City Council

CITY OF SARATOGA SPRINGS CITY COUNCIL MEETING CITY COUNCIL ROOM TUESDAY, MARCH 3, 2009 7:00 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: Patrick Design, Deputy Commissioner, DPW Eileen Finneran, Deputy Commissioner, DPS Kate Jarosh, Deputy Commissioner, Finance Shauna Sutton, Deputy Mayor Joe Scala, City Attorney EXCUSED: Michele Boxley, Deputy Commissioner, Accounts 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 a word-for-word transcript. PUBLIC HEARINGS Amend 2009 Capital Budget – Arts Council Restrooms Bill McTygue, Director of Public Works explained they are asking for approval to move forward with an amended energy performance contract with Johnson Controls. Before that happens, they need to amend the 2009 capital budget. This project would allow for them to put energy management control systems in the Arts Council building. They anticipate coming back at the next council meeting for funding of the project. Chris Kalawara of Johnson Controls explained the necessity to move the air compressor at the Arts Council Restrooms. They would like to remove the pneumatic system and replace it with a digital control system. There is some energy savings, but not a lot. The City has about $24,000 coming from NYSERDA funds. Those funds could be applied to this project. Once they receive the approval to start, the project can be completed in about 2 months. Commissioner Franck confirmed that it is zoning units and controls. Chris advised that is correct. City Council Meeting 3/3/09 Bill McTygue advised they plan to fund this from various accounts dedicated to the Arts Council building. There is $20,636 available in those funds, leaving a balance of $32,000 which they will need to raise through amended capital budget. The $24,000 coming from NYSERDA could also be used to further reduce this cost. Joel Reed, Director of the Arts Council stated the manner of funding this may not be graceful, but this project is really the Congress Park Restrooms. They just happen to be built within the Arts Council building. The restrooms will provide facilities to serve the entire city. This is a great opportunity to enhance and improve the building. Commissioner Ivins advised the reason this is not being voted on tonight is because the amendment was not in hand in time for bond council. He asked Commissioner Scirocco to have all paperwork in the Finance Office by Friday so it can be voted on at the next City Council meeting. Commissioner Scirocco asked if they will need a super majority. Commissioner Ivins advised a super majority is required. This public hearing was left open. The Council will hear the public on this issue again on March 17, 2009 at 6:50 p.m. Water and Sewer Rates Mayor Johnson opened the public comment period at 6:52 p.m. Commissioner Scirocco advised they provided the Finance Department with updated numbers today. A hand out was made available for the public and the Council. The bottom line wasn’t changed much. He believes it says they are moving in the right direction. Bill McTygue advised that the numbers given to Finance are the most current expenditures for 2008. No one spoke. CALL TO ORDER Mayor Johnson called the meeting to order at 7:00 p.m. PUBLIC COMMENT PERIOD Mayor Johnson said the public comment period is limited to a total of 15 minutes and individuals are limited to two minutes each according to the rules approved in February of 2004 by the City Council. Clark Hayward, President of SEMS, stated over the last few years there has been misinformation about how emergency medical services are provided in the city. This misinformation is coming from the Public Safety Department. He came to the Council in 2007 with information about the misinformation that was in the 2006 Public Safety report. He also came to the Council to talk to them about the ambulance that was purchased; the minutes indicated the City purchased an emergency response vehicle, which actually turned out to be an ambulance. He is here tonight to ask the Council to reject the RFP. The RFP is not about revenue generation for the city. The RFP diminishes the level of service by providing for only 2 basic life support ambulances. The city will have to hire additional firefighters/paramedics to chase the basic life support ambulances around. That is a great cost to the City. The revenue that comes in on one side will go right back out the back door. One question that everyone should be asking themselves is how does this RFP serve to improve patient care for the residents of the City of Saratoga Springs – it doesn’t. He urged the Council to reject this RFP. Page 2 of 21 City Council Meeting 3/3/09 George Miller, Vice President and volunteer of SEMS stated you have to ask yourselves if the revenue incurred is offset by the expenses is it worth doing. When 700 calls are added to the approximate 3,200 calls Saratoga Springs Fire Department runs today, it is a 20% increase. How is it possible the fire department can take on these numbers and maintain the excellent service without adding staff? He has no problem adding to the number of firefighter in the City to increase the safety of the City, but he objects to increasing the number of firefighters on the backs of the EMS system in the City. He urged the Council to reject the RFP. Bill Mirable of 14 Vanderbilt Avenue stated referring the indoor recreation project to the Zoning Board directly addresses their lawsuit third cause of action. He advised since the planning board review was done without the zoning board review, the planning board review is illegal and must also be done again. He is curious what the great consequences are if the money isn’t spend by April 1st. All the City has to do is defease the bond. He referenced the January 14, 2009 Gazette article where Commissioner Ivins is quoted saying “If the City doesn’t spend the $1.3 million remaining amount from the original $1.8 million bond by the April deadline, it will have to repay the amount to the Adirondack Trust Company.” He is not sure where the great financial consequences come from. He also stated another article stated the WICKS law has never been used in this City since the original Charter. It was used at the visitor center in 1991. Gary Favro stated he represents the SEMS unit as the labor relations representative. He has 30 years of background in EMS on the national and state level; he is a retired Troy fire captain and EMS coordinator for years. He has also worked with many municipalities and not-for-profits on EMS systems throughout the state and on a national level. He wrote a letter to the Council last week regarding his opinion on things based upon his experience in the field. He cannot see the RFP, as written, being a benefit to the fire department, SEMS, or most important the community. He suggested putting the RFP on the back burner; there are jobs and people affected by this. Phil Diamond of 29 Waterview Drive stated we have been battling here between 2 projects – public safety building and indoor recreation center. He doesn’t understand why hit has to be one or the other; we need both. Bringing up WICKS law now has gone from ridiculous to stupid. The people against the recreation center asked on of the labor union leaders in Saratoga County to complain to the labor department. The WICKS law does not say only union labor has to be used; only prevailing wage rates have to be used. Trying to pit a bunch of kids who need a recreation center against a police building is stupid. As far as he is concerned, if there is an option of providing a recreation center or a building to house felons in comfort; he picks the recreation center. Marybeth Delarm of 96 Quivic Drive stated she is pro-union and there is a purpose and a place for everything. If the City approves paid parking, she asks that they do not include Broadway. She would like to see solar parking meters if paid parking is installed. These meters have been successful elsewhere, such as in Lake Placid. She was asked to speak on behalf of over 1,500 residents regarding Beaver Pond. They would like to urge the City Council to ensure the Planning Board’s review of Beaver Pond is following the proper SEQRA process. This project should not be in the site plan review stage, as it is now, until all studies are complete. They