $30.00 11 of 14 City of Saratoga Springs City Council Meeting Minutes Tuesday, May 6, 2008 For items placed from 8 to 30 days $60.00 For items placed for each additional day more than 30 days $ 5.00 per day Section 180-5. Issuance of Permits A. Upon a finding that all requirements under this Chapter have been met, the Code Administrator may issue a permit to the applicant. The Code Administrator shall have the authority to impose reasonable conditions upon the placement and/or use of any equipment, material, or vehicles. B. Any permit may be amended or renewed upon proper application to the Code Administrator. Section 180-6. Penalties for Offenses; Removal A. The Code Administrator may cause any equipment, material, or vehicles placed in violation of this Chapter or in violation of the terms of any issued permit to be removed. Such removal may be effected without notice when the Code Administrator determines, in his sole discretion, that the equipment, material, or vehicles present an imminent danger or hazard to a person or persons or to the public. The Code Administrator shall, to the extent practicable, notify the permitted of the equipment, material, or vehicles to be removed. If the permitted cannot be located despite reasonable efforts, or if the permitted fails or refuses to remove the equipment, material, or vehicles within a reasonable time, the Code Administrator shall have authority to remove the equipment, material, or vehicles, and may cause such removed equipment, material, or vehicles to be discarded or destroyed or sold at public auction. B. Any person who violates any of the provisions of this Chapter shall, upon conviction, be subject to the penalty set down in Chapter 1, General Provisions, Article IIIof the Code. 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. Handicapped Parking Ordinance (08-62) Commissioner Ron Kim said that a public hearing was held on this ordinance on March 18. He was proposing to amend the code to allow DPS to designate on street handicapped parking spaces. There was some discussion though on the written polices and regulations for doing so. He said his department gets requests on a routine basis to designate on street parking spaces. At this time there are no procedures in place to allow DPS to do so. He said they need the ability to designate these parking spaces. They would not be designated for certain individuals, but rather if there was a need and there would be an annual review of that designation. They would not be permanent spots. Mayor Scott Johnson said this item was withdrawn from the April 1 meeting because there was a request by Council members to see the procedures. Those procedures have not been circulated to Council members. Commissioner Ron Kim said Tony Izzo had reviewed the procedures and Commissioner Ron Kim was willing to meet with Council Members to explain the details. He said his staff was simply trying to balance the need of handicapped parking with those requests. He said they want to move forward with this proposal because those spaces will be designated from May 1 to October 31. Mayor Scott Johnson said he supported this concept, but he wanted to see the procedures for establishing these parking spaces. Commissioner Anthony Scirocco said designating these parking spaces with an annual review was good for the City and the residents and he supported this proposal. Commissioner Ron Kim said his department has been struggling with this and they need criteria to designate these spots. This would allow for handicapped parking spaces to be designated in an objective manner. Commissioner Ron Kim moved and Commissioner John Franck seconded to adopt the Vehicle & Traffic Ordinance as follows: AN ORDINANCE TO AMEND CHAPTER 225 OF THE CODE OF THE CITY OF SARATOGA SPRINGS, NEW YORK ENTITLED “VEHICLES AND TRAFFIC ” 12 of 14 City of Saratoga Springs City Council Meeting Minutes Tuesday, May 6, 2008 BE IT ORDAINED by the City Council of the City of Saratoga Springs, New York, following a public hearing, as follows: SECTION 1: Section 225-2 of the Code of the City of Saratoga Springs, entitled “Authority to install traffic control devices and make regulations ”, is hereby amended to add a new subsection “H” as follows: “H. The Commissioner of Public Safety is authorized to designate public on-street parking spaces as handicapped parking spaces in accordance with section 1203-a and 1203-b of the Vehicle and Traffic Law. The Commissioner shall exercise this authority pursuant to written policies and regulations and said policies and regulations shall not be inconsistent with the laws of the State of New York or this chapter. ” 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: four; Nays: one (Mayor Scott Johnson). Motion carried. Parking & Commuting Recommendations Commissioner Ron Kim said on April 11, 2008, several students from the University of Albany presented a parking and commuting assessment at a workshop meeting to the Council. He thanked Council members for attending. The report can be viewed on the City’s web page. He noted that one of the recommendations in the report was for paid parking in the downtown area. There were also several other interesting recommendations. Barn Collapse -- Oklahoma Track Commissioner Ron Kim commended his staff for their quick work during the barn collapse at the race track last week. Public Safety Facility Commissioner Ron Kim said the design review committee was appointed to oversee the design work by Labella Associates for the public safety facility. He said LaBella Associates has been working hard over the last few months on this design. He said the design and costs would be available for Council review at the June 3 Council meeting. If the material is available sooner, he would distribute it. Welcome Home Captain Biss Previously discussed. Racino Staffing Commissioner Ron Kim said there is a lot of misinformation on the racino staffing issue. He said the state police withdrew their nine officers that had been stationed there. The City was notified shortly before that happened. The City has 30 full time and part time traffic personnel during the August racing season and that is the City’s responsibility. The City also provides a fire presence at NYRA but is reimbursed for that presence. He said the racino is not receiving special treatment. The racino has a staff of more than 60 security personnel and the City is not acting as a security team at the racino. The security personnel provide security for the racino and the City provides police work. The City has made arrests at the racino. He said the racino is no different than Caroline Street at 2:00 a.m. both being very vibrant entities. His staff has been told by the state police that there were more than1800 incidents at the racino last year where an officer was required. He said he is not requesting that the City staff the racino with police officers to the same extent that the state police did, but he would request additional staff. At this point both he and his staff are being conservative in their estimates, but there will be some overtime that evolves due to the loss of the state police. He will return to the Council at a later time with the hard numbers. SUPERVISORS Joanne Yepsen NYS Open Space Plan – Include Fish Creek and Saratoga Lake: Previously discussed. 13 of 14 City of Saratoga Springs City Council Meeting Minutes Tuesday, May 6, 2008 Explore NY 400: Joanne Yepsen said the Explore NY 400 program will provide funding to communities for this event and she would make every attempt to attain funding for the City. There is more than $1.5 million available and additional funds available for school based projects and field trips. As more information becomes available, she will share it with Council members. May 12-16 Bike to Work Week: Joanne Yepsen said there will be a breakfast at the Arts Center at 8:30 on Friday. She encouraged everyone to bike to work. Matthew Veitch County Update: Matthew Veitch said the County has a surplus of $30.8 million derived from sales tax which was higher than anticipated. He said he did not know what the plans were for the use of that money. There are several capital projects pending though at the County including the radio system, animal shelter and the public safety building. Geyser Road Trail: Matthew Veitch said he recently met the Geyser Road Trail group. They are in the process of amending the rfp for design and engineering services asking for more detailed information on the costs. Fundraising will also begin. He will keep the Council updated on this matter. Executive Session Mayor Scott Johnson moved and Commissioner Anthony Scirocco seconded to move to executive session at 9:45 p.m. to regarding proposed, pending or current litigation; personal private information of a person or corporation or matters leading to the appointment, employment, promotion, demotion, discipline, suspension, dismissal or removal of a person or corporation. Ayes all. Council members returned at 10:35 p.m. Mayor Scott Johnson reported that the following actions were taken: Department of Labor: The firm of Harris Beach was retained for the Department of Labor matter at $175/hour at a maximum of $15,000. DPS Grievance: Chris Watt was retained for the DPS grievance matter with a cap of $2,000. CSEA City Hall & DPW Units Health Insurance: The firm of Harris Beach was retained for the CSEA City Hall & DPW matter health insurance matter . DPW Employment Matter: The firm of Harris Beach was retained for the DPW employment and potential termination matter at $150/hour at a maximum of $2,500. ADJOURNMENT Mayor Scott Johnson moved and Commissioner Ken Ivins seconded to adjourn the meeting at 10:40 p.m. Ayes all. There being no further business, Mayor Scott Johnson adjourned the meeting at 10:40 p.m. Respectfully submitted, Katherine A. Moran Clerk Approved: 14 of 14