have notified the Planning Board and the City’s legal counsel that there have been omitted or incomplete stated and federal mandated studies on the site. They feel the City would not be able to defend itself against an Article 78 if these significant environmental impacts continue to be overlooked. Kyle York of 59 Railroad Place provided pictures of 66 Franklin Street. The back of this address is very visible from his bedroom window. There are 3 tarps covering the back of the building and the door to the back entrance is open but the building is not occupied. The roof of the porch area is not stable, there is graffiti on the building, circuit breaker box is dangling, and wires on an outdoor light fixture are exposed. He hopes the Commissioner of Public Safety will make sure this house is either condemned or brought up to code. Mike Lyons of 182 Lake Avenue stated on behalf of the building and construction trades, he would like to urge the Council to take a look at doing work for the public safety building under project labor agreements (PLAs). Page 3 of 21 City Council Meeting 3/3/09 Jeff Pfiel of 342 Broadway asked if the discussion and vote for the High Rock development is actually going to happen in tonight’s meeting. Commissioner Kim stated the agenda item was entered incorrectly. They will be asking the City Council to consider doing a feasibility study for a project labor agreement. The first step in entering into a PLA is to do an economic analysis that looks at what the cost benefits are of a PLA. That could take weeks, maybe months. Jeff Pfiel stated he understands there will be public meetings about the High Rock project before there is a vote. He was at the DBA meeting and there was a lot of concern about parking. He doesn’t feel the parking issues have been discussed enough yet. After reading the newspapers and watching the news, he is incredulous that the City is going forward with 2 major projects at a time like this. Mark Benchure of Saratoga Springs stated the City and the taxpayers would benefit from PLAs. An economic feasibility study would be a step in the right direction. Derrick Legall of 3 Deerleap Place spoke about the coin drop. What he can see from the law is it addresses panhandling and ‘squeegee people’ like in New York City. It does not address not-for-profit organizations like we have here in Saratoga. He is the President of Saratoga National Little League for 8 years. They do coin drops to help offset costs for upkeep, fields, etc. No previous administration has ever questioned people doing coin drops. It appears that all of a sudden we are anti-recreation. This is affecting the youth of our City which is the investment in our tomorrow. EXECUTIVE SESSION Mayor Johnson moved and Commissioner Scirocco seconded to move to executive session 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. Castell v. the City of Saratoga Springs, the Village of Saratoga v. the City of Saratoga Springs, the DEC matter involving the City of Saratoga Springs, Water’s Edge Homeowners Association claim against the City of Saratoga Springs, and Gammon v. the City of Saratoga Springs . Ayes - All Mayor Johnson stated during the executive session, the Council unanimously voted to enter into a stipulation of settlement in the matters of NYS Division of Human Rights on the complaint of Mathew R. Gammon v. the City of Saratoga Springs, as well as the matter of Mathew R. Gammon v. City of Saratoga Springs Municipal Civil Service Commission to fully and finally release the City upon payment of $28,000 to the complainant in full and final satisfaction of all claims he has presented against the City and the Civil Service Commission. The breakdown of the settlement is $21,000 to be paid by the insurance carrier on behalf of the City with a $7,000 balance to be paid by the City as its deductible under the terms of the insurance coverage. The first case against the City is case #: 10113684 and the one against the Civil Service Commission is case #: 10113693. Ayes – All. Consent Agenda Mayor Scott Johnson moved and Commissioner Ivins seconded to approve the consent agenda as follows: 1. Approval of 2/17/09 City Council Minutes 2. Approve Budget Amendments Page 4 of 21 City Council Meeting 3/3/09 3. Approve Budget Transfers 4. Approve Payroll 2/20/09 $429,291.29 5. Approve Payroll 2/27/09 $454,997.31 6. Approve Warrant 2008 Mid MC11DEC8 $192,478.80 7. Approve Warrant 2009 Mid MC3FEB09 $312,407.40 8. Approve Warrant 2009 Regular 1MAR09 $191,143.54 Ayes - All Mayor’s Department Discussion and Vote: 2009 – 2010 Weibel and Vernon Ice Rink License Agreement for Skating Rink Time (09-46) Mayor Johnson moved and Commissioner Ivins seconded to approve the Weibel and Vernon Ice Rink license agreement for skating rink time. Linda Terracola explained this agreement has increased fees effective July of 2009. These fees were approved by the City Council in December 2008. This agreement has been approved by the Risk and Safety Manager and the City Attorney. This agreement will be effective from July 2009 to April 2010. Ayes – All Discussion and Vote: 2009 City of Saratoga Springs Field User Agreement Mayor Johnson asked Linda Terricola, Recreation Director, to explain this agreement. Linda Terracola explained these are new fees being proposed. The Recreation Commissioner approved the fees. It is proposed for 2009 that the youth organizations be charged $250 per organization for spring, summer and fall without lights; the fee with lights will be $350. Adult teams (over 18) will be charged $100 per game with lights; this fee was reduced from $150. Adult teams will be $50 per game without lights. Youth organizations that choose not to pay the organization fee will be given the option of $35 per game under the lights that require the services of DPW, the sound system and the scoreboard. A fee will be charged for any camp and/or clinic based upon the time period rented from dawn to dusk each day of the week. If an organization is having a tournament and requires DPW overtime, there will be a charge of $45 per game. Organizations will be requested to clean up after events; however, if DPW assistance is required, a $50 surcharge will be added. Linda Terracola also advised on Mondays and Tuesdays only during spring, summer, and fall, there will be a charge to each organization that requires set up, DPW service, sound system, scoreboard, and/or lights. Linda mentioned that the lights at Geyser Park will be in operation on May 4th. There will be a ceremony during Spa Catholic baseball as well as the girls’ varsity softball game. Commissioner Scirocco asked if we are charging little league and pop warner. Linda Terricola advised they are being charged. They worked with Commissioner Scirocco’s foreman and came up with a fair amount. This is all new. Commissioner Scirocco stated that cost is going to get passed on to the kids. It is expensive to set the kids up to play. The adult groups can afford it a little bit more. He doesn’t believe they should be charging little league or pop warner. Commissioner Ivins asked if they have spoken with the organizations, and if so, what their opinion was. Page 5 of 21 City Council Meeting 3/3/09 Linda Terricola stated they had spoken to the organizations; they are not happy about it. Her department and the Recreation Commission had the understanding that they needed to bring in a proposal. Commissioner Scirocco stated he is not in favor of including the youth. Commissioner Ivins asked if it is typical that we have to pay DPW overtime when the organizations are there. Linda stated on Mondays and Tuesdays, yes. Mayor Johnson stated there is some concern. He doesn’t disagree that we should be not be charging anything or as much to the youth organizations. He suggested they pull this from the agenda and bring it back when the fees have been ironed out to better serve the community. This item was officially withdrawn from the agenda. Presentation: 2009 CDBG Funding Recommendations Bradley Birge, Administrator of Economic Development presented the 2009 Entitlement Action Plan recommendations, recommended by the Community Development Citizen Advisory Group. Each year the US Department of Urban Development provides the City with a grant to assist persons of low and moderate income in areas of the City. This year they anticipate a grant of $360,000 and have about $66,000 in funds reprogrammed from previous years that were not used, for a total of $425,728.00. Applicants for funding requests went out in early December through end of January. The Citizen Advisory Committee reviewed the applications and made the recommendations that are before the Council tonight. He introduced Richard Ferguson, the chair of the committee. Commissioner Kim asked why some of the funds weren’t used. Brad advised it is not uncommon for small amount of funds not to be used due to some projects being completed under budget or changed. The funds are then reprogrammed. Richard Ferguson stated there were 2 public hearings and then the committee met. The committee made recommendations for 17 grants out of the 22 grants proposed. He asked the Council to accept the recommendations as presented. Commissioner Franck advised that if this is up for vote tonight, he would have to recuse himself from voting for one of the recommendations as he is on the board for a particular program. Commissioner Kim advised he is in the same situation. Mayor Johnson stated this is not up for vote tonight. Brad continued to advise that following this Council meeting, there will be a 30 day public comment period. Comments can be directed to the Office of Community Development. He asked the Council to set a public hearing be set at the March 17th meeting so that the Council can vote on the recommendations. Set Public Hearing: Citizen Advisory Committee Recommendations for 2009 Entitlement Action Plan Mayor Johnson set a public hearing for Tuesday, March 17th at 6:55 p.m. Appointment: Zoning Board of Appeals Mayor Johnson announced a vacancy occurred due to the resignation of Eric Schreck, who had been on the board for a number of years. He thanked Mr. Schreck for his service to the community. Gary Hasbrook is being appointed as the replacement. Gary is a city resident with a background in business Page 6 of 21 City Council Meeting 3/3/09 administration, accounting, management and operation of commercial property, and 10 years prior experience with the planning board and zoning board of appeals for the Town of Wilton. Discussion: Economic Stimulus Package and Meeting with Governor’s Office on 2-20-09 Mayor Johnson advised that on February 20th, the City’s representatives attended a meeting at the Governor’s office for the impact of the federal stimulus bill. There were presentations done by various agencies that have been empowered to recommend the use of the funds. Commissioner Kim, Deputy Finneran, Supervisor Yepsen, Paul Male, Brad Birge all attended with the Mayor. New York State is expected to receive approximately $24 billion in funding. The Governor’s staff indicated the funding will be funneled through various agencies, to fund existing programs. The good news for the City of Saratoga Springs is we are on a list for a number of projects that have deemed as eligible. One of the criteria is the project be shovel ready. The 5 projects identified through the Department of Transportation and the Capital District Transportation Committee as candidate stimulus projects are: the Church Street Reconstruction Project of approximately $1.65 million, Spring Run Trail of approximately $1.5 million, the Saratoga County Rt. 43 over the D&H Railroad is approximately $1.5 million, the Saratoga Bus Garage is approximately $1.5 million, and Ballston Avenue Reconstruction of approximately $1.3 million. Discussion: Potential Economic Stimulus Funds for Spring Run Trail Mayor Johnson stated the Spring Run Trail project started in 1996. The concept was to develop a pedestrian/bicycle trail from Congress Park to the Bog Meadow Nature Trail on Rte. 29. We anticipate this will be one of the first transit projects in this region to be funded with stimulus proceeds. These are reimbursement programs; therefore, we would have to front the money. On January 21st, he requested the Administrator of Parks, Open Land and Historic Reservation to define the status of the Spring Run Trail and identify anything that needed to be done to make sure this project is shovel ready. A report was prepared by the Administrator and we still are shovel ready and complete in terms of all easements that need to be obtained. Cost factors are in need of updating as this project hasn’t been looked at since 2005. There are 2 proposals; one is $47,000 with EarthTec. A portion of the project was never paid by the City. Roger Laime is here on behalf of EarthTec. Roger Laime of EarthTec stated he was the project manager on this project. This project was going to link a bike trail from Congress Park thru City streets to the old ice rink on East & Excelsior Avenues. A portion of the road work being installed at the time was going to be used as part of the bike trail to save costs. At the East Avenue location, they were going to go off-road and follow the Saratoga Railway Corporation’s rail bed that went to the Northway and terminate the trail until the time they could get across the Northway. The designs progressed, the permits were obtained, and right-of-ways were obtained. Bridges were designed to incorporate part of the old railroad bridges on Eureka Avenue and Excelsior Springs Avenue. At that point the funds were exhausted. The City was not able to go to construction for the project. Some of the funding to that point had been supplied by National Grid, DOT, and City funds. They have been instructed by DOT to look at this as one of the shovel ready projects under the stimulus package. All of the construction costs will be funded through the stimulus package. Commissioner Kim asked if we got anything in writing regarding reimbursement on this project. Roger explained there will be a municipal state agreement that will outline the terms and conditions of the reimbursement. The City will have to front the costs. Commissioner Kim asked if we would do this through capital bonding or through contingency since we will be reimbursed. Commissioner Ivins stated we would need to look at how quickly we will be reimbursed and how much we are talking. Roger stated the last cost estimate was approximately $1.5 million dollars. Commissioner Kim asked if it will be clear where the bike path is. Page 7 of 21 City Council Meeting 3/3/09 Roger stated not from Congress Park to East Avenue – it will be done with signage. Commissioner Ivins stated there has been $661,000 set aside for this. He asked if we have a handle on the amount of outstanding bills. Mayor Johnson stated that information was just presented to him yesterday. He is working on trying to figure that out. He will bring this back at the next Council meeting because we need to advance on this in a timely manner to maintain qualification under the stimulus package. Discussion: Status of Indoor Recreation Facility Project Mayor Johnson stated in the past week there have been a couple things that have happened that have affected the timeline of this project. The Friends of the Southside filed for an injunction to halt the project. The judge ordered a temporary restraining order prohibiting the City from putting a shovel in the ground and physically changing the land in any way. This will go before the judge again on March 13th. The judge didn’t have enough information to determine merit of the claim/injunction. The City is in the process of filing papers to oppose that injunction. He believes they will be successful in defeating the motion for the injunction. Commissioner Scirocco asked Commissioner Ivins to look at a back up plan for the money and the April 1st deadline. He would like to hear something about this at the next Council meeting. Mayor Johnson stated he agrees with a backup plan. They are looking at all options to protect the City. He has been speaking with Commissioner Ivins and bond council regarding all options in this ever- changing project. Commissioner Kim stated he is struggling with the timing. We appear in front of Judge Nolan on March 13th, but they normally take things under advisement and come back to rule. If he does come back on the 13th and say the City is good to go, we also have the labor department which has said we have to stop. How do we get from point A to point B given those constraints? We have a pot of money that looks like it can’t get spend and then we have a larger pot of money that looks like we have more time with. Mayor Johnson the bonding issue goes beyond the $1.3 million or $1.5 million that remains on the second round of bonds that has the deadline date of April 1st of this year. If that money is turned in or defeased, than the remaining bond of $4.3 million is not enough to fund the project. Therefore, you are also looking at defeasing or turning in that bond. Then there are 2 substantial bonds the City has issued and abandoned and that has consequences. The balance of the $4.3 million bond isn’t held by Adirondack Trust, it is held by several holders. It raises other issues, complications and potential penalties to the City. Commissioner Kim stated only if we assume the project stays exactly as it is. Instead of 4 basketball courts, maybe we are looking at 3 or 2. What is our plan if we have a stop work order from the Department of Labor? How are we going to complete this by April 1st? Mayor Johnson stated there is a stop BID order, not a stop WORK order; there is a difference. There is no precedence here as this is new to the WICKS law as of last year. He was part of a conference call with the Department of Labor today. There is a general concession is that they are not sure what they can be doing here. Last Friday, the City Attorney issued a response to the stop bid order indicating our objections to it as being untimely. The Department of Labor chose to wait over a month after knowing what we are doing. They let the bid process complete itself, meaning awarding the bid on February 17th to Bast Hatfield, Inc. His intent is to keep the communications open with them. The City’s objective is to have the order revoked or come to some agreement with them to keep the project going not to jeopardize the bonding. It is no secret as to who complained; it was Larry Bulman, Chairman of the Saratoga County Democratic Party. There is a political overtone here. He asked Mr. Bulman to explain through the press to publicly explain how you would intentionally do something that would harm the City. We are focusing on delivering this project with the chosen contractor, on time and expending those funds by April 1st. Page 8 of 21 City Council Meeting 3/3/09 Commissioner Franck asked if there is an extension to the bond due to circumstances beyond the City’s control. Mayor Johnson advised there is no express extension by law, there are things that can be done and he is looking into. Commissioner Franck stated he has been for PLAs from the beginning and should have been in both bids as protection. Whatever is happening with this is going to happen with High Rock as neither one had WICKS in it. This is why he tried to push the PLAs but couldn’t get anyone to agree with him on it. We do have to do a feasibility study; but you can’t do the study unless you know WICKS applies. He is going to fully support PLAs no matter what happens here because of WICKS and the size and scope of these projects. Commissioner Kim stated it is his understanding that PLAs are a prophylactic tool to protect a city that chooses not to comply with WICKS. All of them sitting there were advised of this in a timely manner. It is his understanding that all Council members met with unions officials to discuss this for both these projects. We also have an issue with a project going forward with a huge risk to the citizens of the City. If there is any outside counsel consulting on the labor commissioner’s ruling, the City Council did not approve it. The City Council did approve $20,000 to defend the City in the Southside Park litigation. No attorneys (outside counsel) have been approved for the labor commissioner’s ruling. If the Mayor is doing that, it would be inappropriate and outside City Council. Also, if Larry Bulman listened to him, he would out there campaigning for Congress; he wouldn’t be here. Larry Bulman does not listen to him; he is a representative of the unions and he has to advocate for his constituencies. That constituency wants PLAs or WICKS law. That’s was Larry Bulman was doing; he wasn’t doing his bidding. If Larry Bulman listened to him, he would be doing something very different right now. Commissioner Franck stated he agrees with just about everything Commissioner Kim is saying, but they clearly went over PLAs in our workshops. It wasn’t a republican or democrat issue in his mind; it was for the protection of the City. Commissioner Ivins stated he takes exception to meeting with labor groups. He doesn’t remember ever having a meeting with or ever being approached by any labor groups about PLAs or WICK. From what he is hearing, PLAs make sense. As far as a plan of action, he would like to see this play out. The Council will have time at the first meeting in April to make plans on how to proceed. Commissioner Scirocco stated now we have another cog in the gears. If this has to go to bid again, this project isn’t going to happen. We are going to have long term bonds we will be paying debt service on and nothing to show for it. He wants some insurance polity or plan to back out of this if it goes the way the lawsuits are saying it is going to go. Mayor Johnson stated again that everything is being done to protect the City. Also, he has not incurred any obligation to the City by seeking outside counsel to consult with and give advice on the Department of Labor issue. If and when that comes to fruition, he will bring it to the Council for approval as that is the appropriate process to follow. He did have a discussion with a group from labor in January, which did not involve Mr. Bulman, to discuss PLAs. They discussed the indoor recreation center and the High Rock development. To do a due diligence on a PLA, it would take a minimum of a month. Due diligence is required to determine the public benefit to the City by going with a PLA versus nothing else. At the conclusion of that meeting, it was determined that due to the timeline the recreation center project was on, there was not enough time to do due diligence as the bids were already out. He assured the group he would consider it for the High Rock project. They accepted that and there was no disagreement indicating they would do anything they could to stop this project now by making complaints to labor and so on. It was never discussed; had it been discussed he would have tried to persuade them not to anything that would harm the City. Discussion and Vote: Designation of Zoning Board of Appeals as an Involved Agency and Referral of Indoor Recreation Center to the ZBA for Review (09-47) Page 9 of 21 City Council Meeting 3/3/09 Mayor Johnson moved and Commissioner Ivins seconded the City Council to designate the Zoning Board of Appeals as an involved agency for the purpose of SEQRA with a full reservation of rights by the City to not waive its claim that the ZBA does not have jurisdiction over this matter given the pending lawsuit that does involve those issues and the Council refer the indoor recreation center project to the ZBA for a its full review on any variances that may be at issue . Mayor Johnson stated he is doing this out of caution on behalf of the City to further protect the city. If he can do anything in his power to eliminate one ground in the lawsuit by submitting it to the ZBA for their consideration/review. There is no harm to the tax payer by doing this. He believes we are strong in our contention. Commissioner Scirocco stated he is going to support this as originally he was told ZBA would not be an involved agency and he felt they should have been an involved agency as well as the design review should have been an involved agency. Commissioner Kim stated he is going to oppose this. He doesn’t believe this is going to help this case because it actually says we did it wrong. It will hurt the City’s interest to take this action now. If he was the attorney on this he would say stick to your story. This is a bad move. Mayor Johnson stated we do not concede our prior conduct was erroneous, wrong, or illegal. We are simply doing something that will further protect the City. Commissioner Ivins stated he is going to vote for this to further protect the City. He doesn’t believe this is necessary as they didn’t do anything wrong. Ayes – 4 Nays – Commissioner Kim Accounts Department Discussion and Vote: Authorization for Mayor to Grant Application (09-48) Commissioner Franck moved and Commissioner Ivins seconded upon the recommendation of the Safety Committee to authorize the Mayor to sign a grant application for the State of New York Department of Labor Hazard Abatement Grant in the amount of $25,000 for education and training of City employees for calendar year 2009. Commissioner Franck advised this is a non matching grant. Ayes – All Discussion and Vote: Award of Bid – Field Marking Paint (09-49) Commissioner Franck moved and Commissioner Scirocco seconded to award the bid for Field Marking Paint to Grassland in the amount of $51.30 per unit. Commissioner Franck deferred to Commissioner Scirocco to explain the selection process of this bidder. Commissioner Scirocco stated the product that Grassland has will be purchased by the City in 3 gallons. When mixed with water it makes 15 gallon. The lowest bidder, Allerdice, when their product is mixed with water also makes 15 gallons. The product we are buying covers more area and more durable, saving on labor. This was on the recommendation on his recreation foreman. Ayes – All Discussion and Vote: Award of Bid – Grass Seed (09-50) Page 10 of 21 City Council Meeting 3/3/09 Commissioner Franck moved and Commissioner Scirocco seconded to award the bid for Grass Seed to Matrix Turf Solutions, LLC in the amount of $.99 per unit for mixture #1, $1.49 per unit for mixture #2, $1.21 per unit for mixture #3, and $1.44 per unit for mixture #4. Commissioner Franck advised that per DPW Matrix Turf Solutions was the lowest qualified bidder. Ayes – All Discussion and Vote: Award of Bid – Printed Polyethylene Bags (09-51) Commissioner Franck moved and Commissioner Scirocco seconded to award the bid for printed polyethylene bags to All American Poly in the amount of $26.86 per unit. Commissioner Franck advised per DPW they were the lowest qualified bidder. Commissioner Ivins stated last year they went over budget on this item and had to do transfers to cover the purchase of bags. Is there enough in the budget this year or are transfers going to happen. Commissioner Scirocco asked what exactly he is talking about. Commissioner Ivins stated the line item for the bags went over budget last year. This year they have $6,700 in the line item and the total bid is just about there. Will adjustments need to be made later on? Commissioner Scirocco stated he can’t answer that at this time. He knows they sell the bags for $3 each and generate about $160,000 through purchases. They will sell as many as they can. He hopes they will have to order more. Ayes – All Discussion and Vote: Award of Bid – Sand (09-52) Commissioner Franck moved and Commissioner Scirocco seconded to award the bid for sand to Cranesville Block Co., Inc. in the amount of $11.00 per ton delivered and $6.45 per ton city hauled. Commissioner Franck advised per the DPW the lowest bidder does not meet the City’s specifications. Ayes – All Discussion and Vote: Award of Bid – Street Trees (09-53) Commissioner Franck moved and Commissioner Scirocco seconded the award of bid for Street Trees to Schichtel ’s Nursery, Inc. in the amount of $11,020.00. Commissioner Franck advised per DPW, Schichtel’s was the lowest overall bidder. Ayes – All Discussion: Coin Drops Commissioner Franck went over the history of coin drops since 2003. On June 13, 2003, the police department made a referral to the Safety Committee regarding coin drops held in the City per Article 27 Section 1157 of the NYS Vehicle and Traffic Law, which states: “No person shall occupy any part of a state highway except in a city or village, in any manner for the purpose of selling or soliciting.” In August of 2003, Commissioner Towne formed a Committee under the direction of Deputy Commissioner Harper Page 11 of 21 City Council Meeting 3/3/09 and requested Tony Izzo as Assistant City Attorney, Captain Michael Biss as the police representative, Harry Buciferro as the City’s Insurance agent, Robert Blaisdale as the City’s insurance carrier representative, Marilyn Rivers as the City’s Risk and Safety manager, and Kathy Moran as the Accounts Office Manager to review the current 2003 coin drop program. The coin drop program in 2003 and earlier allowed children over the age of 10 to stand in the roadway with an adult with no safety mechanisms in place. The committee formed by Commissioner Towne reviewed the NYS Vehicle and Traffic Law under the guidance of Tony Izzo as Assistant City Attorney regularly met during the 3rd quarter of 2003 and made the following recommendations: 1. Under no circumstance shall a child under the age of sixteen (16) be allowed to participate in coin drops on a City owned and/or maintained street. 2. Any child between the ages of sixteen (16) and eighteen (18) years of age may participate in coin drop solicitations if accompanied by an eighteen (18) year old or older and the participating child has obtained written parental or guardian permission for the event. 3. The accompanying adult must be located immediately adjacent to the participating child and provide continual supervision. 4. Every participant shall wear a safety reflective vest and adhere to NYS Motor Vehicle Traffic Safety Rules of the road when participating in the coin drop event. 5. Reflective cones shall be utilized and placed in the middle of the road immediately in front of each participant. 6. Signage designating the area as a coin drop will be placed fifteen feet from the onset of the coin drop location from a northerly/southerly or easterly/westerly flow of traffic allowing motorists an opportunity to be aware of the event from both routes of travel. 7. Coin drops within City limits were limited to the intersections of: a. West Avenue and Church Street b. West Avenue and Washington Street c. East Avenue and Union Avenue d. East Avenue and Lake Avenue Commissioner Franck went on to say that Commissioner Towne sent the new policies to community organizations for review in the 4th quarter of 2003. The Safety Committee approved the new draft on January 21, 2004 and sent this matter to the City Council for a public hearing and City Council vote. Commissioner Towne brought the matter to the City Council on February 17, 2004. He held a public hearing on that date and the City Council voted unanimously to approve the program. The Accounts Department has followed the direction of the City Council since that date. Commissioner Kim stated in the Saratogian that some of the staff was getting a lot of complaints, so he suggested we look at theconcerns. To date, his office has not received one complaint since he has been in office and the Safety Committee has never received a complaint since this program has been put into effect. Commissioner Kim put on his agenda for tonight to set a public hearing to create a coin drop ordinance, but he can’t do it as his department doesn’t issue the licenses. Commissioner Franck asked Tony Izzo to explain if this is something Commissioner Kim can do. He doesn’t see a reason for a coin drop ordinance. Tony Izzo stated as far as the license is concerned it is part of the peddling and vending ordinance. He would have to review it but didn’t believe there is a section in there specifically regarding to coin drops. All licenses are issued under the peddling and vending ordinance which the Accounts Department and the Commissioner of Accounts has the general power to attach conditions to such license. Since he has been here, that is how permission for a coin drop had been given. Commissioner Franck asked that if there are any complaints in the future, he hopes Public Safety would direct those complaints to his office along with any individuals. The last coin drop we had was October 2008; it’s been 5 months and then all of a sudden this becomes an issue. Nothing has changed in this law at the state level since at least 2003. If there were complaints, they had to be from October of last year or earlier because there haven’t been any coin drops. He will leave it up to Commissioner Kim as to what he wants to put on his agenda later on. Page 12 of 21 City Council Meeting 3/3/09 Commissioner Kim stated he needed to respond because there is a lot of misrepresentation. He explained how this issue came up in his office. They historically received requests from the Accounts Department to approve these. During their weekly staff meeting, there was discussion about the approval process of these. Concern was expressed regarding the safety issue. He asked what the laws were around this. His staff presented him with a statue, Section 1157, which was correctly quoted by the Commissioner. It doesn’t exactly limit it to peddling; it simply says no person shall stand in a street or highway for the purpose of soliciting. That is what they are doing here. They asked for a meeting with the Commissioner of Accounts to discuss this and figure out what they need to do. At that time they weren’t interested beyond how do they put this together. He never received a response to have the meeting, but he did receive a call from Andrew Bernstein of the Saratogian. Then they sent the Commissioner a letter stating here is what they know and the statute they believe it prohibits a coin drop. They also said if you are going to license it, that’s his business; that’s the commission form of government. Commissioner Kim’s attempt was to resolve the problem, not create a problem. They have received safety complaints. All of the comments responding to the article in the Saratogian say don’t do this – it is not safe. His staff was looking at re-writing the law to make this safer or find another way to raise money that doesn’t put people in the street. They just made sure people understand what the law is. He will pull setting a public hearing from his agenda to create a coin drop ordinance. Commissioner Franck stated Commissioner Kim had sent 2 correspondences to him, the first stated to go no further because he hadn’t signed off. We did contact him back and told him there was no reason for a meeting that we would re-do the form in any way he felt comfortable to sign off. Then he said he wasn’t going to sign off on these. He didn’t say he was going to stop coin drops, he just said that he was not going to authorize these; so there was communication back and forth. This is what the United States is about; we try to help out other people. He doesn’t feel Commissioner Kim is anti-coin drop and he understands he has safety issues. It’s been 38 ½ months into him being in office and all of a sudden he got a stop order on this. Commissioner Kim stated nobody ordered Commissioner Franck to stop, that’s not his role. He just said they came across that statute and wanted to talk. Commissioner Frank stated he is aware of the statute. Commissioner Kim stated he never met with them. Commissioner Franck advised again he didn’t have to meet with them because they wanted a new form and then when that was presented they didn’t want it. He asked Deputy Finneran to go to the mic to speak instead of her talking from behind the table. Commissioner Franck stated he has the copy of the e- mail sent back to Public Safety. Deputy Finneran stated Commissioner Franck they never responded and wanted the public to know that. Commissioner Franck stated she is incorrect as always. We have a coin drop in April which we have already approved. If Commissioner Kim does not want to be part of the coin drop process, his office will remove him from that. Announcement: Condominium Resolution Commissioner Franck asked Supervisor Veitch to speak to the public on this. He also thanked Supervisor Yepsen for pointers of how to work with the committee at the county level. They received unanimous decisions from both committees and through the county. Both Supervisor Veitch and Supervisor Yepsen voted for this. Supervisor Veitch stated when Commissioner Franck went to him, he was looking for a meeting with Senator McDonald to go forward with this. He suggested getting a resolution at the county back the City in the unfair assessments of condominiums. First they went to the Equalization Committee, was put on the agenda, and they unanimously pushed it to the Legislative and Research Committee. That committee then pushed it to the Law and Finance Committee. It then went to the Board of Supervisors on February Page 13 of 21 City Council Meeting 3/3/09 24th, where it was voted on unanimously to support the resolution. He thanked all the supervisors and Supervisor Yepsen for getting this done. Commissioner Franck advised he will probably bring this up to vote in April. He feels the best thing to do is hold some public hearings. As soon as the state budget goes through, they need to go to lobby on this. Discussion: Land Use Boards’ Minutes Commissioner Franck advised some of the land use boards are behind. His main concern is getting the draft minutes up within 2 weeks. He also believes the land use boards should be shown on the web-cast. It is important for people to see the process and it complements the minutes. If people can’t stay at City Hall for the meeting, they can view the web cast at a later date. Finance Department Discussion and Vote: Accept Saratoga’s All-American Celebration Donation (09-54) Commissioner Ivins moved and Commissioner Franck seconded to accept a donation from the Courtyard by Marriott for the All American Celebration in the amount of $500. Ayes – All Discussion and Vote: West Avenue Special Assessment District Report (09-55) Commissioner Ivins moved and Commissioner Franck seconded to accept the 2008 West Avenue Special Assessment District report as previously distributed. Commissioner Ivins introduced Matt Jones to present to the council. Matt Jones explained he is the attorney for the West Avenue Special Assessment District. The reconciliation between the Special Assessment District and the Finance Department has taken place and the report is before the Council. The special assessment district is in the business to pay off the bond for the improvements that were made by the City in 2000. They do have a money market account and a CD that they have not yet determined what they will be used for. Total expenditures for this year were $357. The bond payment was made in the amount of $19,152. They have another 18 years with the City at 5 1/8%. Ayes – All Discussion and Vote: Healthy Transportation Resolution (09-56) Commissioner Ivins moved and Commissioner Johnson seconded to approved the Healthy Transportation Resolution as stated below: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA SPRINGS, NEW YORK WHEREAS, today pedestrians and bicyclists are discouraged from sharing the roadway with automobiles due to safety concerns; and WHEREAS, the City of Saratoga Springs has previously acknowledged the need for expanding a network of sidewalks for safe walker and handicap transportation; and WHEREAS, the Saratoga Springs City Risk Manager facilitates training for the handicap and wheelchair bound on safe transportation through educational programs and reflective vest distribution; and WHEREAS, the City of Saratoga Springs acknowledges that a more comprehensive approach to healthy transportation is desired to be created for pedestrian, bicycle and handicap modes; and Page 14 of 21 City Council Meeting 3/3/09 WHEREAS, the City of Saratoga Springs acknowledges that education and enforcement are important components of beneficial healthy transportation initiatives; and NOW THEREFORE BE IT RESOLVED that: 1. The City Council directs City departments, under the direction of Commissioner Ivins, to work cooperatively to create healthy transportation initiatives that embrace but not limited to Bike Boulevards, Complete Streets, open space trails, safe handicap transportation. 2. The City Council will receive updates on the progress of initiatives and all initiatives will be completed and presented to the Council for adoption no later than the second meeting of September, 2009. Commissioner Ivins stated he is an avid bicyclist and is out there fighting the traffic. He would like to work with the various departments to come up with something they all can live with. Commissioner Scirocco asked for clarification of the committee. Commissioner Ivins stated this resolution stated the Council agrees pedestrian and bicycle safety is important and we should do something. This empowers the committee to go forward. This forces the committee to have to present something to the Council by September. Commissioner Kim stated he thought from his discussions with Healthy Transportation is that we would adopt concepts or principals; not that we were actually doing the projects. The stimulus package has a complete streets resolution template that states: “be it resolved, all street projects including design, planning, reconstruction, rehabilitation, maintenance,….shall be designed in a balanced, responsible, and equitable way to accommodate and encourage travel by bicyclists, public transportation vehicles, and their passengers and pedestrians of all ages and abilities.” He didn’t anticipate that we were taking on the role of doing these projects. Commissioner Ivins stated the resolution doesn’t state we are doing any projects. This is to take things from different sources and put together what our goal and vision is. Commissioner Kim states to him this resolution implies that there are initiatives; which is a word that says to him that either Commissioner Ivins or this committee is doing things rather than setting up this value system. Commissioner Ivins stated they are creating initiatives that the Council will have to approve. He will have to come back to the Council before any of those initiatives are ever implemented. We don’t know what the initiatives are yet. The meetings will set the direction. Mayor Johnson asked Bradley Birge if he wanted to comment on this. Brad stated it makes sense to look at this and put together a philosophy the City wishes to go forward with. He reviewed the resolution and encouraged the Council to look at this and identify the departments that should be involved and where this will fit into everyone’s priorities. Commissioner Scirocco asked if we are looking to put a budget together for this initiative. Commissioner Ivins stated at some point that may happen but for right now all he is looking for is to create the group that is going to create the broad vision. Mayor Johnson asked for clarification of a bike boulevard. Tobin Alexandria of East Avenue and of Healthy Transportation explained it is an organized network of streets that connect. It is marked as a boulevard and asks cars and bikes to share the road responsibly. Ayes – 4 Nays – Commissioner Kim Discussion and Vote: DPS Internal Controls (09-57) Page 15 of 21 City Council Meeting 3/3/09 Commissioner Ivins moved and Commissioner Franck seconded to approve the internal controls for the Department of Public Safety as distributed . Commissioner Ivins thanked Christine Gillmett-Brown and the DPS staff for all their work in putting these together. Some of the policies are already in effect. Ayes – All Discussion: City Finances Commissioner Ivins stated his office received a response from the State Comptrollers office. They plan to be here on March 16th. Last week we received a check from NYRA for the 4th quarter utility bills that were unpaid after the state took over the property. In the future, NYRA will continue to pay those utility bills as a user and the state will pay the taxes. We have not received the 4th quarter property tax payment from the state. He will be meeting with the County to discuss issues of how the payments will be made through the county. We received the final 2008 payment for sales tax – we are about $600,000 short of the 2008 budget. Public Works Department Discussion and Vote: Approval of 2009 Water & Sewer Rates (09-58) Commissioner Scirocco moved and Commissioner Ivins seconded the adoption of the 2009 water and sewer rates as proposed. Commissioner Ivins stated he is surprised to not here from the public after all the comments at the last council meeting. He asked if Commissioner Scirocco met with the residents of Interlaken and what the outcome was. Commissioner Scirocco stated he did meet with the residents and they are working on a solution. They will be meeting with them again on the 26th of March. Commissioner Ivins stated he wants to see the budget balance but he is not comfortable with a 5% increase in these economic times. Commissioner Scirocco stated the reason they have this increase is because they did not sell what they expected to sell. They are still going to have a shortfall with this increase. We are not talking about a major increase. This increase is there because they need to balance that budget. Commissioner Ivins stated he could probably live with a 3% increase. If we are selling less, maybe there is a way to cut some expenses. Commissioner Scirocco stated 3% isn’t something they could without running the numbers again. He asked Bill McTygue to comment. Bill McTygue stated we need to keep this in perspective. It is a modest increase of $.50 per 1,000 cubic feet. The first category is where most of the users lay. This is strictly a user fee supported budget. Commissioner Kim stated his issue is more of a timing issue. Any budget is more of a forecast. We are approving this 5 months after we are approving our overall budget. He believes we should figure out how to come up with numbers at the same time we are doing a budget. Bill McTygue stated this best reflects the activity for the fiscal year. If we were to be specific about the water rate increases and the numbers we are presenting tonight, we would have to roll the cycle backwards 2 full payment periods. That would put 4 quarters of activity in 2 separate years. From a budget standpoint, that would be chaotic. If we have a normal to dry year, we will close the budget gap. Page 16 of 21 City Council Meeting 3/3/09 Ayes – 4 Nays – Commissioner Ivins Discussion and Vote: Approval to Reclassify DPW Position (09-59) Commissioner Scirocco moved and Commissioner Kim seconded to reclassif y a data collector to a DPW coordinator . Commissioner Scirocco stated they are abolishing the data collector and reclassifying it to DPW coordinator with additional duties that came with the data collector position. They reviewed the duties and responsibilities of the data collection position with the Civil Service Commission to reorganize, with the loss of clerical positions in DPW in 2009. The current position is currently funded in the DPW budget as a Grade 6, Step 2 at $32,036. The DPW coordinator will be a Grade 7, Step 2 at $33,306, for a difference of $1270 yearly. Funding is in DPW budget and approved by the union and Civil Service. The effective date will be 3/9/09. Ayes – 4 Nays – Commissioner Franck Public Safety Department Announcement: Retirement of Lt. Jack King Commissioner Kim announced the retirement of Lt. Jack King. He always served the City with integrity. He began his 38 year career in 1971 at the age of 18. He will be missed. Discussion: Economic Stimulus Commissioner Kim advised on February 20th the governor had a meeting with a number of the agencies that will funnel the money. His department has been reviewing that and will be applying for the following possible grants: 1. Office of Technology Management has received stimulus money to provide broad band for public safety department. A broad band network would be constructed in the city allowing the police, fire and EMS to use it. There will be an unsecured, free web service available with that. There is a meeting on March 6th to discuss this. He requested assistance from Commissioner Ivins IT dept. 2. He is also seeking funding on the police facility and eastside fire and EMS facility. They have been told that bricks and mortar are not part of the stimulus package, but they see a lot of other municipalities applying for this. 3. Through NYSERDA, they are seeking a code enforcement grant. There is money for the establishment and maintenance of code enforcement programs. 4. COPS grant. Rules have changed on this and they will be funding threatened layoff or replacement cops. 5. NYSERDA is offering a program for traffic signal safety maintenance. They are encouraging cities to look at their current traffic signals and replace them with more energy efficient ones. 6. They are exploring several things in the fire department through the NYSERDA grants such as providing hybrid technology. There are a lot of questions still open here. Page 17 of 21 City Council Meeting 3/3/09 Discussion: Review Process of Ambulance Services Commissioner Kim stated he would like to invite the Council to appoint a representative to their committee to review the proposals and submit questions to them. Questions and representative names are need by the end of this week to DPS. A meeting can be held next week. Discussion: 66 Franklin Street Commissioner Kim stated this is before the DRC for a potential demolition permit. This building was condemned in 2006 by the code enforcers for habitation. At that point the premise was secured to the point it could be to minimize any dangerous conditions. The property has changed ownership a couple of times. Structural changes have occurred since the property had been condemned for habitation; this information was learned through the press. Code enforcers are going to go back in to evaluate the structural changes. He also put out the thought of a vacant structure ordinance. Vacating a home for whatever reason does have an affect on the neighborhood. The ordinance would state if the property owner is going to vacate a home, then the city can monitor the property and charge a fee to do so. Commissioner Franck read a couple excerpts from a 1973 Saratogian article regarding this property. If we have the short-sightedness to tear this building down and not do what was done to save the Bachelor Mansion, this would be a pity. This whole block has been fixed up and we should do what we can as a City and community to get grants to get this place fixed up. Commissioner Kim agrees although it is ultimately up to the DRC. Mayor Johnson stated we live in a community where we put a premium on what can be preserved. He would like to see whatever steps can be taken be taken to preserve this piece of property. Discussion and Vote: Firefighter Settlement See executive session section. Discussion: Accept Proposal for High Rock Development Commissioner Kim stated they would like to bid a professional services contract for an economic feasibility study. This is the first step to a potential PLA. We have design money, $1.1 million in the 2006 capital budget that would support this; approximately $2,000 - $4,000. They would like to do this quickly to move forward. Mayor Johnson stated he does not disagree with the idea of a study to explore the possibility of a PLA. He is concerned about using the funds mentioned because those funds were designated for the RFP you had for the design and build of a police station on the corner of Lake Avenue and Maple Avenue and High Rock, not in relation to the RFP on the table now. Commissioner Kim stated he will take a look at the bond issuance. His recollection is the bond was somewhat broad. Commissioner Franck stated because the bid is already out, and the PLA and WICKS was not mentioned in those bids, they will have to investigate because it could change the bid. Commissioner Kim stated once we’ve done this, they can react to that; the economic study will help them understand the potential costs if we go forward. It is an aid to the respondents as much as it is to us. Page 18 of 21 City Council Meeting 3/3/09 Commissioner Franck stated usually when you do a PLA it is in regard to WICKS. He thinks they will have to do the study both ways or hold off until we see what the Department of Labor says. Mayor Johnson stated there is going to have to be a distinction between a public project and a private project because there is a mixture here. The goal is to have some public benefit. His understanding of a PLA is to know what kind of project you are dealing with; the terms of the due diligence and the public benefit from that will vary from a mixed use project as opposed to something that is a public project. He also shares some of the concerns of timing because we are in the bid process. We will need to discuss all those things. Commissioner Ivins stated his concern is there is also discussion of forming another organization and leasing from that organization. The whole reason for doing that is you don’t have to go to WICKS. Mark Mitcher, an Organizer for the Operating Engineers, stated if it is public money, you have to do an economic feasibility study to show a cost savings with the PLA. If it is private money, you can sign a PLA without doing an economic feasibility study. There are new laws with leasebacks and authorities that should be checked into. They didn’t challenge the WICKS law although he expected the WICKS law to be challenged. He spoke with labor lawyers and they didn’t feel the City had an exemption from the WICKS law. Commissioner Kim stated taking this step makes good sense if we still don’t know where we are going. Two of the proposals require us to front public money. Commissioner Ivins stated the non-profit we form does the bonding with those organizations and we take out a lease option with them. Commissioner Kim stated he thought with one of them we bond $3 million. Set Public Hearing: Create Coin Drop Ordinance Commissioner Kim pulled this item from the agenda. Supervisors Joanne Yepsen Board of Supervisors Meeting Supervisor Yepsen reported they passed 18 resolutions and set the committee meeting dates for March. Some of the resolutions passed included: amending the Mental Health 2009 budget to accept additional state funds, they urged the NYS Legislature to support the state’s Farmland Protection Program and Environmental Protection Fund, they supported a senate bill to remove inequities in the assessment of the new condo units, and authorized contracts for more expanded in home services for the elderly. Governor’s Informational Meeting on Economic Stimulus Package Supervisor Yepsen reported they heard from NYSERDA, DEC, DOT, and EFC. The pieces of the recovery plan have to do with education, Medicaid, infrastructure and energy. Energy and technology is where President Obama is going. She is pleased about the technology money because they started a technology committee a year ago. For us to not to be on broadband in the city will hurt us. The accountability is going to be down to the dollar. If your project is checked on and you don’t do what you said you are going to do, they will take the money away. You have to be shovel ready and payments will be made periodically. Page 19 of 21 City Council Meeting 3/3/09 Guardian House for Homeless Women Veterans Update Supervisor Yepsen reported the committee met at the county today. The county is supporting this project. They have come close to choosing a location in Ballston Spa and applying for VA grant money later this month. One big fundraiser will be held this summer to raise money for this project. Grants to You – February Training Report Supervisor Yepsen reported 20 additional people graduated from Grants to You. They have over 100 graduates from this program. They have applied for another 2 year grant from NYS to keep this program going. Sustainable Saratoga Supervisor Yepsen reported CDTA representative gave a presentation. The next meeting is at Skidmore on March 31st. The website is www.sustainablesaratoga.ning.com. Matt Veitch Board of Supervisors Meeting Supervisor Veitch reported they had retained a navigation easement for the airport meaning they have an easement above land to trim trees. Trails Committee Supervisor Veitch showed the forest land the county owns. The Committee was tasked with changing some of the forest land. These lands were always open to the public but not easily accessible. The first parcel they plan to develop is the space next to the Wilton Mall. An additional parking area will be built on the other side of Louden Road with a dog park. Next to the parcel for the dog park is City owned land. Mayor Johnson stated there is a lot of detail, but the concept is very good. Racing Committee Supervisor Veitch announced the next committee meeting will be held on March 5th. Commissioner Ivins and Sam Pritcherell will attend to discuss property tax payments under the franchise agreement from the state. Green Committee Supervisor Veitch announced the next committee meeting will be held on March 19th at 7 pm at Skidmore College. They have been sponsored by the Government Department at Skidmore. This will be their inaugural meeting. ADJOURNMENT Mayor Johnson moved and Commissioner Ivins seconded to adjourn the meeting. Ayes - All. There being no further business, Mayor Johnson adjourned the meeting at 10:53 pm. Respectfully submitted, Page 20 of 21 City Council Meeting 3/3/09 Lisa Ribis Approved: 3-17-09 Vote: 5 - 0 Page 21 of 21